HomeMy WebLinkAboutTB Minutes 2023-03-13MEETING OF THE ITHACA TOWN BOARD
March 13, 2023
https:Hzoom.us/j/98910958241
AGENDA
1. Call to Order and Pledge of Allegiance
2. Persons to be Heard
YouTube Link
3. Public hearing regarding a proposed local law amending Chapter 270 "Zoning" to amend
certain zoning district regulations associated with detached garage/accessory building size
and height (Attachment 1)
a. SEQR b. Adoption
4. Public Hearing regarding a proposed local law authorizing a monetary gift to support the
City of Ithaca Cass and Stewart Park recreational facilities (Attachment 2)
a. Adoption
5. Consider authorization to Accept Grant Funds for Babcock Ridge Trail Project
6. Update from Sustainability — Green New Deal
7. Consider award of contract for
a. Mechanical Electric and Plumbing Analysis
b. Infiltration and Inflow Northeast Study
8. Consider acceptance of Sanitary Sewer Infrastructure Dedication — Elm St Extension
Subdivision
9. Consider approval of an amended Sprint/T-Mobile lease on Christopher Water Tank
(Attachment 3)
a. SEQR b. Adoption
10. Consider Consent Agenda
a. Approval of Town Board Minutes — None
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point (SCLIWC) Vouchers
d. Appointment of Conservation Board Member - Cantone
e. Acknowledge receipt of Town Court outside audit
f. Approval of job descriptions - Sustainability Planner and Civil Engineer
g. Approval of lease renewal — TC Health Consortium
h. Ratify appointment of Benefits Specialist for CTCMHIC — Rodrigues
i. Approval of listing and disposal of Surplus Vehicles and Equipment
11. Report of Town Officials and Committees
12. Review of Correspondence
MEETING OF THE ITHACA TOWN BOARD
March 13, 2023
Board Members Present: Rod Howe, Supervisor; Members Rich DePaolo, Pamela Bleiwas,
Rob Rosen and Margaret Johnson Absent: Eric Levine and Bill Goodman
Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources;
Marty Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; Paulette Rosa,
Town Clerk; Joe Slater, Director of Public Works; Donna Shaw, Director of Finance; and Dan
Thaete, Director of Engineering
1. Call to Order and Pledge of Allegiance
Mr. Howe opened the meeting at 5:30 p.m.
2. Persons to be Heard — None
3. Public hearing regarding a proposed local law amending Chapter 270 "Zoning" to
amend certain zoning district regulations associated with detached garage/accessory
building size and height
Mr. Howe opened the public hearing; there was no one wishing to address the Board and the
hearing was closed.
Mr. Moseley gave a general overview of the proposed legislation, noting that it went through the
Planning Committee and was initiated due to multiple variance requests on the measurements of
garages and accessory buildings.
TB Resolution 2023 - 049: SEAR- A Local Law Amending Chapter 270 (Zoning) of the
Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages
and Other Accessory Buildings in Certain Zones.
Whereas, this action is the proposed enactment of a "A Local Law Amending Chapter 270
(Zoning) of the Town of Ithaca Code Regarding Height and Square Footage Requirements for
Garages and Other Accessory Buildings in Certain Zones;" and
Whereas, this is an Unlisted Action for which the Ithaca Town Board is the 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 March 13, 2023, has reviewed, and
accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this
action, prepared by the Town Planning staff, now, therefore, be it
TB 2023-03-13 (Filed 2023-03-14) Pg. 1
Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation
Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 1.48
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 — DePaolo, Bleiwas, Howe, Rosen and Johnson
TB Resolution 2023 - 050: Adopt Local Law 7 of 2023 Amending Chapter 270 (Zoning) of
the Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages
and Other Accessory Buildings in Certain Zones.
Whereas, the town received a request to review issues associated with detached garage and
accessory structure sizes and heights to investigate whether they should be increased, due to
frequent requests to the Zoning Board of Appeals for area variances; and
Whereas, at their November 17, 2022 meeting, the Planning Committee discussed the issues and
proposed revisions; and recommended referring the draft proposed revisions to the Town Board
for consideration of approval; and
Whereas, a public hearing was scheduled for March 13, 2023, at 5:30 p.m., to hear all interested
parties on the proposed local law entitled: "A Local Law Amending Chapter 270 (Zoning) of the
Town of Ithaca Code Regarding Height and Square Footage Requirements for Garages and
Other Accessory Buildings in Certain Zones;" and
Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and
Whereas, the public hearing was duly held on the date and time and all parties were permitted an
opportunity to speak on behalf of or in opposition to the proposed local law; and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and
its implementing regulations at 6 NYCRR Part 617, adoption of the local law is an Unlisted
Action for which the Town Board of the Town of Ithaca, acting as lead agency in an
environmental review with respect to adoption of this local law, has, on March 13, 2023, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate the Short Environmental Assessment Form Parts 1, 2 and 3; and
Whereas, the Town Board finds that the amendments to the Town Code will further the health,
safety, and general welfare of the community and is in accordance with the Comprehensive Plan;
now therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law 7 of 2023: A
Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code Regarding Height and
Square Footage Requirements for Garages and Other Accessory Buildings in Certain Zones.
TB 2023-03-13 (Filed 2023-03-14) Pg. 2
Moved: Pamela Bleiwas Seconded: Rob Rosen
Vote: ayes — Bleiwas, Rosen, Howe, DePaolo and Johnson
4. Public Hearing regarding a proposed local law authorizing a monetary gift to support
the City of Ithaca Cass and Stewart Park recreational facilities
Mr. Howe opened the public hearing; there was no one wishing to address the Board and the
hearing was closed.
Mr. DePaolo noted that additional discounts and services are now available to Town residents,
due to the increase in support.
Mr. Howe added that the City will be tracking Town residents' use of the facilities and programs
as best they can for an end of year report.
TB Resolution 2023 - 051: Adoption of Local Law 8 of 2023, "Authorizing a monetary gift
to the City of Ithaca to support Cass Park and Stewart Park recreational facilities
Whereas, the Town Board discussed the need for monetary support for the Cass Park and Stewart
Park Recreational Facilities during its budget process, and
Whereas, the Town Board adopted a budget for 2023 including an amount of $100,000.00 for a
contribution towards City Parks, of which approximately $62,000 would result in a special benefit
to Town residents, but the remainder would be considered a gift, and
Whereas, pursuant to the Town's New York State Municipal Home Rule powers, a local law may
be adopted to authorize the Town to make a gift to another municipality where the gift furthers a
public purpose of the Town, and
Whereas, a public hearing was duly set, advertised then held on March 13, 2023, and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its
implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
approval of the local law is a Type II action because it constitutes "routine or continuing agency
administration and management, not including new programs or major reordering of priorities that
may affect the environment," and thus approval of the local law is not subject to review under
SEQRA, now therefore be it
Resolved that the Town Board adopts Local Law 8 of 2023 "Authorizing a monetary gift to the
City of Ithaca to support Cass Park and Stewart Park recreational facilities."
Moved: Margaret Johnson Seconded: Rich DePaolo
Vote: ayes — Johnson, DePaolo, Howe, Bleiwas, and Rosen
TB 2023-03-13 (Filed 2023-03-14) Pg. 3
5. Consider authorization to Accept Grant Funds for Babcock Ridge Trail Project
No comments or questions.
TB Resolution 2023 - 052: Authorization to Accept Grant Funds from NYS Office of Parks,
Recreation and Historic Preservation for the Babcock Ridge Trail at Culver Road Preserve
Whereas, the Town of Ithaca applied for financial assistance from the New York State Office of
Parks, Recreation and Historic Preservation (OPRHP) under the Environmental Protection Fund
Grant Program for Parks, Preservation and Heritage for the purpose of funding the development
of the Babcock Ridge Trail at Culver Road Preserve; now, therefore be it
Resolved, that the Town of Ithaca is authorized and directed to accept these grant funds in an
amount not to exceed $211,275.00 for the project described in the grant application;
Resolved, that the Town of Ithaca is authorized and directed to agree to the terms and conditions
of the Master Contract with OPRHP for such development of the Babcock Ridge Trail at Culver
Road Preserve;
Resolved, that the Town of Ithaca is authorized and directed to agree to the terms and conditions
of any required deed of easement granted to OPRHP that affects title to real property owned by
the municipality and improved by grant funds, which may be a duly recorded public access
covenant, conservation easement, and/or preservation covenant;
Resolved, that the governing body of the municipality delegates signing authority to execute the
Master Contract and any amendments thereto, any required deed of easement, and any other
certifications to the Town Supervisor.
Moved: Rod Howe Seconded: Rob Rosen
Vote: ayes — Howe, Rosen, DePaolo, Bleiwas and Johnson
6. Update from Sustainability — Green New Deal
Mr. Goldsmith gave an overview of efforts and future actions to reach our GND Goals.
Mr. DePaolo asked if adjustments due to population growth that happens in the years while we
are enacting steps to achieve the goals are made to the calculations in greenhouse emissions.
Mr. Goldsmith responded that it is not, and the base numbers are from 2010 levels. He added that
an adjustment could be made if the growth was significant.
Board members discussed the desire to have a graphic of some sort to show our progress towards
the goal both for them and the public.
TB 2023-03-13 (Filed 2023-03-14) Pg. 4
Board members thanked Mr. Goldsmith for his efforts over the past years in advocating and
working toward reducing the Town's emissions and wished him success in his new position.
7. Consider award of contracts:
Mr. Thaete gave a brief overview of the contracts and the timing of the I&I study noting that the
results will inform the town on capacity issues and availability for future development as outlined
in the Comprehensive Plan.
TB Resolution 2023 - 053: Authorization to Award Contract for the Public Works Facility
Mechanical, Electrical, and Plumbing (MEP) Analysis Project
Whereas on March 2, 2023, the Director of Engineering (Director) received proposals for the
Town of Ithaca Public Works Facility Mechanical, Electrical, and Plumbing (MEP) Analysis
Project (Project), and
Whereas LaBella Associates DPC has adequately outlined related work experience, project
objectives, and timelines that meet and/or exceed our expectations, and
Whereas the Town Engineer and staff have reviewed the proposal and qualifications of the firm,
contacted past clients and has recommended that the Town Board select the proposal of $15,540
(Part A) for the study made by the firm of LaBella Associates DPC, which is a responsive and
qualified proposal, and
Whereas Part B of the proposal may be considered for award at a later date based on the findings
of Part A, now, therefore, be it
Resolved that the Director is authorized to approve contract amendments, without further
authorization from the Town Board, provided the maximum amount of such amendments does not
exceed $2,000 in aggregate, and be it further
Resolved that the Town Board authorizes the award and execution by the Supervisor of a
contract for Part A of the Project to LaBella Associates DPC, 105 North Tioga Street, Ithaca, NY
14850, subject to review by the Attorney for the Town.
Moved: Rob Rosen Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Rosen, Bleiwas and Johnson
TB Resolution 2023 - 054: Authorization to Award Contract for an Infiltration and Inflow
Northeast System Study
Whereas on. March 6, 2023, the Director of Engineering (Director) received proposals for the
Town of Ithaca Infiltration and Inflow Northeast System Study (Project), and
TB 2023-03-13 (Filed 2023-03-14) Pg. 5
Whereas Larson Design Group has adequately outlined related work experience, project
objectives, and timelines that meet and/or exceed our expectations, and
Whereas the Town Engineer and staff have reviewed the proposal and qualifications of the firm,
contacted past clients and has recommended that the Town Board select the proposal of
$95,250.00 (Part A) for the study made by the firm of Larson Design Group, which is a
responsive and qualified proposal, and
Whereas Part B of the proposal may be considered for award at a later date based on the findings
of Part A, now, therefore, now therefore be it
Resolved that the Ithaca Town Board authorizes the award and execution by the Supervisor of a
contract for Part A of the Project to Larson Design Group, 8836 State Route 434, Appalachian,
NY 13732, subject to review by the Attorney for the Town.
Moved: Rich DePaolo Seconded: Rob Rosen
Vote: aye - Howe, DePaolo, Bleiwas, Rosen and Johnson
8. Consider acceptance of Sanitary Sewer Infrastructure Dedication — Elm St Extension
Subdivision
No comments or questions.
TB Resolution 2023 - 055: Acceptance of dedication of Sanitary Sewer Infrastructure
associated with the 3-lot Subdivision at 519 Elm St Extension
Whereas, the Town of Ithaca Planning Board has granted Preliminary Site Plan Approval for the
proposed 3-lot subdivision located at 519 Elm St Extension, Medium Density Residential Zone,
on March 16th, 2021, by PB Resolution 2021-008. The project involved subdividing the 8.2-acre
parcel into three lots (Parcel A -I is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11
acres). The project also involved a private shared access road to serve the new parcels and an
existing parcel, stormwater facilities, and connections to public water and sewer facilities. David
and Sarah Locke Mountin, Owners/Applicants.
Whereas, the Town of Ithaca Planning Board has granted Final Site Plan Approval for the project,
on. October 5th, 2021, by PB Resolution 2021-024.
Whereas, the Town Board accepted the concept and location of utilities associated with the Project
by TB Resolution 2022-085; and
Whereas, the sanitary sewer infrastructure has been completed in a manner satisfactory to the
Town Highway Superintendent and the Director of Engineering: and
TB 2023-03-13 (Filed 2023-03-14) Pg. 6
Whereas, the Project proposed dedication to the Town of Ithaca the public sanitary sewer
infrastructure as shown on the "As -Built" plan titled "519 Elm Street Subdivision", dated February
15th, 2023; prepared by Steven John. Arthur Maybee, P.E.; and
Whereas, the Attorney for the Town has reviewed and approved the title and easements
associated with the dedication of the infrastructure to the Town; said easements being filed as
instrument 2022-07529 and 2022-07531 with the Tompkins County Clerk, now therefore be it
Resolved, that the Ithaca Town Board hereby accepts the dedication of the above -described
public sanitary sewer infrastructure from David and Sarah Locke Mountin.
Moved: Rod Howe Seconded: Margaret Johnson
Vote: ayes — Howe, Johnson, DePaolo, Rosen and Bleiwas
9. Consider approval of an amended Sprint/T-Mobile lease on Christopher Water Tank
Mr. Howe explained that these types of leases are very complicated, especially as we work
toward revising our telecommunications laws and many departments and counsel have been
involved in the review and writing of the lease to get it before the Board tonight.
TB Resolution 2023 - 056: SEAR- Approval of Amendment No. 2 to Communications Site
Lease Agreement for the Christopher Water Tank
Whereas, this action is the adoption of Amendment No. 2 to a Communications Site Lease
Agreement between the Town of Ithaca and SprintCom LLC which involves the replacement and
installation of telecommunications antennas and equipment on the Christopher Circle/Lane Water
Tank; and
Whereas, this is an Unlisted Action for which the Ithaca Town Board is acting in an
uncoordinated environmental review with respect to the proposed amendment; and
Whereas, the Town Board, at its regular meeting held on March 1.3, 2023, has reviewed, and
accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this
action, prepared by the Town Planning staff, now, therefore, be it
Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation
Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148
Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as
proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF
Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required.
Moved: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes — DePaolo, Bleiwas, Howe, Rosen and Johnson
TB 2023-03-13 (Filed 2023-03-14) Pg. 7
Mr. Moseley explained the process, noting that TMobile needed the lease prior to submitting a
building permit application for the installation/removal of the antennas and further review will
happen at that time by his department.
TB Resolution 2023 - 057: Approval of Amendment No. 2 to Communications Site Lease
Agreement for the Christopher Water Tank
Whereas, on November 22, 2002, the Town Board adopted TB Resolution No. 2002-178,
Authorizing the Execution of an Agreement with Independent Wireless One for the Installation of
Telecommunications Antennae on the Christopher Lane Water Tank, and
Whereas, on November 10, 2014, the Town Board adopted TB Resolution No. 2014-182, Approval
of the Amendment No. 1 to Communications Site Lease Agreement Regarding the Christopher
Tank Replacement; Amendment No. 1 identified and allowed the relocation of Independent
Wireless One Leased Realty Corporation's telecommunications facilities (including the additions
of previously approved antennas) and site easements from the original Christopher Circle/Lane
water tank onto the new water tank at the same approximate location (the "Premises"), and
Whereas, SprintCom. LLC, which is the successor -in -interest to Independent Wireless One Leased
Realty Corporation, wishes to modify its installation on the Premises by replacing six antennas and
adding three additional antennas, two equipment cabinets and related communications
appurtenances (all of which have been previously authorized and approved by the Town) to its
existing facilities on the Premises, and
Whereas, proposed Amendment No. 2 to Communications Site Lease Agreement sets forth the
design and location of SprintCom LLC's proposed modified facilities and provisions related to
same, and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its
implementing regulations at 6 NYCRR Part 617, approval of Amendment No. 2 to Communications
Site Lease Agreement is an Unlisted action for which the Town Board of the Town of Ithaca, acting
as lead agency in an environmental review with respect to said approval, has on March 13, 2023,
made a negative determination of environmental significance, after having reviewed and accepted
as adequate the Short Environmental Assessment Form Parts 1, 2 and 3 prepared by the Town's
Planning staff, now therefore be it
Resolved, that the Town Board does hereby approve and authorize the Town Supervisor to sign
Amendment No. 2 to Communications Site Lease Agreement on behalf of the Town, subject to
the approval of the Attorney for the Town.
Moved: Rob Rosen Seconded: Pamela Bleiwas
Vote: ayes — Rosen, Bleiwas, Howe, DePaolo and Johnson
10. Consider Consent Agenda
TB 2023-03-13 (Filed 2023-03-14) Pg. 8
TB Resolution 2023 - 058: Adoption of Consent Agenda
Resolved that the Consent Agenda is hereby adopted:
a. Approval of Town Board Minutes — None
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point (SCLIWC) Vouchers
d. Appointment of Conservation Board Member - Cantone
e. Acknowledge receipt of Town Court outside audit
f. Approval of job descriptions — Sustainability Planner and Civil Engineer
g. Approval of lease renewal — TC Health Consortium
h. Ratify appointment of Benefits Specialist at GTCMHIC — Rodrigues
i. Approval of listing and disposal of surplus vehicles and equipment
Moved: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes — Howe, Bleiwas, DePaolo, Rosen and Johnson
TB Resolution 2023 — 058b: Town of Ithaca Abstract No. 5 for FY-2023
Resolved that the Town Board authorizes payment for the following audited vouchers:
VOUCHER NOS. 60 —118
General Fund Town Wide
50,934.1.6
General Fund Part -Town
3,859.30
Highway Fund Town Wide DA
33,385.09
Highway Fund Part Town DB
43,943.89
Water Fund
636,264.54
Sewer Fund
71.0,659.22
Fire Protection Fund
8,299.39
Forest Home Lighting District
23.84
Glenside Lighting District
12.13
Renwick Heights Lighting District
12.05
Eastwood Commons Lighting District
12.29
Clover Lane Lighting District
2.76
Winner's Circle Lighting District
5.94
Burlei h Drive Lighting District
9.60
West Haven Road Lighting District
25.96
Coddin ton Road Lighting District
17.49
TOTAL
1,487,467.65
TB Resolution 2023 - 058c: Bolton Point Abstract
Resolved, that the governing Town Board hereby authorizes the payment of the following audited
numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission:
Voucher Numbers: 66-11.5
TB 2023-03-13 (Filed 2023-03-14) Pg. 9
Check Numbers: 20784-20833
Capital Impr/Repl Project
$
62,1.50.48
Operating Fund
$
77,619.89
TOTAL
$
139,770.37
Less Prepaid
$
-17,247.68
TOTAL
$
1.22,522.69
TB Resolution 2023 - 058d: Appointment of Conservation Board Member
Resolved, that the Town Board appoints Frank Cantone, 113 Park Lane, Ithaca, to the
Conservation Board, Regular Member, with the term ending December 31, 2024.
TB Resolution 2023 - 058e: Acknowledge receipt of outside audit of Town Courts
Resolved that the Town Board acknowledges receipt of the independent outside audit of Town
Courts for 2022.
TB Resolution No. 2023 - 058f. Approval of Revised Job Descriptions
Whereas, the Personnel and Organization Committee reviewed the revisions made to the
Sustainability Planner and Civil Engineer job descriptions to bring them up to date and
recommend approving the revised job descriptions; now, therefore, be it
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the revised job
description for Sustainability Planner and Civil Engineer.
TB Resolution 2023 — 058g: Authorization for the Town Supervisor to sign lease agreement
with Greater Tompkins County Intermunicipal Health Insurance Consortium
Whereas the Greater Tompkins County Intermunicipal Health Insurance Consortium
(Consortium) has a current lease with the Town of Ithaca that is a renewable annually on March
31 s ; now, therefore, be it
Resolved that the Town Board authorizes the Town Supervisor to execute the revised lease
agreement for effective April 1, 2023.
TB Resolution No. 2023 - 058h: Ratify Permanent Appointment of Benefits Specialist at
GTCMHIC.
Whereas, the Executive Committee of the Greater Tompkins County Municipal Health Insurance
Consortium (GTCMHIC), approved the permanent appointment of Kylie Rodrigues to the title of
Benefits Specialist, from the eligible listing, effective, February 14, 2023; now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC's permanent
appointment of Kylie Rodrigues to the title of Benefits Specialist with no change in current
TB 2023-03-13 (Filed 2023-03-14) Pg. 10
compensation or benefits, retro-active to February 14, 2023, with a twenty-six (26) week
probationary period applies with no further action if there is successful completion of the
probationary period as I by the Executive Director.
Whereas, certain iterns have become surplus/no longer needed by the Town and are ready to be
listed on a municipal online auction hosted by Auctions International based in East Aurora, NY,
and
Whereas, the surplus equipment is:
0 (1) 2013 Ford Escape (Fleet # 24)
* (1) 2016 Ford F-250 (Fleet # 63)
K I ITO IN I I I NOW I M I= I I EMESMAN I I N I IM WAV I I I IS I I No I III $gs,, 'Igo 11W.ImO&I
77=71 =TMTT"==Mq #7rCZT7TrTt propouia
completed shortly.
12. Review of Correspondence — None
I mr, I M Ou Liu I'm ff F" I gj I -Al I Van 9
'Motion made by Mr. Howe at 6:35p.m. to reenter public session, seconded by Mr. DePaolo,
Unanimous.
The meeting was adjourned at 6:36 p.m. upon motion by Mr. Howe, seconded by Mr. DePaol
Unanimous. I
WAR
Paulette Rosa, Town Clerk
TB 2023-03-13 (Filed 2023-03-14) Pg. 11
TO7111 OF ITj&ACA
AFFIDAVIT OF POSTING AND PUBLICATIO1
1, Becky Jordan, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County,
New York; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of
Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal:
D ADVERTISEMENT/NOTICE Public flotice
I NOTICE OF PUBLIC HEARING
I
03/06/2023 NOTICE OF ESTOPPEL
NOTICE OF ADOPTION
,Mel
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: March 6, 2023
Date of Publication: March 6, 2023
Becky Jorda
Deputy T11(dw-111),lerk
STATE OF NEW YORK)
-Wk
of March 2023.
Aary kPi
ABBY L HOMER
Notary Public,, State of New York
No 01HO6086106
oualified in Cortland County ;n
(Iommisswon Expires Jan 13, 20_
Town of Ithaca Public Hearings The Town Board will
hold public hearings at its meeting on March 13, 2023
at Town Hall, 215 N. Tioga St., beginning at 5:30 p.m.
regarding: 1. A proposed local law amending Chapter
270, Zoning, to amend certain zoning district
regulations associated with detached
garage/accessory building size and height, and 2. A
proposed local law authorizing a monetary gift to the
City of Ithaca to Support Cass Park and Stewart Park
recreational facilities At such time and place, all
persons interested in speaking in favor or against the
proposed legislation will be heard. Draft legislation is
available on the Town of Ithaca website and the
meeting will be broadcast by Zoom for your
convenience. Paulette Rosa Town Clerk 3/6/2023
Attachment I
TOWN OF ITHACA
LOCAL LAW NO.7 OF THE YEAR 2023
A LOCAL LAW AMENDING CHAPTER 270 (ZONING) OF THE TOWN OF ITHACA CODE
REGARDING HEIGHT AND SQUARE FOOTAGE REQUIREMENTS FOR GARAGES
AND OTHER ACCESSORY BUILDINGS IN CERTAIN ZONES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning) of the Town of Ithaca Code, §§ 270-59, 270-70, and
270-81, each titled "Height limitations," are each amended by replacing the sentence "Other
accessory buildings shall not exceed 15 feet in height" with the following sentence:
"Other accessory buildings shall not exceed 20 feet in height."
Section 2. Chapter 270 (Zoning) of the Town of Ithaca Code, §§ 270-17G, 270-46H,
270-60F, 270-7 IF, and 270-82F (each titled "Garages" under their respective "Yard regulations"
section) are each amended by replacing the sentence "All detached garages in the aggregate shall
not exceed a total of 600 square feet in size" with the following sentence:
"All detached garages in the aggregate shall not exceed a total footprint of 780
square feet in size."
Section 3. Chapter 270 (Zoning) of the Town of Ithaca Code, §§ 270-56 and 270-68,
both titled "Permitted accessory buildings and uses," are both amended by deleting Subsection C
and replacing it with the following:
"C. Up to three accessory buildings other than a garage or a building occupied by
a detached accessory dwelling unit, all such accessory buildings in the
aggregate not to exceed a total footprint of 600 square feet in size unless the
lot is three acres or larger, in which event the aggregate area of the accessory
buildings may not exceed a total footprint of 2,000 square feet."
Section 4. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca
Code," § 270-16 (Height limitations) is amended by replacing the sentence "Other
nonagricultural accessory buildings shall not exceed 15 feet in height" with the following
sentence:
"Other nonagricultural accessory buildings shall not exceed 20 feet in height."
Section 5. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca
Code," § 270-29D (Permitted accessory buildings and uses) is amended by replacing the
sentence "If the principal use is as a one- or two-family dwelling, up to three accessory
buildings, all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet
in size" with the following sentence:
Adopted 2023-03-13
Attachment I
"If the principal use is as a one- or two-family dwelling, up to three accessory
buildings, all such accessory buildings in the aggregate not to exceed a total
footprint of 1,500 square feet in size."
Section 6. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town
of Ithaca Code, is amended as follows:
A. § 270-43 (Permitted accessory structures and uses): Delete Subsection C and replace
it with the following:
"C. Up to two accessory buildings other than a garage, all such accessory
buildings in the aggregate not to exceed a total footprint of 600 square feet in
size."
B. § 270-45 (Height limitations): Delete the last sentence and replace it with the
following sentence:
"Accessory buildings shall in no case exceed 20 feet in height."
Section 7. Chapter 270 (Zoning), Article X High. Density Residential Zones) of the
Town of Ithaca Code, § 270-79 (Permitted accessory buildings and uses) is amended by deleting
the first sentence in Subsection C and replacing it with the following sentence:
"C. Up to three accessory buildings other than a garage, all such accessory
buildings in the aggregate not to exceed a total footprint of 800 square feet in
size unless the lot is three acres or larger, in which event the aggregate area of
the accessory buildings may not exceed a total footprint of 2,000 square feet."
Section 8. 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 9. This local law shall take effect immediately upon filing with the New York
Secretary of State.
Adopted 2023-03-13 2
Attachment 2
TOWN OF ITHACA
LOCAL LAW NO. 8 OF THE YEAR 2023
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Authorization. This local law is adopted pursuant to New York
Municipal Home Rule Law § I0(1)(i), which grants local governments the power to adopt local
laws not inconsistent with the New York State Constitution or any general law, relating to their
property, affairs or government. The New York State Constitution, Article VIII, § I does not
prohibit municipalities from making gifts to or in aid of public entities for public purposes.
Section 2. Purpose. The purpose of this local law is to authorize the Town of Ithaca
to make a gift to the City of Ithaca to support the City's Cass Park pool and skating rink, and the
City's recreational facilities at Stewart Park. The Town of Ithaca intends to give the City of
Ithaca One Hundred Thousand Dollars ($100,000.00) in 2023 to support these facilities, which
are used by Town of Ithaca residents and serve a Town of Ithaca public purpose. In exchange,
the City of Ithaca will offer Town of Ithaca residents a discount on recreation programs valued at
approximately Sixty-two Thousand Dollars ($62,000). This law authorizes the Town of Ithaca to
make a gift to the City of Ithaca to the extent the Town's payments to the City exceed the
monetary benefit of the discounts received by Town residents.
Section 3. Gift to City of Ithaca. Upon execution of a Memorandum of
Understanding between the Town of Ithaca and the City of Ithaca, the Town of Ithaca is
authorized to make a gift to the City of Ithaca, pursuant to the Memorandum of Understanding's
terms, in the amount and for the purposes described in Section 2 above.
Section 4. Partial Invalidity. 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 5. Effective Date. This local law shall take effect immediately upon its
filing with the New York Secretary of State.
Adopted 2023-03-13
RECEIVED
Short Environmental Assessment Form JUL 12 2021
Part I - Project Information 7OWN OF f'THACA
PLANNING
Instructions for Completin
Part I — �Iroject Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, 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 iterri, please answer as
thoroughly as possible based on current information,
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item,
Part 1 --- Project and Sponsor Information
Name of Action or Project:
SPRINT I T-MOBILE ANTENNA FACILITY MODIFICATION
'122 CHRISTOPHER LANE, ITHACA, NY
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone! 860-670-9068
MARK ROBERTS (AGENT) F-Mail: Marf(,Roberts@QCDevelopmerit,net
address:.. ........... .... . - - ---- . . . ...... ...... . ... ....... ... ............
PO BOX,916
— ----------------- ......... . .... . . ........................ ....... . . . ...........
City/PO: State: zip I
STORRS 06268
F-boes the pro —posed action only —involve —the —legislative adoption of a plan, local law, ordinance, NO YES
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, confinue to question 2, E El
Y7, do—e-s the proposed action require a permit, approval or funding from any other government Agency''? — --- - ----
NO YES
If Yes, list agency(s) name and permit or approval. TOWN OF ITHACA SITE PLAN APPROVAL& BL"L DING PERMIT
� mended lease agreement - Town of Ithaca Board El Z
I. a. Total acreage of the site of the proposed ac-t='1. nacres
b. Total acreage to be physically disturbed? < 1/10th acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? < 1110th affes
4(,,,heck all land uses that occur on, are adjoining or near the proposed action:
5, El Urban 0 Rural (non-agric-lt-,re) 0 Industrial 0 Commercial 23 Residential (suburban)
El Forest E] Agi4--h—
[:] ' qua" - El Other(Specify):
Page I of 3
5. Is the proposed action, NO
� YES
N/A
a, A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
.............. . ............. .. ............
.. . . ...... .... .
. . ...... .
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
NO
YES
. ....................... . ........ ...
T`—Ts the site ofthe proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
........... . .. . .
NO
YES
If Yes, identify:
- — -------------
- - -----
S. a, Will the proposed action result in a substantial increase in traffic above present levels?
NO
......... .
YES
.... ...
b. Are public transportation services available at or near the site of the proposed action?
c. Are any, pedestrian accommodations or bicycle routes available on or near the site of the proposed
RI
............
El
action?
... .... ..... . .....
9. Does the proposed action meet or exceed the state energy code requirements?
NO
.........
YES
If the proposed action will exceed requirements, describe design features and technologies:
..... ...
.............
...... ....... .
............... . ...... . ..... ....... - .......... .. . .................. . . .........
El
. . ............. .. . ....... ................ ....
M Will the proposed action connect to an existing public/private water supply?
NO
YES_
If No, describe method for providing potable water: w.
N/A
. .. .. .. .. .. .. .. .. ..
IL Will the proposed action connect to existing wastewater utilities?
NO
YES
If No, describe method for providing wastewater treatment:
NIA
----- ------ - ...... - --------
- --- - - ----------- .......
a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
No
YES
which is listed on the National or State Register of Historic Places, or that has been determined by the
Commissioner the NYS Office Parks, Recreation Historic Preservation be for
of of and to eligible listing on the
State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
...........
a, )es any portion of the site of the proposed action, or lands adjoining the proposed action, contain
..... .
No
........ .....
YES
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically, alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
............................... . ...........
. ..........
Page 2 ol'3
EE��� Pa,ge 3 of
EAF Mapper Summary Report Wednesday, July 7, 2021 2:28 M
Disclainner' The EAF Mapper is a screening tool Intended to assist
7 ' 2 -1-3, � 7 project sponsors and reviewing agencies in preparing an environmental
72 - 1 -8 1 assessment form (EAF). Not all questions asked In the EAF are
1-54 answered by the EAF Mapper, Additional information on any EAF
72 1 -3, 8 - question can be obtained by consulting the EAF Workbooks. Although
(2 -1 8,2 the EAF Mapper provides the most up-to-date digital data available to
72 -11 l9 �(jj .1-53 DEC, you may also need to ran [act local or other data sources in order
to obtain data not provided by the Mapper. Digital data is not a
substitute for agency determinations.
72-1-11 70 -1-52
.. ...... ... ... otta"'a '�A Ono oaf
72;-11110 7b, 1 -51 2
Ithaca 72 -1 1,,Q 7 2 - 11 91
1-51 1 Tolonto
Alb any
70, -1 -5
71 -1 -27
7 71 -�-2 71 1 2 6
70,-1 -4� ew York
71 -I-V
71 1 2 6 piltsburp
aj� 11"Joki"tEnTip rlKaii', ESH'i aj�atj't'A Ell, Esn China ll-lorh'.j k6fii rl C hhhll'T'Ung KoiyAEsn pjq� VAN P an-Esh.tapin Wn,Es
C ,N GCC eetIvial) allVIA (AISJJ5�er IM18 L.1 rk00penSteeVv1ap contAb%%j, ie GIB 'y
Part I / Question 7 [Critical Environmental No
Area]
Part 1 / Question 12a (National or State No
Register of Historic Places or State Eligible
Sites]
Part 1 / Question 12b [Archeological Sites] No
Part 1 / Question 13a Metlands or Other
Regulated Waterbodies]
Part 1 1 Question 15 [Threatened or
Endangered Animal]
Part I / Question 15 [Threatened or
Endangered Animal - Name]
Part 1 / Question 20 [Remediation Site]
Im
&M
ME=
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
Agency Use Only [If applicable]
Project: Sprint/TMobile Equipment
Date: March 13, 2023
Short Environmental Assessment Form
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept "Have my responses been reasonable considering the scale and context of the proposed action?"
No, or
Moderate
small
to large
impact
impact
may
may
occur
occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
Fv-1
El
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
❑�
❑
3. Will the proposed action impair the character or quality of the existing community?
❑�
El
4. Will the proposed action have an impact on the environmental characteristics that caused the
RI
F-1
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
❑✓
❑
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Paget of 2
A, eaacy Use Only [If Mplicablel
Project: SprinttTMobile Equipmer
Date: March 13, 2023
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered "moderate to large impact May OCCUr", or if there is a need to explain why a
particular element ofthe proposed action may or will not result in asignificant adverse environmental impact, please
COMplete Part w3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Fach Potential irnpact should be assessed considering its setting,
probability of occurring, durition, irreversibility, geographic scope and magnitude, Also consider the potential for short.-
terin, long-term and cumulative impacts.
on the Town of Ithaca owned Christopher Lane water tank property. The structures will be placed Inside an existing
fenced compound. The additional cabinets will be placed on an existing concrete pad that contains other equipment
cabinets and structures associated with the telecommunications use.
There Is minimal site disturbance expected with this project. The areas to be disturbed have been previously disturbed
and are maintained as gravel and grass. The applicant will utilize an existing access drive to enter the site. There Is
adequate parking and space for the proposed construction. The site is flat, and does not contain any streams,
wetlands, Unique Natural Areas, or historical or archaeological resources. Impacts related to construction will be
temporary.
Trom adjacent properties.
isk
. .......... . .
Check dais box ifyou have deterntined, based on the information and analysis above , and any supporting docurnentation,
that the proposed action may result in one or more potentially large or sig)nficant adverse invacts and an
environmental impact statement is required.
WCheck this, box ifyou have determined, based on the infionnation and analysis above, and any supporting documentation,
that the Proposed action will not result in any significant adverse environuet6 intp
Town of Ithaca Town Board
Name of I,ead Agency
Rod Howe Town Supervisor
Print orType:0une xd sp ib flicer in Ixad Agency T'itleot'ResponsibleOfficer
Christine Halestra, Planner
'R -orn Responsible Officer)
Signature of" p)n. leoffi cri LeadAgeney-- Signature ol"Preparer (if different 11
February 2023 Code Enforcement Report to Town Board
Analytics
Fifter Result�s
Cadi� Enforcernen... -
it 02/01/2()23 t-.1
Totals
r-% 115 340
A "Record" is all the following:
V All Building Permit Types
V All Operating Permit Types
V Complaints
V Contractor Registrations
V Fire Safety Inspection Request Forms
V TCO Request Forms