HomeMy WebLinkAboutCOC Minutes 2022-12-14 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC)
Town Hall Aurora Conference Room
Final Minutes
Members Present: |n person: Ahe| Casper, Eva Hoffmann, Rob Rosen & Chris Jung. Bill Goodman,
Chair& Eric Levine (via Zoorn).
Staff Present: In person: Chris Ba|estra, Planner& Susan Brock Counsel. Marty Mose|ey, Director of
[ode Enforcement, Sue Ritter, Director ofPlanning & Nick Goldsmith, SustainabiUty Planner (via
Zoom).
Guests: None.
The meeting was broadcasted on YouTube and the Zoom platform was used for two COC members
and some staff. Bill reviewed the agenda aloud.
1. Member commmmemts/comcerna: None.
2. Town Energy Code Supplement proposed revisions: Nick Goldsmith prepared anadditional
memo outlining the proposed amendments to the ECS that were introduced at the last COC meeting.
The full code was not provided,justthe red|ined sections being proposed tobeamended. The Town
and City are both proposing the same five amendments. If approved, they will be filed with NYS along
with the 2O23 version of the law.
The HEATING PLANT definition had two minor words changes from the language in the memo, "main"
was removed and "space" was moved to come after "building" to read "building or space". The
definition MAJOR RENOVATION was also proposed to be amended but was not included in the memo.
Nick showed the proposal on his screen and explained the changes tothe committee. No changes were
proposed other than switching "Jnd" tO "Or" in2\ B.
Nick said that town and city staff were still working out changes to the FLOOR AREA definition. The
changes will be ready by the time the local law isprepared.
Nick explained that the proposed change to the Biomass Space Heating System provisions is being
pulled and will be incorporated into other changes that will be proposed later in 2023.
Once the local law formatting is finalized and submitted, the Town Board could set the public hearing
for the January 9Ph, 2023, meeting. All agreed that the timeline should work out for the updates to be
filed with New York State before the January 2O23deadline.
The committee was in favor of all the amendments proposed, with minor changes to be put into a local
3. Minutes: Eric moved to approve the 11/2/2022 COC minutes with minor changes; Ariel
seconded. All members voted in favor of approval.
4. Continued review of revised draft local law- §270-219 Personal wireless service facilities:
Susan Brock submitted the latest set of revisions, and the committee began where they left off at the
bottom of page 19 (hard copy) in the aesthetic criteria for small wireless facility nodes. The committee
focused on the yellow highlighted sections.
L. Design Standards
(1) Aesthetic Criteria applicable to Small Wireless Facilities
For small wireless facility nodes:
(i) 4. "frontage" was clarified to mean the entire front property line -additional wordsmithing
may be needed to make the intent clear.
(i) 5. Setbacks still to be discussed.
(j) Delete—no internal/administrative review.
M. Dimensional standards
(3) Delete "together with any land over which the applicant has obtained an easement"
(3) Regardless of tower/facility size, all lots containing PWSF's must be large enough to contain
the entire fall zone (e.g., the fall zone must be on one lot, no spillover to adjacent lots).
N. Accessways and parking. Delete, covered elsewhere.
O. Security
(1). Add a word or two that clarifies that this provision applies to non-small Wireless Facilities
(>50 ft tall).
(1) (again). COC accepted the staff recommendation to delete any discretion by the PB or staff
for fencing and just allow the fence provision.
(4) Delete. Code Director recommended that this be removed, as the provision is regulated
under the NYS Fire Code.
P. Removal Chris explained that this language, as written, was taken from the Town of Fishkill
law, and was loosely approved by the COC at a previous meeting for the process only - not the
content. After reading the content, staff realized that removal bonds would be required for any
personal wireless facility, small or large. Is that what the committee intended?The COC asked
Chris to check the City of Ithaca's provisions and consult with the Town Engineer and possibly
the Town Finance Department. She will continue to research this and report back to the
committee with a recommendation.
The committee then reviewed the new RF emission provisions that were provided by Susan Brock in
redlined format. The term "and/or" was discussed, as it appears in every paragraph and applies to the
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owner and/or operator of the PWSF (Personal Wireless Service Facility). The committee decided to
change the wording to "owner and operator (if different from owner)".
The final discussion was a yellow highlighted noted on page 26 (printed copy) related to whether
specific enforcement provisions needed to be added, or whether existing Town Code provisions
covered enforcement of RF emission standards. Susan Brock provided example language from Fishkill's
enforcement provisions. Marty agreed that specific provisions would be appropriate to add to what is
not already covered in Town Code Chapter 125. Marty and Susan will collaborate to develop language,
using Fishkill as reference. The committee agreed it would be the Town Board holding the hearing
when/if the town finds there is good cause to believe antennas are emitting RF radiation at levels more
than the legal limits, not the Planning Board (as in the example language given).
The committee ended their review of the draft law. Susan Brock will provide more sections for the
committee to review at the next meeting.
5. Other Business:
Next meeting: January 25, 2023, at 5:30 p.m. The February meeting was moved to February 15, 2023,
to allow time for staff to prepare materials after the January meeting. Eva noted she would not be
available for the January meeting.
Next meeting agenda:
1. Continued discussion of draft §270-219 Personal wireless service facilities.
2. Discussion of 2023 meeting schedule.
The meeting concluded at 7:00 p.m.
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