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HomeMy WebLinkAboutTB Minutes 2023-01-23MEETING OF THE ITHACA TOWN BOARD January 23, 2023 Town of Ithaca..lublJc Mecti gs YouTube hqtpss;// usMwcb.zoorn,us%j/88680828447 AGENDA 1. Consider adoption of a proposed local law amending Town of Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations, regarding Short -Term Rental Use Regulations associated with Cooperative Corporations, Trusts and Operating Permits (Attachment 1) a. SEQR b. Adoption 2. Consider approval and authorization for the Town Supervisor to sign the Plant -to -Plant Agreement & Multijurisdictional Pretreatment Agreement between the City of Ithaca, the Town of Ithaca and Dryden and the Village of Cayuga Heights 3. Consider setting a public hearing regarding PIO — IAWWTF Phase 3 Boiler Replacement 4. Appointment of Town Justice 5. Consider Award of Cleaning Contract for Municipal Facilities 6. Consider award of Town Hall Water Heater Upgrade Project 7. Consider approval of revisions to Sewer and Water Benefit Assessments for various Cemeteries within the Town 8. Consider NYS Association of Towns' Resolutions for 2023 and designation of the Official Delegate for the 2023 Annual Meeting 9. Consider Resolution of Appreciation — Sue Ritter, Director of Planning 10. Committee Reports a. Budget b. Codes & Ordinances c. Personnel and Organization/ERC d. Planning e. Public Works f. Economic Development g. Parks, Trails, Preserves & Recreation h. Cayuga Lake Watershed Intermunicipal Organization 11. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract c. Appointment of Code Safety Inspector — Torres d. Budget Amendments e. Revised History Center Space Rental Agreement f. Award contract — Monroe Tractor- Midland Road Widener Attachment Model WA MEETING OF THE ITHACA TOWN BOARD January 23, 2023 Minutes Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill Goodman, Pamela Bleiwas, Rob Rosen and Margaret Johnson Present: Judy Drake, Marty Moseley, CJ Randall, Paulette Rosa, Joe Slater, Donna Shaw, and Dan Thaete Mr. Howe opened the meeting at 4:30 p.m. 1. Consider adoption of a proposed local law amending Town of Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations, regarding Short -Term Rental Use Regulations associated with Cooperative Corporations, Trusts and Operating Permits Mr. Howe noted that the public hearing was held at the last meeting and no changes have been made since. There were no questions or comments from the Board. TB Resolution 2023 - 020: SEOR Regarding "A Local Law Amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, Regarding Short - Term Rental Use Regulations Associated With Cooperative Corporations, Trusts, And Operating Permits" Whereas, this action is the proposed enactment of a local law amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, regarding short-term rental use regulations associated with cooperative corporations, trusts, and operating permits; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on January 23, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff, Resolved, that the Town of Ithaca Town Board hereby reaffirms its negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen TB 2023-01-23 (Filed 2/9) Pg. 1 TB Resolution 2023 - 021: Adoption of "A Local Law Amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, Regarding Short -Term Rental Use Regulations Associated With Cooperative Corporations, Trusts, And Operating Permits" Whereas, on December 29, 2021, the Town Board adopted Local Law 16 of 2021: Adding Short - Term Rental Provisions to Chapter 270, Zoning, of the Town of Ithaca Code; and Whereas, the Short -Term Rental Provisions balance the desire of some property owners to rent all or a portion of their homes to generate income to defray the cost of homeownership, with the Town's obligation to protect the public health, safety, and welfare of the full-time residents in the Town; and Whereas, the Town Board has since developed amendments to the short-term rental provisions that further clarify the regulations; and Whereas, the proposed local law containing the revisions was discussed at the December 12, 2022, Town Board meeting; and Whereas, on December 12, 2022, the Town Board scheduled a public hearing to be held by said Board on December 28, 2022, at 11:00a.m., to hear all interested parties on the proposed local law; and Whereas, said public hearing was duly advertised and held on said date and time and all parties in attendance were permitted an opportunity to speak regarding said proposed local law, or any part thereof; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, on January 23, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that the proposed amendments to the Town Code will further the health and welfare of the community and are in accordance with the purpose and legislative intent of the Short -Term Rental Provisions of Chapter 270, and the Town of Ithaca Comprehensive Plan; now, therefore, be it: Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law 2 of 2023, "A Local Law Amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, Regarding Short -Term Rental Use Regulations Associated With Cooperative Corporations, Trusts, And Operating Permits." Moved: Bill Goodman Seconded: Rob Rosen TB 2023-01-23 (Filed 2/9) Pg. 2 Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen 2. Consider approval and authorization for the Town Supervisor to sign the Plant -to - Plant Agreement & Muitijurisdictional Pretreatment Agreement between the City of Ithaca, the Town of Ithaca and Dryden and the Village of Cayuga Heights Mr. Howe and Mr. Goodman gave an overview, noting that this has taken a while, and will be up for renewal in 3 years, in line with some of the bonding ending, which opens up a few points of negotiations. TB Resolution 2023 - 022: Authorization for Supervisor to Sign the Plant to Plant Agreement and Multijurisdictional Pretreatment Agreement between the City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights relating to Sewer Flows from Cayuga Heights through the Kline Road Bypass. Whereas, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned and operated by the three IAWWTF Owners, treats municipal wastewater originating from the City and Town of Ithaca, as well as portions of the Town of Dryden, pursuant to a Joint Sewer Agreement dated December 31, 2003, as it may be amended; and Whereas, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), which is owned and operated by the Village of Cayuga Heights, treats municipal wastewater from the Village of Cayuga Heights as well as portions of the Towns of Ithaca, Dryden, Lansing, and the Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights and their respective sewer use laws and ordinances; and Whereas, the four municipalities believe that it is in their best interests to make full use of existing community assets before building new or expanding existing facilities, provided any proposed agreement makes allowance for future demands within those municipalities during the agreement period, and that the costs are distributed in accordance with the benefits received, including avoided costs; and Whereas, because their mission is to serve the aforementioned municipalities, there is a history of cooperation between the owners of the two wastewater treatment plants focused on protecting the environment by cooperating in the treatment of sewage; and Whereas, the municipalities' Intermunicipal Wastewater Agreement dated December 31, 2003, endorses the concept of the Village of Cayuga Heights' utilization of excess IAWWTF capacity to leverage the efficient treatment of waste without causing an environmental emergency and/or to comply with DEC point discharge regulations; and Whereas, the IAWWTF Owners must implement and enforce a pretreatment program to control. discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR Part 403; and TB 2023-01-23 (Filed 2/9) Pg. 3 Whereas, the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the industrial users within its boundaries, whose wastewater discharges are capable of flowing to the IAWWTF, to the necessary pretreatment controls, and to implement and enforce that sewer use law; now, therefore, be it Resolved, that the Ithaca Town Board authorizes the Supervisor to sign the (A) Plant to Plant Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, and (B) Multijurisdictional Pretreatment Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, subject to approval from the Attorney for the Town, and contingent on approval of both Agreements by the City of Ithaca, Town of Dryden and Village of Cayuga Heights. Moved: Bill Goodman Seconded: Rob Rosen Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen 3. Consider setting a public hearing regarding PIO — IAWWTF Phase 3 Boiler Replacement TB Resolution 2023 — 023: Order Setting a Public Hearing Regarding a Proposed Sewer Improvement for the Town of Ithaca. Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility and establishing the Town of Ithaca 2023 Boiler Replacement Sewer Improvement Area Present: Rod Howe, Supervisor; Members Rich DePaolo, Bill Goodman, Eric Levine, Pamela Bleiwas, Margaret Johnson and Rob Rosen Moved: Rod Howe Seconded: Rich DePaolo Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the "Improvement"), to provide such Improvement to the present Town sewer system, such sewer system Improvement to be jointly constructed and jointly owned by the Town of Ithaca, City of Ithaca and Town of Dryden, all of which are co- owners of the Ithaca Area Wastewater Treatment Facility ("IAWWTF"), to serve a benefitted area in said Town to be known as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement Area (the "Sewer Improvement Area"); and Whereas, the area of said Town determined to be benefited by said Sewer Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file TB 2023-01-23 (Filed 2/9) Pg. 4 in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and Whereas, the Improvement proposed in connection with the establishment of the 2023 Phase 3 Sewer Improvement Area consists of end of life replacement of circulation pumps, modification to the existing boiler exhaust glue due to code issues, a retrofit intake to bring fresh air to the boilers, an upgrade to the Glycol Feed System, Instrumentation and Electrical Automation, and bonding and engineering costs, at a maximum estimated cost to the Sewer Improvement Area of 40.88% of $330,307 which is $135,029, it being determined that the additional $195,278 of the $330,307 aggregate maximum additional cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden, pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden; and Whereas, said $1.35,029 maximum estimated cost, which is the cost of the project to be expended by the Town of Ithaca, shall be authorized to be financed by the Town of Ithaca by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, and/or by serial bonds, provided however, grants-in-aid may be received and utilized therefor; and Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said Sewer Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Sewer Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the cost, and Whereas, said maximum estimated cost is not greater than one -tenth of one per centum of the full valuation of the taxable real property in the area of the Town of Ithaca outside of any villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement and the establishment of said Sewer Improvement Area; and Whereas, the Town Board has determined approval, construction and implementation of the Improvement to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (SEQR) for the following reasons: the Improvement involves the purchase of equipment, and the replacement in kind of facilities on the same site; and thus per the SEQR regulations the Improvement will not have a significant adverse impact on the environment, and approval, construction and implementation of the Improvement are not subject to review under SEQR; and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan TB 2023-01-23 (Filed 2/9) Pg. 5 and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, in accordance with the provisions of Section 209-q of the Town Law; now, therefore, be it Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, 215 North Tioga Street, in Ithaca, New York, in said Town, on February 13, 2023, at 5:30 o'clock P.M., Prevailing Time, to consider the aforesaid map, plan and report, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the official newspaper, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Rod Howe, aye; Rich DePaolo aye; Bill Goodman, aye; Eric Levine, aye; Pamela Bleiwas, aye; Margaret Johnson, aye; and Rob Rosen aye. The resolution was thereupon declared duly adopted. Added Item — Legal Services for IAAWTF TB Resolution 2023 - 024: Authorization for the Town Supervisor to sign a Letter of Engagement with Susan Brock for Leal Services associated with the IAAWTF Whereas, Susan H. Brock is the attorney retained by the City of Ithaca, Town of Ithaca and Town of Dryden to provide contractual legal services to the Ithaca Area Wastewater Treatment Facility (IAWWTF), and Whereas, An Engagement Letter for Legal Services dated January 3, 2023 was received indicating that as of January 1, 2023, Ms. Brock's hourly rate for legal services would be $270.00, and the Engagement Letter provided detailed information on other rate increases including but not limited to any paralegal time, travel, services, disbursements, fees, and office expenses, and Whereas, The Municipal Partners retain the right to terminate Ms. Brock's representation at any time with or without cause with reasonable notice, now therefore be it TB 2023-01-23 (Filed 2/9) Pg. 6 Resolved, That the Special Joint Committee of the IAWWTF (SJC) finds the rate increases and terms outlined in the letter of January 3, 2023 reasonable and acceptable, and be it further Resolved, That the SJC recommends the Municipal Partners adopt and approve the January 3, 2023 Engagement Letter for Legal Services provided by Susan H. Brock. Moved: Rich DePaolo Seconded: Pam Bleiwas Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen 4. Appointment of Town Justice Mr. Howe noted that two people interviewed and Judge Bergin will run, if she chooses, in 2024. TB Resolution 2023 - 025: Appointment of temporary Town Justice through December 31, 2023. Whereas Judge Klein retired on December 31, 2022, and the Town Board requested letters of interest for a temporary appointment of a Town Justice until December 31, 2023; and Whereas the Personnel & Organization Committee interviewed two of the four interested individuals; and Whereas Personnel & Organization Committee recommends the appointment of Kathleen Bergin for the Town Justice position; now, therefore, be it Resolved that the Town Board hereby approves Kathleen Bergin for the temporary appointment as Town Justice for January 30, 2023, through December 31, 2023. Moved: Pamela Bleiwas Seconded: Rod Howe Vote: ayes — Bleiwas, Howe, DePaolo, Goodman, Levine, Johnson and Rosen 5. Consider Award of Cleaning Contract for Municipal Facilities Mr. Howe noted that there were two bids received. TB Resolution 2023-026: Authorization to Award Commercial Cleaning Contract for Town Hall and Public Works Facility Whereas, the Town has received 2 proposals for a commercial cleaning contract for the Town Hall and Public Works Facility; and Whereas, the Director of Public Works has reviewed the proposals and is recommending R&M Commercial Cleaning Inc, as the commercial cleaner for both Town Hall and Public Works; and TB 2023-01-23 (Filed 2/9) Pg. 7 Whereas, R & M Commercial Cleaning Inc, was awarded the previous Commercial Cleaning Contract with the Town of Ithaca and is deemed the lowest bidder of this proposal; now, therefore, be it Resolved, the Town Board hereby awards the commercial cleaning contract to R&M Cleaning effective February 1, 2023; and be it further Resolved, the Town Board authorizes the Town Supervisor to enter into a contract with R&M Cleaning with expenses to be expended from account numbers A1620.442 and A5132.442. Moved: Rob Rosen Seconded: Eric Levine Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen 6. Consider award of Town Hall Water Heater Upgrade Project Mr. Howe noted that this is a small part of the recommendations from the Efficiency and Green Study of Town Hall and the Public Works Facility, and we will be reimbursed by the State for a portion of it. TB Resolution 2023 - 027: Authorization to award and execute agreement for the Town Hall 2023 Hot Water Heater Upgrade Project Whereas on January 17, 2023, the Town of Ithaca Director of Engineering (Director) received proposals for the Town Hall 2023 Hot Water Heater Upgrade Project for the removal and disposal of the existing 40 gallon, natural gas (ng) hot water heater and the installation of a 40 gallon air source heat pump (ASHP) hot water heater and associated work, and Whereas the Flextech Energy Study, dated February 4, 2022, presented the results of an energy use and savings opportunities assessment for the Town Hall Facility, and Whereas the study identified the replacement of the hot water heater at Town Hall with an ASHP hot water heater and the installation of insulation on the hot water piping as energy conservation measures (ECM) 12 and 6, respectively, to reduce the use of fossil fuels and to save energy, and Whereas the Director has reviewed the proposals and has determined that the lowest, qualified contractor's proposal of $7,627.00 for the work was made by Donohue Halverson Plumbing, Heating, and Cooling, 617 W. Seneca St, Ithaca, NY 14850, now therefore be it Resolved that the Town Board authorizes the Town Supervisor to award and execute the agreement for the Town Hall 2023 Hot Water Heater Upgrade Project to Donohue Halverson Plumbing, Heating, and Cooling, and be it further Resolved that the Director is authorized to approve change orders without further authorization from this Board, provided that the maximum amount of such change orders does not exceed $1,000.00 in aggregate and the total project cost, including the contract, engineering, legal and TB 2023-01-23 (Filed 2/9) Pg. 8 other expenses, does not exceed the maximum authorized cost of the project of $8,627.00, and be it further Resolved the Finance Officer is authorized to amend the 2023 budget and create a new Green Energy Upgrades Project as follows: Budget Amendment Account Description From To A1.990.499 Contingent Account 4,220 A9950.900 Transfer to Capital Project 4,220 H 1-5031/A Transfer from General Fund 4,220 H1-2770 Miscellaneous (NYSERDA) 4,407 H1-1620.400 Contractual 8,627 Moved: Rob Rosen Seconded: Eric Levine Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen 7. Consider approval of revisions to Sewer and Water Benefit Assessments for various Cemeteries within the Town Mr. Thaete gave an overview, noting that this came from some or our GIS review and water and sewer benefits, and long story short, those cemeteries that are not using services were charged if it was available. We will be digging deeper into this and report further, but this needed to be done now to adjust the current tax bills. TB Resolution 2023 - 028: Water & Sewer Benefit Assessment Revision for Various Cemeteries within the Town of Ithaca Whereas, the following cemeteries were assessed water and sewer benefit units on the 2022 Town and County Tax bill; Water Sewer TMP# OWNER(S) LOCATION Units Units West Hill Cemetery 24.-1-25.23 Assoc. 200 Hayts Rd 2 0 35.-1-20 Town of Ithaca Elmira Rd 2 2 360 Stone Quarry 38.-3-9 King Cemetery Rd 2 0 South Hill Cemetery 46.-1-9 Assoc. Coddin ton Rd 2 0 and, TB 2023-01-23 (Filed 2/9) Pg. 9 Whereas, a discussion was held at the January 17th Public Works Committee (PWC) meeting regarding the applicability of water and sewer benefit units for cemeteries, and Whereas, the PWC determined that cemeteries are not clearly defined within our Town of Ithaca Water and Sewer Benefit Formula and more discussion should be held regarding applicability of the water and sewer benefit formula for cemeteries with or without water/sewer services, and Whereas, discussion at the PWC was in favor of charging the above referenced cemeteries to zero (0) water and sewer benefit units because it was determined these cemeteries do not have water and/or sewer services, and Whereas, the town water and sewer benefit formula has a provision for the Town Board to vary application of the benefit formula, now therefore be it Resolved, that the Town Board hereby approves and authorizes the revision of water and sewer benefit units, for the above referenced cemeteries, to zero (0) until such time the water and sewer benefit formula can be reviewed and/or revised. Moved: Rob Rosen Seconded: Rod Howe Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen 8. Consider NYS Association of Towns' Resolutions for 2023 and designation of the Official Delegate for the 2023 Annual Meeting Ms. Johnson noted that the resolutions seem to repeat each year, but she would ask questions at the Meeting. TB Resolution 2023 - 029: Designation of Official Delegate and Alternate voting member to the New York State Association of Towns Annual Meeting Whereas, the NYS Association of Towns Annual Meeting is held in New York City and the Town of Ithaca is a member in good standing and eligible to have voting rights at the Annual Meeting, Whereas the Town Board has reviewed the draft resolutions put forth by the NYS Association of Towns, now, therefore be it Resolved, that the Town Board hereby designates Margaret Johnson as the Official Delegate and Rich DePaolo as the Alternate to cast votes on behalf of the Town. Moved: Bill Goodman Seconded: Rod Howe Vote: ayes — Goodman, Howe, Levine, Bleiwas, DePaolo, Johnson and Rosen 9. Consider Resolution of Appreciation — Sue Ritter, Director of Planning TB 2023-01-23 (Filed 2/9) Pg. 10 Mr. Howe reminded members that there will be a reception Friday where we will present this along with some other presentations. TB Resolution No. 2023 - 030: Recognition and Appreciation of Susan Ritter's Dedicated Years of Service Whereas, Susan Ritter started her career at the town on January 12, 1998, as the Environmental Planner, and was promoted to Assistant Director of Planning on October 2, 2000; and Whereas, Sue was promoted to her current position of Director of Planning on January 1, 2011, and has provided her expertise and talents faithfully to the town since; and Whereas, during Sue's tenure prior to being the Director she worked closely with the Conservation Board and was instrumental in developing the Stream Setback Law, preparing the Scenic Resources Inventory and Analysis report, and the South Hill Conservation Zone; and Whereas, as Director, Sue lead the town through the completion of the 2014 Comprehensive Plan, the Chainworks District (now South Works) Generic Environmental Impact Statement process, the development of a New Neighborhood Code, the establishment of the Inlet Valley Overlay Zone, and a draft Historic Preservation Ordinance; and Whereas, Sue diligently pursued sidewalk feasibility studies for NYS Routes 96B and 96 corridors and was successful in completing the grant to complete the sidewalk projects from Ithaca College to the City of Ithaca, and a sidewalk from Linderman Creek to the city line; and Whereas, Sue was an effective advocate for the town in her interactions with the larger professional community, including Cornell University during the Maplewood Apartment and North Campus Residential Expansion projects; and Whereas, Sue understood that land -use planning is an imperfect process requiring nuance and ultimately compromise, but never wavered in her pursuit of common-sense outcomes that aligned with sound and sustainable planning principles; and Whereas, the Town of Ithaca has greatly benefited from Sue's devotion, knowledge, energy, and desire to serve our community, as she has set the stage for the next phase of the environmental, conservation, and development activity to make the town a better place to live and enjoy; and Whereas, Sue has decided to retire from the Town of Ithaca, effective January 28, 2023, after twenty-five (25) years of dedicated service; now, therefore, be it Resolved, that on this 23rd day of January 2023, the Town Board of the Town of Ithaca, on behalf of the Town and its residents, acknowledges the retirement of Susan Ritter and expresses its sincere appreciation to Susan for her distinguished and dedicated service to our community. Moved: Rich DePaolo Seconded: Pamela Bleiwas TB 2023-01-23 (Filed 2/9) Pg. 11 Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen 10. Committee Reports a. Budget — No Meeting b. Codes & Ordinances — Mr. Goodman reported that they continue to work on the changes to the telecommunications legislation with the goal of bringing it to the Board in March. C. Personnel and Organization/ERC — Ms. Bleiwas reported they discussed a draft policy for reducing certain fees for certain permits when a delay is beyond the permit holders' control along with a form and process. The Committee was in favor of the idea and more to come. d. Planning — Mr. DePaolo reported they worked on last minute changes to the Inlet Valley Overlay District and were expecting Ranic to come in to discuss some changes but that didn't happen. e. Public Works — Mr. Howe reported they heard from Inlet Valley Way residents and their concerns about the proposed changes to the intersection with Calkins Rd. and discussed the water and sewer benefit assessments for cemeteries discussed earlier and a request from Cornell regarding reducing the speed limit on town roads on campus to 25mph to match their limit. Also began brainstorming about elements of a streetlight policy. f. Cayuga Lake Watershed Intermunicipal Organization — Ms. Johnson reported that they are very busy with the new Chair and Watershed Manager and moving forward with building on relationships with State representatives and other entities and identifying goals based on last years survey results. The TO continues to grow and roll out education resources and outreach to more municipalities. 1.1. Consent Agenda TB Resolution 2023 — 031: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Minutes — None b. Town of Ithaca Abstract c. Appointment of Code Safety Inspector — Torres d. Budget Amendments e. Revised History Center Space Rental Agreement TB 2023-01-23 (Filed 2/9) Pg. 12 f. Award contract — Monroe Tractor- Midland Road Widener Attachment Model WA Moved: Eric Levine Seconded: Pamela Bleiwas Vote: ayes - Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen TB Resolution 2023 — 031b: Town of Ithaca Abstract No. 2 for FY-2023 Resolved that the Town Board hereby authorizes the payment of the audited vouchers in total for the amounts indicated: VOUCHER NOS. 50 - 97 General Fund Town Wide 122,058.07 General Fund Part -Town 21,582.04 Highway Fund Town Wide DA 10,438.01. Highway Fund Part Town DB 41,073.22 Water Fund 43,413.34 Sewer Fund 87,224.56 Forest Home Lighting District 248.72 Glenside Lighting District 45.26 Renwick Heights Lighting District 71.07 Eastwood Commons Lighting District 77.33 Clover Lane Lighting District 10.62 Winner's Circle Lighting District 15.47 Burleigh Drive Lighting District 46.41 West Haven Road Lighting District 164.91 Coddington Road Lighting District 99.08 Trust and Agency 3,500.00 TOTAL 330,068.11 TB Resolution 2023 — 031c: Approve Provisional Appointment of Code Safety Inspector Whereas the Town created a new Code Safety Inspector position for 2023; and Whereas the Interview Committee interviewed six candidates for the position; and Whereas the Committee has determined that Christopher Torres, current Administration Assistant 11 for the Code Enforcement Department, possess the necessary knowledge and skills to satisfactorily perform the duties of the position; and Whereas Marty Moseley, Director of Code Enforcement, appointed Christopher Torres as Code Safety Inspector, effective January 30, 2023; now, therefore be it Resolved the Town Board of the Town of Ithaca does hereby approve the provisional appointment of Christopher Torres as Code Safety Inspector, effective January 30, 2023; and be it further TB 2023-01-23 (Filed 2/9) Pg. 13 Resolved the position is at 40 hours per week, at the hourly wage of $31.70, which is an estimated annual salary of $65,936 from B8010.1.00, in Job Classification "D", with full time benefits; and be it further Resolved, the said appointment is a provisional appointment pending the results from the next civil service exam for this position. TB Resolution 2023 — 031d: Amendment to the History Center Lease - Pulled Resolved that the Town Board approves an amendment to the Lease Agreement with the History Center for space at Town Hall for an additional 266 sgft, described as 4th collection area at the current rate of $4.24 sq ft. Mr. DePaolo asked about the rate/sq ft and if the calculation is for a month or a year. ($11 k/yr) Moved: Rich DePaolo Seconded: Rod Howe Vote: Unanimous TB Resolution 2023 — 031e: Approval of Budget Transfers, Amendments and Modifications for the 2023 Collective Bargaining. Whereas, the Town Finance Officer has reviewed all budgetary personal service accounts and the 2023 Collective Bargaining Agreement, and Whereas, this review disclosed certain budgetary expenditures requiring transfers, amendments or modifications summarized below: General Town -wide Fund Budget Transfers Account Description From To A1.91.0.499 Contingency Account 32,952 Al110.100 Regular 1,600 A 1316.100 Regular 800 A1340.100 Regular 1,400 A1410.100 Regular 5,500 A1.430.100 Regular 1,200 A1440.100 Regular 7,500 A1.440.110 Student Interns 200 A1460.100 Regular 150 A1.620.100 Regular 300 A1.620.101 Regular — Highway 55 A1680.100 Regular 1,700 A3120.100 Regular 400 A5132.100 Regular 800 A5132.101 Public Works Dept 660 A7110.100 Regular 1,300 TB 2023-01-23 (Filed 2/9) Pg. 14 A711.0.101 Public Works Dept 5,220 A8020.100 Regular 1,000 A8540.101 Regular 770 A881.0.101 Regular 55 A9030.800 Social Security 2,342 General Part -Town Fund Budget Transfers Account Description From To B1990.499 Contingency 18,677 B8010.100 Regular 11,700 B8020.100 Regular 5,500 B8020.11.0 Planning Intern 150 B9030.800 Social Security 1,327 Budget Transfers Account Description From To DA5142.459 Tools & Equipment 2,297 DA5130.100 Regular 1,480 DA51.42.100 Regular 3,61.4 DA9030.800 Social Security 163 Highway Part -Town Fund Budget Transfer Account Description From To DB5130.451 Vehicle Maintenance & Repairs 16,926 DB5110.100 Regular 5,060 DB5110.101 Deputy Highway Superintendent 3,000 DB5112.1.00 Regular 690 DB5130.100 Regular 4,443 DB5140.1.00 Regular 2,530 DB9030.800 Social Security 1,203 Water Fund Budget Transfers Account Description From To F 1990.499 Contingent Account 5,490 F8310.100 Regular 1,1.00 F8340.100 Regular 1,000 F8340.101 Labor 3,000 F9030.800 Social Security 390 Sewer Fund Budget Transfers Account I Description From To TB 2023-01-23 (Filed 2/9) Pg. 15 G1.990.490 Contingent Account 4,198 G8110.100 Regular 600 G8120.100 Regular 1,100 G8120.101 Regular 2,200 G9030.800 Social Security 298 Now, therefore, be it Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all budget transfers, amendments and modifications, including all other changes deemed appropriate and necessary. TB Resolution 2023 — 031f. Approval for the purchase of a Road Widener for the Town of Ithaca Department of Public Works Whereas, the Town of Ithaca Department of Public Works was approved in the 2023 budget to purchase a new road widener, also known as a shoulder machine, to replace the existing 1970's era road widener that has been utilized by the department, and Whereas, an advertisement was publicly posted under the Empire State Purchasing Group, also known as Bidnet Direct, on January 5, 2023, and Whereas, the posting of the specification for a new Midland Road Widener Model WA was closed on January 13t', 2023 with one responsible bidder that met the posted specifications, and Whereas, after reviewing the bid it was determined that Monroe Tractor and Implements with a listed address of 1001 Lehigh Station Road in Henrietta, NY was the low bidder that met the posted specifications with a bid of $1.30,837.00, now therefore be it Resolved, that the Town Board approves the purchase of a new Midland Model WA Road Widener for the Town of Ithaca Public Works Department. 1.2. Report of Town Officials, Committees, and review of Correspondence Refer the request for speed mitigation efforts on Rte. 13A to the Public Works Committee. Executive Session Motion made at 5:30 p.m. by Mr. Goodman to enter executive session to discuss the possible acquisition of real property where disclosure might affect the price, seconded by Rod Howe. Unanimous. Motion made by Rod Howe, seconded by Mr. Goodman to reenter open session and adjourn the meeting. Unanimous. TB 2023-01-23 (Filed 2/9) Pg. 16 Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all budget transfers, amendments and modifications, including all other changes deerned appropriate and necessary. TB Resolution 2023 — 031f: Approval for the purchase of a Road Widener for the Town of Ithaca Department of Public Works "WiTIRCE11! 41111 P W it WKS-C a 0 TT ro at TV I * cil i7r, a i so & 111 ui-wcl Indullitic, to replace tile existing I �0 I k) - era road widener that has been utilized by the department, and Whereas, an advertisement was publicly posted under the Ernpire State Purchasing Group, also known as Bidnet Direct, on January 5, 2023, and Whereas, after reviewing the bid it was deten-nined that Monroe Tractor and Implements with a listed address of 1001 Lehigh Station Road in Henrietta, NY was the low bidder that met the posted specifications with a bid of $130,837.00, now therefore be it Resolved, that the Town Board approves the purchase of a new Midland Model WA Road Widener for the Town of Ithaca Public Works Department. rill mil 111111iiiii1l I -ENE Motion made at 5:30 p.m. by Mr. Goodman to enter executive session to discuss the possible acquisition of real property where disclosure might affect the price, seconded by Rod Howe. Unanimous. Motion made by Rod Howe, seconded by Mr. Goodman to reenter open session and adjourn the meeting. Unanimous. mom TB 2023-01-23 (Filed 2/9) P& 16 Attachment 1 TOWN OF ITHACA LOCAL LAW NO.2 OF THE YEAR 2023 A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING, ARTICLE XXVI, SPECIAL REGULATIONS, REGARDING SHORT-TERM RENTAL USE REGULATIONS ASSOCIATED WITH COOPERATIVE CORPORATIONS, TRUSTS AND OPERATING PERMITS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVI (Special Regulations) of the Town of Ithaca Code, Section 270-219.7, titled "Short-term rental uses" is amended as follows: A. Subsection B is amended in its entirety to read as follows: "B. Applicability. This section applies to all short-term rental uses except: (1) Rentals of dwelling units that meet all of the following: the dwelling unit is owned by a cooperative corporation and is subject to a proprietary lease under the Cooperative Corporations Law, and the dwelling unit is the principal residence of the proprietary lease holder. (2) House sitting arrangements where a house sitter occupies a principal residence while the owner or proprietary lease holder is away, the house sitter provides security, maintenance and/or pet care, and the house sitter pays no money or other financial consideration to the owner or proprietary lease holder in exchange for the occupancy. (3) For short-term rental uses that were previously allowed by or exempt from this § 270- 219.7 and that are subject to termination on April 1, 2023 pursuant to amendments to this § 270-219.7 that become effective on April 1, 2023, this section shall not apply to any short-term rental use for which a written rental agreement exists as of April 1, 2023, provided that the rental concludes by September 30, 2023. (4) For the purposes of this § 270-219.7, for a dwelling unit to be considered an owner's or proprietary lease holder's principal residence, the owner or proprietary lease holder must reside in the dwelling unit for a minimum of 185 days per year. For trusts, principal residence requirements are met if all of the criteria in Subsection E(I)(B)(ii) are met." B. Subsection D(I), last sentence, is amended by deleting the comma after "occupant(s)" and deleting the word must, so that the last sentence reads as follows: Attachment 1 "No other owner(s), collectively or individually, shall own a larger percentage of the tax parcel(s) than the owner-occupant(s) who reside in the principal residence for a minimum of 185 days per year." C. Subsection E(1) (Operating permit required) is amended by adding a new subparagraph b reading as follows (and by re -lettering subsequent subparagraphs accordingly): "(b) Owners eligible to receive short-term rental operating permits must be either: (i) natural persons (defined for purposes of this § 270-21.9.7 as living human beings), or (ii) trusts that meet all of the following criteria: the dwelling unit is the principal residence of at least one natural person who is a trust grantor, a trustee, or a beneficiary of the trust that owns the dwelling unit, and said trust grantor, trustee or beneficiary resides in the dwelling unit for a minimum of 185 days per year." D. Subsection E(2)(b), second sentence, is amended by adding the word "principal" before "residence" so that the second sentence reads as follows: "No unit except a principal residence with a hosted short- term rental shall be subject to more than one short-term rental agreement at any one time." E. Subsection G (Termination of certain legal nonconforming uses after amortization) is amended by adding to the beginning of subparagraph (1) the phrase "Except as provided in Subsection G(3) below," F. Subsection G (Termination of certain legal nonconforming uses after amortization) is amended by adding subparagraphs (3) through (5) reading as follows: "(3) For a short-term rental use that was previously allowed by or exempt from this § 270-219.7 and that is subject to termination on April 1, 2023 pursuant to amendments to this § 270-21.9.7 that become effective on. April 1, 2023, the Zoning Board of Appeals may grant special approval for such short-term rental use to continue for a stated period of time after the termination takes effect, provided that the owner applies to the Zoning Board of Appeals by May 1.5, 2023, for such special approval, and further provided that the Zoning Board of Appeals finds that: (a) The owner demonstrates that the short-term rental use is a legal nonconforming use; and (b) The owner demonstrates through competent dollars -and -cents proof that prior to April 1, 2023, they made substantial financial expenditures unique to the short- term rental use; and PA Attachment 1 (c) The owner provides documentation of their total receipts from short-term rentals and expected revenue through the date of termination; and (d) The owner demonstrates that they have not recovered substantially all of the financial expenditures related to the short-term rental use; and (e) The owner demonstrates that they cannot obtain a reasonable return on their investment unique to the short-term rental use if the property is used for any other purpose permitted within the zoning district, and that the lack of a reasonable return is due solely to the termination on short-term rental days and not other market forces; and (f) The extension period granted by the Zoning Board of Appeals is the minimum extension period necessary to mitigate the demonstrated loss of a reasonable return. (4) The criteria for granting special approval pursuant to Subsection G(3) above shall be as set forth in Subsection G(3) above rather than the normal criteria in Article XXIV for granting a special approval. (5) Owners of dwelling units that were previously exempt from this section and receive special approval pursuant to Subsection G(3) above must apply for an operating permit within five (5) days of the grant of special approval. Upon the grant of special approval, all provisions of this § 270-219.7 apply during the duration of the special approval, except the Town may grant an operating permit to such owner even though it is not a natural person or trust." Section 2. Statement of Supersession. It is the intent of the Town Board, pursuant to authority under New York State Municipal Home Rule Law § I0(1)(ii)(d)(3), § I0(1)(ii)(a)(14), and § 22 to supersede inconsistent provisions of the New York State Town Law. In particular, it is the intent of the Town Board, pursuant to authority under sections 10 and 22 of the Municipal Home Rule Law, to supersede inconsistent provisions of New York State Town Law relating to uniformity. Without limitation, this local law hereby supersedes the New York State Town Law § 262, to the extent that the provisions of said section are inconsistent with any provision in this local law. Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect on April 1, 2023. Full Environmental Assessment Form Part 1- Project and Setting I Instructions for Completing Part 1 Part I is to be completed by the applicant or project sponior. Responses become part of the application for approval or funding, I are subject to public review, and may be subject to further verification. Complete Part I 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 '-f es" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part I is accurate and complete. A. Project and Sponsor Information. Name of Action or Project: Enactment of a local law amending Town Code Chapter 270, Zoning, Article XXVI, Special Reguations, Regarding Short Term Rental Use Regulations Associated with Cooperative Corporations, Trusts, and Operating Permits Project Location (describe, and attach a general location map): The local law applies town wide. Brief Description of Proposed Action (include purpose or need): The proposed action is an amendment to the Town Code provisions regarding Short -Term Rentals. The amended provisions involve clarifying the applicability section of the law, that allows for exemptions for house sitting arrangements and rentals of dwelling units owned by a cooperative corporation. The amendments also include adding clarifying language to the Operating Permits section, related to natural persons and trusts, and establishing a Zoning Board of Appeals (ZBA) special approval process for non -conforming short-term rental uses that meet specific ZBA findings. Name of Applicant/Sponsor: Town of Ithaca Telephone: 607-273-1721 E-Mail: Address: 215 N. Tioga Street City/PO: Ithaca State: NY Zip Code: 148k Project Contact (if not same as sponsor; give name and title/role): Rod Howe, Town Supervisor Telephone: 607-273-1721 E-Mail: rhowe@townJthaca.ny.us Address: same as above City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: State: Zip Code: Pagel (of Part 1) B. Government Approvals _._..__ ... . ........ . . B. Government Approvals, Funding, or Sponsorship. ("Funding" undin includes grants, loran, tar relief', and any other forms offinancial nancial assistance.) C.00vernment Entity If N'es: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, "I"c wn Board, ®Yes©No Ithaca 'Town Board Pcrhlic hearing .. December 28, 2022 or Village Board of Trustee: h. C.ity, Town or Village MYes®No Planning Board or Commission C. City Council, Town or OYCSONo Village Zoning Board of Appeals d. Other local agencies [ Yes®No e. County agencies OYes[INo County Planning Department GML 239-I, -m, -n GML letter received or) January 6, 2023 revtew re uirement, rao of�clal a s roual involeaed. f`. Regional agencies [--]YesONo p, State agencies E]Yes®No h. Federal agencies Yes®Ncr _.._................................................ _.. _ _ _....._......._..._.._w._.._ r Coastal Resources. i. Is the pr(?Iect site within a Coastal Area, or, the waterfront area of a Designated Inland Waterway'? OY sDNcr ii. Is the project site located in a ccrrnrnunity Nvith an approved I..,ocal 'Waterf ont Revitalization Program? 0 Yes©No if . Is the project site within a Coastal Erosion Hazard Area? 0 YesONo C. Planning and Zoning C.I. Planning and zoning actions. y'lill administrative or legislative adoption, or amenfurent ot`a plan, local law, ordinance, rule or regulation he the: OYes®No only approval(s) which must he granted to enable the proposed action to procce.d? • If•••••,µ Ves, complete, section C", F and G, • It No, proceed to question C'.2 and complete all remaining sections and gcresticrn in Part I C".2. Adopted land use: plans. air. Do any rnunicipally- adopted (city, town, village or county) comprehensive lance use plains) include the site: ®YesElNo where the proposed action would he located? II'Ye,s, (toes the comprehensive plan include specific recommendations for the site, where: the proposed action C7`r"es No would be located'! la. Is tyre sit:(: caC the: lrrcrtae:rsect actiearr within airy 1<ac°al err rel?icrnal slrecrwrl I)la��urrrrrap cfistrrc.t ('Ic°rr" erearrntale. Cirecrtway ®YesONo Brownfield Opportunity Area (BOA),- designated Mate or Federal heritage area;. watershed management plan; or other?) If"Yes, identify the, plan(s): Cayuga Lake Watershed Restoration and Protection-Plann...f C101t .. at.ka a_Lake rer lc.Byw.ay Forest,,!- tome.. Historic District......... ............. c. Is the proposed action located wholly or partially within am area listed in an adopted municipal open space plan, JZYes®No or in adopted municipal farmland protection plan? If"Yes, identify the plan(s): ....Town of,lthaca A9rlr,ra1ture and Farrrrland rote<;t�oa .(Tarr ( .1,j), Town of Ithaca Parka.. Recreation and Opqri 4 pace Plan f h 9J7t _ _ Page 2 C-V. ZA)ning a. Is the site of the proposed action located in a municipality with an adoptW zoning laxv or ordinance. OYesr-INo If Yes, what is the zoning classification(s) including any applicable overlay district'? A-Bl zoning districts in the Town are., a, ffec,t,e,d,,Oy,,p .rqvisions,,i,nthe .l.aw.. .. . ........................ b. Is the use permitted or allowed by a special or conditional use permit'! Not applicable OYesr"ITslo c. Is a voning change requested as part of the proposed action? E3YesV1No If' Yes, i What is the proposed new zoning for the site,? The Town Code is being amended. This action is not targeted to a particular site, CA Existing community services. a. [it what school district is the project site hicated? Ithaca CitY,,.,Scho,o,[,.D.i,slt.ri.c,t,,,,,, b. What police or other public protection forces serve the project site Tofu irrs.,Q u ty Sheriff, Cornell l)mver Ca u S S fe ,NYS Police c. Which fire protection and emergency medical services serve the project site'? Heights Fire Deparhper1t,.Bangs Ambulance ............... d, What parks serve the project site There are numerous tow pgr4,.p L -1, I fawn that serve thecommur unity in various locations of the town, In addition there are two State Parks Buttermilk Falls S.P. and Robert H Trernan S.P., located within the town, D. Note: Sections D-E are not required to be completed for this action Involving adoption of local laws. 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)? b. a. Total acreage of` the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponscir? acres c, Is the proposed action an expansion of an existing project or use? D YesO 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 subdivision, or does it include a subdivision? EIN'es E]No It'Yes„ i, Purpose or type of" subdivision`? (e.g., residential, industrial, cornmercial,- if mixed, specify types) 1 --111---- . . . ..... .. .. ... ........ ... ii. Is a cluster/conservation layout proposed'? MY es EN) iiL Number of lots proposed? iv. Minimum and maximum proposed lot sizes'? Minimum Maxititurn e. Will proposed action be constructed in multiple phases? E1YesMN() i, lf*No, anticipated period ofconstruction: months iL If Yes: o Total number of phases anticipated 0 Anticipated commencement (late of phase I (including derricilition) month year & Anticipated completion date of trial phase month year _, 0 Generally describe connections or relationships among phases, including any contingencies where progress of'one phase may determine tuning or duration of flature phases: . ... .. .... ... .................. ...... . . . M .............. . e, Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district El YesEl No which is listed on, or has been nominated by the Nor S Board offlistoric preservation for inclusion oil, the State or National Register off-listoric places? If Yes: i. Nature oflustoric/archaeological resource: ElArchaeological Site E111istoric Building or. District ii, Name: hi, Brief description of attributes our which listing is based: ............................................ ...... . ....... ------ jacent to an area designated as sensitive for f Is the prqject site, or any portion of it, located in or adjacent ElYes ON o archaeological sites on the NY State Historic preservation Office (SIII1O) archaeological site inventory? .. . ................... g. Fla re additional archaeological or historic site(s) or, resources been identified oil the project site .. ........ .......... . . ------ ---- E]YesE]No If Yes.. i. Describe possible resource(s): ii. Basisf6ridentificationl- h. Is the protect site within fives miles cif any officially designated and publicly accessible kAeral, state, or local . . ......... RYes]No scenic or aesthetic resource'! IfYes: iIdentify resource: - - -- - -- -- - ---------- --------------------- ---------- ----------------------------------------------- ----- ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or secure byway, etc)` ............... iii, Distance between project and resource: miles, - - - - - - - -------------------------------------------------- - - - ---, . .. ....... . ......... ......... . .......... .... .... ...... . .... ........ .. . ........ . . . ............. . .. ..... . . .. . ......... . . . . ... . r Is the project site located Nvithin a designated river corridor under tire Wild, Scenic and Recreational Rivers . . .. . ....... . .............................................................. . E] Yes[]No Program 6 NYC I RR 666? 1 f Yes: i, Identify the name, of the river all(] its designation: ii. Is the activity consistent with development restrictions contained in 6NN'(,`'RR part 666? . ............ . . . ... E]Yes]No F. Additional Information Attach any additional information which may, be needed to clarify your pro.ject. If you have identified any, adverse impacts which could be associated with your, proposal, please describe those inipacts plus any measures which you propose to avoid or minimize them. G Verification I certify that the information provided is true to tire best of nay knowledge, Applicant/Sponsor Name Rod Howe [)are Signature Tifle Town Supervisor ........... ---------------- ----- Please note that pages 4-12 were not pertinent to this action and were Page 13 (of'Part 1) removed. Agency Use Only [If applicable] 4 Ftill En vironmental Assessment Form Project : hart -Term Rental Local LawArnandmi] Part 2 - Identificalibn of Potential Project Impacts Date - : 11/23123 I 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 question's that can be answered using the information found in Part 1. To further ther assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part I 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. • Reviewany 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 questionconsider 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, ENO EJYES the land surface of the proposed site. (See Part 1. D. 1) If "Yes", answer questions a -f If "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 1:1 ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. Elf 0 El, I c. The proposed action may involve construction on land where bedrock is exposed, or Eta 0 13 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 1:1 0 of natural material. e. The proposed action may involve construction that continues for more than one yeir D l e 1:1 .0 or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q 13 C) 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 1:1 ❑ h. Other impacts: 11 El Page 1 of 10 (of Part 2) 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, ONO' E]YES minerals, fossils, caves). (See Part 1. E.2.g) I I "Yes ", answer questions a If "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: E2g 13 1:1 b. The proposed action may affect or is adjacent to a geological feature listed as a E3c 0 13 registered National Natural Landmark. Specific feature: c; Other impacts: 0 El 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ONO E]YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) "Yes ",-'answer questions a -1. If "No move on to Section 4. Relevant No, or Moderate Part I small to4arge Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b,DIh 13 9 b. The proposed action may result in an increase or decrease of over 10% or more than a D2b 13 El 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 11 El from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h 13 0 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 13 E3 runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c 13 of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d 11 ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e El 13 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 11 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 ❑ 13 around,any water body. k. The proposed action may require the construction of new, or expansion of existing, DIaD2d wastewater treatment facilities. Page 2 of 10 (of Part 2) 1, 6ther impacts: . . . . . ....................................... I .. ............ ................ ........ .. . .......... 4. Impact on groundwater The proposed action may result in new or additional rise of ground water, or WINO FJYES may have the potential to introduce contarnin ants to ground water or an aquifer. (See Part I . D.2.a, D.2,c, D.2.d, 132p, F)2q, D.1t) If"Yes ", ansiver questions a - h, %f"No ", move on to &'clion .5, Relevant No, or Moderate Part I small to large Questiolus) impact impact may, ................. occur . ........... . J.-S.- - a, The proposed action may require new water supply, wells, or create additknial dernand D2c D EJ on supplies ftom, existing water supply wells. ............ ........... ....... . . ..... --1111-1-11-1.1--- . ....... .. ................. ........................... ...... . . . . . . . b. Water supply demand frorn the proposed action may exceed safe and sustainable D2c withdrawal capacity rate of the local supply or aquif�,r. Cite Source: ...... . . ... -- -------- -- . ................. . .. .. .. . .......................... ........ c, The proposed action may allow or result in residential uses in areas without water and Dla,D2c D 0 sewer services. ----- ---- ------ .......... ... .................... .... ........ . ........................... d. The proposed action may include or require wastewater discharged to groundwater, .. . ..... . . ..... . ................. . ....................... . ... . ......... . .......... . ........................................ D2d, E21 0 n e, The proposed action may result in the COuStRiCtiOn of waiter` Supply wells in locations D2c, E If, 11 where groundwater is, or is suspected to be, contaminated. ............................... - ----- E I g, Elh 1'. 'Die proposed action may require the bulk storage offietroleUtu or chemical products E)2p, E21 0 over ground water or an aquifer. g The proposed action may involve the commercial application of pesticides within 100 E21i, D2q, feet of potable drinking water or irrigation S(oUrces, E21, D2c ...._.........._...a.._.___...__ ..............---- It. Other impacts: . . ......... . ............... .. ...... .. ........................ ....... . . . ...... .... ..... ..... .. . ..... .. ... ............ ................. . . . ...... ............ ............. ..... . .......... .............. 5. Impact ran Flooding ------- --- The proposed action rnay result in development on lands subject to flooding. RV NO Yl�'S (See Part I . L2) Y'es-, ansiver q,ue,�Iions "No '", arrive, on lo,S*ection 6, . . ......... Relevant No, or Moderate Part I small to large Question(s) impact impact may ........................... . . . -------- ------ ............ . . . .. . ..... a, The proposed action may, result in development in as designated floodway. ............ . . E2i . ... .............. y result in development within a 100 year floodplain. 1). The proposed action may —.1-11-111, . ..... . .... . ....... ...................... ----------- l'-1 - " Zj tr r 1 c.'The proposed action may result in development within a 500 year floodplain. . ..... ..... . .... . ................ . ... .. ...... f`2k ...... .... 1-3 ........... .. . d. The propose(] action may result in, or require, modification of existing drainage D21.), D2e C1 11 patterns. e, The proposed action may change flood water flows that contribute to flooding. -1 D2b, F2i, ........... `2 k . .......... f If there is a (him located on the site of the proposed action, is the daill it) need of re E l e n grade ............... .. .. . Page 3 of 10 (of Part 2) g. Other impacts: 1 ❑ 6. Impacts on Air The proposed action may include a state regulated air emission source. nV NO ❑YES (See Part 1. D.21, D,2,h, D.2.g) If "Yes answer questions a -f If "No', move on to Section 7. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO,.) D2g 13 ❑ ii. More than 3.5 tons/year of nitrous oxide (N20) D2g ❑ ❑ Hi. 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 OUCs) emissions vi. 43 tons/year or more of methane D2h El ❑ 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 I 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.) ONO ❑YES If "Yes answer questions a J. If "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 Ego ❑ ❑ 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 (of Part 2) . . ... . . ............... ...... . - -------- ---------- . .... . ...... . ......... . ....... .................... ... ..... . .. J eAhe proposed action may dirninisli the capacity of a registered National Natural Be 0 D Landmark to support the, biological community it was established to protect. ........ ... .. .......... . ............ f, The proposed action may result in the renroval of, or ground disturbance in, any E2n portion of as designated significant natural community, Source: ..... ........ . ..... ........ .............. . ... . .......... --------- g over -wintering habitat for the predominant species that occupy or use the protect site. E'21rn The proposed action may substantially interfere witli nesting/breeding, foraging, oi- ..................... ... l.,,.,,, . .... ..... .......... ....... .. h,The proposed action requires the conversion of more than W acres of forest, Ell) grassland or any other regionally or locally important habitat. Habitat type & information source: . . .. ........ .... ... .......... ............ - -- ------- i. Proposed action (commercial, industrial or recreational projects, only) involves use of D2q herbicides or pesticides, ........... j. Other impacts: . . ....... .. ........ ..... ........ .. .. ........... . .. . .. ............... .. .. . ............... 8. Impact on Agricultural Resources . The proposed action may impact agricultural resources. (See part 1. E.3.a. and b) RINO F-I Y r,. s answer yjions a - It move on to S'ection 9, Relevant .............. No, or Moderate Part I small to large Question(s) impact impact may . ......... .................................................... . ............ . .. In ecur .... .... . .... occur ............. . .. . a. The proposed action may impact soil classified within soil group I through 4 of the Etc, E3b NYS Land C ca i f a s n System s i i t 0 rn b. The proposed action may se%�er, cross or otherwise finut access to agricultural land E I a, l�,"Ib D ri (includes cropland, hayfields, pasture, vineyard, orchard, etc). .. . .... . ......... c. "I'lie proposed action may result in the excavation or compaction of the soil profile of fa3la 13 El active agricultural land. .. . ...... . d. The proposed action may irreversibly convert agricultural land to non-agricultural E Ib, F3a 11 EJ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within Agricultural District. .......... . . .............. . ... ....... .......... e. The proposed action may disrupt or prevent installation of all agricultural land El a, Ell) D EJ management systern, ------............... . . .......................... . . . . f The proposed action may, result, directly or indirectly, in increased development C2c, C3, . ............. potential or pressure oil farmland. ...... .. ............. ... . ............... .......... . ... . . . ------------------- - . ......... . D2c, D2d .......... g. The proposed project is not consistent with the adopted municipal Farmland Cc 13 0 Protection Plan. ... . ............. h. Other impacts: . ............. . . . ca 0 Page 5 of 10 (of Part 2) 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in rV-1 NO F]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.) If "Yes answer questions a - g, If "No ", go to Section 10. Relevant No, or Moderate Pdrt 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 E3 El scenic or aesthetic resource. b. The proposed action may result in the obstruction, elimination or significant 133h, C2b 0 11 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) 11 11 ii. Year round 13 13 d. The situation or activity in which viewers are engaged'while viewing the proposed E3h action is: E2q, L Routine travel by residents, including travel to and from work 1:1 El ii. Recreational or tourism based activities Elc El E] e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ 11 appreciation of the designated aesthetic resource. f There are similar projects visible within the following distance of the proposed Dla, Ela, ❑ 13 project: DlfDlg 0-1/2 mile 1/2 -3 mile 3-5 mile 5+ mile g. Other impacts: C1 1-1 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological RV NO FJYES 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 De D 0 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 0 11 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 0 L3 to, an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.fOther impacts: ED Cl if'any of'thc above (a-d) are answered "Moderate to large impact inay.....,,,,,,,__.....__._,._._,......._..,,_,,,,._,,,._,,,,,,.._,., _,,,,,,,__..,., ._._. . e. occur", continue with the following questions to help support conclusions in Part .3: i. The proposed action may result in the destruction or aheration of" all or part Be, E°;3g, D CD of'the site;, or property. E:3f ii, The proposed action may result in the alteration of"the property's setting or 1 psi,. � y 1,�3e, 1.a.._3f', integrity. E 3g, E:, l a, E,lb i.ui. 'Fhe proposed action may result in the introduction cif visual elements which Be,, Eff, ED i._i are out ofcharacter with the site or property, or may alter its setting. E fig, F31a, „t __... ._ 1 � pace and Recreation ) c .... 1 Impact t aa i1 �.�! _...... _......_....__._ __.. ........ _.. .... �E he roposed action may result in as kiss of recreational opportunities or a IV I N) reduction of°aan open space resource as designated in any adopted municipal open space plan. (See fart 1. C;;.2.cw, E.1 c., E.2.c1.) 1 1"e r crrasaa,e r c t!,estio17s cr eF l N'... r Ewa to `,c c ttc t2 1 a % ._ .................. ...... ........ ... .... _ _.....nw.....w....... Relevant No, or Moderate Part I small to large Question(s) impact impact; may anal occur occur aa. The proposed action may result in an impairment cif natural functions„ or "ecosystem D2e, E;,lh services", provided by an undeveloped area, including but not limited to stornawater E 2,h, storage, nutrient cycling, wildlife habitat. E:2m, Ego, 1rr.?._I_... b. The proposed action may result in the lass of a current or future recreational resource. C'2a, E Ic,, .. ................................................4.✓ e M,............................................ c. The proposed auction may ehniinate open space or recreational resource in an area C:2a, C:;2c with few such resources. Etc, F2q d. The proposed action inay result in lass ot`an area now used inf mnally by the C 2c, Etc 17 n community as air open space resource e. Other impacts:.._... ._.......... ,. D n -- ........ . ....... .... _..------- ------ _.www........ .w 12 Impact on Critical Environmental Areas J'he proposed action may be located within or adjacent to a critical WINO YES S environmental area (C:E? ). (See Part 1 F',1(1) 1 E c.s carrsaayc r rrc str+,rrc er c c , "r to Section 1.3,. _.......,......... _._.......µ _ _.,..,....._......_,.._.,. _._ .. _ ......... ...... Relevant No, or Moderate Fart I small to lame Question(s) impact impact naay° _u .......... _.._.. __.._.. ma occur occur a. The proposed auction may result in a reduction in the quantity of"the resource or E?,:3d ,characteristic which was the bases for designation cuf tlaeCF'A .,..._...._...,_._.. ._....................__ ....._._.._...... ......... _.... ..........w.w.._......__. .... b The proposed action may result in as reduction in the quality of'the resource or E 3e1 characteristic which was the basis for designation of'tbe CTA. c. Other impacts: Page 7 of 10 (of Part 2) 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. RV' N 0 YES (See Part 1. D.2j) If "Yes ", answer questions a -_f If "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 El 13 b. The proposed action may result in the construction of paved parking area for 500 or D2j 11 El more vehicles. c. The proposed action will degrade existing transit access. D2j 11 13 d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 13 13 e. The proposed.action may alter the present pattern of movement of people or goods. D2j 0 0 f. Other impacts: 0 0 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. R] NO DYES (See Part 1. D.21) If "Yes ", answer questions a - e. I "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 0 El b. The proposed action will require the creation or extension of an energy transmission D If, 11 ❑ or supply system to serve more than 50 single or two-family residences or to serve a D lq, D2k commercial or industrial use. c. The proposed action may utilize more than 2,500 MWbrs per year of electricity. D2k 13 ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg El 11 feet of building area when completed. e. Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. rV-1 No DYES (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 E) El regulation. b. The proposed action may result in blasting within 1,500 feet of a6y residence, 1)2tr, Eld 0 0 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 0 ❑ 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 area conditions. D2n, El ❑ ❑ f. Other impacts: i 1 ❑ ❑ i 16. Impact on Human Health The proposed action may have an impact on human health from exposure WINO OYES to new or existing sources of contaminants. (See Part 10.2.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 ❑ 11 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 ❑ o 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 ❑ 1:1 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 (of Part 2) 17. Consistency with Community Plans _JNO The proposed action is not consistent with adopted land use plans. FV [:]YES (See Part 1. C. 1, C.2. and C.3.) If "Yes answer questions a - h. If "No go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, D la ❑ El 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 ❑ 11 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 El 0 d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 0 ❑ plans. e. The proposed action may cause a change in the density of development that is not C3, DIc, 0 11 supported by existing infrastructure or is distant from existing infrastructure. DId, DIf, Did, Elb f, The proposed action is located in an area characterized by low density development CA, D2c, D2d that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts (e.g., residential or C2a 13 0 commercial development not included in the proposed action) h. Other: 11 11 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. Ra/ NO [:]YES (See Part 1. C.2, C.3, D2, E.3) If "Yes ", answer questions a - g Lf "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 0 ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 0 ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, D If 11 ❑ there is a shortage of such housing; DIg, Ela d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 0 ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 11 0 character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 13 13 Ela, Elb E2g, 132h g. Other impacts: The proposed local laws will preserve neighborhood and 0 0 community character by establishing limitations to STRs and parameters in whit l nniarntpri STRs can be I L_ PRINT FULL FORM Page 10 of 10 (of Part 21, • _gca'y vac —Any Ilk—FFIRI—Q) Project: hort-Term Rental Local Law Arnendmts Date: 11123123 Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts I and Determination of Significance Part 3 provides the reasons in support of the determination Ofsignificance. 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 involves a Local Law Amending Town Code Chapter 270, Zoning, Article XXVI, Special'Reguations, Regarding Short -Term Rental Regulations. The amendments involve clarifying the applicability section of the regulations, with principle residence requirements for owners and proprietary lease holders associated with cooperatives and language related to house sifters. The amendments also include adding clarifying language to the Operating Permits section and establishing procedures for a Zoning Board of Appeals (ZBA) special approval process for non -conforming short-term rental uses that meet specific ZBA findings. The proposed amendments are procedural and will have no impact on environmental characteristics such as slopes, wetlands, critical environmental areas, streams, traffic, threatened or endangered plant or animal species, or sensitive historic or archaeological sites. Given the analysis above, the proposed action will not result in significant adverse environmental impacts. Determination of Significance - Type I and Unlisted Actions SEQR Status: 21 Type I FlUnlisted Identify portions of EAF completed for this Project: M Part 1 Z Part 2 2] Part 3 Upon review of the infortnation recorded on this EAF, as noted, nluis this additional SUI)II01-1, inforniation A Local Law, Amending Town Code Chapter 270, Zoning, Article XXVI, Special Reguations, Regarding ShortTe"n Rental Use Regulations Associated with Cooperative Corporations, Trusts, and Operating Permits and considering both the magnitude and importance ofeach identified potential irnpacl, it is the conclusion ofthe Town of Ithaca Town Board as lead agency that: .......... . ....... . . ..................... .............. ......... ..................... 2] A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmenud rinpact statement need not be prepared, Accordingly, this negative declaration is issued. [:J 13. Although this project could have a significant adverse inipact on the environment, that impact will be avoided or substantially mitigated because ofthe following conditions which will be required by the lead agency-1 There will, therefore, be no significant adverse impacts from the proJect as conditioned, and, therelore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only fi)r I MASTED actions (see 6 NYC'RR 617.d), El (' .I . This Project may result in one or rnore significant adverse impacts on the environment, arid aria environmental irripact staterrient must be prepared to further assess the impact(s) arid possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Narne ofAction: Enactment of A Local Law Amending Town Code Chapter 270, Zoning, Article XXVI, Special Reguations, Regarding Short Term Rental Use Regulations Associated with Cooperative Corporations, Trusts, and Operating Permits. . . . ..................... ...... . .... ... ........... ---- .. . . ... . .... ........ ........ . ... . .... .... . . . ........ - ..... ....... . . .. . . ............ . . . Name of Lead Agency: Town of Ithaca Narrie of` Responsible Officer in Lead Agency: Rod Howe Title of'responsible Officer.- Town Supervisor Signature of" responsible Officer in Lead Agency 1-1,1te: Si griat Lire of Preparer (if di flerent from, Respons ible (.)If rcer) ChrisfineBalestra�,,', Date: V1 1/23 For Further Information: C lontact person: Christine Balestra Address; 215 N. Tioga Street Telephone Nuo,I)e1-: 607-273-1721, ext, 121 E-mail" cbalestra@town.uthaca.ny.us For Type I Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief` .hiefl`xecutive Officer ofthe political subdivision in which the action will be princil',)ally located (e.g., Town / City / Village on Other involved agencies (ifany) Applicant (ifany) Envir-orwriental Notice Bulletin. PRINT FULL FORM