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Home My WebLink AboutPB Packet 2022-06-07 TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca,New York 14850 Tuesday, June 7,2022 Due to COVID-19 and the NYS Legislation allowing virtual meetings(Chapter 56 of the Laws of 2022 signed by Governor Ilochul on 4/9/22),the meeting will be held via the Zoom audio/visual application with no in- person attendance permitted. Members of the public may listen to (call in on cell or landline: (929)436-2866 and enter the Meeting ID: 836 4376 4382) or view (by computer go to htti3s://usO6web.zoom.us/w/83643764382)the Board meeting through Zoom. If the public would like to attend the meeting for viewing purposes only,it is recommended to watch the livestream video on YouTube (httys://www.voutube.com/channel/UCC9vvcXkJ6klVlibihCv7NO/live). AGENDA 7:00 P.M. SEQR Determination: T-Mobile Wireless Telecommunications Facility Collocation, 649 Five Mile Drive. 7:00 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed T- Mobile telecommunications collocation located at 649 Five Mile Drive. The project involves collocating telecommunications antennas and other equipment onto an existing teleconnmunications tower. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Donn K. Carroll, Owner; T-Mobile USA, Applicant; Adam Wolfrey, Centerline Communications LLC,Agent. 7:15 P.M. SEQR Determination: 2012 Holochuck Homes Subdivision potential preparation of a Supplemental Environmental Impact Statement 7:15 P.M. PUBLIC HEARING: Consideration of a time extension for the 2012 Holochuck Homes Final Subdivision Approval for all lots that have not been transferred since final subdivision approval was granted. The project is located off NYS Route 96 (Trumansburg Road) and is bordered by the Cayuga Medical Center property to the north, and the Paleontological Research Institution, Cayuga Ridge, Seventh Day Adventist Church, and People of the State of New York properties to the cast. On April 17, 2012, the Planning Board granted final subdivision approval for a project involving the construction of 106+/-town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96(Trumansburg Road). As part of the project, the New York State Office of Parks, Recreation, and Historic Preservation purchased 68 1/-acres of the eastern portion of the property adjacent to NYS Route 89 (Taughannock Boulevard). Pursuant to Town Code Chapter 234,Article VII, §234-39, the subdivision approval has expired for all the lots except the lot transferred to New York State, and the applicant has requested an extension of the approval. The proposal involves a SEQR action to determine whether there is newly discovered information or a change in circumstances related to the project that requires the preparation of a Supplemental Environmental Impact Statement. Holochuck Homes LLC, Owner/Applicant; Raymond M. Schlather,Esq.,Agent. 5. Persons to be heard. 6. Approval of Minutes: May 17, 2022 7. Other Business. S. Adjournment. Susan Ritter Director of Planning 607-273-1747 NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY CHRIS BALESTRA AT 607-273-1747 or CBALESTRA(n7TOWN.ITHACA.NY.US. (A quorum of four(4)members is necessary to conduct Planning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under "Planning Board"on the"Meeting Agendas"page(littr)://www.town.ithaca.nv.us/mectint-aL-endas). TOWN OF ITHACA PLANNING BOARD PUBLIC HEARING NOTICE The Planning Board will hold public hearings on Tuesday,June 7,2022,at the following times and on the following matters: 7:00 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed T-Mobile telecommunications collocation located at 649 Five Mile Drive. The project involves collocating telecommunications antennas and other equipment onto an existing telecommunications tower. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Donn K. Carroll, Owner; T- Mobile USA,Applicant; Adam Wolfrey, Centerline Communications LLC,Agent. 7:15 P.M. Consideration of a time extension for the 2012 Holochuck Homes Final Subdivision Approval for all lots that have not been transferred since final subdivision approval was granted. The project is located off NYS Route 96(Trumansburg Road) and is bordered by the Cayuga Medical Center property to the north, and the Paleontological Research Institution, Cayuga Ridge, Seventh Day Adventist Church,and People of the State of New York properties to the east. On April 17, 2012, the Planning Board granted final subdivision approval for a project involving the construction of 106+/- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96(Trumansburg Road).As part of the project,the New York State Office of Parks, Recreation, and Historic Preservation purchased 68+/- acres of the eastern portion of the property adjacent to NYS Route 89 (Taughannock Boulevard). Pursuant to Town Code Chapter 234, Article VII, §234-39, the subdivision approval has expired for all the lots except the lot transferred to New York State, and the applicant has requested an extension of the approval.The proposal involves a SEQR action to determine whether there is newly discovered information or a change in circumstances related to the project that requires the preparation of a Supplemental Environmental Impact Statement. Holochuck Homes LLC, Owner/Applicant; Raymond M. Schlather, Esq.,Agent. Due to COVID-19 and the NYS Legislation allowing virtual meetings(Chapter 56 of the Laws of 2022 signed by Governor Hochul on 4/9/22), the meeting will be held via the Zoom audio/visual application with no in- person attendance permitted. Members of the public may listen to(call in on cell or landline: (929)436-2866 and enter the Meeting ID: 836 4376 4382) or view (by computer go to https://us06web.zoom.us/j/83643764382)the Board meeting through Zoom. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube (https://www.youtube.com/channel/UCC9yycXkJ6klVlibjhCy7NQ/live). Any person wishing to address the board will be heard. In addition, comments can be sent via email to townclerkL&town.ithaca.ny.us up to the end of business the day of the meeting and all comments will be forwarded to the board. Additional information is available at www.town.ithaca.ny.us. Susan Ritter,Director of Planning TOWN�� DEPARTMENT OF PLANNING 215N. Tioga8t14850 007.273.1747 .PLANNING DEPARTMENT MEMORANDUM TO: Planning Board Members FROM: Christine Ba|estra, Planner DATE: May 3l, %O2% RE: Proposed T-K4obi|eTelecommunications Facility Collocation — Preliminary and Final Site Plan Approval Enclosed please find materials related to the consideration of Preliminary and Final Site Plan Approval for the proposed T-Mobile telecommunications collocation located at 649 Five Mile Drive. The project invO|veSCO||OC3ting5ixte|ecOnonouniC8tiOnS3ntenn3SOntO8nexiSting telecommunications tower located 8th49 Five Mile Drive. The project vvi|| 8|SOinC|udethe installation of two equipment cabinets and a generator with sound enclosure onto a 10' by 15' concrete pad within the existing fenced equipment cabinet area. The Planning Board will consider granting preliminary and final site plan approval for the proposal at the June 7, 2022, Planning Board meeting. PropertV characteristics: This property is bound on the north bya strip of land owned by the Town of Ithaca, along with Catholic cemetery lands immediately adjacent to the town land; on the east by the Norfolk Southern Railroad, On the south by private residences (including 651 Five Mile Drive\, and On the west by Five Mile Drive/NYS ROutel3A. The property is relatively flat and contains 3 mix of tall hardwood trees /noO5t|y K43p|e\, patchy lawn areas, and grasses. Although 3 portion Of the property lies within 8lO0-ye3r flood plain, the property is not located within 8 Unique Natural Area, nor are there any known streams, wetlands, or rare/endangered plant or wildlife populations located on the site. The Cayuga Inlet and a former railroad bed and future access trail to Buttermilk Falls State Park is located over the property boundary and east Of the active railroad tracks. This area iS located within 8Unique Natural Area but is not on the property and is not expected to be negatively affected by the proposed collocation. The existing telecommunications tower is 125-ft tall and is designed to collapse within a radius that is half the height of the tower in C85e Of high winds, lighting Strike, Or Other disaster. The tower is also designed to accommodate three additional collocations beyond the original approved Veri7On8ntenn35. The area immediately surrounding the tower contains a fenced-in compound with equipment shelters, cabinets, and Other infrastructure related tO the tower and its carriers. Tower history: This was the first telecommunications tower in the Town of Ithaca for which the town was the lead agency in the environmental review (the first review was for a county emergency tower on Danby Road). The tower received a significant amount of scrutiny from the Planning Board, with 11 Planning Board meetings between December 16, 2008 (sketch plan) and September 1, 2009 (final approval). At that time, the Planning Board had almost no experience reviewing a cell tower application and had many concerns regarding the proposed structure and its safety, location requirements, coverage areas, and other elements of the project. Pursuant to the Town Code, the board decided to hire an independent consultant to analyze the application elements, including the radiofrequency information provided by Verizon. The original tower project included a tree preservation and planting plan to screen ground equipment associated with the existing carrier and any future carriers. The woods surrounding the tower contain very tall trees that were purposely preserved to serve to screen the tower itself. The trees and plantings on the site have been regularly inspected since the tower was installed to ensure that the screening remains in place and is healthy. Of note: The original project involved subdividing the leased area from the residence at 651 Five Mile Drive, which is why some of the attachments contain the wrong address. The physical address for the tower is now 649 Five Mile Drive, but the mailing address for the project site is that of the property owner for both parcels (649 and 651 Five Mile Drive). Previous similar proposals:The Planning Board has reviewed several nearly identical collocation proposals like this one, including two collocation projects on the Tompkins County emergency tower on Danby Road (Sprint in 2017 and T-Mobile in 2018). Both projects involved collocating six wireless telecommunications antennas onto an existing tower and installing equipment cabinets on a platform within an existing fenced-in compound. The board also reviewed a Verizon proposal in April 2022 that involved antenna replacements but no new ground equipment for the Verizon tower on the Cornell Botanic Gardens property. Like the three proposals listed above, the current project requires site plan review from the Planning Board because the town's telecommunications provisions in Town Code §270-219.D state "any subsequent location of telecommunications antennas and/or equipment by other service providers on existing towers designed specifically for share use shall not require a new or modified special permit if there would be no increase in the height of the tower and if the tower's original design was adequate to accommodate the proposed additional antennas and equipment. However, the additional antennas and equipment will require site plan approval and issuance of a building permit before construction occurs." There is no grading or excavation required for the project, and any stormwater management or floodplain issues related to the project will be handled during the building permit process. The enclosed staff-prepared materials include a draft completed environmental assessment Parts 2 and 3 (Part 1 was submitted by the applicant), and draft resolutions for the board to consider. Please contact me by phone at (607) 273-1747 or my email at cbalestra@town.ithaca.ny.us if you have any questions. Att. cc: Adam Wolfrey,Centerline Communications LLC Donn Carroll, property owner 2 � 750 West Center Street,SUite 301 West Bridgewater, MA 02379 �� `� � 0��`�N� �� 7B1.�13/4725 -----' commvw/our/Omm Agent forT-K4obi|e: Adam VVo|frey—Centerline Communications LLC—Authorized Agent Date: O4/26/22 Site Address: 651 Five Mile Drive— Ithaca NY To VVhorn It May Concern: Re: Eligible Facilities Request to modify Transmission Equipment on a communications Tower located at 651 Five Mile Drive— |thaca NY. A. T-Mobile is Filing an Eligible Facilities Request Adam VVo|frey—Centerline Communications LL[—Authorized Agent on behalf ofT-K4obi|e New England is submitting the attached Eligible Facilities Request application to add, remove, modify, or replace Transmission Equipment on a telecommunications Tower located at 651 Five Mile Drive in Town of Ithaca NY. Because this jurisdiction has not yet developed an Eligible Facilities Request permit application form that complies with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, commonly known as the "Spectrum Act" (Pub. Law No. 112-96, 126 5tat 156\,this Eligible Facilities Request is attached to the commercial permit application form which was customarily used by this jurisdiction when reviewing requests to collocate or modify wireless telecommunications facilities. Because federal |axv now preempts many ofthe permit application requirements that this jurisdiction would previously have required from an applicant, this Eligible Facilities Request application provides only the information that federal |axv allows this jurisdiction to consider when reviewing an Eligible Facilities Request. Section 6409(a) of the Spectrum Act mandates that state and local governments "may not deny, and shall approve, any eligible facilities requestforo modification ofon existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." Under Section 6409/aV2VA\-([) an Eligible Facilities Request is any request to modify a Tower or Base Station that involves "collocations Of new Transmission Equipment," "removal," or "rep|3Cernent" OfTransmission Equipment. B. Why this Eligible Facilities Request Must Be Granted This Eligible Facilities Request involves an effort to collocate, remove, modify, or replace Transmission Equipment on a Tower for the use of an FCC licensed wireless carrier. The existing Tower is a structure that is 125' high and presently contains wireless facilities. The existing 750 West Centel,Street,SUite 301 West Bridgewater, IAA 02079 WW 11417 7S1,719,47 5 CGWAUWCAT� N, The list of equipment identified in the Eligible Facilities Request application that will be collocated, removed or replaced at the Tower also is Transmission Equipment as determined by the FCC. The FCC has defined Transmission Equipment as "any equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and back-up power supply. This definition includes equipment used in any technological configuration associated with any Commission-authorized wireless transmission, licensed or unlicensed,terrestrial or satellite, including commercial mobile, private mobile, broadcast and public safety services, as well as fixed wireless services such as microwave backhaul or fixed broadband." The FCC, in a Report and Order adopted on October 17, 2014, determined that any modification to an existing telecommunications Tower that meets the following six criteria does not substantially change the physical dimensions of the existing Tower and therefore is an Eligible Facilities Request which must be granted: 1. The modifications to the Transmission Equipment do not increase the height of the Tower by twenty feet or ten percent, whichever is greater. 2. The modifications to the Transmission Equipment do not protrude from the edge of the Tower by twenty feet or more than the width of the Tower(whichever of these two dimensions is greater) at the level where the transmission equipment modifications are made; 3. The modifications to the Transmission Equipment do not involve the installation of more than the standard number of equipment cabinets for the technology involved,not to exceed four 4. The modifications to the Transmission Equipment do not entail any excavation or deployment outside of the Tower site. 5. The modifications to the Transmission Equipment do not defeat any existing concealment elements of the Tower. 6. The modifications to the Transmission Equipment comply with prior conditions of approval of the Tower,unless the non- compliance is due to an increase in height,increase in width,addition of equipment cabinets,or new excavation that does not exceed the corresponding"substantial change"thresholds in numbers 1-4. There is a certification attached to the accompanying Eligible Facilities Request that identifies how each of the six review criteria identified by the FCC is met. The modifications to the Transmission Equipment at the Tower located at 651 Five Mile Drive contained in this Eligible Facilities Request fully conform to Section 6409(a) as enacted by Congress and as interpreted by the FCC. Accordingly,this Eligible Facilities Request must be approved within 60 days, as required by federal law and FCC regulations. C. Notice of Federal Law Expedited Permit Processing and Deemed Granted Under federal law, an Eligible Facilities Request is deemed granted sixty (60) days after a complete application is filed with a local jurisdiction. If sixty days pass after the submission of T-Mobile's accompanying Eligible Facilities Request and the Town of Ithaca NY has not acted to grant or deny the request, it will be deemed granted. At that time, the applicant may advise the [insert name of local jurisdiction] that the application has been deemed granted. If the 750 West Carter Street,SUite 301 West Bridgewater, IAA 03379 WW 11417 7 751,713, 735 CGMAw MCAT N, Town of Ithaca NY wishes to contest whether the Eligible Facilities Request has been deemed granted, the burden is on the [Town of Ithaca NY to file a lawsuit in a court of competent jurisdiction within 30 days after receipt of a written communication notifying it that the Eligible Facilities Request has been deemed granted. Failure to file a lawsuit in a timely manner may forever bar this jurisdiction from contesting that this Eligible Facilities Request has been deemed granted. T-Mobile is committed to working cooperatively with you, and all jurisdictions around the country, to secure expeditious approval of requests to modify existing personal wireless service facilities. Please do not hesitate to contact me if you have questions. Sincerely, Adam Wolfrey Centerline Communications LLC Authorized Agent T-Mobile's Scope of Work: Install 6 Antennas— 3 -AIR6449 B41 Antennas 3 -APXVAALL24 43-U-NA20 Antennas ANTENNA SPECIFICATIONS ANTENNA MODEL A g WEIGHT LSS) AIR6449 B41 33.1" 20 6" 8.6" 104.0 APXVAALL24 4.3-IJ-NA20 95.9" 24.0" 8.5" 122.8 Install 6 RRUs- 3 - RADIO 4460 625/1366 3 - RADIO 4480 671/1385A RRIJ SPECIFICATIONS RRU MODEL A g C WEIGHT (LSS) RADIO 4460 325/1366 19.6" 15.7" 12.1" 109.0 04*00 `*w 21.8" 15.7" 7.5" 46 Install 3 Hybrid Cables& 1 Coax Cable Ground Work: Installing 3 Cabinets on a proposed 10'x 15'Concrete Pad. um tl I I I fi�P� I I�ql I;II � I I, I ; I I V P yluil 16 uol�; � II Y I ry i I I y I �p I ' d r4 l I� II Pr I uuui III Il�illlliiipVl V{VVVVVIDOV I � I IIIIL, 14 l i,, I, j I { l 111 yI �` I , Y �I . V V ' IYPI Liiiiii � ° I 'p. I Y „ee EII I I I"' ' I l.�ll I III I I uon u, Y I I I i I II I r I Il4: 1V i� I�ii IIIIIIIIIIII�II�II�II�II�III O au u. "I II;I III iuuuuuuuuuu Y d hl > C\j 'L ti > q9 d II ,tIP I . I , Vill t 4 t 'V� I � d � a w wr1 uld HIV '/ iii. ��::: •. u II ill Id luuullul ulll� i N I ii l:�l i v IIIII 8tl O� i ri �I l,e r, I� ' I I s n, I PROPOSED RESOLUTION: SEQR Preliminary& Final Site Plan Approval T-Mobile Telecommunications Facility Collocation 649 Five Mile Drive Tax Parcel No. 31.-2-25.3 Town of Ithaca Planning Board, June 7, 2022 WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed T-Mobile telecommunications collocation located at 649 Five Mile Drive, Town of Ithaca Tax Parcel No. 31.-2-25.3. The project involves collocating telecommunications antennas and other equipment onto an existing telecommunications tower. Donn K. Carroll, Owner; T-Mobile USA, Applicant; Adam Wolfrey, Centerline Communications LLC, Agent; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in the environmental review with respect to the project; 3. The Planning Board, on June 7, 2022, has reviewed and accepted as adequate a Full Environmental Assessment Form (EAF) Part 1, submitted by the applicant, Parts 2 and 3 prepared by Town Planning staff, along with a narrative, an RF analysis, a structural analysis study, eligible facility forms, a set of drawings titled"T-Mobile Coverage Strategy Collocation Plan, ATC Site Number 415966, ATC Site Name Coy Glen NY, T-Mobile Site Name ATC_415966_Coy_Glen, Site Address 651 Five Mile Drive, Ithaca,NY, 14850,"prepared by American Tower, T-Mobile and Colliers Engineering & Design, dated 08/05/2021 and most recently updated 10/14/2021, including sheets G-001, G-002, C-101, C-201, C-401, C-501, C-502, C-503, E-101, E-501, E-601, R-601 through R-607; and other application materials; and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review 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. Full Environmental Assessment Form Part 1 -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 applicant or project sponsor to verify that the information contained in Part Iis accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: ATC_415966_COY_GLEN/UP30773A Project Location(describe, and attach a general location map): 649 Five Mile Drive, Ithaca,Tompkins County, NY 14850 Brief Description of Proposed Action(include purpose or need): T-Mobile USA c/o Centerline Communications LLC proposes to collocate a new wireless telecommunications facility on an existing 125-foot-tall monopole tower.Six total proposed panel antennas will be installed on new mounts at a center height of 109 feet above ground level.Support equipment will be located atop a proposed 10-foot by 15-foot concrete pad to be located within the existing fenced compound.The proposed equipment will include one 35kw diesel generator with attenuated sound enclosure. No ground disturbance will occur outside previously disturbed areas. Name of Applicant/Sponsor: Telephone:781.715.5532 Centerline Communications LLC on behalf of T-Mobile USA E-Mail: kcross@clinellc.com Address:750 West Center St,Suite 301 City/PO:West Bridgewater State:MA Zip Code:02379 Project Contact(if not same as sponsor;give name and title/role): Telephone: Kelley Cross E-Mail: Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: Donn K.Carroll E-Mail: Address: 651 Five Mile Dr City/PO: State: Zip Code: Ithaca NY 14850 Page 1 of 13 FEAF 2019 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 Counsel,Town Board, ❑Yes❑No or Village Board of Trustees b. City,Town or Village ®Yes❑No Planning Board Site Plan Approval April 26,2022 Planning Board or Commission c.City,Town or ❑Yes❑No Village Zoning Board of Appeals d.Other local agencies ❑Yes❑No e. County agencies ❑Yes❑No f.Regional agencies ❑Yes❑No g. State agencies ❑Yes❑No h.Federal agencies ❑Yes❑No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes®No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? m Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ❑Yes®No 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 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plants)include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑YesmNo would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway; ❑YesmNo Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes, identify the plants): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): 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? LDR-Low Density Residential b. Is the use permitted or allowed by a special or conditional use permit? (project only irequires site plan appiroval4-i�❑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? CA.Existing community services. a.In what school district is the project site located? Ithaca School District b.What police or other public protection forces serve the project site? Tompkins County Sheriffs Office c.Which fire protection and emergency medical services serve the project site? Ithaca Fire Department d.What parks serve the project site? Buttermilk Falls State Park. Project is near the Cayuga Inlet. D.Project Details D.I.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)? Commercial/Public utility b. a.Total acreage of the site of the proposed action? 2.49+i_ acres b.Total acreage to be physically disturbed? <1 acres c.Total acreage(project site and any contiguous properties)owned (Property owneir at 651 Five Kiile Dniive or controlled by the applicant or project sponsor? <1 acres owns the tower property as well, but lie is not tllie aplpllicant or spoinsoir). C,'�3 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 E]No iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the proposed action be constructed in multiple phases? ❑Yes®No i. If No,anticipated period of construction: +/-3 months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (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 f.Does the project include new residential uses? ❑Yes®No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ®Yes❑No If Yes, i.Total number of structures 3 2 cabinets, one generator-generator is largest structure ii. Dimensions(in feet)of largest proposed structure: 7.5ft height; 2.9ft width; and 8.6ft length iii. Approximate extent of building space to be heated or cooled: 0 square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids, such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment,the principal source of the water: ❑ Ground water❑Surface water streams ❑Other specify: iii. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? Yes©No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? ii. How much material(including rock,earth, sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use,manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes,describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? QYesQNo ix. Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ❑Yes©No into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: iii.Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes,describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? ❑Yes®[No If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? ❑Yes❑[No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑Yes[—]No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: V. If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes ONo If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii.Nature of liquid wastes to be generated(e.g., sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? El Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes❑No • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? V. If public facilities will not be used,describe plans to provide wastewater treatment for the project, including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e. sheet flow)during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or acres(parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • If to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv. Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ®Yes❑No combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) Temporary construction vehicles ii. Stationary sources during construction(e.g.,power generation, structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) One 35kw emergency diesel generator-will only run for 30 minutes a month for testing. g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N20) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPs) Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to, sewage treatment plants, E]YesE No landfills,composting facilities)? If Yes: i. Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yeso No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial [—]Yeso No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to ii. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes ONo v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within 1/2 mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand PJYes❑No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: Minimal increase for telecommunications equipment ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): Via local grid iii. Will the proposed action require a new,or an upgrade,to an existing substation? ❑YesR No 1.Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday-Friday: Normal business hours • Monday-Friday: Unmanned facility operates 24/7 • Saturday: • Saturday: Unmanned facility operates 24/7 • Sunday: • Sunday: Unmanned facility operates 24/7 • Holidays: • Holidays: Unmanned facility operates 24/7 Page 7 of 13 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑Yes 0No operation,or both? (generator is contalined wlithriin a sound enolostare) If yes: C_c i. Provide details including sources,time of day and duration: ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes❑No Describe: n.Will the proposed action have outdoor lighting? 0 Yes[-]No If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim, and proximity to nearest occupied structures: One switch-operated LED Iuminaire within proposed equiment area.Nearest occupied structure approx 430.feet distant. ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes 0No Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes 0No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes ONo or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored ii. Volume(s) per unit time (e.g.,month,year) iii. Generally,describe the proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ONo insecticides)during construction or operation? If Yes: i. Describe proposed treatment(s): ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes 0No of solid waste(excluding hazardous materials)? If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation: tons per (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes❑ No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years t.Will the proposed action at the site involve the commercial generation,treatment, storage,or disposal of hazardous❑Yes 0No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.1.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑ Rural(non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify): ii. If mix of uses,generally describe: b.Land uses and covertypes on the project site[NAo „'t of this section was 'filled out Icy tow in stafflC'c Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious 124 .124 0 surfaces • Forested 1.24 1.24 0 • Meadows,grasslands or brushlands(non- 0.2 0.2 0 agricultural, including abandoned agricultural) • Agricultural 0 0 0 (includes active orchards,field,greenhouse etc.) • Surface water features 0 0 0 (lakes,ponds, streams,rivers,etc.) • Wetlands(freshwater or tidal) 0 0 0 • Non-vegetated(bare rock,earth or fill) 0 0 0 • Other Describe:Telecommunications facilities .92 .92 0 Page 9 of 13 c.Is the project site presently used by members of the community for public recreation? ❑Yes❑No i. If Yes: explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g., schools,hospitals,licensed 0YesMNo day care centers,or group homes)within 1500 feet of the project site? C If Yes, i. Identify Facilities: Old Hundred nursing home is located at the corner of Five Mile Drive and Bostwick Road,approximately 600ft south west of project.C' e.Does the project site contain an existing dam? ❑Yes❑No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: £Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑Yes❑ No • If yes,cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: It. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes® No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? ❑Yes❑No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? >6 feet b.Are there bedrock outcroppings on the project site? ❑Yes®No If Yes,what proportion of the site is comprised of bedrock outcroppings? % c.Predominant soil type(s)present on project site: Eel Silt Loam 100 % d.What is the average depth to the water table on the project site? Average: >6 feet e.Drainage status of project site soils:❑ Well Drained: %of site 0 Moderately Well Drained: 100%of site ❑ Poorly Drained %of site f.Approximate proportion of proposed action site with slopes: ® 0-10%: 100 %of site ❑ 10-15%: %of site ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? ❑Yes®No If Yes,describe: h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes®No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? Please See IParl 2 C_,r ®Yes❑No If Yes to either i or ii,continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ®Yes ONo state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes 0Vo waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ❑Yes®No j.Is the project site in the 100-year Floodplain? ®Yes❑No k.Is the project site in the 500-year Floodplain? ❑Yes[JNo 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑Yes®No If Yes: i.Name of aquifer: Page 11 of 13 in. Identify the predominant wildlife species that occupy or use the project site: Project site is an unvegetated telecommunications tower compound.No species expected to be found on the site. n.Does the project site contain a designated significant natural community? I1:1ease see Pw-t 2 ®Yesfl No If Yes: C c i. Describe the habitat/community(composition,function,and basis for designation): NYS DEC EAF Mapper indicates Floodplain Forest. ii. Souree(s)of description or evaluation: EAF Mapper iii. Extent of community/habitat: • Currently: 20.0 acres • Following completion of project as proposed: 20.0 acres • Gain or loss(indicate+or-): 0 acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑YesONo endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ®Yes❑No special concern? Please see IPwl C'c If Yes: i. Species and listing: Gray Petaltail (State Special Concern);Northern Long-eared Bat(threatened):Monarch Butterfly(candidate) Site is an unvegetated telecommunications tower compound.No species expected to be present/affected on project site. q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes®No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a. Is the project site,or any portion of it, located in a designated agricultural district certified pursuant to F]Yes®No Agriculture and Markets Law,Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes®No i. If Yes: acreage(s)on project site? ii. Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature ii. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: ii. Basis for designation: iii. Designating agency and date: Page 12 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 the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i.Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: £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? Please see Ipwl 2 c t3 g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes ONo 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 OYes❑No scenic or aesthetic resource? If Yes: i. Identify resource: Buttermilk Falls State Park ii. Nature of,or basis for,designation(e.g.,established highway overlook, state or local park,state historic trail or scenic byway, etc.):State Park iii. Distance between project and resource: -0.25 miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑YesONo Program 6 NYCRR 666? If Yes: i. 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 T-Mobile USA c/o Centerline Communications Date May 4,2022 Signature William Ross Title Consultant for Applicant PRINT FORM Page 13 of 13 Full Environmental Assessment Form Part 2-Identification of Potential Project Impacts 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 Eta ❑ 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. Bli ❑ ❑ h.Other impacts: Project involves co-locating telecommunication antennas on existing cell tower. Land ❑ disturbance will be limited to installing a small concrete pad within existing area to accommodate equipment associated with antennas(cabinets, ice bridge,cables,etc). 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.2.h) 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 0 ❑ 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, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1. Other impacts: Project site is located approximately 200 feet west of the Cayuga Inlet/Tompkins ® ❑ County Unique Natural Area#153. The project will not impact the Inlet or any other nearby water resources. 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ✓❑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 Dla,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,Elf, ❑ ❑ 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. ❑NO ❑✓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. Eli ❑ ❑ b.The proposed action may result in development within a 100 year floodplain. E2j 0 ❑ 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, Ele ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts; Project is located within a 100-year Floodplain and will require a ® ❑ permit via Town Code Chapter 157-Flood Damage Prevention. 6. Impacts on Air The proposed action may include a state regulated air emission source. ✓�NO YES (See Part 1. D.2.f., 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.) RNO RV 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 Ego ❑ ❑ 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: NYS DEC EAF Mapper/Nature Explorer Database-Forest Floodplain 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 El El 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. The NYS DEC EAF Mapper program has identified the general area as potentially containing rare, j. Other impacts:threatened or endangered plants and animal species. However,the existing fenced in area where 0 the project will take place does not contain the habitat required for these species to exist.The Cayuga Inlet,located approx.200 feet east of the tower,beyond the railroad tracks,is much more likely to contain rare,threatened or endangered plant and animal species. 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) QNO ❑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 Etc,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 [:]NO ❑✓ 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) El ❑ 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 El El ❑❑ 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 1/2-3 mile 3-5 mile 5+ mile g.Other impacts:The existing tower,at 125 feet tall,is barely visible from all directions.Most ❑ ❑ of the trees that surround the tower are 85-100+/-feet tall.The array,at 109ft up,will barely be visible and will not block or eliminate scenic views or cause any impact on any designated scenic or aesthetic resource. 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological NO �✓ YES resource. (Part 1. E.3.e,f. and g.) If"Yes", answer questions a-e. If"No", go to Section IL 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 The area to be disturbed was previously disturbed to install the existing telecommunications facility and contains a concrete pad,equipment cabinets,the tower,and a fence. Any archaeologically sensitive sites would have been discovered with the prior disturbance. e.If any of the above(a-d)are answered"Yes",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 E3e,E3g, 0 of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, 0 integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, 0 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 WINO ❑YES 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.) I "Yes", answer questions a-e. I "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,E2p b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ❑ ❑ C2c,E2q 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,Elc ❑ ❑ 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 ✓V NO ❑YES environmental area(CEA). (See Part 1. E.3.d) I "Yes", answer questions a- c. ff"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. Z✓ NO FYES (See Part 1. D.2.j) I "Yes", answer questions a-g. I "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. F-INO QYES (See Part 1. D.21) If"Yes", answer questions a- e. If"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 Dlf, ❑ ❑ 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 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts Project involves a very slight increase in energy use. ❑ 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. F-1NO ✓ YES (See Part 1. D.2.m.,n., and o.) If"Yes", answer questions a-f. If"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,Ela ❑ ❑ area conditions. f.Other impacts:Project includes a small light on proposed equipment cabinet,which is expected to ❑ comply with the town Outdoor Lighting Law. Project will also include temporary noise during construction. Proposed generator will have a sound enclosure to mitigate noise on surrounding properties. 16. Impact on Human Health The proposed action may have an impact on human health from exposure FV NO YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d. f. g. and h.) I "Yes", answer questions a-m. I "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 Elg,Elh ❑ ❑ 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,Elf ❑ ❑ 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 D2s,Elf, ❑ ❑ project site. D2r in.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. �NO YES (See Part 1. CA, 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 C4,132c,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. R]NO YES (See Part 1. C.2, C.3, D.2,E.3) I "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 E3e,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. D 1 g,E t a 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: ❑ ❑ Page 10 of 10 Agency Use Only [IfApplicable] Project: -Mobile Collocation-649 Five Mile Drive Date: June 7,2022 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 proposal to place wireless telecommunication antennas on an existing telecommunications tower will not result in a significant adverse environmental impact. The property is completely wooded and contains the existing cell tower, and a fenced-in compound with existing equipment shelters/cabinets and associated infrastructure. The original 2009 approval for the tower included a tree preservation plan and planting plan that has been regularly inspected and is adequate to screen ground equipment associated with the existing carrier and any future carriers. The woods surrounding the tower contain very tall trees that already serve to screen the tower itself, so no additional landscaping is proposed or recommended. There is no grading or excavation required for the project, so no erosion or sedimentation controls are needed. However,the property is located within a 100-year floodplain, so the project will require a permit pursuant to the Town Code, Chapter 157-Flood Damage Prevention, along with a building permit. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: ❑ Type 1 ✓❑Unlisted Identify portions of EAF completed for this Project: 0 Part 1 0 Part 2 Q✓ Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information A narrative,drawings,and other documents provided by the applicant:the NYS DEC EAF Mapper and Nature Explorer Programs. and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town of Ithaca Planning Board as lead agency that: Q✓ 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. 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 617.d). ❑ 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: T-Mobile Collocation on existing telecommunications tower at 649 Five Mile Drive Name of Lead Agency: Town of Ithaca Planning Department Name of Responsible Officer in Lead Agency: Liebe Meier Swain Title of Responsible Officer: Chair Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Christine Balestra,Planner Address: Town of Ithaca Planning Department,215 North Tioga Street, Ithaca,NY 14850 Telephone Number: 607-273-1747 E-mail: cbalestra@town.ithaca.ny.us For Type 1 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: http://www.dec.ny.gov/enb/enb.htmil Page 2 of 2 EAF Mapper Summary Report Monday, May 23, 2022 4:07 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to 'I ru '11 Z 2 6.2 DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a substitute for agency determinations. -h 9fl s ° :ara� al � N l V B SS II � f Iu)Itl�o�r I �rm�� Nrm .` fi h - I Ahitr Bofo�r `� `n tl^,1 II dp '��h t r " �P � '.. Jla ... J ,"a �a_d 1 ��; N� I"T 1'= I rf ,,I:;n,i;i irr rm k QTG' .g h27 -'I' .d �,. f E �rglr r?hi(� ell a�3tr��ll7 I„jt� � II`"�t�ni1s.I�J�:FEI°w�IEIJTF I�IFI,{��irt EII JW1 P111y CJEII Egli (;I�rii gHtl;alik I�.r.all�:', E l� P t �I°�°wgll� rr_ pt�ifi r I„ I A J) °wIE�PI��F', ��11�,E 11 Ja�i�:,n I41EII�E��n China dH+ali�l I��:al�J E�ti i e.ar ;' �ii Nh �3i,4�+i1 I� �I( �a. N�:;N (:�L� 7�t� M Iw,IJ�: aq Wwtrwl�ha ai tnl M !o " (�I Users 0111rIL111ky: B.i.i [Coastal or Waterfront Area] No B.i.ii [Local Waterfront Revitalization Area] No C.2.b. [Special Planning District] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. E.1.h [DEC Spills or Remediation Site - Digital mapping data are not available or are incomplete. Refer to EAF Potential Contamination History] Workbook. E.1.h.i [DEC Spills or Remediation Site- Digital mapping data are not available or are incomplete. Refer to EAF Listed] Workbook. E.1.h.i [DEC Spills or Remediation Site- Digital mapping data are not available or are incomplete. Refer to EAF Environmental Site Remediation Database] Workbook. E.1.h.iii [Within 2,000' of DEC Remediation No Site] E.2.g [Unique Geologic Features] No E.2.h.i [Surface Water Features] No E.2.h.ii [Surface Water Features] Yes E.2.h.iii [Surface Water Features] Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. E.2.h.v [Impaired Water Bodies] No E.2.i. [Floodway] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. E.2.]. [100 Year Floodplain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. E.2.k. [500 Year Floodplain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. E.2.1. [Aquifers] No E.2.n. [Natural Communities] Yes E.2.n.i [Natural Communities - Name] Floodplain Forest Full Environmental Assessment Form - EAF Mapper Summary Report 1 E.2.n.i [Natural Communities -Acres] 20.0 E.2.o. [Endangered or Threatened Species] No E.2.p. [Rare Plants or Animals] Yes E.2.p. [Rare Plants or Animals - Name] Gray Petaltail E.3.a. [Agricultural District] No E.3.c. [National Natural Landmark] No E.3.d [Critical Environmental Area] No E.3.e. [National or State Register of Historic Digital mapping data are not available or are incomplete. Refer to EAF Places or State Eligible Sites] Workbook. E.3.f. [Archeological Sites] Yes E.3.i. [Designated River Corridor] No Full Environmental Assessment Form - EAF Mapper Summary Report 2 http://www.dec.ny.gov/natureexplorer/ New York Nature Explorer T-Mobile Telecom Collocation 649 Five Mile Drive June 7, 2022 PB Mtg Criteria: Selected Map Area �,t tatnktifi i A o wr a a a as II u i w u 0 n0 w Animal: Butterflies and Moths Tawny Emperor Butterflies and Skippers Historically 1991 S2S4 G5 Confirmed Asterocampa cdyton Animal: Dragonflies and Damselflies Gray Petaltail Dragonflies Recently 2015 Special Concern S2 G4 Confirmed Tachopteryx thorep Midland Clubtail Dragonflies Historically 1894 S3 G5 Confirmed Goniphurus fraternus New York State Department of Environmental Conservation Page 1 of 2 5/23/22 4:23 PM New York Nature Explorer u a a II u : i w u 0 n0 w Mocha Emerald Dragonflies Historically 1926 S2S3 G5 Confirmed Somatochlora linearis Plant: Flowering Plants Delicate Rabbit Tobacco Asters,Goldenrods and Historically Daisies Confirmed 1919 Endangered SH G4G5T3? Pseudognaphalium micradenium Marsh Lousewort Other Flowering Plants Historically 1977 Threatened S2S3 G5 Confirmed Pedicularis lanceolate Reflexed Sedge Sedges Recently 2001 S4 G5 Confirmed Carex retroflexa Spreading Chervil Other Flowering Plants Historically 1894 Endangered S1 G5T5 Confirmed Chaerophyllum procumbens var.procumbens Plant: Ferns and Fern Allies Marsh Horsetail Horsetails Recently 1999 Threatened S2 G5 Confirmed Equisetum palustre Plant: Mosses Rolled-leaf wet ground moss Other Mosses Recently 2005 S2S3 G4G5 Confirmed Hyophila involuta Note: Restricted plants and animals may also have also been documented in one or more of the Towns or Cities in which your user-defined area is located, but are not listed in these results. This application does not provide information at the level of Town or City on state-listed animals and on other sensitive animals and plants. A list of the restricted animals and plants documented at the corresponding county level can be obtained via the County link(s)on the original User Defined Search Results page. Any individual plant or animal on this county's restricted list may or may not occur in this particular user-defined area. This list only includes records of rare species and significant natural communities from the databases of the NY Natural Heritage Program. This list is not a definitive statement about the presence or absence of all plants and animals, including rare or state-listed species, or of all significant natural communities. For most areas, comprehensive field surveys have not been conducted, and this list should not be considered a substitute for on-site surveys. New York State Department of Environmental Conservation Page 2 of 2 5/23/22 4:23 PM PROPOSED RESOLUTION: Preliminary& Final Site Plan Approval T-Mobile Telecommunications Facility Collocation 649 Five Mile Drive Tax Parcel No. 31.-2-25.3 Town of Ithaca Planning Board, June 7, 2022 WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for the proposed T-Mobile telecommunications collocation located at 649 Five Mile Drive, Town of Ithaca Tax Parcel No. 31.-2-25.3. The project involves collocating telecommunications antennas and other equipment onto an existing telecommunications tower. Donn K. Carroll, Owner; T-Mobile USA, Applicant; Adam Wolfrey, Centerline Communications LLC, Agent; 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, as lead agency in the environmental review with respect to the project, has, on June 7, 2022, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Town Planning staff; and 3. The Planning Board, at a public hearing held on June 7, 2022,has reviewed, and accepted as adequate a narrative, an RF analysis, a structural analysis study, eligible facility forms, a set of drawings titled"T-Mobile Coverage Strategy Collocation Plan, ATC Site Number 415966, ATC Site Name Coy Glen NY, T-Mobile Site Name ATC_415966_Coy_Glen, Site Address 651 Five Mile Drive, Ithaca,NY, 14850,"prepared by American Tower, T-Mobile and Colliers Engineering & Design, dated 08/05/2021 and most recently updated 10/14/2021, including sheets G-001, G- 002, C-101, C-201, C-401, C-501, C-502, C-503, E-101, E-501, E-601, R-601 through R-607; and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of site plan control nor the policies enunciated or implied by the Town Board; and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed T-Mobile collocation on the existing tower at 649 Five Mile Drive, as described in the set of site plan drawings noted in Whereas #3 above, subject to the following condition: a. At all times, T-Mobile's facilities must not result in human exposure to radiofrequency radiation in excess of the applicable FCC safety standards. T-Mobile shall submit with any future application for facility modification a safety analysis by a qualified professional certifying that all applicable FCC safety standards for human exposure to radiofrequency radiation will be met. Eligible Facilities Request(EFR)Application Form Date of Submittal: 04/26/22 Submitted by: Name: ADAM WOLFREY-AUTHORIZED AGENT- CENTERLINE COMMUNICATIONS LLC Title: CONSULTANT Contact information: 508-667-3100 Name of Jurisdiction:TOWN OF ITHACA NY Address of Jurisdiction:215 North Tioga Street, Ithaca, NY 14850 Contact Name for Jurisdiction:CHRISTINE BALESTRA Name of Local Government Permit Application:COMMERCIAL BUILDING PERMIT APPLICATION Local Government File#: Street Address of Site:651 FIVE MILE DRIVE Tax Parcel # of Site: Latitude/Longitude of Site:42.42360833, -76.52645833 List Each Piece of Transmission Equipment that will be Collocated or Added: 6 ANTENNAS, 6 RRUS, 3 HYBRIDS CABLES, 1 COAX CABLES. List Each Piece of Transmission Equipment that will be Removed: N/A Eligible Facilities Request Application 2015.3 National Development List Cabinets that will be Collocated or Added at the Site: 3 CABINET List Cabinets that will be Removed at the Site: N/A Permit Application Deposit Amount: Municipal Consultant Review Fee Deposit(if applicable): Eligible Facilities Request Application 2015.3 National Development ELIGIBLE FACILITIES REQUEST CERTIFICATION FOR NON-SUBSTANTIAL CHANGES TO A WIRELESS TOWER NOT LOCATED WITHIN A PUBLIC RIGHT OF WAY 1) Address of the Wireless Tower: _651 Five Mile Drive - Ithaca NY_ 2) The height (measured in feet above ground level) of the existing Tower as originally approved, including any modifications approved prior to February 22, 2012: 125'_ 3) What is the height (measured in feet above ground level) at which the modifications to the Transmission Equipment will occur on the Tower? 109' 4. What will be the height (measured in feet above ground level) of the existing Tower after the modifications to the Transmission Equipment are installed? 125' 5) Effect of modifications of Transmission Equipment on Tower height: (A) Will the modifications in Transmission Equipment (addition, removal or replacement of Transmission Equipment) result in increasing the height above ground level of the existing Tower? ❑ Yes ® No (B) Will the modifications in Transmission Equipment result in increasing the height above ground level of the existing Tower by more than: (i) 10% of the height of the existing Tower, as originally approved, including any modifications approved prior to February 22, 2012; or (ii) twenty feet above the height of the existing Tower, as originally approved, including any modifications approved prior to February 22, 2012, whichever height increase is greater? ❑ Yes ❑ No 6) Will the modifications in Transmission Equipment (measured at the height above ground level where the Transmission Equipment will be attached to the tower) result in any Transmission Equipment protruding horizontally from the edge of tower by more than twenty (20) feet or by more than the existing width of the tower at that height, whichever of these dimensions is greater? ❑ Yes ❑ No 7) Will the proposed changes in Transmission Equipment involve excavation or placement of new equipment outside the existing Tower site or outside any access or utility easements currently related to the site? ❑ Yes ❑ No Non-Substantial Change Certificate for Towers Not Within A Public Right of Way National Development 2015.3 8\ Will the proposed modification in Transmission Equipment involve installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four? 1� �� Yes �� No 9) Will the proposed modification in Transmission Equipment defeat the existing concealment elements of the Tower? �� Yes �� No (1O) Prior Conditions ofApproval /A\ Will the proposed modification in Transmission Equipment comply with conditions of approval imposed on the Tower prior to February 22, 2O12? �� F� �� Yes �� No /B\ If the answer to 10(A) is "No," is the non-compliance due solely to any of the conditions addressed in questions 5-9above? F� F� �� Yes �� No If the answer to either question 5A or 5B im°Nm", and the answers 0o questions 6-9 are "No", and the answer to eitherI0A or is °Yes° then the proposed modifications donot substantially change the physical dimensions of the existing Tower. Please provide mbrief explanation, if necessary,to clarify any answer. Explanatory Comments (If Needed): Question No. Comment: This certification is dated this 25th dayotAp[il, 2022. 4,kax, AGENT ADAMVVDLFREY AUTHORIZED AGENT Name &Tit|e Non-Substantial Change Certificate for Towers Not Within A Public Right vfWay National Development 2015.3 AMERICANTOWERO C 0 R P 0 R A T 01 O N This report was prepared for American Tower Corporation by ii m .. lamon,CLS Structural Analysis Report Structure 125 ft Monopole ATC Site Name Coy Glen NY, NY ATC Asset Number 415966 Engineering Number 13702385_C3_03 Proposed Carrier T-MOBILE Carrier Site Name atc_415966_coy_glen Carrier Site Number UP30773A Site Location 651 Five Mile Drive Ithaca, NY 14850-2732 42.42360833, -76.52645833 County Tompkins Date July 22, 2021 Max Usage 66% ` Tylerr Barker PE V OF N E liy> so, -� Result Pass '1�Nc N"-N, 13A0A029.07.23 ��° BA& 13.10;45-04'00' CO 'A Prepared By: Reviewed By: Sreenivasa Kailasa _ w C LS A 09811 Id Sorrell Engineering PLLC -7/2" /202.1 PE#098117-1 Exp.2/28/2023 COA#18631 Exp.1/31/2024 w Telamon CLS 319 Chapanoke Road,Suite 118,Raleigh,NC 27603 Office:(40S)348-S742 • www.telamon.com Eng. Number 13702385_C3_03 I„ July 22, 2021 Table of Contents Introduction .................................................................................................................................... 1 SupportingDocuments.................................................................................................................... 1 Analysis........................................................................................................................................... 1 Conclusion....................................................................................................................................... 1 Existingand Reserved Equipment..................................................................................................... 2 Equipmentto be Removed............................................................................................................... 2 ProposedEquipment....................................................................................................................... 2 StructureUsages .............................................................................................................................. 3 Foundations..................................................................................................................................... 3 Deflection, and Sway........................................................................................................................ 3 StandardConditions ......................................................................................................................... 4 Calculations......................................................................................................................... Attached Telamon CLS • 319 Chapanoke Road,Suite 118,Raleigh,NC 27603 • Office:(405)348-5742 • www.telamon.com Eng. Number 13702385_C3_03 I^ tclamon,CLS July 22, 2021 Page 1 Introduction The purpose of this report is to summarize results of a structural analysis performed on the 125 ft monopole to reflect the change in loading byT-MOBILE. Supporting Documents Tower Drawings Valmont Order#13001-09,dated March 8.2010 Foundation Drawing Valmont Order#13001-09,dated November 25,2009 Geotechnical Report TEP Project#63240.37158,November 4,2015 Analysis The tower was analyzed using American Tower Corporation's tower analysis software.This program considers an elastic three-dimensional model and second-order effects per ANSI/TIA-222. Basic Wind Speed: 110 mph (3-Second Gust) Basic Wind Speed w/Ice: 40 mph (3-second gust)w/1" radial ice concurrent Code: ANSI/TIA-222-H/2018 IBC/2020 New York Building Code Exposure Category: C Risk Category: I I Topographic Factor Procedure: Method 1 Topographic Category: 1 Crest Height(H): 0 ft Spectral Response: Ss=0.12,S1=0.05 Site Class: D-Stiff Soil Conclusion Based on the analysis results,the structure meets the requirements per the applicable codes listed above. The tower and foundation can support the equipment as described in this report. If you have any questions or require additional information, please contact American Tower via email at Engineering@americantower.com. Please include the American Tower site name, site number, and engineering number in the subject line for any questions. Telamon CLS • 319 Chapanoke Road,Suite 118,Raleigh,NC 27603 • Office:(405)348-5742 • www.telamon.com Eng. Number 13702385_C3_03 I^ tclamon,CLS July 22, 2021 Page 2 Existing and Reserved Equipment Elev.1(ft) Qty Equipment Mount Type Lines Carrier 3 Alcatel-Lucent B13 RRH4x30-4R 1 Raycap RxxDC-3315-PF-48(32 Ibs) 121.0 1 VZW Unused Reserve(12526.56 sqin) Sector Frame (6) 15/8"Coax VERIZON WIRELESS 6 Commscope NHH-65C-R2B (1) 1 5/8" Hybriflex 6 Amphenol Antel LPA-70063/8CF 3 Alcatel-Lucent B66 RRH4x45 Equipment to be Removed Elev.1(ft) Qty Equipment TMount Type77 Lines7 Carrier No loading was considered as removed as part of this analysis. Proposed Equipment Elev.1(ft) Qty Equipment Mount Type Lines Carrier 1 Generic GPS 3 RFS APXVAALL24 43-U-NA20 MC-CP12M-12-96 w/ (3) 1.99" (50.7mm) 109.0 3 Ericsson Radio 4460 1325+1366 MT-195-12 Upper Rail Hybrid T-MOBILE 3 Ericsson Radio 4480 1371+685A Support kit (1) 1/2" Coax 3 Ericsson Air6449 B41 'Contracted elevations are shown for appurtenances within contracted installation tolerances.Appurtenances outside of contract limits are shown at installed elevations. Install proposed lines inside the pole shaft. Telamon CLS • 319 Chapanoke Road,Suite 118,Raleigh,NC 27603 • Office:(405)348-5742 • www.telamon.com Eng. Number 13702385_C3_03 I^ tclamon,CLS July 22, 2021 Page 3 Structure Usages Structural Component ControllingPass/Fail Usage Anchor Bolts 66% Pass Shaft 47% Pass Base Plate 17% Pass Foundations Reaction Component Original Design Factored Design Analysis Reactions %of Design Reactions Reactions Moment (Kips-Ft) 3,203.3 4,324.5 1,948.3 45% Shear(Kips) 29.0 39.1 20.5 52% *The design reactions are factored by 1.35 per ANSI/TIA-222-H,Sec. 15.6.2 The structure base reactions resulting from this analysis are acceptable when compared to those shown on the original structure drawings,therefore no modification or reinforcement of the foundation will be required. Deflection and Sway* Antenna Deflection Sway(Rotation) Elevation (ft) Antenna Carrier (ft) (°) Generic GPS Ericsson Radio 4460 B25+1366 109.0 Ericsson Radio 4480 B71+B85A T-MOBILE 0.917 0.916 Ericsson Air6449 B41 RFS APXVAALL24 43-U-NA20 *Deflection and Sway was evaluated considering a design wind speed of 60 mph(3-Second Gust)per ANSI/TIA-222-H Telamon CLS • 319 Chapanoke Road,Suite 118,Raleigh,NC 27603 • Office:(405)348-5742 • www.telamon.com AMERI �� WER° """"" "^`1 "° Standard Conditions All engineering services performed by ATC Tower Services, Inc. are prepared on the basis that the information used is current and correct. This information may consist of, but is not limited to the following: • Information supplied by the client regarding antenna, mounts and feed line loading ~ Information from drawings, design and analysis documents, and field notes in the possession of AT[Tower Services, Inc. It is the responsibility of the client to ensure that the information provided to ATCTOvv8r Services, Inc. and used in the performance of our engineering services is correct and complete. All assets of American Tower Corporation, its affiliates and subsidiaries (collectively "American Tower") are inspected at regular intervals. Based upon these inspections and in the absence of information to the contrary, American Tower assumes that all structures were constructed in accordance with the drawings and specifications. Unless explicitly agreed by both the client and ATC Tower Services, Inc., all services will be performed in accordance with the current revision 0fANS|/T|A-222. All services are performed, results obtained, and recommendations made in accordance with generally accepted engineering principles and practices. ATC Tower Services, Inc. is not responsible for the conclusions, opinions and recommendations made by others based on the information supplied herein. Te|amoncLs ^ ozychapanoke Road,Suite z18,Raleigh,mC 27603 ^ Office:(405)348-5742 ^ Job Information Client: T-MOBILE Pole 415966 Code: ANSI/TIA-222-H Location Coy Glen NY,NY Description Risk Category : 11 Shape 18 Sides Exposure: C 02007-2021byATCIPLLC. A#rights reserved. Height 125.00 (ft) Topo Method : Method I Base Elev(ft): 0.00 Topographic Category: 1 Taper: 0.17472Q!n/ft) 125-0' 121'-0" Sections Properties Diameter(in) Overlap Steel Shaft Length Accross Flats Thick Joint Length Grade Section (ft) Top Bottom (in) Type (in) Shape (ks!) m 1 44.750 37.68 45.50 0.438 0.000 18 Sides 65' 109'-0" 2 45.000 31.60 39.46 0.375 Slip Joint 71.000 18 Sides 65 3 46.333 24.91 33.00 0.250 Slip Joint 62.000 18 Sides 65, 46'-4' Discrete Appurtenance 1/4"'Thirk (65 SI) Attach Force Elev (ft) Elev (ft) Qty Description 121.000 121.000 1 VZW Unused Reserve 121.000 121.000 3 Round Sector Frame 121.000 120.000 6 Amphenol Antel LPA- 85-10" 121.000 121.000 6 Commscope NHH-65C-R2B 121.000 121.000 3 Alcatel-Lucent B66 RRH4x45 121.000 120.000 1 Raycap RxxDC-3315-PF-48(32 lb 121.000 121.000 3 Alcatel-Lucent B13 RRH4x30-4R 62' 109.000 109.000 3 Ericsson Air6449 B41 109.000 109.000 3 Ericsson Radio 4480 1371+1385A 109.000 109.000 3 Ericsson Radio 4460 1325+1366 109.000 109.000 3 RFS APXVAALL24 43-U-NA20 109.000 109.000 1 Generic GPS 1109.000 109.000 1 Generic Flat Platform with Han 4510" 125-0' Linear Appurtenance 3/8'Thick. Elev(ft) Exposed ('65 SI) From To Description To Wind 0.000 109.0 1.99"(50.7mm) No 0.000 109.0 1/2"Coax No 0.000 121.0 1 5/8"Coax No 44-9' 0.000 121.0 1 5/8"Hybriflex No Load Cases 71 1.21)+1.0W 110 mph with No Ice 0.91)+1.0W 110 mph with No Ice(Reduced DL) 1.21)+1.0D1+1.0W1 40 mph with 1.00 in Radial Ice 1.21)+1.0Ev+1.0Eh Seismic 0.91)-1.0Ev+1.OEh Seismic(Reduced DL) 44-9' _1.0D+1.0W Serviceability 60 mph 7/16'Thick (65 SI) Reactions Moment Shear Axial Load Case (kip-ft) (kip) (kip) 11.21)+1.0W 1948.34 20.47 32.68 0.91)+1.0W 1932.86 20.46 24.50 1.21)+1.0D1+1.0W1 380.57 4.09 43.57 1.21)+1.0Ev+1.0Eh 82.43 0.82 32.03 0.91) -1.0Ev+1.OEh 81.71 0.82 22.87 1.01)+1.0W 516.14 5.45 27.26 Dish Deflections Attac h Deflection Rotation Load Case Elev (ft) (in) (deg) 0.00 0.000 0.000 125-O'_ 121'-0" 109'-0" 46'-4' 1/4`Thick (65 S1 85-10" 62 78--8" 1 125'-0' 45-0" 318'Thick. (65 SI 44-9' 1' L 7 I 44 7/16'Thick (65 SI i kl) as cn rj ar �° + 0 v U- a a nU 4 cr ca ca u .� LO .. ❑ ® _ a i 0 M O 11101 a a uuuuumoio a°„°�� ; LAJ LU uiuuuuuu uuuuumu �i i alai a ri ^� ccG � Amy 3 O U LO o v � U •� f0 N � G J f>0 z O z +- UJ h J O � O v U O Q (n M .a O O � N O M O E d (9 w D ------------------------------------------------ <1 , CD -j au 0 'a C) a) c rj 0 \ 0 u U- -j CD LO U") + 'a,- a) -0 — (U LU ON' C-5 LO ;5 CL LO n a 0 CD r, 0 rta CD CD CD 0 -6 5 C.5 C5 cn C) LO — LO LO CL C� > CD t U > u CNN ti) �u j �� Y N o LU 0 o um Ln m ui O -C �A 0 Ln a) u -C to C 2 C) E co Lu D i o as a� �° + vki) a a) 6 (U LU ON'CL LO -a 4 "� m o- 8 � a rA 5 � C5 CY 0 fu g Cst - w > ❑ ® c - ` L) N I • i tl.;r ra IIIIII621, LU a M 0 LU U o U un o m- U � N � H � � � Z Z w h J M O o ;.1- � O O v U V - N ~ Q c M � O — M CO wd D ',. 1 L UJ a`° C7 a 0 IYi LL'i tfi j �^ 11) ❑ ®0 q= �' 0 M �� w�rN trr�.i.yrlM... 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'r, yam•_ C F^^ > �'} �— > u ❑ ®0 �� XYYYI��M �YYtWYYrY1� �YY�YYYW51g1Y1111Y1WYl�� '�YYYn1MYYYYYft� �a �iuuuu 21, SIM ui M LU LD zCC) cc w W N r W .s ."F •c (� J z U- D Q O CL TS In ' U 0 0 0rr o El " U a a 0 (71 \\IZ4 0 0 � N � � � U I � H � � � Z Z w an J M C7 l� ^ 0 L OO rq � Q E M p O n N O M d u w D a .�� u G u 00 o, cc N W w , z o J3 z 0 z G - I[" W � 0 IIIIIIIIIIIIIII10111 II^ 0 } L- 0 2LAJ 0 Q N fo0 CiA USA d � Dui m N J a 0 cr � w �II y,•r o o � U a O � dA �, o U s . .I . 1 s o 4� a o w n ... ffg ��'l UP30773A/ATC_415966_COY_GLEN �� WI �"""' IONS Compliance Actions Access • Ensure all access points are locked. • Install (1) Guideline sign on the inside of the access point. • Install (1) Caution sign on the inside of the access point. • Install (1) Emergency sign on the inside of the access point. Alpha Sector • No Action Needed. Beta Sector • No Action Needed. Gamma Sector • No Action Needed. Notes: • N/A Centerline Communications,LLC 750 W Center St West Bridgewater MA 02379 i" a c 116 em UP30773A/ATC_415966_COY_GLEN li *� CENTEWI� V E APPENDIX B: RF Signage Description Table Centerline Communications, LLC 750 W Center St West Bridgewater MA 02379 Flag c 117 4; Ur30773A/ATC 415966 COY GLEN E C 0MII4UII^4 II CAl II0116S Sign Description RF Guideline Sign Gives guidelines on how to proceed in areas that may exceed either the FCC's General Population or Occupational emissions limits. IN CASE O EMERGENCY Emergency Sign ALL 911 sit.N., Used to inform individuals to call 911 in case of emergency. Ma.f , a Blue Notice Sign -) (�r0 A Used to inform individuals that they are entering an area that may exceed the FCC's General Population limits. Must be placed anywhere the public can get within 30 feet vertically or horizontally of an antenna. Yellow Caution Sign Used to inform individuals that they are entering an area that may exceed ,ACaUrNmara ` i,,r��a�je the either the FCC's General Population or Occupational Emissions limits. It must be placed so it is visible from all approachable sides. It must also be just outside of the area predicted to exceed the MPE limits so it can be read without standing within the affected area. Orange Warning Sign (Previously Red) NNW Used to inform individuals that they are entering an area that may exceed 5x the FCC's Occupational emissions limit. It must be placed so it is visible from all approachable sides. It must also be just outside of the area m predicted to exceed the MPE limits so it can be read without standing within the affected area. Centerline Communications,LLC 750 W Center St West Bridgewater MA 02379 i" a u c 118 em UP30773A/ATC_415966_COY_GLEN li *� CENTEWI� V E APPENDIX C: FCC Emissions Threshold Limits Centerline Communications, LLC 750 W Center St West Bridgewater MA 02379 Flag c 119 em UP30773A/ATC_415966_COY_GLEN li *� CENTEWI� V E Table 1:Limits for Maximum Permissible Exposure(MPE) (A)Limits for Occupational/Controlled Exposure Frequency Range Electric Field Strength Magnetic Field Strength Averaging Time[E]Z, (MHz) (E) (H) Power Density(S) [H]Z,or S (V/m) (A/m) (mW/cmZ) (minutes) 0.3-3.0 614 1.63 (100)* 6 3.0-30 1842/f 4.89/f (90o/f2)* 6 30-300 61.4 0.163 1.0 6 300-1,500 f/300 6 1,500-100,000 5 6 (B)Limits for General Public/Uncontrolled Exposure Frequency Range Electric Field Strength Magnetic Field Strength Averaging Time[E]Z, (MHz) (E) (H) Power Density(S) [H]Z,or S (V/m) (A/m) (mW/cmZ) (minutes) 0.3-1.34 614 1.63 (100) 30 1.34-30 824/f 2.19/f (180/f2)* 30 30-300 27.5 0.073 0.2 30 300-1,500 f/1,500 30 1,500-100,000 1.0 30 f=Frequency in(MHz) *Plane-wave equivalent power density Figure 9 FCC Limits for Maximum Permissible Exposure(MPE) Plane-wave Equivalent Power Density 1,000 a',c,,patroraatfL`antrotfed Expos ji e ____d3 rnecal PapuBafeonlelncc»rttroTlcd E.xposeere Tao Ta , w t F P.T 0.03 0.3 3 30 3U0 3000 30,0U0 300,000 1 I 134 F,SO'!Y 100.000 Frequency(MHz) Centerline Communications, LLC 750 W Center St West Bridgewater MA 02379 Flag c 120 em UP30773A/ATC-415966—COY—GLEN li *� CENTEWI� VIME %Zoo - C 0 M14 U 14 11 C Al 110 116 S APPENDIX D: Certifications Centerline Communications, LLC 750 W Center St West Bridgewater MA 02379 Flag c 121 em UP30773A/ATC_415966_COY_GLEN li *� CENTEWI� V E 1, Benjamin Black, preparer of this report certify that I am fully trained and aware of the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. I have been trained in the procedures and requirements outlined in T-Mobile's FCC Regulatory Compliance Manual. Benjamin Black 5/25/2022 1, Yasir Alqadhili, reviewer and approver of this report certify that I am fully trained and aware of the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. 1 have been trained in the procedures and requirements outlined in T-Mobile's FCC Regulatory Compliance Manual. Yasir Alqadhili 5/25/2022 Centerline Communications, LLC 750 W Center St West Bridgewater MA 02379 P a g c 122 Federal Communications Commission Wireless Telecommunications Bureau � s *co . ....\ RADIO STATION AUTHORIZATION LICENSEE: T-MOBILE+LICENSE LLC Call Sign File Number ATTN:FCC REGULATORY COMPLIANCE KNLF202 0007756971 T-MOBILE LICENSE LLC Radio Service 12920 SE 38TH ST CW-PCS Broadband BELLEVUE,WA 98006 FCC Registration Number(FRN): 0001565449 Grant Date Effective Date Expiration Date Print Date 12-10-2014 09-05-2017 12-14-2024 09-28-2017 Market Number Channel Block Sub-Market Designator MTA001 A 29 Market Name New York 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date 12-14-1999 12-14-2004 Waivers/Conditions: License renewal granted on a conditional basis, subject to the outcome of FCC proceeding WT Docket No. 10-112(see FCC 10-86,paras. 113 and 126). Conditions: Pursuant to §309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April 2009 �oMMc,y� Federal Communications Commission LU� °- z Wireless Telecommunications Bureau Cn s RADIO STATION AUTHORIZATION LICENSEE: TDI Acquisition Sub,LLC Call Sign File Number ATTN: GOVERNMENT AFFAIRS B208 TDI ACQUISITION SUB,LLC Radio Service 12502 SUNRISE VALLEY DRIVE,M/S:VARESA0209 BR-Broadband Radio Service RESTON,VA 20196 Regulatory Status Common Carrier FCC Registration Number(FRN): 0017806084' Grant Date Effective Date ° Expiration Date Print Date 03-02-2016 1 12-13-2019 03-28-2026 12-14-2019 Geographic Service Area: BTA 208 Ithaca,NY Channel Plan: Channel Number: Frequency: New BRS 1 002496.00000000-002502.00000000 MHz New BRS2 002618.00000000-002624.00000000 MHz New El 002624.00000000-002629.50000000 MHz New E2 002629.50000000-002635.00000000 MHz New E3 002635.00000000-002640.50000000 MHz New E4 002608.00000000-002614.00000000 MHz New F1 002640.50000000-002646.00000000 MHz New F2 002646.00.0.00000-002651.50000000 MHz New F3 002651.50000000-00265700000000 MHz New F4 002602.00000000-002608.00000000 MHz New H1 002657.00000000-002662.50000000 MHz New H2 O02662.50000000-002668.00000000 MHz New H3 002668.00000000-002673.50000000 MHz Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-ED/BR Page 1 of 2 April 2009 Waivers/Conditions: NONE FCC 601-ED/BR Page 2 of 2 April 2009 Federal Communications Commission Wireless Telecommunications Bureau °" RADIO STATION AUTHORIZATION LICENSEE: T-MOBILE'LICENSE LLC Call Sign File Number T-MOBILE LICENSE LLC WRNL334 12920 SE 38 STREET Radio Service BELLEVUE,WA 98006 PM-3.7 GHz Service FCC Registration Number(FRN): 0001565449 Grant Date Effective Date Expiration Date Print Date 07-23-2021 07-23-2021 07-23-2036 Market Number Channel Block Sub-Market Designator PEA041 C4 0 Market Name Syracuse,NY 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date 07-23-2029 07-23-2033 Waivers/Conditions: This interim license,in conjunction with one or more final licenses,collectively provides authorization during the full 15-year license term. Operation under this final license may begin on the earlier of,(1) 12/5/2025 or(2)the date that thecertification for accelerated relocation for this PEA is validated by the FCC pursuant to 47 CFR?27.1412(g).Assignment application(s)and transfers of control filed for this interim license must be done in conjunction with any linked final license. License is conditioned on compliance with all applicable FCC rules and regulations,including licensee making payments required by 47 C.F.R. §§27.1401-27.1424 as described in FCC 20-22. See FCC 20-22,paras. 178-331. Conditions: Pursuant to §309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 2 October 2017 Licensee Name: T-MOBILE LICENSE LLC Call Sign:WRNL334 File Number: Print Date: 700 MHz Relicensed Area Information: Market Market Name Buildout Deadline Buildout Notification Status FCC 601-MB October 2017 Page 2 of 2 �oMMc,y� Federal Communications Commission LU� °- z Wireless Telecommunications Bureau Cn s RADIO STATION AUTHORIZATION LICENSEE: Fixed Wireless Holdings,LLC Call Sign File Number ATTN: SPECTRUM LICENSING TEAM WMX628 0009454881' FIXED WIRELESS HOLDINGS,LLC Radio Service 12502 SUNRISE VALLEY DRIVE,M/S:VARESA0209 ED-Educational Broadband Service RESTON,VA 20196 Regulatory Status Non Common Carrier FCC Registration Number(FRN): 0010490498 FGrant Date Effective Date Expiration Date Print Date 06-17-2021 06-17-2021 05-01-2031 Geographic Service Area: P35 42-01-55.3 N 076-47-00.8 W Channel Plan: Channel Number: Frequency: New D1 002551.50000000-002557.00000000 MHz New D2 002557.00000000-002562.50000000 MHz New D3 002562.50000000-002568.00000000 MHz New D4 002590.00000000-002596.00000000 MHz Waivers/Conditions: Grant of the request to update licensee name is conditioned on it not reflecting an assignment or transfer of control(see Rule 1.948); if an assignment or transfer occurred without proper notification or FCC approval,the grant is void and the station is licensed under the prior name. Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-ED/BR Pagel oft April 2009 �oMMc,y� Federal Communications Commission LU� °- z Wireless Telecommunications Bureau Cn s RADIO STATION AUTHORIZATION LICENSEE: Fixed Wireless Holdings,LLC Call Sign File Number ATTN: SPECTRUM LICENSING TEAM WMX691 0009454899' FIXED WIRELESS HOLDINGS,LLC Radio Service 12502 SUNRISE VALLEY DRIVE,M/S:VARESA0209 ED-Educational Broadband Service RESTON,VA 20196 Regulatory Status Non Common Carrier FCC Registration Number(FRN): 0010490498 FGrant Date Effective Date Expiration Date Print Date 06-17-2021 06-17-2021 05-01-2031 Geographic Service Area: P35 42-01-55.3 N 076-47-00.8 W Channel Plan: Channel Number: Frequency: New B 1 002518.50000000-002524.00000000 MHz New B2 002524.00000000-002529.50000000 MHz New B3 002529.50000000-002535.00000000 MHz New B4 002578.00000000-002584.00000000 MHz Waivers/Conditions: Grant of the request to update licensee name is conditioned on it not reflecting an assignment or transfer of control(see Rule 1.948); if an assignment or transfer occurred without proper notification or FCC approval,the grant is void and the station is licensed under the prior name. Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-ED/BR Pagel oft April 2009 �oMMc,y� Federal Communications Commission LU� °- z Wireless Telecommunications Bureau Cn s RADIO STATION AUTHORIZATION LICENSEE: TDI Acquisition Sub,LLC Call Sign File Number ATTN: GOVERNMENT AFFAIRS WNC472 TDI ACQUISITION SUB,LLC Radio Service 12502 SUNRISE VALLEY DRIVE,M/S:VARESA0209 ED-Educational Broadband Service RESTON,VA 20196 Regulatory Status Non Common Carrier FCC Registration Number(FRN): 0017806084' Grant Date Effective Date Expiration Date Print Date 01-13-2015 1 10-13-2020 11-22-2024 02-02-2021 Geographic Service Area: P35 42-52-50.2 N 076-11-57.7 W Channel Plan: Channel Number: Frequency: New Al 002502.00000000-002507.50000000 MHz New A2 002507.50000000-002513.00000000 MHz New A3 002513.00000000-002518.50000000 MHz New A4 002572.00000000-002578.00000000 MHz Waivers/Conditions: Grant of the request to update licensee name is conditioned on it not reflecting an assignment or transfer of control(see Rule 1.948); if an assignment or transfer occurred without proper notification or FCC approval,the grant is void and the station is licensed under the prior name. Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-ED/BR Pagel oft April 2009 �oMMc,y� Federal Communications Commission LU� °- z Wireless Telecommunications Bureau Cn s RADIO STATION AUTHORIZATION LICENSEE: TDI Acquisition Sub,LLC Call Sign File Number ATTN: GOVERNMENT AFFAIRS WNC979 TDI ACQUISITION SUB,LLC Radio Service 12502 SUNRISE VALLEY DRIVE,M/S:VARESA0209 ED-Educational Broadband Service RESTON,VA 20196 Regulatory Status Non Common Carrier FCC Registration Number(FRN): 0017806084' Grant Date Effective Date Expiration Date Print Date 10-30-2017 1 08-05-2020 09-16-2027 10-02-2020 Geographic Service Area: P35 42-03-22.3 N 075-56-37.7 W Channel Plan: Channel Number: Frequency: New Al 002502.00000000-002507.50000000 MHz New A2 002507.50000000-002513.00000000 MHz New A3 002513.00000000-002518.50000000 MHz New A4 002572.00000000-002578.00000000 MHz Waivers/Conditions: NONE Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-ED/BR Pagel oft April 2009 Federal Communications Commission Wireless Telecommunications Bureau °" RADIO STATION AUTHORIZATION LICENSEE: NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC,INC. Call Sign File Number ATTN: GOVERNMENT,AFFAIRS WP0I280 0008440442 NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC,INC. Radio Service 12502 SUNRISE VALLEY DRIVE,M/S:VARESA0209 YC- SMR, 806-821/851-866 MHz, RESTON,VA 20196 Auctioned FCC Registration Number(FRN): 0002154086 Grant Date Effective Date Expiration Date Print Date 08-08-2018 11-16-2018 06-17-2028 11-17-2018 Market Number Channel Block Sub-Market Designator BEA006 B 3 Market Name Syracuse,NY-PA 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date 06-17-2001 06-17-2003 Waivers/Conditions: NONE Conditions: Pursuant to §309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 2 October 2017 Licensee Name: NEXTEL COMMUNICATIONS OF THE Call Sign:WP0I280 File Number: 0008440442 Print Date: 1I-17-2018 700 MHz Relicensed Area Information: Market Market Name Buildout Deadline Buildout Notification Status FCC 601-MB October 2017 Page 2 of 2 126 �GpMMUy�c Federal Communications Commission q z Wireless Telecommunications Bureau LL N # tt RADIO STATION AUTHORIZATION LICENSEE:T—MOBILE LICENSE LLC ATTN:FCC REGULATORY COMPLIANCE T—MOBILE LICENSE LLC 12920 SE 38TH STREET _ BELLEVUE,WA 98006 Call Sign File Number WQGA731 0006038969 Radio Service AW-AWS, 1710-1755/2110-2155 MHz bands FCC Registration Number(FRN): 0001565449 Grant Date Effective Date Expiration Date Print Date 11-29-2006 12-02-2013 11-29-2021 12-14-2013 Market Number Channel Block Sub-Market Designator REA001 D 0 Market Name Northeast 1st Build-Out Date 2nd Build-Out Date 3rd Build-Out Date 4th Build-Out Date Waivers/Conditions: This authorization is conditioned upon the licensee,prior to initiating operations from any base or fixed station,making reasonable efforts to coordinate frequency usage with known co—channel and adjacent channel incumbent federal users operating in the1710-1755 MHz band whose facilities could be affected by the proposed operations.See,e.g.,FCC and NTIA Coordination Procedures in the 1710-1755 MHz Band,Public Notice,FCC 06-50,WTB Docket No. 02-353,rel.April 20,2006. AWS operations must not cause harmful interference across the Canadian or Mexican Border. The authority granted herein is subject to future international agreements with Canada or Mexico,as applicable. Conditions: Pursuant to§309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record, go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 1 April2009 Federal Communications Commission Wireless Telecommunications Bureau °" RADIO STATION AUTHORIZATION LICENSEE: T-MOBILE'LICENSE LLC Call Sign File Number ATTN: FCC REGULATORY COMPLIANCE WQIZ389 0008577409 T-MOBILE LICENSE LLC Radio Service 12920 SE 38TH STREET WY-700 MHz Lower Band(Blocks A, BELLEVUE,WA 98006 B&E) FCC Registration Number(FRN): 0001565449 Grant Date Effective Date Expiration Date Print Date 05-30-2019 05-30-2019 06-13-2029 06-01-2019 Market Number Channel Block Sub-Market Designator BEA006 A 0 Market Name Syracuse,NY-PA 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date 06-13-2019 Waivers/Conditions: If the facilities authorized herein are used to provide broadcast operations,whether exclusively or in combination with other services,the licensee must seek renewal of the license either within eight years from the commencement of the broadcast service or within the term of the license had the broadcast service not been provided,whichever period is shorter in length. See 47 CFR§27.13(b). License renewal granted on a conditional basis,subject to the outcome of FCC proceeding WT Docket No. 10-112(see FCC 10-86,paras. 113 and 126). Conditions: Pursuant to §309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 2 October 2017 Licensee Name: T-MOBILE LICENSE LLC Call Sign:WQIZ389 File Number: 0008577409 Print Date: 06-01-2019 700 MHz Relicensed Area Information: Market Market Name Buildout Deadline Buildout Notification Status FCC 601-MB October 2017 Page 2 of 2 �oMMc,y� Federal Communications Commission LU� °- z Wireless Telecommunications Bureau Cn s RADIO STATION AUTHORIZATION LICENSEE: Sprint Spectrum License Holder:LLC Call Sign File Number ATTN: GOVERNMENT AFFAIRS WQYL714 SPRINT SPECTRUM LICENSE HOLDER LLC i Radio Service 12502 SUNRISE VALLEY DRIVE,M/S:VARESA0209 BR-Broadband Radio Service RESTON,VA 20196 Regulatory Status Common Carrier FCC Registration Number(FRN): 0025738147 Grant Date Effective Date Expiration Date Print Date 10-27-2016 1 10-27-2016 03-28-2026 11-02-2016 Geographic Service Area: BTA 208 Ithaca,NY Channel Plan: Channel Number: Frequency: New BRS 1 002496.00000000-002502.00000000 MHz New BRS2 002618.00000000-002624.00000000 MHz New El 002624.00000000-002629.50000000 MHz New E2 002629.50000000-002635.00000000 MHz New E3 002635.00000000-002640.50000000 MHz New E4 002608.00000000-002614.00000000 MHz New F1 002640.50000000-002646.00000000 MHz New F2 002646.00.0.00000-002651.50000000 MHz New F3 002651.50000000-00265700000000 MHz New F4 002602.00000000-002608.00000000 MHz New H1 002657.00000000-002662.50000000 MHz New H2 O02662.50000000-002668.00000000 MHz New H3 002668.00000000-002673.50000000 MHz Conditions: Pursuant to§309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-ED/BR Page 1 of 2 April 2009 Waivers/Conditions: NONE FCC 601-ED/BR Page 2 of 2 April 2009 Federal Communications Commission Wireless Telecommunications Bureau °" RADIO STATION AUTHORIZATION LICENSEE: T-MOBILE'LICENSE LLC Call Sign File Number T-MOBILE LICENSE LLC WRES857 12920 SE 38TH ST Radio Service BELLEVUE,WA 98006 UU-Upper Microwave Flexible Use Service FCC Registration Number(FRN): 0001565449 Grant Date Effective Date Expiration Date Print Date 12-11-2019 12-11-2019 12-11-2029 Market Number Channel Block Sub-Market Designator PEA041 C 0 Market Name Syracuse,NY 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date Waivers/Conditions: NONE Conditions: Pursuant to §309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. FCC 601-MB Page 1 of 2 October 2017 Licensee Name: T-MOBILE LICENSE LLC Call Sign:WRES857 File Number: Print Date: 700 MHz Relicensed Area Information: Market Market Name Buildout Deadline Buildout Notification Status FCC 601-MB October 2017 Page 2 of 2 Federal Communications Commission Wireless Telecommunications Bureau °" RADIO STATION AUTHORIZATION LICENSEE: T-MOBILE'LICENSE LLC Call Sign File Number T-MOBILE LICENSE LLC WR14N342 12920 SE 38 STREET Radio Service BELLEVUE,WA 98006 UU-Upper Microwave Flexible Use Service FCC Registration Number(FRN): 0001565449 Grant Date Effective Date Expiration Date Print Date 06-04-2020 06-04-2020 06-04-2030 Market Number Channel Block Sub-Market Designator PEA041 N 10 0 Market Name Syracuse,NY 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date Waivers/Conditions: NONE Conditions: Pursuant to §309(h)of the Communications Act of 1934,as amended,47 U.S.C. §309(h),this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by§706 of the Communications Act of 1934,as amended. See 47 U.S.C. §606. This license may not authorize operation throughout the entire geographic area or spectrum identified on the hardcopy version. To view the specific geographic area and spectrum authorized by this license,refer to the Spectrum and Market Area information under the Market Tab of the license record in the Universal Licensing System(ULS). To view the license record,go to the ULS homepage at http://wireless.fcc.gov/uls/index.htm?job=home and select"License Search". Follow the instructions on how to search for license information. 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Tioga8t14850 007.273.1747 .PLANNING DEPARTMENT MEMORANDUM TO: Planning Board Members FROM: Christine Ba|estra, P|anner{_'�3 DATE: May 3l, %O2% RE: Ho|ochuck Homes Subdivision — Extension of Final Subdivision Approval Please find materials related to the consideration of time extension for the 2012 Ho|ochuck Homes Final Subdivision Approval. On April l7, 2012,the Planning Board granted final subdivision approval for the project, xvhichinvO|veStheCOnStruCtiOnOflO6+/-tOvvnhOnoetypeunitSin8C|u5tered neighborhood development, with two entrances proposed from NYS Route 96 (Trumansburg Road). As part of the project, theNevvYorkStateOfficeofParks, Recreation, andHistoricPreservation purchased 68+/- acres of the eastern portion of the property adjacent to NYS Route 89 (Taughannock Boulevard). Pursuant to Town Code Chapter 234, Article V11, §234-39, the subdivision approval has expired for all the lots except for the lot transferred to New York State. The Town Code gives applicants 10yeana from the date of final subdivision approval to comply with the provisions of§234-39. The Code gives the Planning Board the authority to extend the approval, upon request by the applicant, after a public hearing, and after specific findings are made by the board per §%94-39.[ The Holochuck applicant has requested an extension of the Holochuck Homes Subdivision approval for a period ofl0years. The applicant has provided the following attachments in support of their request for the extension: A. A letter, dated April 28, 2022, vvritten by Mark Parker of Keystone Associates B. A letter with exhibits, dated June 4, 2021, xvritten by Maria Fernandez-Gaige, Esq. of Sch|ather, Stunobar, Parks, and Salk Attorneys atLaw The remaining attachments are staff-prepared and include: A. A copy of Town Code, Chapter 2S4, Article V||, §234-99 B. A copy of the April 17, 2012, Holochuck Final Subdivision resolution, annotated with updates asof June 7, %022 C. A collection ofenoai|s written from staff to the applicant, related to the project submission requirements, dated September 24, 202C\June l6, 2021, and March l8, 2022 Process The first step in this process is for the board to review the materials supplied by the applicant and compare them with the findings criteria in the law. The language in Town Code §2S4-99.F (l) and (2) states that: (1) The Planning Board shall grant the request for such extension if the Board finds: (a) The imposition of the time limits set forth in Subsections B, D and E would create significant hardship on the subdivider;and (b) There has not been a significant change in zoning, subdivision, engineering, environmental, or other relevant review requirements or standards since the initial approval or any subsequently granted extensions. (2) For the purposes of this section, a "significant hardship"includes, but is not limited to: (a)A significant economic loss that the subdivider would suffer if an extension were not granted;or (b) The subdivider's inability to timely proceed because of: [1]A generally adverse economic climate;or [2]The subdivider's own economic circumstances have changed detrimentally;or [3]An adverse event or events in the subdivider's personal affairs. In addition, per § 234-39.H, the applicant has the burden of establishing that the approval should not be terminated. Provided that the board feels that the applicant has satisfied (1) and (2) above, the second step in the process is for the board to re-establish their intent to be the lead agency in the environmental review associated with the extension request. Staff Comments Planning staff have reviewed the submitted application materials and offer the following comments for the Planning Board to consider: • Regarding §234-39.F (1)(b)- o Although the zoning has not changed since the 2012 approval,the town did adopt a new Comprehensive Plan in 2014 that identifies the Holochuck property as a "semi-rural neighborhood" and "campus" character district, whereas the previous Plan identified it as "residential." o Also, there has been subsequent development on West Hill since 2012 which would have not been included in the Holochuck EIS, along with road and intersection changes in the City of Ithaca (at the base of the hill, where NYS Routes 79, 89, and 96 meet). o There have also been changes to NYSDEC stormwater regulations, updates to state and local utility standards, changes to NYSDOT highway permitting standards, NYS Uniform Building and Fire Code updates, and other changes since the Holochuck Subdivision was approved. o Staff did communicate with the applicant several times (emails attached) that their application needed to address the significant change criteria for the Planning Board to make findings. However, the only additional item submitted beyond Attorney Fernandez- Gaige's June 4, 2021, letter was the April 28, 2022, letter from Mark Parker of Keystone Associates. • Regarding §234-39.F (2)- o Attorney Fernandez-Gaige's letter might be read to say that the property was continuously under contract from 2012 to 2019, but to Planning staff's knowledge, the property buyer mentioned in the letter (which was NRP Group from Buffalo, NY) only came into the 2 picture in 2017. The NRP Group was an affordable housing organization that planned to purchase the Holochuck property to develop the project in a similar manner as was approved. o The Planning Board granted final subdivision approval for the "Ithaca Townhomes Development" on August 15, 2017. According to their application materials, the NRP group hoped to commence construction in late Fall 2017 or Spring 2018. However, they did not receive the affordable housing tax credits they had hoped to receive to make the project viable and officially withdrew the project in 2019. o Procedurally, the Ithaca Townhomes Development project approval involved changes to the subdivision plat to accommodate changes in lot lines and layout, so one of the conditions of approval was filing the updated plat with the Tompkins County Clerk's Office. The NRP Group did not submit the revised plat for signing by the Planning Board chair and did not file the updated plat with the county, so, pursuant to NY Town Law Section 276(4)(f), there was no "final plat approval," for the NRP project. According to the Attorney for the Town, this left the Holochuck final plat approval in effect until its expiration in April 2022. • Attorney Fernandez-Gaige cites the wrong part of§234-39 on page 3 in her letter to the Planning Board. §234-39.13 does not apply in this case because a lot has been transferred. The applicable part of the law is §234-39.E: "In addition to the foregoing, a subdivision approval for a subdivision requiring construction of facilities shall likewise terminate as to any untransferred lots in the event that the facilities are not substantially completed within 10 years of the date of final subdivision approval." • Attorney Fernandez-Gaige's letter asserts that "many" of the conditions of final approval have long been completed. Of the 26 conditions of approval associated with the Holochuck Subdivision, only 6 have been completed, while another 14 remain to be completed before site work or the issuance of any building permits, and the other 6 open conditions either do not have a deadline or are required to be satisfied prior to a certificate of occupancy. Please contact me if you have questions by calling me at (607) 273-1747, ext. 121 or by emailing me at cbalestra@town.ithaca.ny.us . Att. Cc: Ray Schlather,Esq. Mark Holochuck,property owner Mark Parker,Keystone Associates 3 '.AW& April 2l2O2I KEYSTONE ]�� U K 0MJ �� Ms. Christine Ba|emtru. Planner ASSOCIATES �C7 Tovvnof Ithaca Planning Department ��7�K 0K . 0 �� U �!�� 215 North TioQuStreet ARCHITECTS | ENGINEERS | SURVEYORS Ithaca, New York 14850 Kenneth o,axorm,m.p.a. Managing w m�vm� RE: Development Review Application Paul L.Bedford,A/A Ho|nchuch Homes Subdivision x,mxm/ NYS Route 96 Ithaca, NevvYor|� Rodney L.cm�y.La Land Surveyor Dear Ms. 8u|umtru: u^mionw,vviummmW.n.A. mmwv As requested, Keystone Associates Architects, Engineers and Surveyors, LL[ (Keystone) is providing udue diligence letter outlining current and future approvals and identify required modifications and their impacts on the currant site plan and current recorded plat. CURRENT APPROVALS: Ho|ochuck Homes Subdivision went through u detailed Planning Board approval process. The Planning Board served as the lead agency in the coordinated Dtuua Environmental Quality Review (3EQR). The actions included an Environmental Impact Statement (EIS) process, which involved nsupp|ementu| E|S, u draft and final EIS, and concluding with the adoption of Findings Statement. These documents should be reviewed to assure that certain conditions are mot. Final subdivision approval for the Ho|ochuck Homes Subdivision was granted on April 12. 2012. The Planning Board examined and application submitted on behalf ofthe NRP Group for the Ithaca Tnvvnhomen Project and compared it with the Ho|uchuck Homes Subdivision, E|3 and Findings Statement, in conjunction with the requirements of 6 NYCRR Part 617.9 (a) (7) and determined that the Ithaca Townhomes project would not result in significant adverse environmental impacts. The Planning Board granted final subdivision approval for the Ithaca Townhomeu project nnAugust 15. 2017. The Town of Ithaca Subdivision approvals expire ten (10)years from the approval date if they are not constructed within that time frame. Since the NRP Group abandoned the project, then the original Hu|oc6uckHomoo Subdivision approval will expire on April 12, 2022. Unless there are significant changes that would impact the EIS and Findings Statement, no other Subdivision approval is required, REMAINING APPROVAUPERMITS REQUIRED: Items that are required prior to construction include, but not limited to.the following: � Main Office xx Exchange Street Binghamton,New York|3m/ |. Stormwmter Management and Pollution Prevention Plan (GVVppM: rxoo^:^or.7zx./mo pux��mn7zxz�o� Prior to construction the project will require coverage under the New York State Branch Office Department of Environmental Conservation SPDE3 General Permit for |«s South Main Street,Suite a stormwmter discharges from construction activity, identified as Permit No. GP-0- Cortland,wov,^ /3045 r»^n` m:oo7,7ss.xo|5 20-001. This will require review by the Town and signature on the MS4 Acceptance Form to he submitted with the Notice ofIntent (NO|) to DEC. E-mail:inm@}k:y^comn,cnm "^n,mymmm».o^m The current New York State Stormwater Management design manual 2020 update transition policy allows for projects started under an earlier version of the design manual can obtain coverage under the current 2020 version, However, the Holochuck Homes Subdivision was designed in accordance with SPDES General Permit GP-0-08-001,therefore the transition policy does not allow the project to proceed under the old permit.This project would have to meet the current permit requirements and design manual. The potential impact to the Site Plan will be the re-design of the current Post- Stormwater Management facilities or the addition of green infrastructure facilities to meet design requirements for Stormwater quality control, This may include modification to the finished design grades of the ponds to accommodate the new design features. 2, Sewer and Water Extension: Prior to applying for building permit plans for sewer and water will require approval from the Tompkins County Health Department.A DOH-348 application for approval of plans for public water supply improvements will have to be submitted to New York State Department of Health Bureau of Water Supply Protection. The current sanitary pump station will require final design to include current pump model, codes and Town standards. 3. Subdivision Plat: A subdivision plat has been filed in the Tompkins County Clerk's office. 4. Building Permits: Building plans including foundation plans will have to be submitted to the Town of Ithaca for review and approval. 5. Highway Work Permits: Prior to any work within State Highway Route 96 Right of Way (ROW), a right- of-way highway work permit will be required.Form PERM 33 highway work permit application for non-utility work will need to be submitted to New York State Department of Transportation for approval. We trust we have responded to your request. If you have any questions,please contact our office. Respectfully, Keystone Associates Arc "itects, Engineers and Surveyors, LLC It/ per. Mark W. Parker, P.E., CPESC Civil Engineering Department Manager Enclosures MWP:Ias PAProlects\2022\1 147\1147_I 1222\Corres pond ence\Proiect Review Letter.docx 1 147.1 1222 2 04/28/2022 SCHLATHER, STUMBAR, PARKS &SALK, LLP RAYmOND M.ScHiATHER ATTORNEYS AT 11,Aw DIANE V.BRUNS JAmEs A.SALK 2oo EAST BUFFALO STREET JEFFREY D.WALKER P.O.BOX 353 L.RICHARD STUMBAR,OF COUNSEL Associates ITHACA,NEW Yomc 14 851 NINA C,AAsEN,OF COUNSEL ELIzABETH M.ALDRIDGE TELEPHONE(607)273-2202 MARK A.SCHLECHTER,OF COUNSEL MARIA V.FERNANDvz-GAIGE FAcsimiLE(607)273-4436(NOT'FOR SERvicE oi,ftomss) DARj us X.LIND,OF COUNSEL AUBREY D.HETZNECKER www.ithacalaw.com MARTIN A.LUSTER,RETIRED MICHAEL LoPINTO(1915-1987) DAVID M"OTO PARKS(t969.2016) June 4, 2021 VIA US MAIL Town of Ithaca Planning Board C/o Christine Balestra, Planner Town of Ithaca Planning Department 215 North Tioga Street Ithaca, NY 14850 Re: Request Concerning Existing Subdivision Approval Dear Members of the Town Planning Board, Please be advised that this firm represents Holochuck Homes LLC (hereinafter, "Holochuck Homes"). , Holochuck Homes received Final Subdivision Approval (pursuant to Town Law Ch. 234) from the Town of Ithaca Planning Board on April 17, 2012, for subdivision of seven tax parcels (Tompkins County Tax Parcel Numbers: 24-3-3,2; 25-1-1.5; 25-2-41.2; 26-4-37; 26-4-38; and 26-4-39), situated between New York State Route 96 and NYS Route 89 (see Exhibit A - Final Subdivision Approval). The project was a Type 1 action pursuant to the State Environmental Quality Review Act 6 NYCRR Part 617 and Town of Ithaca Code Ch. 148. The approved subdivision allows construction of 106 +/- town home type units, in a clustered neighborhood development. Unfortunately, despite the best efforts of Holochuck Homes and its principals, the subdivision is not yet completed. After the project was approved, Holochuck Homes placed the subdivision on the market, and was under contract for sale until around 2019. While under contract, Holochuck Homes undertook costly and time- consuming environmental studies on the property. However, the buyer ultimately was forced to withdraw from the contract for financing-related reasons. Thereafter, there have been several prospective buyers, but any further progress has been stalled as a result of the COVID-19 pandemic. Specifically, the restrictions on national and international travel have prevented interested buyers from visiting the property, and the pandemic generally has continued to negatively impact the housing market for properties such as this. Further, one of the principals of Holochuck Homes became very ill after contracting the virus. Nevertheless, many of the conditions of final approval, including the sale of a lot required as a condition of the approval, long have been completed. Specifically, the following conditions are fully completed at this time: (a.) Submission of one large-size original or mylar copy and three large-size dark-line prints of the final approved subdivision plat (Sheet C200) for signing by the Planning Board Chair, said plat to be filed in the Tompkins County Clerk's Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, prior to the application for any building permits (see Exhibit B -- Final Plat filed in the Tompkins County Clerk's Office); (b.) Renumbering of the second Sheet C110, titled "lighting Layout Plan," with another number that does not conflict with the first sheet C110, titled "Phasing/Section Plan," and submission of the revised sheet to the Town Planning Department, prior to the application for any building permits (see Exhibit Q; (o.) As noted in the SEIS, submission of evidence that the New York State Department of Environmental Conservation has determined that the approved Revised Remedial Action Work Plan for cleanup of the Odd Fellows Refuse Site (Locus 1 and Locus 2), dated July 9, 2010, and any DEC-approved revisions to the Work Plan, have been completed prior to the issuance of any Certificate of Occupancy for any townhouses (see Exhibit D [Deed to NYS Parks Referencing Completion]); (s.) Conveyance of the +/- 65-acre eastern parcel to the New York State Office of Parks, Recreation, and Historic Preservation or other established non-profit corporation that engages in land trust activities, prior to issuance of a Certificate of Occupancy for the first dwelling unit. Any conveyance to a non-profit corporation must contain adequate legal mechanisms to assure that the corporation will preserve the parcel, permit public access to it (except to the extent such access is detrimental to the lands or any natural resources associated with them), and allow continuation of the Black Diamond Trail along the site's eastern frontage near the shore of Cayuga Lake via a permanent easement or other permanent measure (see Exhibit D); (u.) Entry into an easement containing a minimum 10' dedicated right-of-way from the cul-de-sac heading westerly along the boundary with the proposed State Park land, and then running north along the western boundary of the applicant's land to the boundary with the Cayuga Medical Center property, and also heading south to connect with the main access drive, and showing a pedestrian right-of-way within the extension of the property to Route 96 south of Lakeside (Cayuga Ridge) Nursing Home to provide a potential connection from the sidewalk system opposite building 20 to lakeside (Cayuga Ridge) property, prior to application for any building permit (see Exhibit E); and 2 (z.) Revision of Sheet C110, titled "Phasing/Section Plan" by moving Building 18 from Section 1 of Phase 1 to Section 2 of Phase 1 and moving Building 8 from Section 2 of Phase 1 to Section 1 of Phase 1 (see Exhibit F). Notably, apparently in furtherance of condition (1) (p)—submission of easements or other agreements satisfactory to the Attorney for the Town necessary to ensure ingress and egress for all the parcels in the subdivision, to guarantee future access over any roads owned by the Homeowners' Association, to guarantee access to public roads, prior to the issuance of any Certificate of Occupancy— Holochuck Homes entered into an easement agreement with the Town of Ithaca providing a further pedestrian right-of-way and public ingress and egress to the property (see Exhibit G). The remaining conditions are either contingent on the initiation of construction of the subdivision (conditions (c), (h)-(n), (q), (r), (t), and (y)), or the creation of a Homeowners Association therefor (conditions (d)-(g), (v), and (w)). Without a buyer for the subdivision, the completion of any of these conditions of approval would be futile. Nevertheless, the undersigned can represent that many of the requisite Homeowners Association and legal documents have been drafted and are readily available for use. Pursuant to Town Code 234-39 (A)-(B), subdivision final approval terminates "[i]f the proposed subdivision requires construction of any facilities such as roads, drainage courses, water or sewer lines, or other similar facilities, unless within 10 years of the date the Planning Board gave final subdivision approval (1) work has materially commenced on such facilities in accordance with the finally approved subdivision plat; or (2) one or more lots' have been transferred from the developer and the deeds for the same duly recorded in the Tompkins County Clerk's Office." As is clear from the final subdivision approval, the Holochuck Homes subdivision is one that requires the construction of facilities such as roads, drainage courses, etc. (see Exhibit A, $ (1)(k)-(1)(m)). Further, Holochuck Homes has transferred— consistent with the requirements of final subdivision approval—one 65 +/- acre lot to the New York State Office of Parks, Recreation, and Historic Preservation (see Exhibit A $ (1)(s)), and the deed for the same was duly recorded in the Tompkins Count Clerk's Office (see Exhibit D [Deed filed in Clerk's Office]). As a result of the foregoing, Holochuck Homes is requesting that the Board make a formal declaration that the final subdivision approval granted in the April 17, 2012 has not and will not expire, even after April 17, 2022. In the alternative, Holochuck Homes is requesting an extension of subdivision approval pursuant to Town Law § 234-39 F for a period of 10 years, beyond April A"lot" is defined under this section of the Town Law as"a parcel of land or volume of space" §234-20. 3 17, 2022.2 Under Town Law 234-39, at the request of the subdivider, an extension for subdivision approval must be granted in the event that the Planning Board finds that: (1) the imposition of the 10-year time limit would create a significant hardship—which includes, but is not limited to "[a] significant economic loss that the subdivider would suffer if an extension were not granted"--on the subdividers, or (2) the subdivider's inability to proceed timely because of "a general adverse economic climate" or "an adverse event of events in the subdivider's personal affairs." As noted above, the general adverse economic climate resulting from the COVID-19 pandemic, of which there is no clear end in sight, in addition to adverse events in the applicant's personal affairs has caused the subdivider significant hardship warranting an extension. Moreover, the applicant has invested upwards of $500,000.00 in environmental and traffic studies, among other expenses related to the application for subdivision approval, and would be required to expend at least as much to repeat the application. Notably, there has been no change in zoning since the initial approval. Thank you for your time and attention to this matter. Respectfully yours, Maria V. Fernandez-Gaige, Esq. cc: Holochuck Homes, LLC An example of when the Town granted a 10-year extension can be seen in the Tuesday August 17,2004 public meeting held with respect to TP 35-1-18 and TP 35-3-5.2 on Elmira Road(applicants Sally A, Cortright and NYS Office of Parks [Sue A. Poelvoorde as Agent]). 4 EXH I BIT A PB Resolution No. 2012-020: Final Subdivision Approval Holochuck Holnes Subdivision Between NYS Route 96 &NYS Route 89 Tax Parcel No.'s 24-3-3.2, 25-1-5.1, 25-2-41.2, 26-07, 26.4- 38, and 26-4-39 Town of Ithaca Planning Board April 17, 2012 Moved by Hollis Erb; seconded by John Beach WHEREAS: 1. This project involves consideration of Final Subdivision Approval for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24,3,3.2, 25,1,5.1, 25,2-41.2, 26-4,37, 26, 4-38, and 26-4,39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The project involves the construction of 106 +/,town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trurnansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Density Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped, The New York State Office of Parks, Recreation, and Historic Preservation will acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. The Planning Board will also consider a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for the two proposed freestanding community signs. Holochuck Homes LLC, Owner/Applicant; David M. Parks, Esq., Agent; and 2. The proposed project,which requires subdivision approval by the Town of Ithaca Planning Board, is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review; and 3. The Town of Ithaca Planning Board established itself as lead agency to coordinate the environmental review of the proposed Holochuck Homes Subdivision, and issued a positive determination of environmental significance at its meeting on December 18, 2007, in accordance with Article 8 of the Environmental Conservation Law (also known as the New York State Environmental Quality Review Act) for the above referenced action as proposed, and confirmed that a Draft Environmental Impact Statement(DEIS)would be prepared-, and 4. The Town of Ithaca Planning Board held a Public Scoping Meeting on March 18, 2008 to hear comments from the public and interested and involved agencies regarding the scope and content of the DEIS, and accepted the revised Filial Scoping Document(amended by the Planning Board at its meeting on March 18, 2008), as being adequate; and 5. The applicants prepared the DEIS, dated September 1, 2009, and submitted said DEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 6. The Town of Ithaca Planning Board reviewed the DEIS and amendments at its meetings on September 15, 2009 and October 6, 2009; and on November 3, 2009, accepted the DEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 7. The Town Planning Board scheduled a public hearing on Tuesday, December 15, 2009 at 7:15 pm. to obtain comments from the public on potential environmental impacts of the proposed Holochuck Homes Subdivision, and extended the public 1-tearing and accepted written comments from the public regarding the DEIS until January 5, 20 10; and & During the comment period, the Tompkins County Health Department informed the Town of Ithaca via letter dated November 17, 2009, that a former dump located on the Holochuck property was rioted in the County Health Department's 1995 database of abandoned landfills as the "Oddfellow's Refuse Site"; and 9. The DEIS identified two 20" Century trash dumps visible on the surface of the property that was the subject of the DEIS, including a trash dump identified as Locus 1; and 10, On December 11, 2009 Town Staff visited the Holochuck Property, located the dump site identified by the Tompkins County Health Department, and determined that it was not the same as the Locus I dumpsite indicated in the DEIS (although it may have been an extension of Locus I), and further that it appeared to be located on the parcel proposed to be transferred to the NYS Office of Parks, Recreation, and Historic Preservation; and 11. The NYS Office of Parl<s, Recreation, and Historic Preservation submitted a letter to the Town of Ithaca, dated January 4, 2010, stating that a subsequent site visit by Town of Ithaca Staff and Finger Lakes Regional Staff on December 28, 2009 determined that there were potentially two dumpsites of significant size located on the portion of land shown to be conveyed to the NYS Office of Parks, Recreation, and Historic Preservation and that further site assessment for hazardous materials, documentation of the full extent of the debris field, followed by a cleanup/closure as directed by the NYS Department of Environmental Conservation,would be necessary before the NYS Office of Parks, Recreation, and Historic Preservation would agree to advance an acquisition of the property; and 12, The Planning Board determined that the newly discovered information about the various dumps on the Holochuck property was important and relevant and that there was a potential for significant adverse environmental impacts because of the potential public safety issues posed by these dumps located close to the proposed dense housing development. The dumps appeared to contain sharp, rusted metal, glass objects, medical refuse, and other unknown and potentially hazardous items, Locus I was located within the proposed developed area and another dump was located in the woods only a few hundred feet away from the proposed developed area. Additionally, there was not much known information about whether these dumps may have contained or currently contained hazardous waste; and 13, The Planning Board, on January 5, 2010, found that the DEIS inadequately addressed the impacts of the two dumps identified in the DEIS, and further that the DEIS did not address the impacts of the dump(s) identified by the Tompkins County Health Department and observed by Town of Ithaca Staff, and therefore required the preparation of a Supplemental Environmental Impact Statement (SEIS) to the DEIS, to address the significant adverse impacts of the dumps; and Page 2 of 7 14, The applicants prepared an SEIS, dated July 27, 2010, concerning the two dumpsites referenced above, and the Planning Board, at its meeting of September 7, 2010, reviewed and accepted the SEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 15, The Planning Board held a public hearing at 7:05pm on October 5, 2010 to obtain comments from the public on potential environmental impacts of the dumpsites located on the site of the proposed Holochuck Homes Subdivision, as evaluated in the SEIS, and accepted written comments by the public until October 15, 2010; and 16. The applicants prepared a Final Environmental Impact Statement(FEIS), dated November 4, 2010, regarding the proposed Holochuck Homes Subdivision, and submitted said FEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 17. The Town of Ithaca Planning Board reviewed and revised said FEIS at its meetings on December 7, 2010, December 21, 2010,January 4, 2011, and February 1, 2011; accepted the FEIS on February I, 2011, filed a Notice of Completion of FEIS on February 9, 2011, and distributed the FEIS to involved and interested agencies and the public, as required by 6 NYCRR Parts 617.9 and 617.12; and 18. Due to errors that were discovered in the EIS regarding traffic models affecting two City intersections (N. Fulton/Cliff St. [Buffalo St.] and Taugkannock Blvd./Cliff St.), the Holochuck applicants and the Planning Board agreed, at the March 8, 2011 Planning Board meeting, to re- open the FEIS for the limited purpose of having the applicants provide corrected traffic analysis tables and related text; and 19. The applicants submitted corrected traffic analysis tables and text to the Planning Board for consideration of acceptance of the revised FEIS at the March 15, 2011 Planning Board meeting; and at its March 15, 2011 meeting, the Planning Board reviewed, revised and accepted the revised FEIS with corrected analysis for the two City intersections; and 20, The Planning Board, on March 1, March 8, March 22, March 29, and April 5, 2011, reviewed and discussed the Findings Statement for the Holochuck Homes Subdivision; and 21. The Planning Board, at their meeting on April 5, 2011, adopted the Findings Statement for the Holochuck Homes Subdivision and granted Preliminary Subdivision Approval for the project, with conditions; and 22, The Planning Board, at their meeting on April 17, 2012, has accepted as adequate a revised landscaping plan Sheet LI, titled "Landscape Design for development of Holochuck Homes LLC," prepared by Tim Miller Associates, Inc., most recently revised October, 2011; a set of plans entitled "Holochuck Homes Subdivision, NYS Route 96," including Sheet C010, titled "Existing Conditions Plan," Sheet CO20, titled "Slope Map,"Sheet C100, titled "Master Plan," Sheet C1 10 titled "Phasing/Section Plan," another Sheet C110 titled "Lighting Layout Plan," Sheets C200, C2 10, C220, and C230, titled"Subdivision Plat," Sheets C300, C3 10, and C320, titled "Erosion & Sediment Control Plan," Sheets C330 and C340, titled "Cluster Road Plan & Profile,"Sheet C350, titled "Main Access Drive Plan & Profile," Sheets C360 and C370, titled "Cluster Road Grading Plan," Sheet C3 80, titled "Main Access Drive Grading Plan," Sheets C400 and C4 10, titled "Erosion &Sedimentation Control Details," Sheet C420, titled "Pond Sections & Details," Sheets Page 3 of 7 C430 and C440, titled "Town of Ithaca Details," Sheet C450 titled "Site Details," Sheet C500, titled "Specifications," and Sheet C600 titled "Tree Preservation Plan," all prepared by Keystone Associates, LLC, dated August 14, 2009, and most recently revised 3/5/12 (except for Sheet C600, which is dated 1/17/12); elevation drawings labeled "Proposed Structure #2" and "Proposed Structure #18," date stamped April 17, 2012; and other application materials; NOW THEREFORE BE IT RESOLVED: I That the Town of Ithaca Planning Board hereby grants Final Subdivision Approval for the construction of the Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), as shown on a set of plans entitled "Holochuck Homes Subdivision, NYS Route 96," including Sheets C010-C600, prepared by Keystone Associates, LLC, dated August 14, 2009 and most recently revised 3/5/12 (except for Sheet C600,which is dated 1/17/12), and a revised landscaping plan Sheet 1-,1, titled "Landscape Design for development of Holochuck Homes LLC," prepared by Tim Miller Associates, Inc., most recently revised.October, 2011; subject to the following conditions: a. Submission of one large-size original or mylar copy and three large-size dark-line prints of the final approved subdivision plat(Sheet C200)for signing by the Planning Board Chair, said plat to be filed in the Tompkins County Clerk's Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, prior to the application for any building permits, b. Renumbering of the second Sheet C I 10, titled "Lighting Layout Plan,"with another number that does not conflict with the first Sheet C1 10, titled "Phasing/Section Plan," and submission of the revised sheet to the Town Planning Department, prior to the application for any building permits, c. Entry into a sanitary sewer easement satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to any site work, d. Inclusion into the Holochuck Homes Homeowners Association documents of a statement that specifies that any sidewalks located within land to be conveyed and accepted by the Town shall be maintained by the Holochuck Homes Homeowners Association, prior to the application for any building permits, e. Revision of the Holochuck Homeowners Association Offering Plan, Exhibit T, titled "Public Transportation Plan and Agreement," paragraph number 6 "Bus Passes," to specify the homeowners association will provide one annual bus pass per unit and the homeowners association will advertise that it will pay for commuter vanpool services as tong as the minimum requirements set by the vanpoot service provider are met, prior to the application for any building permits, f. As required by the Findings Statement, tO% of the units (I I units if 106 units are built)shalt be priced for their initial sates so they are affordable to households earning on an annual basis no more than 120% of the Tompkins County median income for their respective household sizes. Affordable shall mean no more than 30% of a household's'gross income is spent on mortgage principal and interest, utilities, real property taxes, homeowner's insurance and Homeowners' Association fees. For the initial sales of these units, Holochuck Homes, LLC and/or the Homeowners'Association shall verify that the households of the initial purchasers meet these Page 4 of 7 income and expenditure requirements at the time of purchase, utilizing(i) the then-most current data published by the U.S. Department of Housing and Urban development regarding annual Tompkins County Household median incomes, (ii)the then-most current information regarding real property taxes, and (iii) reasonable estimates by Hotochuck Homes, LLC and/or the Homeowners'Association regarding the costs for real property insurance and utilities. Prior to issuance of any building permits for any townhouses, the applicant and Town shall enter into an agreement, satisfactory to the Attorney for the Town, between Hotochuck Homes, LLC and the Town to assure these requirements are binding on and enforceable against Holochuck Homes, LLC and the Homeowners' Association, g. Revision of the Hotochuck Homeowners Association Offering Plan, Exhibit V, titled "Affordable Housing Plan and Agreement for Hotochuck Homes Subdivision," page 3 (unnumbered), paragraph number 8, "Penalties in Lieu of Specific Performance or Other Specified Remedies," to make the liquidated damages subject to the Town's option, have the liquidated damages apply if fewer than 10%of the units built in each phase and section are affordable (with a cap of 11 total affordable units), and increase the amount of the liquidated damages to$50,000 for each affordable unit not constructed, prior to application for any building permits for any townhouses, h. Receipt of any sign variances from the Zoning Board of Appeals for the proposed freestanding community signs, prior to the application for any sign permits, i. Submission of evidence of the necessary approvals of the Tompkins County Health Department on the final plat regarding the realty subdivision, prior to the application for any building permits for any townhouses, j. Entry into a stormwater ((Operation, Maintenance, and Reporting Agreement" between the Hotochuck Homes Homeowners' Association and the Town of Ithaca, which agreement shall be satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department and shall include easements and/or deed restrictions or other legally sufficient mechanisms to assure Town of Ithaca access to all lots containing stormwater facilities, prior to application for any building permits for any townhouses, k. Construction of the private stormwater facilities in a manner satisfactory to the Town of Ithaca Public Works Department, prior to application for any building permits for any townhouses, t. Completion of all roads, stormwater facilities, and required utilities, to the satisfaction of the Town of Ithaca Public Works Department, prior to the application for any building permits for any townhouses, m. Submission of proof of receipt of the necessary curb cut permit(s) from New York State for the accesses onto Route 96 (Trumansburg Road), prior to any site work, n. Submission of record of application for and proof of receipt of A necessary permits from county, state, and/or federal agencies, prior to the issuance of any Certificates of Occupancy for any townhouses, o, As noted in the SEIS, submission of evidence that the New York State Department of Environmental Conservation has determined that the approved Revised Remedial Action Work Plan for cleanup of the Odd Fellows Refuse Site(Locus I and Locus 2), dated July 9, 2010, and Page 5 of 7 any DEC approved revisions to the Work Plan, have been completed prior to the issuance of any Certificates of Occupancy for any townhouses, p. Submission of easements or other agreements satisfactory to the Attorney for the Town necessary to ensure ingress and egress for all of the parcels in the subdivision, to guarantee future access over any roads owned by the Homeowners'Association, to guarantee access to public roads and access to all private utilities, drainage and stormwater facilities, recreational amenities, common open space and other common or shared facilities, and to ensure that future owners and leaseholders of all parcels have full rights to use all of the above-mentioned facilities, prior to the issuance of any Certificates of Occupancy, q. Submission of record of approval for the water and sewer connections by the Tompkins County Health Department and by the Town of Ithaca Public Works Department, prior to construction of said facilities, r. Adherence to the Construction Operations procedures described in the EIS. Also, as required and explained in the Findings Statement, noise-related construction activities shalt be limited to lam to 7pm Monday through Friday. Work shall not be routinely scheduled for Saturdays, but will be permitted if required by extenuating circumstances,such as severe weather, subject to approval by the Director of Code Enforcement. Construction shall be prohibited between 7pm and lam, and all day on Sundays and federal holidays, except emergency repairs (such as to stormwater facilities)will be allowed on any day, s. Conveyance of the +/- 65-acre eastern parcel to the New York State Office of Parks, Recreation, and Historic Preservation or other established non-profit corporation that engages in land trust activities, prior to issuance of a Certificate of Occupancy for the first dwelling unit. Any conveyance to a non-profit corporation must contain adequate legal mechanisms to assure that the corporation will preserve the parcel, permit public access to it(except to the extent such access is detrimental to the lands or any natural resources associated with them), and allow continuation of the Black Diamond Trail along the site's eastern frontage near the shore of Cayuga Lake via a permanent easement or other permanent measure, t. All construction parking, staging, and storage must occur on site, u. Entry into an easement containing a minimum 10' dedicated right-of-way from the cut,desac heading westerly along the boundary with the proposed State Park land, and then running north along the western boundary of the applicant's land to the boundary with the Cayuga Medical Center property, and also heading south to connect with the main access drive, and showing a pedestrian rightoGway within the extension of the property to Route 96 south of Lakeside (Cayuga Ridge)Nursing Home to provide a potential connection from the sidewalk system opposite building 20 to the Lakeside(Cayuga Ridge) property, prior to application for any building permits, v. Revision of Exhibit H, Part 2 of the Homeowners Association Offering Plan, titled "Declaration of Restrictive Covenants of the View at West Hill Homeowners Association, Inc.," to specify that the plan to educate residents about the need to control pets in the Unique Natural Area and other natural areas, and to educate and co►nmunicate to residents the importance of using the public transit bus passes and vanpoot services, shall be carried out through semi-annual written or electronic communications to the residents, Page 6 of 7 w, Establishment of an escrow agreement funded in the amount of$t 0,000 to assure that the Homeowners' Association or applicant pays a fair share contribution for any signal, roundabout, or similar traffic device at or near the northern entrance required by NYS DOT,with said agreement subject to the approval of the Attorney for the Town, prior to the issuance of any building permits, x. Establishment of an escrow agreement funded in the amount of$tO,000 to be applied toward the expenses for a future park and ride lot on the Route 96 corridor or toward other transit, related improvements, with said agreement subject to the approval of the Attorney for the Town, prior to the issuance of any building permits, y. Prior to any work on site, applicant's contractor will hold a pre-construction meeting with the Department of Public Works to discuss project implementation, and z. Revise Sheet C110, titled "Phasing/Section Plan"by moving Building 18 from Section 1 of Phase I. to Section 2 of Phase 1 and moving Building 8 from Section 2 of Phase I to Section I of Phase I; AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, hereby recommends to the Zoning Board of Appeals the request for sign variances for two 15+/,square foot freestanding neighborhood signs, where neighborhood identification signs in residential districts shall not exceed 6 square feet in size, be approved,with the following conditions: a. The proposed signs shall meet the setback and placement requirements of tt-ie Sign Law, b. The proposed solar lighting shall meet the requirements of the Outdoor Lighting Law, and c. The proposed signs shall not exceed 15 square feet in area each, as defined in the Town of Ithaca Sign. Law. Vote:Ayes - Wilcox, Collins, Conneman, Beach, Bosak, Erb Page 7 of 7 EXHIBIT B Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: MAP Receipt Number: 13-40828 Party 1 Party 2 HOLOCHUCK HOMES SUBDIVISION Fees Map Filing Fee $10.00 Instrument #: 2013-13082 Total Fees Paid: $10.00 Property located In Town of Ithaca State of New York County of Tompkins Filed on September 26th, 2013 at 2:16:13 PM with a total page count of 2. Tompkins County Clerk AC 09/26/2013 D2:15:23 PM 2013-13082 09/2612013 02:16:13 PM yy 3 s n ' S < z 0 Ff O If t r� f , Is' � fi v S 0 XI,X,A,� s m o g skI� "aFF � � e �g2 ? m F. X t - y N IPxar 0) ' I t, -_ _ cli o £ _ 91 HOLOCHUCK HOMES SUBDIVISION ,,of EEr, o f Mn NYS ROUTE 96 TOWN OF rtNACA Tl1MPKM UNT 9 COY STATE OF KEYSTONE NEW YOflK _.. _... {,�� 9 r ]t.q I ( 'P EXISTING CONDITIONS AND { "lYa f„wyff ASSOCIATES POST EXCAVATION SOIL SAMPLING LOCATION PLAN r Kwk::.;.,m, and s...y,+,ui ptaen•` ,..uua,.u .ar ti.7...,..a.,, EXH I BIT C t I fS I1 b D a A L y om rAl e r y f3dy 4 I rr � I o 1 � �1 l` El Y � -- ---------_L- }------ 1-17.7 J „ I � , WARN NO e HOLOCHUCK HOMES SUBDIVISION ��`— E n NYS ROUTE 98 �;-,......'.°,:`�: n,n> r r°arswi i TOWN OF MCA TOMPKNE CW fY STATE OF WIN YO i KEYSTONE (n o OtoFMvnl zoos 5 m>z_sis ASSOCIATES p LIflHTINO LAYOUT PLAN ^"""°' •n•A ',`�w"y�r,�,,„" wd Svwyore,UC . EXHIBIT D ��=+�r .L IIIIII�I��IIIIIIIIIIIIIIIIIIIIII��IIIIIIIIIIIIIIIIIIIIIIIII�IIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk ROBERT CLUNE Tompkins County Clerk NYS OFFICE OF PARKS RECREATING AND 320 North Tioga Street HISTORIC PRESERVATION Ithaca, NY 14850 ENV (607) 274-5431 Document Type: DEED Receipt Number: 13-43224 Grantor(Party 1) Grantee (Party 2) HOLOCHUCK HOMES LLC PEOPLE OF THE STATE OF NEW YORK Fees Consideration: $238,000,00 Recording Fee $0.00 Instrument #: 2013-14222 Pages Fee $0.00 State Surcharge $0.00 Transfer Tax #: 000547 TP-584 Form Fee $0.00 RP-5217 Form Fee $0.00 Property located in Town of Ithaca State Transfer Tax $0.00 County Transfer Tax $0.00 Total Fees Paid: $0.00 State of New York County of Tompkins Recorded on October 22nd, 2013 at 1 1:40:33 AM with a total page count of 14. Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Do Not Detach 2013-14222 10/22/2013 11:40:33 AM Proceeding 6379 Office of Parks, Recreation and Historic Preservation Finger Lakes Region Black Diamond Trail Tompkins County Project No, 04-426 DEED This deed, made the day of 20 1'� between HOLOCHUCK HOMES, LLC, a limited liability company organized under the laws of the State of New York, having its principal office for business at 7 Brightside Avenue, East Northport,New York 11731, Grantor, and THE PEOPLE OF THE STATE OF NEW YORK, acting by and through their Commissioner of Parks, Recreation and Historic Preservation, who has offices at Albany, New York 12238, Grantees. WITNESSETH, that the Grantor, in consideration of TWO HUNDRED THIRTY- EIGHT THOUSAND and NO/100 DOLLARS ($238,000.00), lawful money of the United States paid by the Grantees,does hereby grant and release to the Grantees, their successors and assigns forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, more particularly bounded and described as follows; BEGINNING at a point marking the northwestern boundary of premises to be conveyed, said point being located as follows: COMMENCING at a point on the northeast highway boundary of N,Y.S, Route 96 (a/k/a Trumansburg Road) marked by a'/4" capped rebar, said point marking the northwest boundary of lands now or formerly of Paleontological Research Institution(Liber 464,Page 405), running thence N 62' 25' 03" E 796,65 feet to the true point or place of BEGINNING. 2013-14222 10/22/2013 11:40:33 AM RUNNING THENCE N 62' 25' 03" E, along lands now or formerly of Tompkins Community Hospital (Liber 581, Page 1149),passing through an iron pipe at 806.41 feet, for a total distance of 1455.28 feet to a point; RUNNING THENCE S 26' 33' 57" E, along lands now or formerly of the County of Tompkins (Liber 392, Page 268), 512.00 feet to a point; RUNNING THENCE N 77' 18' 03" E, continuing along lands now or formerly of the County of Tompkins (Liber 392, Page 268), 637.59 feet to a point marked by a concrete monument; RUNNING THENCE S 27 ' 32' 45" E, along lands now or formerly of the New York State Electric & Gas Corporation (Liber 458, Page 439), 50.00 feet to a point; RUNNING THENCE N 62' 27' 15" E, along lands now or formerly of the New York State Electric & Gas Corporation(Liber 458, Page 439), 66.00 feet to a point; RUNNING THENCE N 27' 32' 45" W, continuing along lands now or formerly of the New York State Electric & Gas Corporation(Liber 458, Page 439), 32,50 feet to a point, RUNNING THENCE N 77' 18' 03" E, along lands now or formerly of the County of' Tompkins (Liber 392, Page 268),49.94 feet to a point on the southwest highway line of N.Y.S. Route 89 (a/k/a Taughannock Boulevard); RUNNING THENCE S 25' 34' 48" E, along the southwest highway line of N.Y.S. Route 89 (a/k/a Taughannock Boulevard), 15.94 feet to a point; RUNNING THENCE S 24' 3629" E, continuing along the southwest highway line of N.Y.S. Route 89 (a/k/a Taughannock Boulevard), 529.02 feet to a point marked by a found concrete monument; RUNNING THENCE S 28' 42' 09" E, continuing along the southwest highway line of N.Y.S. Route 89 (a/k/a Taughannock Boulevard), 20.30 feet to a point; RUNNING THENCE S 54' 2 V 15" W, along lands now or formerly of Thomas Dwyer (Instrument#501174-001), 0.95 feet to a point; RUNNING THENCE N 38' 5 1'45" W, along lands now or formerly of New York State Electric& Gas Corporation(Liber 458, Page 439), 102.31 feet to a point; RUNNING THENCE N 27' 32'45" W, continuing along lands now or formerly of New York State Electric & Gas Corporation(Liber 458, Page 439), 384.67 feet to a point; -2- 2013-14222 10/22/2013 11:40:33 AM RUNNING THENCE S 62' 27' 15" W, continuing along lands now or formerly of New York State Electric & Gas Corporation (Liber 458, Page 439), 66.00 feet to a point; RUNNING THENCE S 27* 32' 45" E,continuing along lands now or formerly of New York State Electric & Gas Corporation(Liber 458, Page 439), 455,57 feet to a point; RUNNING THENCE southeasterly, continuing along lands now or formerly of New York State Electric & Gas Corporation (Liber 458, Page 439), along a curve to the left with a radius of 5762.58 feet, 291.67 feet to a point, said curve containing a chord course of S 28' 59' 45" E and a chord length of 291.64 feet; RUNNING THENCE S 301 26'45" E, continuing along lands now or formerly of New York Slate Electric & Gas Corporation (Liber 458, Page 439), 529,50 feet to a point; RUNNING THENCE southeasterly, continuing along lands now or formerly of New York State Electric &Gas Corporation (Liber 458, Page 439), along a curve to the right with a radius of 3786.72 feet, 268.77 feet to a point, said curve containing a chord course of S 28* 24' 45" E and a chord length of 268.71 feet; RUNNING THENCE S 26' 22' 45" E, continuing along lands now or formerly of New York State Electric &Gas Corporation (Liber 458, Page 439), 259,40 feet to a point; RUNNING THENCE southeasterly,continuing along lands now or formerly of New York State Electric & Gas Corporation (Liber 458, Page 439), along a curve to the left with a Radius of 4125.56 feet, 249,00 feet to a point, said curve containing a chord course of S 28' 06' 29" E and a chord length of 248.94 feet, said point being N 5 8' 5 1' 39" E 6.55 feet from a 1/2" rebar; RUNNING THENCE S 58' 51' 39" W, along lands now or formerly of Betty Jane Berggren (Inst.#504331-001), 944.62 feet to a point; RUNNING THENCE N 32' 48' 27" W, along lands retained by the Grantor herein and to be owned and maintained by the View at West Hill Homeowners Association, Inc., 377.26 feet to a point; RUNNING THENCE N 34' 53 04" W, continuing along lands retained by the Grantor herein and to be owned and maintained by the View at West Hill Homeowners Association, Inc., 759.57 feet to a point; RUNNING THENCE N 311 53' 04" W, continuing along lands retained by the Grantor herein and to be owned and maintained by the View at West Hill Homeowners Association, Inc., 190.05 feet to a point; -3- 2013-14222 10/22/2013 11:40:33 AM RUNNING THENCE N 37' 53' 04" W, continuing along lands retained by the Grantor herein and to be owned and maintained by the View at West Hill Homeowners Association, Inc., 190.05 feet to a point; RUNNING THENCE N 34' 53' 04" W, continuing along lands retained by the Grantor herein and to be owned and maintained by the View at West Hill Homeowners Association, Inc., 1]39.23 feet to a point; RUNNING THENCE S 61' 42' 48" W, continuing along lands retained by the Grantor herein and to be owned and maintained by the View at West Hill Homeowners Association, Inc,, 767.26 feet to a point; RUNNING THENCE N 40' 33'45" W, through lands of the Grantor, 278,15 feet to the point or place of BEGINNING, containing 69.12± acres of land, more or less; REFERENCE is hereby made to a survey plat map entitled "HOLOCHUCK HOMES SUBDIVISION NYS ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C200" dated December 1, 2011, made by Keystone Associates, said map being incorporated herein by reference and recorded in the Tompkins County Clerk's Office on September 20, 2012 as Instrument Number 597509-00 1. BEING a portion of premises conveyed to the Grantor by deed from Cayuga Cliffs Development Company dated April 6, 2005, and recorded in the Tompkins County Clerk's Office on April 12, 2005, at Instrument No. 471233-002, AND corrected by correction deed from Cayuga Cliffs Development Company dated January 29, 2008, and recorded in the Tompkins County Clerk's Office on February 1, 2008, at Instrument No. 521154-002. SUBJECT to the following easements held by the New York State Electric & Gas Corporation: 1) Easement granted by The Grand Lodge I.O.O.F. Home to New York State Electric & Gas Corporation by instrument dated July 18, 1955, and recorded in the Tompkins County Clerk's Office on October 7, 1955, in Liber 382 of Deeds at Page 308. 2) Easement granted by The Grand Lodge of the Independent Order of Odd Fellows of the State of New York to New York State Electric & Gas Corporation dated March 22, 1967, and recorded in the Tompkins County Clerk's Office on April 19, 1967 in Liber 468 of Deeds at Page 167. 3) Utility easement granted by The Grand Lodge I.O.O.F. to the New York Telephone Company dated February 10, 1971, and recorded in the Tompkins County Clerk's Office on March 29, 1971, in Liber 491 of Deeds at Page 874. -4- 2013-14222 10/22t2013 11:40:33 AM 4) Utility easement reserved by New York State Electric & Gas Corporation in a deed to Cayuga Cliffs, Inc., dated November 6, 1989, and recorded in the Tompkins County Clerk's Office on March 30, 1990, in Liber 653 of Deeds at Page 513, 5) Easement granted by the County of Tompkins to New York State Electric& Gas Corporation by instrument dated March 17, 1967, and recorded in the Tompkins County Clerk's Office on April 19, 1967, in Liber 468 of Deeds at Page 163, 6) Fifty foot(50')wide Tree Clearing Permit granted to New York State Electric & Gas Corporation by instrument dated January 5, 1967, and recorded in the Tompkins County Clerk's Office on April 19, 1967, in Liber 468 of Deeds at Page 161. SUBJECT to a sewer line easement granted by Cornell University to the Town of Ithaca dated June 29, 1987, and recorded in the Tompkins County Clerk's Office on July 1, 1987, in Liber 627 of Deeds at Page 906. SUBJECT to a twenty foot(20') wide easement to be granted by the Grantee to the Town of Ithaca at a future date for sewer line use, running along and abutting the east side of the sewer line easement previously granted to the Town (in Liber 627 of Deeds at Page 906) which runs north and south over the above described premises. SUBJECT to a twenty foot (20)wide easement to be granted by the Grantee to the Town of Ithaca for the benefit of the Paleontological Research Institution for purposes of a sanitary sewer, running from the pre-existing Town sewer line easement (in Liber 627 of Deeds at Page 906), and from the new sanitary sewer line easement to be granted by the Grantee to the Town of Ithaca mentioned above, or any future replacements or relocations of such Town sanitary sewer, along the same course of land for ten feet (10') on either side of the present sewer line, connecting the public sewer line to the said Paleontological Research Institute's parcel (located in Liber 464 of Deeds at Page 405). SUBJECT to the rights of others, if any, in and to any portions of NYS Route 89 a/k/a Taughannock Boulevard which cross the premises. TOGETHER with a sixty foot(60')wide casement constituting an access road over adjoining NYSEG property, as granted by New York State Electric & Gas Corporation to Cornell University by instrument dated August 22, 1986,and recorded in the Tompkins County Clerk's Office on May 8, 1989, in Liber 645 of Deeds at Page 748. TOGETHER with all rights and SUBJECT to all restrictions and covenants that apply to the property as recited in a deed granted by The Grand Lodge of the Independent Order of Oddfellows of the State of New York to the Paleontological Research Institution dated June 2, -5- 2013-14222 10/22/2013 11:40:33 AM 1966, and recorded in the Tompkins County Clerk's Office on August 5, 1966, in Liber 464 of Deeds at Page 405. TOGETHER with all right, title and interest, if any, of the Grantor in and to any strips and gores between the above described parcel and adjoining owners. TOGETHER with all right, title and interest of the Grantor in and to all streets, lanes, roads and rights of way traversing or adjoining the premises herein above described, and the ponds, marshes, rivers, lakes, creeks, waters, and lands under water located in, upon or adjoining the above described premises, and all littoral, riparian and shore rights in any wise pertaining or belonging thereto, REQUIRED NOTICE UNDER 6 NYCRR s.360-2.15(k): A portion of this property, as identified on a map dated April 8, 2013, entitled "Holochuck Homes Subdivision, NYS Route 96, Existing Conditions and Post Excavation Soil Sampling Location Plan" made by Keystone Associates Architects, Engineers and Surveyors, LLC, filed in the Tompkins County Clerk's Office on September 26, 2013, as Map No. 2013-13082, was previously known as the "Odd Fellows Refuse Site". It is believed that the 1/4 acre site was used as a dump site by the Odd Fellows Nursing Home which existed from approximately 1920 to 1957. The dump site consisted of wastes that included tires, construction debris, scrap metal, glass bottles, empty rusted cans, and fly ash. The dump site was the subject of a reclamation project conducted in accordance with 6 NYCRR s, 360-2.18, whereby the waste was removed and disposed of at a permitted landfill facility. The results of the project can be found in a final report on file at the Department of Environmental Conservation,entitled "Remedial Action Summary Report - Holochuck Homes Subdivision 'Odd Fellows Refuse Site,' rown of Ithaca, County of Tompkins, State of New York," Project No. 1147.25105.2,dated May 10, 2013, The area was reclaimed in accordance with an approved work plan, but some of the impacted soils remained at concentrations slightly above unrestricted soil clean up objectives, as documented in the above- referenced report. The use of the former dump site is restricted to uses that will not disturb the reclaimed area as identified in 6 NYCRR s.360-2.15(k)(9); the Grantees' proposed use of the property as "Open Space" is consistent with these restrictions, TOGETHER with the appurtenances and all the estate, rights and interest of the Grantor in and to the premises. The property described above does not constitute all or substantially all of the assets of the Grantor. TO HAVE AND TO HOLD the above granted premises unto the Grantees, their successors and assigns forever. -6- 2013-14222 10/22/2013 11:40:33 AM And the Grantor covenants with the Grantees as follows: FIRST: That the Grantor is seized of said premises in fee simple, and has good right to convey the same; SECOND: That the Grantees shall quietly enjoy said premises; THIRD: That said premises are free from encumbrances; FOURTH: That the Grantor will execute or procure any further necessary assurance of the title to said premises; FIFTH: That the Grantor will forever WARRANT the title to said premises; and SIXTH: That this conveyance is made subject to the trust fund provisions of Section Thirteen of the Lien Law. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed by its duly authorized officer the day and year first above written, HOLOCHU;OES, LLC By: Matt ew Holochuck Managing Member STATE OF NEW YORK ) ll ll 11 )COUNTY OF�XJ C ) ss.: On the O day of in th ear 20�11 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) d that by his/her/their signature(s) on the instrument, the individual(s), or the person on b a of i h t 'individual(s) acted, executed the instrument, ary u tc, State of New York JENMFER DEUTCSH NOTARY PUBLIC,State of New York No.01 DE6196171 Qualified In Suffolk County II Commission Expires November 3,20 ko EXHIBIT E �Q Aurora R. Valenti Instrument Number � '�� TOMPKINS COUNTY CLERK *598641-001* 320 North Tioga Street , r Ithaca, NY 14850 x " • " " (607) 274-5431 Fax (607) 274-5445 No of Pages 8 Delivered By (including this cover page) SCHLATHER, STUMBAR, PARKS&SALK Receipt No 598641 Return To SCH LATHER, STUMBAR, PARKS&SALK Date 10/16/2012 200 E BUFFALO ST PO BOX 353 Time 11 40 AM ITHACA, NY 14851 Document Type EASEMENT/LEASE Parties To Transaction HOLOCHUCK HOMES - TOWN OF ITHACA Town/City Deed Information Mortgage Information Taxable Consideration $0 00 Taxable Mortgage Amount State Transfer Tax $0 00 r Basic Mortgage Tax County Transfer Tax $0 00 Special Mortgage Tax l RETT No 0Q439 Additional Mortgage Tax Local Mortgage Tax State of New York Tompkins County Clerk Mortgage Serial No This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York Tompkins County Clerk Please do not remove this page. 5 9 8 6 4 1 - 0 0 1 Easement for Three Pedestrian 10 foot Rights of Way THIS INDENTURE is made this -3� day of 2012 by and between HOLOCHUCK HOMES, LLC a New York limited liability company, 7 Brightside Avenue, East Northport, New York 11731 ("Grantor"), and the 'TOWN OF ITHACA, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town") Grantor is the owner of certain parcels of land totaling approximately 110 acres, located in the Town of Ithaca, Tompkins County, New York, identified as tax parcel numbers 24 -3-3 2, 25 -1-5 1, 25 -2-41 2, 26 -4-37, 26 -4-38, and 26 -4-39, commonly known as the Holochuck Homes Subdivision or The View at West Hill, and shown on a Subdivision Plat entitled "The View at West Hill", made by Keystone Associates, dated December 1, 2011, and filed in the Tompkins County Clerk's office on Se, Yob-e Z G , 2012, as Instrument Number 679 1509 - 00 ( , The Subdivision Pl t shows three easement areas delineating a ten (10) foot wide right of way entitled "Future 10' Right of Way" on the northern portion of the Subdivision Plat (the"Northern Pedestrian Right of Way") and two ten (10) foot wide rights of way entitled "Future 10' Right of Way" on the southern portion of the Subdivision Plat, one being located on the southerly side of the "Cluster Road," and the other being along the southeasterly side and property line of the Lakeside Nursing biome, Inc (R O ) parcel (herein, individually and together, the "Southern Pedestrian Right of Way") NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows 1 ACCESS EASEMENT Grantor hereby grants and conveys to the Town, for the benefit of the Town, its guests and invitees, and the general public, a perpetual, non-exclusive easement and right of way for pedestrian ingress and egress and passageway upon, over and across the Northern Pedestrian Right of Way and the Southern Pedestrian Right of Way 2, SUCCESSORS AND ASSIGNS This Agreement shall run with the land and shall be binding on and inure to the benefit of the heirs, successors and assigns of the parties hereto 3 AMENDMENTS The provisions of this Agreement may not be modified, rescinded or amended except by written consent, duly executed and acknowledged by the parties hereto or their successors and assigns 4 INVALIDITY OF CERTAIN PROVISIONS The invalidity of any portion of this Agreement or any of the provisions hereof by judicial decision or otherwise shall not affect the remaining provisions hereof which shall remain in full force and effect This Agreement may be executed in counterparts 5. NEGATIVE COVENANTS OF GRANTOR The Grantor covenants and agrees as follows A-1 1816544 9 sit 012011 a The Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures shall be constructed or placed within the aforesaid area of the easement and right-of-way without the advance written consent of the Grantee, except that normal and customary trail and walkway improvements shall be constructed in accord with the requirements of the Grantee, b The Grantor, for itself and all of its successors and assigns, covenants and agrees that no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way except in accord with project approvals duly issued by the Grantee, e The Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not permit or conduct any mining, excavation, construction, or blasting within said area of the easement and right-of-way, except as necessary to construct the trail and walkway improvements referred to above, d The Grantor, for itself and all of its successors and assigns, covenants and agrees that it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interfere with the ingress and egress rights of the public or the Grantee, its successors, assigns, employees and agents, nor with the travelling and use rights of the general public in and to such pathway or walkway. BEING the purpose of this easement and right-of way to convey rights to the Town of Ithaca for the purposes of said public trail or pathway, including rights of free ingress and egress in, over, and through the above-described premises, each and all of which rights, and this easement, are now and hereafter assignable by the Town to any successor or assign, or to any improvement or special benefit district now existing or hereafter formed or created IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals on the day(s)and year written below HOLOCHUCK HOMES, LLC TOWN OF ITHACA By Holochuck Homes, LLC Matthew J'7 ok, Member � F avid M Parks, his agen'U Ze. Title 2 1816544 9 6/10/2011 STATE OF NEW, R , COUNTY OFF Vl( (��`� ) ss On the I day of Uck in the year 2012 before me, the undersigned, personally appeared DAVID M PARKS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the indivrdual(s), or the person upon behalf of which the individual(s) acted, executed the instrument � Vk C1 Notary Public Deanna M, Hill Notary PubliclSWO of N" ty,, STATE OF NEW YORK ) Qualified to Tto9 01 COUNTY OF TOMPKINS ) ss R4g15 a 01 jssion Expires 3113 20 3 ,�,�{� My Comm On the &�+ " day of Serj4 o901 2. in the year 2012 before me, the undersigned, personally appearedpersonally known to me or proved to me on the basis of satisfactory evidence to be�dividual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacrty(ies), and that by his/her/their signature(s) on the instrument, the indivxdual(s), or the person upon behalf of which the individual(s) acted, executed the instrument Notary Public DEt3pR,gH ' Notary Pubh I.1~y6, State of New York Qualified-in 1Schuyle�County Commission SxP"es May 17, 20 3 1816544 9 6/10/2011 Schedule A The Northern Pedestrian Right of Way A ten (10)foot wide right of way commencing at point on the north street line o f the Main Access Drive as identified and shown on the Subdivision Plat Map entitled "Holochuck Homes Subdivision NYS Route 96 Town of Ithaca Tompkins County State of New York" Sheet No C220, as approved by the Town of Ithaca Planning board by resolution dated April 17, 2012 (hereinafter referred to as the "Subdivision Plat Sheet No 220"),said point being N 74° 14' 59" E 4 49 feet easterly along the street line of the Main Access Drive,said point also marking the south-western corner of lands now or formerly reputedly of Future PRI, LLC(512683-004), Running thence N 16°56' 10"W, along lands now or formerly reputedly of Future PRI, LLC(512683-004), 24165 feet to a point marked by a found 1/" capped rebar, Running thence N 520 54" 00" W, continuing along lands now or formerly reputedly of Future PRI, LLC (512683-004), 87 92 feet to a point marked by a found Y4" capped rebar, Continuing thence N 52°54" 00" W,continuing along lands now or formerly reputedly of Future PRI, LLC (512683-003), 317 26 feet to a point marked by a found 3/"capped rebar Running thence N 40°33' 45" W, along lands now or formerly reputedly of the Paleontological Research Institute (464/405), 380 81 feet to a point marked by a found 5/8" Iron Pipe marking the northwestern boundary of lands of the Subdivision Plat Sheet No 220 and the southern property boundary of lands now or formerly reputedly of the Tompkins Community Hospital, Inc (581/1149)and the northeast boundary of land now or formerly reputedly of the Paleontological Research Institute (464/405), Running thence easterly 10 feet to a point marking the north-eastern boundary of the Northern Pedestrian Right of Way, Running thence S 40'33'45" E, 278 15 feet to a point, said point marking the south-eastern boundary of lands identified as "Hatched Parcel to be Conveyed to New York State Office of Parks, Recreation,and Historic Preservation" (hereinafter"State Parks Land") on the Subdivision Plat Sheet No 220, Running thence N 61°42' 48" E, along State Parks Land, 767 26 feet to a point, Running thence S 31'22' 04"W, along land identified as "Home Owners Association Parcel 3" and along the western boundary of Building 14 Lot A, to a point marking the northern street line of the cul-de-sac at the northern end of the Cluster Road all as shown on the Subdivision Plat Sheet No 220, Running thence easterly along the street line of the cul-de-sac at the northern end of the Cluster Road 10 feet to a point, Running thence N 31'22'04" W, through land identified as"Home Owners Association Parcel 3"to a point 10 feet south of State Park Land, Running thence N 61'42' 48" E, 747 26 feet to a point 10 feet east of lands now or formerly reputedly of the Paleontological Research Institute(464/405), Running thence S 40' 33'45" E,92 66 feet to a point, Running thence S 52°54'00" E,405 18 feet to a point, Running thence S 16' 56' 10" E, 24165 feet to a point on the north street line of the Main Access Drive as identified and shown on the Subdivision Plat Sheet No 220, Running thence easterly along the north street line of the Main Access Drive 10 feet to a point, being the point or place of beginning Reference is hereby made to a survey plat map entitled "HOLOCHUCK HOMES SUBDIVISION NYS ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C220"dated December 1, 2011, made by Keystone Associates,said map being incorporated herein by reference and recorded in the Tompkins County Clerk's Office on September 20, 2012 as Instrument Number 597509-001 The Southern Pedestrian Right of Way Commencing at a point on the south street line of the Cluster Road, as identified and shown on the Subdivision Plat Map entitled "Holochuck Homes Subdivision NYS Route 96 Town of Ithaca Tompkins County State of New York"Sheet No C210, as approved by the Town of Ithaca Planning board by resolution dated April 17, 2012 (hereinafter referred to as the "Subdivision Plat Sheet No 210"), said point being 5 feet±easterly along the street line of the Cluster Road from the property line of Building 3, Lot A and Building 2, Lot F, Running thence S 41°24' 55" E, 5 feet±from and along the property line of Building 3, Lot A and Building 2, Lot F as identified and shown on the Subdivision Plat Sheet No 220, 134 10 feet to a point on the southern property boundary of Building 3, Lot A; Running thence S 44' 30'00" E, along the rear property boundaries of Building 3,lots A, B,C&D as identified and shown on the Subdivision Plat Sheet No 220, 108 78 feet to a point, Running thence S 50'42'05" E, 28163 feet to a found rebar with cap,said point marking the southeast corner of lands identified and shown as Home Owners Association Parcel 1 on the Subdivision Plat Sheet No 220,the southeast corner of lands now or formerly reputedly of Kathleen A. Friedrich (776/119)and the northern boundary of lands now or formerly reputedly of Triquad (510/793), Running thence N 59°23' 16" E, approximately 1118 feet to a point; Running thence N 50'42' 05" W, approximately 276 63 feet to a point, Running thence N 44'30'00" E, 108 78 feet to a point, Running thence N 41°24'55" W, along a course 5±feet easterly from and along the property line of Building 3, Lot A and Building 2, Lot F 134 10 feet to a point on the street line of the Cluster Road as identified and shown on the Subdivision Plat Sheet No 220, Running thence westerly along the street line of the Cluster Road to a point on the south street line of the Cluster Road as identified and shown on the Subdivision Plat Sheet No 220, being the point or place of beginning Reference is hereby made to a survey plat maps entitled "HOLOCHUCK HOMES SUBDIVISION NYS ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C210" and "HOLOCHUCK HOMES SUBDIVISION NYS ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C220"both dated December 1, 2011, made by Keystone Associates, said maps being incorporated herein by reference and recorded in the Tompkins County Clerk's Office on September 20, 2012 as Instrument Number 597509-001 The Nursing Home Right of WaY Commencing at a point on the division line between the property now or formerly of Lakeside Nursing Home, Inc per L 733 P 276(TM#26-4-46 1) on the southwest and the property now or formerly of the Homeowners Association (Parcel 2) on the northeast, as identified and shown on the Subdivision Plat Map entitled "Holochuck Homes Subdivision NYS Route 96 Town of Ithaca Tompkins County State of New York" Sheet No C210, and referred to therein as the "POB Pedestrian ROW", Running thence N4991248"E through said Home Owners Association (Parcel 2), a distance of 108 52 feet to a point at its intersection with the southwesterly boundary of Cluster Road, Running thence S30921'28"E along said Cluster Road, a distance of 1017 feet to a point, Running thence through said Home Owners Association (Parcel 2)S49912'48"W, a distance of 264 15 feet to a point, Running thence N52917'12"W, a distance of 10 20 feet to a point at its intersection with the division line between said Lakeside Nursing Home on the northwest and said Home Owners Association (Parcel 2) on the southeast, Running thence N49912'48"E along the last mentioned division line, a distance of 159 50 feet to the point or place of beginning Reference is hereby made to a survey plat map entitled "HOLOCHUCK HOMES SUBDIVISION NYS ROUTE 96 TOWN OF ITHACA TOMPKINS COUNTY NEW YORK SUBDIVISION PLAT C210" dated December 1, 2011, made by Keystone Associates,said map being incorporated herein by reference and recorded in the Tompkins County Clerk's Office on September 20, 2012 as Instrument Number 597509-001 EXHIBIT F 9 I L . L t I A 8 Y \ t / tLLLLL L`LLLLLILLLL L LL / ttILLLL L A� }I ' I R, LLB tt�t r 'py"gpLLL Y'M + ® � --••�_ — 1 � LLLLLLL �LLLIL VI } 1 I I O L 1 m Lt �I `LL 4 u »H� r 1 _v L {I w!N l7 21 d II 1 II �FI N F TIR U G'T'1`ON HOLOCHUCK HOMES SUBDIVISION e 8 NYS ROUTE 98 = s Buda.��VoA IS�i 70"OF n a MCA "WM OWM IR� WW YO K KEYSTONE PM cM„LI p) p o A ,.�, uvu®copy,pld sooe ncem,u.ssis PHASING/SECTION PLAN ASSOCIATES at�lrye�"� w e�nr�"Oii' wilya�.« EXH I BIT G �t��{�� IIIIIIIIIIII IIIII IIII IIIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk SCHLATHER, STUMBAR, PARKS & SALK Tompkins County Clerk 200 E BUFFALO ST 320 North Tioga Street PO BOX 353 Ithaca, NY 14850 ITHACA, NY 14851 (607) 274-5431 Document Type: EASEMENT Receipt Number: 13-20584 Grantor(Party 1) Grantee (Party 2) HOLOCHUCK HOMES LLC TOWN OF ITHACA Fees Transfer Amt: $0.00 Recording Fee $20.00 Instrument #: 2013-03250 TP-584 Form Fee $5.00 Pages Fee $20.00 Transfer Tax #: 001132 State Surcharge $20.00 Notation Fee $0.50 Property located in Town of Ithaca Total Fees Paid: $65.50 State of New York County of Tompkins Recorded on March 13th, 2013 at 3:48:54 PM with a total page count of 4. e � Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York Do Not Detach 2013-03250 03/1312013 03:48:54 PM 20' EASEMENT ALONG ROUTE 96/TRUMANSBURG ROAD THIS INDENTURE is made this day of 2013 by and between HOLOCHUCK HOMES, LLC a New York limited liability corny, 7 Brightside Avenue, East Northport, New York 11731 ("Grantor"), and the TO T, ITHACA, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850("Grantee" or the "Town"). WITNESSETH: that the party of the first part, in consideration of $1.00 and/or other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part,its successors and assigns: A RIGHT-OF-WAY AND EASEMENT to survey, construct, operate, maintain, repair, remove, replace, upgrade, or change the width of a pedestrian walkway, or pathway (all herein, "Trail"), including the right to trim and/or remove trees, shrubs, and other obstructions upon or over the said Trail, all as located upon or within a certain parcel of land situate in the Town of Ithaca, County of Tompkins and State of New York, being a portion of the property known as the Holochuck Homes, LLC Subdivision, pursuant to a map entitled "The View At West Hill", as drawn by Keystone Associates and dated December 1, 2011, said map being recorded in the Tompkins County Clerk's Office at Instrument Number 597509-001, and said Trail being more particularly shown on a survey map entitled "Subdivision Plat Lands To Be Conveyed To New York Conference Association of Seventh Day Adventists New York State Route 96 Town Of Ithaca County Of Tompkins State Of New York" dated January 22, 2013, completed by Rodney Lee Carey, LLS No. 049642 of Keystone Associates, said map being incorporated herein by reference and intended to be recorded concurrently herewith. Said area of the permanent easement and right-of-way being more particularly bounded and described as follows: All that tract or parcel of land situate in the Town of Ithaca, County of Tompkins, State of New York, more particularly bounded and described as follows: Commencing at a point on the east street line of NYS Route 96(a/k/a Trumansburg Road), said point marking the northwest corner of lands now or formerly reputedly of New York Conference Association of Seventh Day Adventists (541/61); Running thence N 50'43' 30" W,along the east street line of NYS Route 96 (a/k/a Trumansburg Road) 33.50 feet to a point on the east street line of NYS Route 96 (a/k/a Trumansburg Road); Running thence N 49'12' 48" E, along lands now or formerly reputedly of Peter J. Rogers & Donna M. Rogers(Ins. No,: 445147-001), 20.30 feet to a point, Running thence S 50*43' 30" E 30.50 feet to a point; I 2013-03250 03/13/2013 03:48:54 PM Running thence S 49* 12' 48" W,along lands now or formerly reputedly of New York Conference Association of Seventh Day Adventists (541/61), 20.30 feet to the point or place of beginning, containing 670 square feet of land, more or less. AND,THE PARTY OF THE FIRST PART further covenants and agrees: 1. The party of the first part, for himself and all of his successors and assigns, covenants and agrees that no building or structures shall be constructed or placed within the aforesaid area of the easement and right-of-way. 2. The party of the first part, for himself and all of his successors and assigns, covenants and agrees that no trees or other plants will be planted or cultivated that may interfere with the said easement and right-of-way. 3. The party of the first part, for himself and all of his successors and assigns, covenants and agrees that he will not permit or conduct any mining, excavation, construction, or blasting within said area of the easement and right-of-way. 4. The party of the first part, for himself and all of his successors and assigns, covenants and agrees that he will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interfere with the ingress and egress rights of the Town, its successors, assigns, employees and agents, nor with the travelling and use rights of the general public in and to such Trail. BEING the purpose of this easement and right-of way to convey rights to the Town of Ithaca for the purposes of said public Trail, including rights of free ingress and egress in, over, and through the above-described premises; each and all of which rights, and this easement, are now and hereafter assignable by the Town to any successor or assign, or to any improvement or special benefit district now existing or hereafter formed or created, TO HAVE AND TO HOLD said right-of-way and easement unto the party of the second part, its successors and assigns,forever; it being the intent of the party of the first part and the party of the second part that this easement and right-of-way shall now and forever hereafter run with the land. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. In Presence of kol& "U&14dines, LLC L by Matthew Holochuck,M� r 2 2013-03250 03/13/2013 03:48:54 PM by Attorney David M. Parks,his Agent STATE OF NEW YORK COUNTY OF TOMPKINS ss: On the 9 day of OWAj-AA in the year 2013 before me, the undersigned, personally appeared David M. Parks personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Deanna M. Hill Notary PubliciState of New York Qualified in Tioga County Registration NUmber-,MR614203 My Commission Expires:V3120t 3 Article V11. Expiration of Subdivi,sion-ApIroval jAdded 4-10-19951 § 234,-39. Conditions; procedures. A-.- In addition to any other provisions of law governing expiration of subdivision approvals, including those provisions which provide the subdivision approval expires if the approved subdivision map is not filed with the Tompkins County Clerk within a specified time of approval, a subdivision approval will also terminate tinder the circumstances set forth below. B, If the proposed subdivision requires construction of any facilities such as roads, 'drainage courses, water or sewer lines, or other similar facilities, unless within 10 years of the date the Planning Board gave final subdivision approval 1) work has materially commenced on such facilities in accordance with the finally approved subdivision plat; or 2) one or more lots have been transferred from the developer and the deeds for same duly recorded in the Tompkins County Clerk's Office, the subdivision approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those that would otherwise be in effect in the absence of such subdivision approval. Notwithstanding the foregoing, if final subdivision approval was granted prior to April 1, 1995, the time for work to materially commence or lots to be sold shall be extended to April 1, 2005. C. For the purposes of this § 234-39: LD Work will not have "materially cornmenced" unless, at a minimum: D A building permit, if required, has been obtained for at least one structure in the subdivision; and (b)Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and Dc Significant construction of roads or utilities, or significant framing, erection, or construction of a material structure, has been started and is being diligently pursued; and Q A lot will not have been "transferred" unless conveyed by a deed, duly executed and recorded in the Tompkins County Clerk's Office, to: Da A person unrelated to the subdivider in a bona fide transaction for value; or fh�A person related to the subdivider or for less than reasonable value in accordance with circumstances related to the Planning Board as part of the subdivision approval (e.g., a subdivision where the intention is to convey a lot to a relative or to convey a lot to an adjacent landowner for less than full value). D. If the proposed subdivision does not require the construction of any facilities, the subdivision approval (both final and preliminary) shall expire within the time limits set forth above with the consequences set forth above and subject to the ability to obtain extensions as set forth below, unless at least one lot of the subdivision has been transferred. E, In addition to the foregoing, a subdivision approval for a subdivision requiring construction of facilities shall likewise terminate as to any untransferred lots in the event that the facilities are not substantially completed within 10 years of the date of final subdivision approval. F. The Planning Board, upon request of the subdivider, after a public hearing, may extend the time limits for such additional periods and upon such conditions as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. LU The Planning Board shall grant the request for such extension if the Board finds: (a) The imposition of the time limits set forth above in Subsections B.., .D. and E would create significant hardship on the subdivider; and (b) There has not been a significant change in zoning, subdivision,engineering, environmental, or other relevant review requirements or standards since the initial approval or any subsequently granted extensions. (2) For the purposes of this section, a "significant hardship" includes, but is not limited to: (a) A significant economic loss that the subdivider would suffer if an extension were not granted; or (b) The subdivider's inability to timely proceed because of. LU A generally adverse economic climate; or M The subdivider's own economic circumstances have changed detrimentally; or LE An adverse event or events in the subdivider's personal affairs. G. In the event of any termination of subdivision approval pursuant to these provisions, the Planning Board or Town Planner shall cause a notice of such termination to be delivered personally to the subdivider, or forwarded by certified mail, return receipt requested, to the subdivider at the last address for the subdivider on file at the Town of Ithaca Planning Department and shall cause a copy of such notice, together with an affidavit of service (personally or by mail) to be recorded in the Tompkins County Clerk's Office in Miscellaneous Records or other appropriate location. Ff. Any subdivider who believes the termination of approval pursuant to this section is not warranted may file an application for a hearing before the Planning Board. Such application shall be filed within 30 days of the delivery oft e notice referred to above (for this purpose "delivery" shall be deemed to occur on the date the notice is personally delivered or the day it is delivered to the postal service for mailing). The Planning Board shall hold a public hearing on such application on at least five days prior notice given in the same manner as required for public hearings on subdivision approvals, within 60 days of receipt of such application. The burden of establishing that the approval should not be terminated shall rest upon the applicant. If the Planning Board deten-nines that the approval was improperly terminated, it shall render a decision so stating and shall cause a notice to that effect to be forwarded to the Tompkins County Clerk's Office for recording in the same location as the notice previously effecting such termination. Any determination of the Planning Board regarding such termination may be reviewed by a proceeding brought pursuant to Article 78 oft e Civil Procedure Law and Rules. Such proceeding shall be commenced no later than 30 days after the decision being reviewed has been filed by the Planning Board with the appropriate Town Clerk, 1. Nothing in this § 234-39 is intended to alter the effect of Town Law § 265-a on lots in a Subdivision when zoning is changed to increase lot sizes or other requirements thereby rendering an existing subdivision's lots nonconforming. PB Resolution No. 2012.020: Final Subdivision Approval Holochuck Homes Subdivision STATUS OF CONDITIONS Between NYS Route 96 &NYS Route 89 s of 6/7/222 in red Tax Parcel No.'s 24-3-3.2, 25.1-5.1, 25-2.41.2, 26-4.37, 26-4- 38, and 264.39 Town of Ithaca Planning Board April 17, 2012 Moved by Hollis Erb; seconded by John Beach WHEREAS: 1. This project involves consideration of Final Subdivision Approval for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Truniansburg Road) and NYS Route 89 (Taughannock Boulevard),Town of Ithaca Tax Parcel No.'s 24-3-3.2, 25-1-5.1, 25-2-41.2, 26-4-37, 26- 4-38, and 26-4-39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The project involves the construction of 106 +/-town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Density Residential,with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation will acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. The Planning Board will also consider a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for the two proposed freestanding community signs. Holochuck Homes LLC, Owner/Applicant; David M. Parks, Esq.,Agent; and 2. The proposed project,which requires subdivision approval by the Town of Ithaca Planning Board, is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code regarding Environmental Quality Review; and 3. The Town of Ithaca Planning Board established itself as lead agency to coordinate the environmental review of the proposed Holochuck Homes Subdivision, and issued a positive determination of environmental significance at its meeting on December 18, 2007, in accordance with Article 8 of the Environmental Conservation Law(also known as the New York State Environmental Quality Review Act) for the above referenced action as proposed, and confirmed that a Draft Environmental Impact Statement(DEIS)would be prepared; and 4. The Town of Ithaca Planning Board held a Public Scoping Meeting on March 18, 2008 to hear comments from the public and interested and involved agencies regarding the scope and content of the DEIS, and accepted the revised Final Scoping Document(amended by the Planning Board at its meeting on March 18, 2008), as being adequate; and 5. The applicants prepared the DEIS, dated September 1, 2009, and submitted said DEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 6. The Town of Ithaca Planning Board reviewed the DEIS and amendments at its meetings on September 15, 2009 and October 6, 2009; and on November 3, 2009, accepted the DEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 7. The Town Planning Board scheduled a public hearing on Tuesday, December 15, 2009 at 7:15 p.m. to obtain comments from the public on potential environmental impacts of the proposed Holochuck Homes Subdivision, and extended the public hearing and accepted written comments from the public regarding the DEIS until January 5, 2010; and 8. During the comment period, the Tompkins County Health Department informed the Town of Ithaca via letter dated November 17, 2009, that a former dump located on the Holochuck property was noted in the County Health Department's 1995 database of abandoned landfills as the "Oddfellow's Refuse Site"; and 9. The DEIS identified two 20`h Century trash dumps visible on the surface of the property that was the subject of the DEIS, including a trash dump identified as Locus 1; and 10. On December 11, 2009 Town Staff visited the Holochuck Property, located the dump site identified by the Tompkins County Health Department, and determined that it was not the same as the Locus 1 dumpsite indicated in the DEIS (although it may have been an extension of Locus 1), and further that it appeared to be located on the parcel proposed to be transferred to the NYS Office of Parks, Recreation, and Historic Preservation; and 11. The NYS Office of Parks, Recreation, and Historic Preservation submitted a letter to the Town of Ithaca, dated January 4, 2010, stating that a subsequent site visit by Town of Ithaca Staff and Finger Lakes Regional Staff on December 28, 2009 determined that there were potentially two dumpsites of significant size located on the portion of land shown to be conveyed to the NYS Office of Parks, Recreation, and Historic Preservation and that further site assessment for hazardous materials, documentation of the full extent of the debris field, followed by a cleanup/closure as directed by the NYS Department of Environmental Conservation, would be necessary before the NYS Office of Parks, Recreation, and Historic Preservation would agree to advance an acquisition of the property; and 12. The Planning Board determined that the newly discovered information about the various dumps on the Holochuck property was important and relevant and that there was a potential for significant adverse environmental impacts because of the potential public safety issues posed by these dumps located close to the proposed dense housing development. The dumps appeared to contain sharp, rusted metal, glass objects, medical refuse, and other unknown and potentially hazardous items. Locus 1 was located within the proposed developed area and another dump was located in the woods only a few hundred feet away from the proposed developed area. Additionally, there was not much known information about whether these dumps may have contained or currently contained hazardous waste; and 13. The Planning Board, on January 5, 2010, found that the DEIS inadequately addressed the impacts of the two dumps identified in the DEIS, and further that the DEIS did not address the impacts of the dunip(s) identified by the Tompkins County Health Department and observed by Town of Ithaca Staff, and therefore required the preparation of a Supplemental Environmental Impact Statement(SEIS) to the DEIS, to address the significant adverse impacts of the dumps; and Page 2 of 7 14. The applicants prepared an SEIS, dated July 27, 2010, concerning the two dumpsites referenced above, and the Planning Board, at its meeting of September 7, 2010, reviewed and accepted the SEIS as complete and adequate for the purpose of commencing public review, pursuant to 6 NYCRR Part 617.9; and 15. The Planning Board held a public hearing at 7:05pm on October 5, 2010 to obtain comments from the public on potential environmental impacts of the dumpsites located on the site of the proposed Holochuck Homes Subdivision, as evaluated in the SEIS, and accepted written comments by the public until October 15, 2010; and 16. The applicants prepared a Final Environmental Impact Statement(FEIS), dated November 4, 2010, regarding the proposed Holochuck Homes Subdivision, and submitted said FEIS to the Town of Ithaca Planning Board for consideration of acceptance as complete; and 17. The Town of Ithaca Planning Board reviewed and revised said FEIS at its meetings on December 7, 2010, December 21, 2010, January 4, 2011, and February 1, 2011; accepted the FEIS on February 1, 2011, filed a Notice of Completion of FEIS on February 9, 2011, and distributed the FEIS to involved and interested agencies and the public, as required by 6 NYCRR Parts 617.9 and 617.12; and 18. Due to errors that were discovered in the EIS regarding traffic models affecting two City intersections (N. Fulton/Cliff St. [Buffalo St.] and Taughannock Blvd./Cliff St.), the Holochuck applicants and the Planning Board agreed, at the March 8, 2011 Planning Board meeting, to re- open the FEIS for the limited purpose of having the applicants provide corrected traffic analysis tables and related text; and 19. The applicants submitted corrected traffic analysis tables and text to the Planning Board for consideration of acceptance of the revised FEIS at the March 15, 2011 Planning Board meeting; and at its March 15, 2011 meeting, the Planning Board reviewed, revised and accepted the revised FEIS with corrected analysis for the two City intersections; and 20. The Planning Board, on March 1, March 8, March 22, March 29, and April 5, 2011, reviewed and discussed the Findings Statement for the Holochuck Homes Subdivision; and 21. The Planning Board, at their meeting on April 5, 2011, adopted the Findings Statement for the Holochuck Homes Subdivision and granted Preliminary Subdivision Approval for the project, with conditions; and 22. The Planning Board, at their meeting on April 17, 2012, has accepted as adequate a revised landscaping plan Sheet L-1, titled "Landscape Design for development of Holochuck Homes LLC," prepared by Tim Miller Associates, Inc., most recently revised October, 2011; a set of plans entitled "Holochuck Homes Subdivision, NYS Route 96," including Sheet CO10, titled "Existing Conditions Plan," Sheet CO20, titled "Slope Map," Sheet C100, titled "Master Plan," Sheet C110 titled "Phasing/Section Plan," another Sheet C110 titled "Lighting Layout Plan," Sheets C200, C210, C220, and C230, titled "Subdivision Plat," Sheets C300, C310, and C320, titled "Erosion & Sediment Control Plan," Sheets C330 and. C340, titled "Cluster Road. Plan &Profile," Sheet C350, titled "Main Access Drive Plan & Profile," Sheets C360 and C370, titled "Cluster Road. Grading Plan," Sheet C380, titled "Main Access Drive Grading Plan," Sheets C400 and. C410, titled "Erosion &Sedimentation Control Details," Sheet C420, titled "Pond Sections & Details," Sheets Page 3 of 7 C430 and. C440, titled "Town of Ithaca Details," Sheet C450 titled "Site Details," Sheet C500, titled "Specifications," and Sheet C600 titled "Tree Preservation Plan," all prepared by Keystone Associates, LLC, dated August 14, 2009, and most recently revised 3/5/12 (except for Sheet C600, which is dated 1/17/12); elevation drawings labeled "Proposed Structure #2" and "Proposed Structure #18," date stamped April 17, 2012; and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby grants Final Subdivision Approval for the construction of the Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), as shown on a set of plans entitled "Holochuck Homes Subdivision, NYS Route 96," including Sheets C010-C600, prepared by Keystone Associates, LLC, dated August 14, 2009 and most recently revised 3/5/12 (except for Sheet C600, which is dated 1/17/12), and a revised landscaping plan Sheet L-1, titled "Landscape Design for development of Holochuck Homes LLC," prepared by Tim Miller Associates, Inc., most recently revised October, 2011; subject to the following conditions: ET 9/20/2012 pfints of the final approved subdivision plat(Sheet G200) for signing by tite Planning Bo Chair, said plat to be filed in the Tompkins County Glefk's Offiee, and a eopy of t1te feeeipt 0 filing provided to the Town of ithaea Planning Department, prior to the appheation for any building Peftntitl-, E " with another nu bef t1tat does not coftiqiet with the first Sheet G!10, titled 'Thasing�/Seetion , submission of the revised sheet to the Town Planning Depaftment, pf tof to the appheation for any building pert-ft"'I's, c. Entry into a sanitary sewer easement satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to any site work, d. Inclusion into the Holochuck Homes Homeowners Association documents of a statement that specifies that any sidewalks located within land to be conveyed and accepted by the Town shall be maintained by the Holochuck Homes Homeowners Association, prior to the application for any building permits, e. Revision of the Holochuck Homeowners Association Offering Plan, Exhibit T, titled "Public Transportation Plan and Agreement," paragraph number 6 "Bus Passes," to specify the homeowners association will provide one annual bus pass per unit and the homeowners association will advertise that it will pay for commuter vanpool services as long as the minimum requirements set by the vanpool service provider are met, prior to the application for any building permits, f. As required by the Findings Statement, 10% of the units (11 units if 106 units are built) shall be priced for their initial sales so they are affordable to households earning on an annual basis no more than 120% of the Tompkins County median income for their respective household sizes. Affordable shall mean no more than 30% of a household's gross income is spent on mortgage principal and interest, utilities, real property taxes, homeowner's insurance and Homeowners' Association fees. For the initial sales of these units, Holochuck Homes, LLC and/or the Page 4 of 7 Homeowners' Association shall verify that the households of the initial purchasers meet these income and expenditure requirements at the time of purchase, utilizing (i) the then-most current data published by the U.S. Department of Housing and Urban development regarding annual Tompkins County Household median incomes, (ii) the then-most current information regarding real property taxes, and(iii) reasonable estimates by Holochuck Homes, LLC and/or the Homeowners' Association regarding the costs for real property insurance and utilities. Prior to issuance of any building permits for any townhouses, the applicant and Town shall enter into an agreement, satisfactory to the Attorney for the Town,between Holochuck Homes, LLC and the Town to assure these requirements are binding on and enforceable against Holochuck Homes, LLC and the Homeowners' Association, g. Revision of the Holochuck Homeowners Association Offering Plan, Exhibit V, titled "Affordable Housing Plan and Agreement for Holochuck Homes Subdivision," page 3 (unnumbered), paragraph number 8, "Penalties in Lieu of Specific Performance or Other Specified. Remedies," to make the liquidated damages subject to the Town's option, have the liquidated damages apply if fewer than 10% of the units built in each phase and section are affordable(with a cap of 11 total affordable units), and increase the amount of the liquidated damages to $50,000 for each affordable unit not constructed, prior to application for any building permits for any townhouses, h. Receipt of any sign variances from the Zoning Board of Appeals for the proposed freestanding community signs, prior to the application for any sign permits, i. Submission of evidence of the necessary approvals of the Tompkins County Health Department on the final plat regarding the realty subdivision, prior to the application for any building permits for any townhouses, j. Entry into a stormwater "Operation, Maintenance, and Reporting Agreement" between the Holochuck Homes Homeowners' Association and the Town of Ithaca, which agreement shall be satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department and shall include easements and/or deed restrictions or other legally sufficient mechanisms to assure Town of Ithaca access to all lots containing stormwater facilities, prior to application for any building permits for any townhouses, k. Construction of the private stormwater facilities in a manner satisfactory to the Town of Ithaca Public Works Department, prior to application for any building permits for any townhouses, 1. Completion of all roads, stormwater facilities, and required utilities, to the satisfaction of the Town of Ithaca Public Works Department, prior to the application for any building permits for any townhouses, in. Submission of proof of receipt of the necessary curb cut permit(s) from New York State for the accesses onto Route 96 (Truniansburg Road), prior to any site work, n. Submission of record of application for and proof of receipt of all necessary permits from county, state, and/or federal agencies, prior to the issuance of any Certificates of Occupancy for any townhouses, ET 11/15/2013 As izioted in the cEIS subt1iissioftof e.;deftee that the New York State Retiiedial Aetioft Work Plaft f6f eleanup of tlie Odd Fellows Refuse Site (Loeus I and Leetts , Page 5 of 7 dated july , p. Submission of easements or other agreements satisfactory to the Attorney for the Town necessary to ensure ingress and egress for all of the parcels in the subdivision, to guarantee future access over any roads owned by the Homeowners'Association, to guarantee access to public roads and access to all private utilities, drainage and stormwater facilities, recreational amenities, common open space and other common or shared facilities, and to ensure that future owners and leaseholders of all parcels have full rights to use all of the above-mentioned facilities, prior to the issuance of any Certificates of Occupancy, q. Submission of record of approval for the water and sewer connections by the Tompkins County Health Department and by the Town of Ithaca Public Works Department, prior to construction of said facilities, r. Adherence to the Construction Operations procedures described in the EIS. Also, as required and explained in the Findings Statement, noise-related construction activities shall be limited to lam to 7pm Monday through Friday. Work shall not be routinely scheduled for Saturdays, but will be permitted if required by extenuating circumstances, such as severe weather, subject to approval by the Director of Code Enforcement. Construction shall be prohibited between 7pm and lam, and all day on Sundays and federal holidays, except emergency repairs (such as to stormwater facilities)will be allowed on any day, ET 10/22/2013 Gonveyattee of the 4=i tic ,..._,. .,.stomp .i to the New vo_k State nrf;..e o c4welling unit.Any eotweyanee te, a non,pfofit eofporation must eontain adequate legal meehanisms to assure that the eofpeofation will pfeset-,,e the pafeel, permit publie aeeess il (exeept to tile extent stleh aeeess is detritilental to tile lands Of any natural resourees assoeiated with them), and allow contintiation of the Black Diafnond Tfail along the site's eastefli ffontage neaf the shore of Gayttga Lake via a pefmanent easement of other permanent measure, t. All construction parking, staging, and storage must occur on site, u. MET 9/20/2012 drive,the etil-de-sae headiftg westefly along the houftdafy with the pf oposed State Pafk land, and dien Lakeside (Gayttga Ridge) Nufsiftg Home to provide a potential eoftneetion ffom the sid system opposite building 20 to the Lakeside (Gayttga Ridge) propefty, pf tof to appheatioi any building pert-ft"'I's, v. Revision of Exhibit H, Part 2 of the Homeowners Association Offering Plan, titled "Declaration of Restrictive Covenants of the View at West Hill Homeowners Association, Inc.," to specify that the plan to educate residents about the need to control pets in the Unique Natural Area and other natural areas, and to educate and communicate to residents the importance of using the public transit bus passes and vanpool services, shall be carried out through semi-annual written or electronic communications to the residents, Page 6 of 7 w. Establishment of an escrow agreement funded in the amount of$10,000 to assure that the Homeowners' Association or applicant pays a fair share contribution for any signal, roundabout, or similar traffic device at or near the northern entrance required by NYS DOT, with said agreement subject to the approval of the Attorney for the Town, prior to the issuance of any building permits, x. Establishment of an escrow agreement funded in the amount of$10,000 to be applied toward the expenses for a future park and ride lot on the Route 96 corridor or toward other transit- related improvements, with said agreement subject to the approval of the Attorney for the Town, prior to the issuance of any building permits, y. Prior to any work on site, applicant's contractor will hold a pre-construction meeting with the Department of Public Works to discuss project implementation, and E Revise Sheet G110, titled "Phasing.7Section Plan" by fnoving Buildiftg 18 frotii Section 1 of Phase I to Seetion 2 of Phase I aftd moving Bttildiftg 8 from Seetioft 2 of Phase I to Seetion I o 1; AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, hereby recommends to the Zoning Board of Appeals the request for sign variances for two 15+/-square foot freestanding neighborhood signs, where neighborhood identification signs in residential districts shall not exceed 6 square feet in size, be approved, with the following conditions: a. The proposed signs shall meet the setback and placement requirements of the Sign Law, b. The proposed solar lighting shall meet the requirements of the Outdoor Lighting Law, and c. The proposed signs shall not exceed 15 square feet in area each, as defined in the Town of Ithaca Sign Law. Vote:Ayes - Wilcox, Collins, Conneman, Beach, Bosak, Erb Page 7 of 7 w CX a r^ ? Chris Balestra From: Chris Balestra Sent: Thursday," 'epbi 15 r 2'4 20"2 10:52 AM To: Maria V.Gaige; Deanna Hill : Chris Balestra Subject: RE: Holochuck Project Attachments- Subdivision of Land,pdf, PB 2012-020 Holochuck Final Subdivision.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Deanna and Maria, Thanks for your patience. I've reviewed the town's subdivision regulations as well as the Holochuck project materials. The Holochuck project received final approval on April 17, 2012. The Town of Ithaca Subdivision regulations state that the final approval expires 10 years from the date that the Planning Board issued the approval. So, the expiration of the approval for this project would be April 17, 2022. For your convenience, I've highlighted this on the attachment titled "Subdivision of Land" (see pages 35-36 of the attachment). The regulations do allow for an extension of approval (same section attached). To initiate this process, we ask that you submit a letter that explains the extension request and the rationale behind the request. The Planning Board will need to make findings that justify the approval extension, so you'll want to address these findings listed in 24-3 F(2) oft e attachment. Once we receive the letter, we will review the matter internally and will advise you on the next step in the process. I mentioned before that this project went through an environmental impact statement process via 6N"YCRR Part 617, and we will need to figure out how that plays into any approval extensions. My contact information is below, so please feel free to call or email me if you want to discuss this further. Also, please let me know if you cannot open the attachments. Have a great Thursday! Cheers, Chris Christine Balestra,Planner Town of Ithaca Planning Department 215 North Tioga Street Ithaca,NY 14850 (607)273-1.747 ext.1.21. cbalestragto wn.fthaca ny s From. Maria V. GaigeonumdoINNIONEAmmopoib Sent; Wednesday, September 23, 202011:00 AM To:Chris Balestra eCBalestratown.ithaca.ny.us>; Deanna Hill Subject: Re: Holochuck Project 1 Chris Ballestra From: Chris Balestra Sent: dnesday, e ,6« ZO, T 2:41 P To: Maria V. Gaie; Deanna Hill Subject: RE: Holochuck Subdivision Approval Attachments- Final letter to PB 6A.21.pdf; 234-39 Subdivision Expiration Provisions.doc Fallow Up Flag: Follow up Flag Status: Flagged Hi Maria, Your June 4, 2021 letter(attached) requests that the Planning Board "make a formal declaration that the final subdivision approval granted in the April 17, 2012 has not and will not expire, even after April 17, 2022." 1 talked with the Town's attorney, Susan Brock, and she told me that the Planning Board does not have the jurisdiction or power to make declarations like this. Susan also noted that Section 234-3 .E says"In addition to the foregoing, a subdivision approval for a subdivision requiring construction of facilities shall likewise terminate as to any untransferred lots in the event that the facilities are not substantially completed within 10 years of the date of final subdivision approval." So the subdivision approval does not expire for transferred lots, but it expires for any untransferred lots if facilities are not substantially completed within 10 years of the date of final subdivision approval. Your letter also requests an extension of subdivision approval pursuant to Town Law§ 234 39.F for a period of 10 years, beyond April 17, 2022. 1 will place this request on a future Planning Board agenda once you provide additional information (or tell me you are relying on your letter and attachments without supplementation)showing why you believe the criteria in that subsection are met: significant hardship, and no significant change in zoning, subdivision, engineering,environmental, or other relevant review requirements or standards since the initial approval. As I have discussed with you,the Holochuck subdivision went through an Environmental Impact Statement(EIS) process, Among other things, the Planning Board likely will want information showing that there has been no significant change related to traffic, stormwater requirements, sewer capacity and other items discussed in the EISs. This is not an exclusive list, but it should give you an idea of some of the information that the Planning Board likely would want to see. i will send you another email with a Microsoft One Drive link that'll take you to the draft,final, and supplemental EISs for the Holochuck project, as well as the adopted Findings Statement. Please let me know if you cannot open the link in the forthcoming email and I'll provide you with the materials another way. Cheers, Chris Christine Balestra, Planner Town of Ithaca Planning Department 215 North Tioga Street Ithaca, NY 14850 Ph: (607) 27 -1747 ext. 121 Email: cbalestratown.ithaca.ny.us t ris Balestra From: Chris Balestra Sent: Friday, , hI ' 9:08 A To: Deanna Hill;giMMININIMOWam Cc: Chris Balestra; Susan Ritter Subject: Items to submit for Holochuck Extension Attachments: Development Review Application -writable -2 -2016.pdf; Owner Certification Letter.doc;234-39 Subdivision Expiration Provisions.doc Importance: High Hi Deanna and Ray, Here are the additional items that should be submitted for the Holochuck approval extension request: 1. Completed and signed Development Review Application Form-attached -stage of review is"additional meeting„—ignore the sections on rezoning and site plan . Review fees(covers agenda processing and public hearing fees) -$80 3. Completed and signed Owners Certification Form-attached—signed by the owner of the property 4. Any additional information you wish to submit related to §234-3 .F and the findings which the Planning Board will be making(subdivision law attached, section highlighted).Section F(1)[a] describes the significant hardship criteria, and F(2) provides some examples of significant hardship. Section F(1)[b] notes that to grant an extension,the Planning Board would need to make a finding that there has not been a significant change in zoning, subdivision, engineering, environmental, or other relevant review requirements or standards since the initial approval. For F(1)[b], it may help you to review the link below that contains the Holochuck Environmental Impact Statement materials and Findings Statement for information about many of the conditions and requirements that existed at the time of the environmental review.Among other things,the Planning Board might want information showing that there has been no significant change related to traffic, stormwater requirements, sewer capacity and other items discussed in the EISs. This is not an exclusive list, but it should give you an idea of some of the information that the Planning Board might expect to see. Here is a link to the Holochuck EIS materials and Findings Statement:r-htWs:�/townithaca- m ,share oint.com :f: ersonal cbalestra town Ithacan us EhsiSXNW!ElFIN2HTMSKa4 BS XSfSFwlOv SRmB s Q.0 ?e- ifz . Please let me know if you cannot open the link. There is a lot of information about this project and the documents are too large to attach as pdf's. I can provide it to you in a CD if need be. Cheers, Chris f"hnstine Boiestro, Planner l"cnW n of Ithaca Planrnng Deportment 215 North ogaStreret Ithaca, NY 14850 Desk ph. (60,7)27'3'-1747 ext. 12.1 P:.,balestro, town.ithoca From: Deanna Hill < Sent: Monday, March 14, 2022 1:04 P