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HomeMy WebLinkAboutTB Minutes 2023-02-13MEETING OF THE ITHACA TOWN BOARD February 13, 2023 This meeting will also be on ZOOM (ID 98910958241) and YouTube Link for your convenience. - HN-ON - 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard 3. Public hearings regarding a proposed local law authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities (Pulled) i. Adoption. 4. Public hearing regarding a proposed Public Interest Order - 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 Phase 3 Boiler Replacement Sewer Improvement Area i. Adoption 5. Public hearing regarding a proposed local law amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to add Inlet Valley Overlay District provisions and to include certain lands along or near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District (Attachment 1) i. SEQR ii. Adoption 6. Public hearing regarding a proposed local law amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article VIII entitled "Infrastructure Exemption" (Attachment 2) i. Adoption 7. Public hearing regarding a proposed local law amending Chapter 239 of The Town of Ithaca Code, titled "Taxation," by adding Article IX titled "Capital Improvement Exemption" (Attachment 3) i. Adoption 8. Public hearing regarding a proposed local law amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article X titled "Members of Volunteer Fire Companies and Ambulance Services Exemption" (Attachment 4) i. Adoption 9. Public hearing regarding the proposed acquisition of real property associated with the future extension of the Black Diamond Trail in the Inlet Valley area (Attachment 5) i. SEQR ii. Adoption 10. Consider setting a 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 11. Consider authorization for the Supervisor to execute an easement associated with the Forest Home #1 Pump Station Sewer Improvement Project 12. Consider authorization for appraisal services for the NYSEG easement associated with the potential extension of the South Hill Recreation Way 13. Consider approval of the Public Works Facility Fuel Station Improvement Project, subject to permissive referendum 14. Consider Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Appointment to Tompkins County Environmental Council e. Appointment to the Zoning Board of Appeals i Appointment to Planning Board member and alternate g. Approval of speed reduction request for Cornell Campus Town Roads h. Approval of Surplus Equipment to go to Auction i. Ratify appointment of Senior Water treatment Operator (Bolton Point) j. Approval of fee waiver for open space acquisition 15. Report of Town Officials, Committees, and review of Correspondence Adjournment MEETING OF THE ITHACA TOWN BOARD February 13, 2023 Minutes Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill Goodman, Pamela Bleiwas, and Margaret Johnson Absent: Rob Rosen 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 called the meeting to order at 5:30 p.m. 2. Persons to be Heard Bruce Brittain spoke, discussing the Pleasant Grove force main and his concerns regarding its placement. (Attachment 1) Seth Bensel spoke and read a prepared statement regarding their concerns about the planned replacement of the streetlight in front of their house. (Attachment 2) Mr. Howe noted that there are issues with the sound system that are making the broadcast to ZOOM and YoutTubeLive inaudible, but the Members in the room can hear. He added that there were several inaccuracies in Mr. Bensel's statement that he was not going to address right now, but there were several and the Deputy Town Supervisor will back him up in that statement. Mr. Bensel attempted to engage the Board in a back -and -forth and Mr. Howe responded that Persons to be Heard is not for that. Elizabeth Sanders addressed the Board regarding the same streetlight, saying that there were numerous articles and studies done on the negative effects of streetlights and LED lighting. 3. Public hearing regarding a proposed local law authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park recreational facilities — PULLED 4. Public hearing regarding a proposed Public Interest Order - Sewer Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of TB 2023-02-13 (Filed 3/17) Pg. 1 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 Phase 3 Boiler Replacement Sewer Improvement Area Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was closed. Mr. Howe noted that this has been discussed at numerous committee and board level meetings. TB Resolution 2023 - 033: Public Interest Order - 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 Phase 3 Boiler Replacement Sewer Improvement Area At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York in said Town, on February 13, 2023, at 5:30 o'clock p.m., Prevailing Time. Present: Supervisor, Rod Howe; Members Rich DePaolo, Pamela Bleiwas, Bill Goodman, Eric Levine and Margaret Johnson 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 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 Improvement proposed in connection with the establishment of the 2023 Phase 3 Boiler Replacement Sewer Improvement Area consists of end of life replacement of circulation pumps, modification to the existing boiler exhaust flue 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 TB 2023-02-13 (Filed 3/17) Pg. 2 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 were filed in the office of the Town Clerk of said Town prior to the Town Board's January 23, 2023 meeting, 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 area of said Town determined to be benefited by said Improvement 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 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, it is proposed that the cost of the Improvement allocable to the Town 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 $135,029 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, on January 23, 2023, the Town Board of the Town of Ithaca duly adopted an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection, and calling a public hearing upon said map, plan and report and the question of providing the Improvement to serve the area to be known as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement Area, such public hearing to be held on February 13, 2023, at 5:30 o'clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and Whereas, notice of said public hearing was duly posted and published as required by law; and Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof, who appeared at such time and place, were heard concerning the same; 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 TB 2023-02-13 (Filed 3/17) Pg. 3 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, based on the evidence offered, it is now desired to authorize the Improvement to serve the area to be known as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement Area; now, therefore, be it Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement Area and to authorize, establish and make the Improvement hereinafter described, and such Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement Area is hereby established and authorized at a maximum estimated cost to said Sewer Improvement Area of $135,029. Said Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown and described in the aforesaid map presently on file in the office of the Town Clerk. The area hereby determined to be benefitted by said Improvement is the entire area of the Town outside the Village of Cayuga Heights. All of the property within said Sewer Improvement Area is benefited by the proposed Improvement, and all of the property benefited is included within. said Sewer Improvement Area. Section 2. The proposed Improvement shall consist of end of life replacement of circulation pumps, modification to the existing boiler exhaust flue 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. The proposed method of apportioning the costs of the Improvement should not be changed. The method of financing of said cost by the Town of Ithaca shall be 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. Section 3. It is hereby determined that the estimated expense of the Improvement does not exceed one -tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of any villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller shall not be required for such Improvement. Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in the office of the Clerk of the County of Tompkins, New York, within ten days of the date this resolution becomes effective pursuant to Town Law Section 91, which when so recorded, shall be TB 2023-02-13 (Filed 3/17) Pg. 4 presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the Improvement. Section 5. It is hereby further determined that all of the cost of the Improvement allocable to the Town shall be borne by property within said Sewer Improvement Area constituting all of the area of said Town outside of any villages, and therefore this resolution shall be subject to permissive referendum. Section 6. This resolution is adopted subject to permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Rod Howe, aye; Rich DePaolo, aye; Pamela Bleiwas, aye; Bill Goodman, aye; Eric Levine, aye, and Margaret Johnson, aye. The resolution was thereupon declared duly adopted. 5. Public hearing regarding a proposed local law amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to add Inlet Valley Overlay District provisions and to include certain lands along or near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was closed. There were no questions about the SEQR form. TB Resolution 2023 - 034: SEAR regarding "Adoption of A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District." Whereas, this action is the proposed enactment of "Adoption of A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District"; and Whereas, this is a Type I Action for which the Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of these local laws; and Whereas, the Town Board, at its regular meeting held on February 13, 2023, has reviewed and accepted as adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff, now, therefore, be it TB 2023-02-13 (Filed 3/17) Pg. 5 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 I 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, Levine, Goodman and Johnson There were no questions or comments regarding the proposed legislation. TB Resolution 2023 —035: Adoption of a Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District Whereas, the 2014 Town of Ithaca Comprehensive Plan future land use plan and map designated the Inlet Valley Gateway character district, a certain area along Elmira Road (New York State Route 13) in Inlet Valley, as a setting for a mix of office, small-scale retail, hospitality, and tourism and agritourism uses, with low -impact light industrial, artisanal industrial, and skilled trade uses; and Whereas, the 2014 Comprehensive Plan recommends that the scale, architecture and landscaping of future development in the Inlet Valley Gateway character district should have a semi -rural character, with deep setbacks from arterial streets, wide spacing between uses, with architectural design, landscaping, and site planning regulations applying to all uses in this area, including industrial uses; and Whereas, the Comprehensive Plan calls for regulations that use current best practice in planning and urban design to carry out its recommendations, and help achieve the Town's desired development outcomes; and Whereas, in 2017, after adoption of the Town Comprehensive Plan, the Town of Ithaca commissioned an economic development feasibility study and strategic plan for the Inlet Valley area (the "Inlet Valley Ithaca Plan") to explore ideas for shaping the Elmira Road corridor's development future, and for fostering its distinctive semi-rural/agricultural character and the setting for two premier NYS Parks; and Whereas, a key recommendation of that strategic plan was to update zoning regulations to encourage the types of uses and development character that would make Inlet Valley an appealing and distinctive destination, and an attractive gateway to the Finger Lakes and Southern Tier regions; and Whereas, the proposed Inlet Valley Zoning Overlay District local law was initiated under the direction of the Economic Development Ad Hoc Committee subsequent to their completion of TB 2023-02-13 (Filed 3/17) Pg. 6 the Inlet Valley Ithaca Plan (2018) and later transferred to the Planning Committee for more in- depth work and refinement; and Whereas, the Planning Committee recommended the Inlet Valley Zoning Overlay District local law to the Town Board at their meeting in October 2022; and Whereas, the Town Board, at their meeting on. December 28, 2022, discussed the proposed local law and referred it to the Planning Board for review and recommendations; and Whereas, the Town of Ithaca Planning Board reviewed and discussed the proposed local law at its meeting on January 1.7, 2023, and recommended its adoption; and Whereas, at its meeting on January 9, 2023, the Town Board scheduled a public hearing for February 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, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District"; and Whereas, notice of said public hearing was duly advertised and the public hearing held on said date and time and all parties were permitted an opportunity to speak on behalf of or in opposition to said proposed local law; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 61.7, adoption of said local law is a Type I Action for which the Ithaca Town Board, acting as lead agency in an environmental review with respect to adoption of this local law, has, on February 1.3, 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 amendments to the Town Code and Official Zoning Map, and the type of development they enable will further the health and welfare of the community and are in accordance with the Comprehensive Plan; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. 2 of 2023 entitled "A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District"; and it is further Resolved, that the Town Clerk is hereby authorized to file said local law with the New York State Secretary of State as required by law. Moved: Rich DePaolo Seconded: Eric Levine Vote: ayes — DePaolo, Levine, Howe, Goodman, Bleiwas and Johnson TB 2023-02-13 (Filed 3/17) Pg. 7 6. Public hearing regarding a proposed local law amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article VIII entitled "Infrastructure Exemption" Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was closed. TB Resolution 2023 - 036: Adopt Local Law 3 of 2023 amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article VIII entitled "Infrastructure Exemption" Whereas, pursuant to 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 adoption of said 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 further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list," and thus, adoption of this local law is not subject to review under SEQRA, now therefore be it Resolved that the Town Board adopts Local Law 3 of 2023 amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article VIII entitled "Infrastructure Exemption" Move: Eric Levine Seconded: Pamela Bleiwas Vote: ayes — Levine, Bleiwas, Goodman, Howe, Johnson and DePaolo 7. Public hearing regarding a proposed local law amending Chapter 239 of The Town of Ithaca Code, titled "Taxation," by adding Article IX titled "Capital Improvement Exemption" Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was closed. TB Resolution 2023 - 037: Adopt Local Law 4 of 2023 amending Chapter 239 of The Town of Ithaca Code, titled "Taxation," by adding Article IX titled "Capital Improvement Exemption" Whereas, pursuant to 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 adoption of said 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 further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list," and thus, adoption of this local law is not subject to review under SEQRA, now therefore be it TB 2023-02-13 (Filed 3/17) Pg. 8 Resolved that the Town Board adopts Local Law 4 of 2023 amending Chapter 239 of The Town of Ithaca Code, titled "Taxation," by adding Article IX titled "Capital Improvement Exemption" Move: Eric Levine Seconded: Pamela Bleiwas Vote: ayes — Levine, Bleiwas, Goodman, Howe, Johnson and DePaolo 8. Public hearing regarding a proposed local law amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article X titled "Members of Volunteer Fire Companies and Ambulance Services Exemption" Mr. Howe opened the public hearing; there was no one wishing to speak and the hearing was closed. Ms. Bleiwas stated that she would be abstaining due to her husband is a life member of the Village of Cayuga Heights Fire Department. Mr. DePaolo asked about former members of the City of Ithaca Fire Department when there was an active volunteer program. Discussion followed and Staff will look into whether town residents who may volunteer with the City of Ithaca Fire Department would be covered under this exemption. TB Resolution 2023 - 038: Adopt Local Law 5 of 2023 amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article X titled "Members of Volunteer Fire Companies and Ambulance Services Exemption" Whereas, pursuant to 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 adoption of said 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 further constitutes "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list," and thus, adoption of this local law is not subject to review under SEQRA, now therefore be it Resolved that the Town Board adopts Local Law 5 of 2023 amending Chapter 239 of the Town of Ithaca Code, titled "Taxation," by adding Article X titled "Members of Volunteer Fire Companies and Ambulance Services Exemption" Move: Eric Levine Seconded: Rod Howe Vote: ayes — Levine, Goodman, Howe, Johnson and DePaolo Abstention: Bleiwas 9. Public hearing regarding the proposed acquisition of real property associated with the future extension of the Black Diamond Trail in the Inlet Valley area TB 2023-02-13 (Filed 3/17) Pg. 9 Mr. Howe opened the public hearing; there was no one wishing to speak and the hearing was closed. Mr. Goodman noted and highlighted additional materials on the proposal on the desks. *This action was taken after an executive session held at the end of the meeting. TB Resolution 2023 — 040: Authorization to Acquire Approximately 45.141 acres of the Cortright Land at 653 Elmira Road and to Complete the Transaction Whereas, the real property formerly owned by Isaac and Hazel Cortright at 653 Elmira Road, Tax Parcel # 35.-01.18, is being acquired by Alexis Grimm as the high bidder at a foreclosure auction which was held on January 26, 2023; and Whereas, such parcel had previously been approved by the Town of Ithaca Planning Board in 2000 for a subdivision into a frontage Parcel A of 2.618 acres and a rear Parcel B of 45.141 acres as part of the New York State Parks plan for the Black Diamond Trail, which subdivision approval expired in 2010; and Whereas, the Town has determined that if the Town Planning Board reapproves the subdivision again, the Town should acquire the rear Parcel B for a fair market value of $316,000.00 in order to assist the State in the future development of the Black Diamond Trail, as it did when the Town acquired from Alfred Eddy in 2019 approximately 10 acres to the south of the Cortright property, with the intent to sell these parcels to New York State; and Whereas, pursuant to NY General Municipal Law §247, on February 1.3, 2023, the Town Board held a duly noticed public hearing on the proposed acquisition of open space associated with the future expansion of the Black Diamond Trail; and Whereas, pursuant to the New York State Environmental Quality Review Act (" SEQRA") and its implementing regulations at 6 NYCRR Part 617, the acquisition of this 45.141 acres is an Unlisted Action for which the Town of Ithaca Town Board, acting in an uncoordinated environmental review, has, on February 13, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1,2 and 3; now, therefore, be it Resolved, that the Town acquire said 45.141 acres of property and pay $316,000.00 upon delivery of an executed Deed and evidence regarding title acceptable to the Attorney for the Town on this matter, with said funds to be made available wholly from moneys appropriated from surplus funds, which are sufficient funds to cover the purchase price and costs of this transaction; and be it further Resolved, that the Town Supervisor be, and hereby is, authorized and requested to take such steps (including the expenditure of Town surplus funds for purchase, recording fees, filing fees, and other real estate fees and expenses), and to execute all such documents (including a Purchase TB 2023-02-13 (Filed 3/17) Pg. 10 Contract with Alexis Grimm) as are deemed necessary to effectuate such land acquisition and the purposes of this resolution. Moved: Bill Goodman Seconded: Rod Howe Vote: ayes — Goodman, Howe, Levine, Bleiwas, DePaolo and Johnson 10. Consider setting a 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 TB Resolution 2023 - 041: Setting a public hearing regarding a proposed local law amending Chapter 270, Zoning, to amend certain zoning district regulates associated with detached garage/accessory building size and height Resolved that the Town Board will hold a public hearing at its meeting on March 13, 2023 at Town Hall, 215 N. Tioga St., beginning at 5:30 p.m. regarding a proposed local law amending Chapter 270, Zoning, to amend certain zoning district regulations associated with detached garage/accessory building size and height, at which time all persons interested in the proposed legislation will be heard. Move: Rich DePaolo Seconded: Margaret Johnson Vote: ayes — DePaolo, Johnson, Goodman, Levine, Howe and Bleiwas 11. Consider authorization for the Supervisor to execute an easement associated with the Forest Home #1 Pump Station Sewer Improvement Project Mr. Thaete explained the constraints in the project to address Mr. Brittain's comments. He added that there has been a lot of back and forth with the stakeholders in the area, and we have to keep a 10' foot separation from the Bolton Point infrastructure and there are maintenance issues with the ability to get a backhoe in there if it is moved closer. Mr. Thaete stated that as an engineer, there are alternative means to address his concerns but there are no alternatives to the placement as proposed. Locating the main will not compromise any pedestrian improvements and will not negate future plans for those improvements. TB Resolution 2023 — 042: Authorize the Supervisor to execute an easement associated with the Forest Home #1 Pump Station Sewer Improvement Project Whereas, pursuant to resolution 2022-032, the Town of Ithaca Town Board has determined it to be in the public interest to establish the Town of Ithaca Forest Home #1 Pump Station Sewer Improvements Project, and Whereas, the Town of Ithaca plans to install a municipal, pressurized sanitary sewer main ,and other improvements, as part of the improvement project on portions of property within or TB 2023-02-13 (Filed 3/17) Pg. 11 immediately adjacent to the Pleasant Grove Road rights -of -way and Forest Home Drive right-of- way, and Whereas, Cornell University is the reputed owner of these lands, now therefore be it Resolved, that the Town Board of the Town of Ithaca approves the proposed Permanent Sewer Easement and Right -of -Way and authorizes the Town Supervisor to execute these documents, subject to the approval of the Attorney for the Town. Moved: Margaret Johnson Seconded: Pamela Bleiwas Vote: ayes — Johnson, Bleiwas, Levine, Howe, DePaolo and Goodman 12. Consider authorization for appraisal services for the NYSEG easement associated with the potential extension of the South Hill Recreation Way Mr. Howe noted that the Town will be paying for the appraisal and be reimbursed by grant funds from the County. Mr. Goodman gave an overview of the history of this project over the years, and this is a necessary step prior to signing any easements with NYSEG. TB Resolution 2023 - 043: Authorization to Proceed with Contracting for Appraisal Services for the NYSEG Easement for the Potential Extension of the South Hill Recreation Way Whereas, the Town of Ithaca, with support from the Towns of Danby, Dryden, and Caroline are seeking to obtain an easement from NYSEG to extend the South Hill Recreation Way from the existing end point at Burns Road to the Tompkins /Tioga County line; and Whereas, the four town's and NYSEG have drafted a permanent easement which would allow the construction and maintenance of the recreation trail and other amenities on the NYSEG owned property; and Whereas, NYSEG is requesting the four town's obtain an appraisal to determine the value of the proposed easement across the 10 properties they own; and Whereas, the Town of Ithaca Planning Department obtained proposals from three qualified appraisers; and Whereas, representatives of the four town's reviewed and discussed the three proposals on. January 24, 2023 and determined that the proposal from CNY Pomeroy Appraisals, Inc. meets or exceeds the criteria for evaluating said proposals, with a total cost of $4,000.00; TB 2023-02-13 (Filed 3/17) Pg. 12 Whereas, the Town of Ithaca has received a Tompkins County Tourism. Capital Grant for a feasibility study for the South Hill Recreation Way Extension project (Burns Rd to Banks Rd) which will reimburse the cost of the appraisal, now, therefore, be it Resolved, that the Town Board of the Town of Ithaca authorizes the hiring of CNY Pomeroy Appraisals, Inc. to prepare an appraisal of the NYSEG easement value for extending the South Hill. Recreation Way from Burns Road to the Tomkins/Tioga County line, at a cost not to exceed $4,000.00, to be allocated from the Open Space Plan Account. Moved: Bill Goodman Seconded: Rod Howe Vote: ayes — Goodman, Howe, DePaolo, Bleiwas, Levine and Johnson 13. Consider approval of the Public Works Facility Fuel Station Improvement Project, subject to permissive referendum Mr. Thaete gave an overview of the project. Ms. Johnson asked why we are extending non -sustainable fuel storage capabilities when we are trying to move to sustainable sources. Mr. Howe responded that the Facility is in need of repair, and we know that the sustainable fleets will take a few more years to accomplish and this needs to be done now. Mr. Thaete added that they discussed options with the consultant and the tank does not have to be kept full, so as we move more and more to sustainable fuels, the usage of the tank will decrease and there are no real cost benefits to a smaller tank. ADDED ITEM Consider rescinding and replacing the contract award associated with the Hot Water Heater Upgrade Project. Mr. DePaolo asked why this relatively small expenditure is under a permissive referendum process. Ms. Brock explained that financing of the project is the trigger. TB Resolution 2023 - 045: Rescind TB Resolution 2023-027 and Authorization to award and execute agreement for the Town Hall 2023 Hot Water Heater Upgrade Project Whereas on. January 1.7, 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 TB 2023-02-13 (Filed 3/17) Pg. 13 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 previously reviewed the proposals and 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, and Whereas Donohue Halverson Plumbing, Heating, and Cooling could not provide satisfactory insurance to fulfill the terms of the agreement, and Whereas the subsequent lowest, qualified contractor's proposal of $8,580.00 for the work was made by DFM Mechanical Services, Inc., 390 Peruville Rd., Freeville NY 13068, now therefore be it Resolved that the Town Board rescinds TB Resolution 2023-027 which authorized 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 Town Board authorizes the Town Supervisor to award and execute an agreement for the Town Hall 2023 Hot Water Heater Upgrade Project to DFM Mechanical Services, Inc., with a cost not to exceed $9,580, and subject to a permissive referendum pursuant to the provisions of Town Law §220(3); and be it further Resolved, that pursuant to Town Law §90 and §91, within ten (10) days from the date of this resolution, the Town Clerk, in the same manner as provided for notice of a special election, shall post and publish a notice which shall set forth the date of adoption of this resolution, shall contain such resolution or an abstract of such resolution concisely setting forth the purpose and effect thereof, shall specify that this resolution was adopted subject to a permissive referendum; and shall publish such notice in the Ithaca Journal, a newspaper published in Tompkins County having general circulation in the Town, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign -board of the Town, a copy of such notice within ten (10) days after the date of adoption of this resolution, and be it 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 other expenses, does not exceed the maximum authorized cost of the project of $9,580.00, 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: TB 2023-02-13 (Filed 3/17) Pg. 14 Budget Amendment Account Description From To A1.990.499 Contingent Account 5,173 A9950.900 Transfer to Capital Project 5,173 H1-5031/A Transfer from General Fund 5,173 H1-2770 Miscellaneous (NYSERDA) 4,407 H1-1620.400 Contractual 9,580 Moved: Margaret Johnson Seconded: Eric Levine Vote: ayes — Johnson, Levine, Howe, Goodman, DePaolo, and Bleiwas 14. Consider Consent Agenda TB Resolution 2023 - 046: Adopt Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Appointment to Tompkins County Environmental Council e. Appointment to the Zoning Board of Appeals f. Appointment to Planning Board member and alternate g. Approval of speed reduction request for Cornell Campus Town Roads h. Approval of Surplus Equipment to go to Auction i. Ratify appointment of Senior Water treatment Operator (Bolton Point) j. Approval of waiver(s) associated with property acquisition for board appearances Moved: Pamela Bleiwas Seconded: Eric Levine Vote: ayes — Bleiwas, Levine, Howe, Goodman, DePaolo and Johnson TB Resolution 2023 - 046a: Approval of Town Board Minutes Resolved that the Town Board approves the minutes of November 28, 2022, January 9, 23, and 26, 2023 as final with any non -substantive changes made. TB Resolution 2023 - 046b: Town of Ithaca Abstract No. 3 for FY-2023 Resolved that the Town Board authorizes payment of the audited vouchers listed: VOUCHER NOS. 98 - 184 General Fund Town Wide 50,188.51. General Fund Part -Town 1,353.84 Highway Fund Town Wide DA 7,698.95 TB 2023-02-13 (Filed 3/17) Pg. 15 Highway Fund Part Town DB 52,923.22 Water Fund 97.577.20 Sewer Fund 16,894.09 Risk Retention Fund 125.00 Forest Home Lighting District 91.41 Glenside Lighting District 27.38 Renwick Heights Lighting District 45.50 Eastwood Commons Lighting District 63.78 Clover Lane Lighting District 8.53 Winner's Circle Lighting District 12.76 Burlei h Drive Lighting District 29.74 West Haven Road Lighting District 116.03 Coddin ton Road Lighting District 68.66 TOTAL 227,224.60 TB Resolution 2023 - 046c: Bolton Point Abstract Resolved that the governing Board approves the audited vouchers be paid in full as follows: Voucher Numbers: 9-65 Capital Impr/Repl Project Operating Fund TOTAL Less Prepaid TOTAL Check Numbers: 20727-20783 $ 606,947.98 $ 189,905.53 $ 796,853.51 $ 633,853.95 $ 162,999.56 TB Resolution 2023 - 046d: Recommendation to Tompkins County Legislature for Appointment to the Environmental Management Council — Ingrid Zabel Resolved, that the Town Board of the Town of Ithaca hereby recommends and requests that the Tompkins County Legislature appoint Ingrid Zabel to serve as the Town of Ithaca Conservation Board Representative on the Tompkins County Environmental Management Council. TB Resolution 2023-046: Appointment of Zoning Board of Appeals Member -Alternate Whereas the interview committee interviewed a candidate for the open position and recommends appointing Kim Ritter, 161 Ridgecrest Road, as an Alternate member for a term ending December 31, 2023; now, therefore, be it Resolved that the Town Board of the Town of Ithaca does hereby appoint Kim. Ritter, as an Alternate ZBA member completing a term ending December 31, 2023. TB Resolution 2023-046: Appointment of Planning Board Member and Alternate TB 2023-02-13 (Filed 3/17) Pg. 16 Whereas the interview committee interviewed two candidates for the open position and Alternate position and recommends appointing Caitlin Cameron, 209 Rachel Carson Way, as the regular member for a term of April 19, 2023 through December 31, 2025 and Kelda McGurk, 71.8 Elm Street, as an Alternate member for a term of February 13, 2023 through December 31, 2023; now, therefore, be it Resolved that the Town Board of the Town of Ithaca does hereby appoint Caitlin Cameron as a regular Planning Board member with a term of April 19, 2023 through December 31, 2025 and Kelda McGurk as an Alternate Planning Board member for a term of February 13, 2023 through December 31, 2023, and be it Resolved that the Town Board approves the provision of a board member stipend to Caitlin Cameron for each Planning Board meeting attended in person between February 13, 2023 and April 19, 2023, as she trains for full appointment in April. TB Resolution 2023 - 046: Approval of a Speed Limit Reduction Request for Caldwell Hill Road, Forest Home Drive, and Judd Falls Road Whereas, the Town of Ithaca Town Board, as a request from, and working in conjunction with, Cornell University, is requesting a reduction of the posted speed limits on Judd Falls Road, Caldwell Hill Road, and Forest Homer Drive in its entirety, from 30 mph to 25 mph, and Whereas, allowing speed limits to be reduced to a lower limit of 25 mph is part of a legislative package from Governor Hochul meant to enhance street safety, prevent traffic related fatalities, and crack down on hit and run incidents, and Whereas, the Town roads defined in the request are considered to be within the Cornell University campus limits in which, it is understood that, Cornell is requesting a reduction in speed from 30 mph to 25 mph for it's entire campus, therefore be it Resolved, that the Town Board of the Town of Ithaca requests Tompkins County to forward to New York State Department of Transportation Traffic Safety Division the Town's request to reduce the speed limit on Caldwell Hill Road, Judd Falls Road, and Forest Home Drive, in their entirety, from 30 mph to 25 mph. TB Resolution 2023 — 046: Sale of Surplus Items Whereas, a municipal online auction is held from time to time hosted by Auctions International located in East Aurora, NY, and Whereas, certain items have become surplus/no longer needed by the Town, and Whereas, the Town wishes to put the following surplus equipment in an online auction in February: • (1) 2014 Ford F-=150 XLT (Fleet # 6) • (1) 2016 Gradall Excavator (Fleet #48) TB 2023-02-13 (Filed 3/17) Pg. 17 • Miscellaneous Traffic Safety - Construction Signs • 1999 Neal Paver (Fleet # 91) Now therefore be it; Resolved, that the Town Board of the Town of Ithaca hereby declares said above -described equipment to be surplus and no longer needed by the Town; and be it further Resolved, that the items listed above be placed in the auction with the proceeds from the sale going into the appropriate funds. TB Resolution No. 2023-046: Ratify Provisional Appointment of Sr. Water Treatment Plant Operator at SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on February 9, 2023, appointed Megan Falicchio to the Sr. Water Treatment Plant Operator position, effective, January 1.5, 2023; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Megan Falicchio to the Sr. Water Treatment Plant Operator position, effective, January 15, 2023, at the hourly wage of $31.07, in Job Classification 6, with full time benefits. TB Resolution 2023 - 046j: Approval of waiver for fees associated with appearances before the Planning Board and Zoning Board of Appeals associated with the purchase of open space on Rte. 1.3 for the future expansion of the Black Diamond Trail Whereas, the Town of Ithaca is in the process of acquiring open space for the possible future expansion of the Black Diamond Trail, and Whereas, the process may include appearances/appeals before the Town's Planning Board and Zoning Board of Appeals to effectuate the purchase, and Whereas, Section 153-10.13.14 of the Town of Ithaca Code indicates that zoning, subdivision, SEQRA, ZBA, and development application fees ... "may be waived in whole or in part, or may be modified, by the Town Board for good cause shown. Such cause may include, but is not limited to, an extreme hardship to the applicant in paying for all or a portion of the review fees, the benefit to the general community that would be provided by the proposed project, or other unique or special circumstances which warrant, in the judgment of the Town Board, such a waiver"; and Whereas, the Town of Ithaca or their partners in the acquisition of this property would be the Applicant, now, therefore be it Resolved, that the Town Board hereby finds that in this case, the purchase of open space would provide a benefit to the Town of Ithaca residents and the general community; and be it TB 2023-02-13 (Filed 3/17) Pg. 18 Further Resolved, that the Town Board hereby authorizes a waiver of all fees associated with the purchase and final disbursement of the open space parcel, pursuant to Section 15 3- 1 O.B. 14 of the Town of Ithaca Code. T11 175=3 ff1QWO3=- M M MITME0,11 "M 16. Executive Session 1 1.11 1 1 00 11 unanimous. I I ; I . III, I I - [AMENFMCM 9n# 34 MUMMI spgle FRI its 0111,519A 91 GUM 111111111 1 MW=i3,11111 I Mllmftpf�� TB 2023-02-13 (Filed 3/17) Pg. 19 Attachment 1 TOWN OF|THACA LOCAL LAW NO. 3 OF THE YEAR 2023 A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District Be it enacted by the Town Board of the Town of Ithaca as follows: SectionL1. Ithaca Town Code Chapter 270 (Zoning) is amended by adding Article XXA (Inlet Valley Overlay District) reading as follows: The Inlet Valley area has animportant role inthe regional tourism economy. The overlay district isdesigned to achieve the town's vision for economic development in the Inlet Valley through m encouraging the ongoing establishment and growth of outdoor recreation, tourism and agriculture -culinary related uses, m recognizing the importance ofexisting commercial and light industrial uses, and m providing abroader mix ofresidential and other appropriate land uses. The overlay district aims to preserve and build upon the most appealing aspects of the Inlet Valley's rural and agricultural character, and enhance the area's appeal as a recreational destination among residents and visitors. The outcome of development under these provisions will add to the area's tourism and transportation assets, enhance the synergistic relationship between the area's businesses and attractions, and reinforce its sense of place. The Inlet Valley overlay district includes two overlay zones. • IV-C: Inlet Valley Center. This overlay zone intends to foster a compact mix of destinations. it is centerem generally around the existing light industrial, neighborhood commercial and planned development zon • IV-T Inlet Valley Transition. This overlay zone provides a transition from the IV-C overlay zone to I surrounding lower density residential and agricultural zones. The Inlet Valley overlay district issuperimposed mnunderlying (base)zones. The overlay district identifies requirements that apply inaddition to(or instead of) those inthe base zone. This includes requirements for: • Lot area (270-171.4) • Area, mass, bulk, and siting of structures (270-171.4, 270-171.6) • Permitted uses (270.171.5) • Physical design (270.171.6), including o Architectural design. o General site planning. o Pedestrian and vehicle circulation o Parking and service area location and design. o Landscaping, screening, site lighting, and pedestrian amenities. o Signs. Uses and development projects in the Inlet Valley overlay district must follow the review and approval procedures in Article XXIII Site Plan Review and Approval Procedures when § 270-184 requires such procedures. Area,270-171.4 : Area and bulk requirements for (D non-agricultural / residential sites and uses, and Ca) sites and uses with both residential and non-agricultural / residential uses, are in the following table. Area and bulk requirements in the base zone apply to agricultural and residential sites and uses. . Area and bulk requirements: non-agricultural / non-residential Lot Front / street Building Lot building Interior side landscape / Overlay zone, Lot size fronting side Rear setback height coverage setback* setback (max)** (max) open area coverage *** IV-C >_ 30,000'2 >_ 30' >_ 20' >_ 40' _< 40' _< 30% >_ 30% IV-T >_ 30,000'2 >_ 40' >_ 40' >_ 50' _< 38' _< 20% >_ 50% * Exceptions for yard encroachments in § 270-224 apply. ** Building height is the vertical distance from the average ground level of the building to the highest roofline point. Building height does not include chimneys, steeples, cupolas, parapet or equipment screening structures, solar panels, stair enclosures, rooftop patios, antennas, or other similar features that project above the roofline. Maximum height requirements do not apply to buildings and other structures used for agriculture. *** Remaining lot area outside the footprint of all buildings and structures; parking areas and driveways / drive aisles; outdoor storage; service and utility areas; decks, patios and pads; and similar areas. Permitted uses and structures in the Inlet Valley overlay zones are in the following tables. These tables supersede lists of permitted principal and accessory uses in the base zones. Where the base zone is the Conservation Zone, permitted uses and structures are those permitted in the Conservation Zone. N A V symbol in a column means the overlay zone allows the base zone use. A - symbol means the overlay zone does not allow the base zone use. A (�) symbol identifies uses that need special permit approval by the Planning Board. (See Chapter 27OArticle XX|\(Special Permits and Special Approva|sj Special permit approval criteria inChapter 270apply. The Planning Board may impose reasonable conditions on a use, as part of its findings during special permit review. If a use is not in any of these tables, the overlay zone does not allow the use, even if the base zone normally allows it. If a use in the following tables does not have a definition, the definition for that use elsewhere in Chapter 270 (if any) applies. Uses are mutually exclusive. A use with a broader scope does not include a more specific use type that the table also lists or describes, unless provisions in this section note otherwise. These provisions consider each principal use as if it stands alone, even if that use is functionally integrated with other defined uses. (Example: if a place of worship has an elementary school, overlay provisions consider the place ofworship and school esseparate usesj B. Agricultural principal uses Agricultural and egritouriym-related uses that a base zone allows are also allowed inthe same zone in the Inlet Valley overlay district, under the same conditions and limitations, unless provisions in this section note otherwise C. Residential principal uses Residential uses that base zone allows are also allowed in the same zone in the Inlet Valley overlay district, under the same conditions and limitations, unless provisions in this section note otherwise D. Lodging ^ c| U uses IV-C overlay IV-T (See definition in § 270-5). Requirements for the use in the base zone apply. Facility with �� 4 guest rooms for overnight stays by paying guests. • Requirements for the use in the base zone apply. Guest rooms in the IV-T overlay: �� 10. V = permitted use use not allowed Os = needs special permit approval overlay E. Commercial principal uses IV-C overlay lV-T V = permitted use use not allowed Os = needs special permit approval overlay LDR: NC Ll AG LDR 1) Adult entertainment business (See definition in Town Code Chapter 700: Adult Uses.) Conditions: - Must meet all applicable requirements of §270-145, including location criteria. 2) Companion animal services Any of these uses. • Veterinarian or animal physical therapy. • Dog / cat / small animal grooming. • Dog / cat / small animal day care. • Dog obedience, behavioral, conformation, or agilitylsports training. Conditions: Gross floor area in the LDR zone: :� 5,000", with special permit approval. Gross floor area in the NC and Ll zones: :!� 5,000"; or �� 7,500" with special permit approval. 3) Day care center so: Any of these services to unrelated children or adults in G protective setting. - Child day care (78 NYCRR Subpart 478- 7), small day care (78 NYCRR Subpart 4 78- 2), school -aged child care (78 NYCRR Part 474). - Adult day health care (70 NYCRR Part 425), social adult day care (9 NYCRR § 6654.20). 4) Personal services: health / fitness Facility and equipment for exercise and physical fitness. (Examples: health Ifitness club, gymnasium, cycling /circuit training studio, personal trainer, yoga studio, day spa, martial arts studio.) Conditions: - Gross floor area: �� 5,000" in the IV-C overlay, and :!� 2,500" in the 1V-T overlay. 5) Professional office V 0§ V V Professional, administrative, clerical, outpatient medical or allied health care, design, or technical service. Includes (7overnment offices. Conditions: - Gross floor area: :!� 2,500". 6) Restaurant / cafe / bar Preparing or serving meals or drinks to customers onsite or delivery oftsite. Conditions: • Gross floor area: :� 5 '000,2. • Must not have a drive -through window. E. Commercial principal uses IV-C overlay IV-T V = permitted use use not allowed Os = needs special permit approval overlay LDR: NC Ll AG LDR 7) Retail and service: general Sale or rental of a physical product to the public, or providing a service to customers onsite. It does NOT include display, sale, lease, rental, servicing, repair, cleaning, fueling, or modification of - Motor vehicles, trailers, motorcycles, powersports equipment, recreational vehicles, utility vehicles, or similar items; or related parts or accessories. Home spas, hot tubs, saunas, or swimming pools. Bulk or loose lumber, bricks, cladding, mulch, soil, gravel, and similar raw or finished materials. Movable or pre -fabricated buildings, sheds, gazebos, decks, or other structures. Equipment or machinery designed to be towed by a vehicle. Light and heavy construction, earthmoving, or demolition equipment. Air compressors, generators, mobile pumps, or similar items. Accessories related to the items above. It also does NOT include Trade uses (examples: HVAC or plumbing service, machine shop). Wholesale businesses not catering to the public. Vending machines, automated teller machines, unattended sales, or storage as a principal use. Businesses where �! 20% of the use area is outdoors or not in G fully enclosed building. This use does not exclude uses allowed as small scale commercial uses (see 8 below). Conditions: • Gross floor area in the LDR zone: :c 5,000", with special permit approval. • Gross floor area in the NC and Ll zones: <_ 5,000"; or <_ 7,500" with special permit approval. - Must not have a drive -through window. 01 E. Commercial principal uses IV-C overlay IV-T V = permitted use use not allowed Os = needs special permit approval overlay LDR: NC LI AG LDR 8) Small scale commercial voS Specific retail or service use that help shape and reinforce the Comprehensive Plan's vision for the Inlet Valley area. These uses are: • Arts and crafts studio. • Industrial arts studio, where people make art or artisanal products by hand,- using handheld or tabletop/benchtop tools, or similar small footprint machine tools or 3D printers; and display and sell it onsite. (Examples: metal and wood sculptures, glass blowing, ceramics. Machine shops, and uses related to building or mechanical trades, are NOT industrial arts studios.) • Outdoor outfitting, sporting goods, ski, and/or bicycle sales or rental. • Restaurant, cafe, or bakery, with no drive -through.. - (Note: the IV-C overlay allows these uses under the restaurant cafe bar or retail and service: general categories.) Conditions: • A lot may have only one small scale commercial use. • Gross floor area: :c 1,500". • Off-street parking spaces: :c 8. • Outdoor service and storage areas related to the use: C 500". Siting and screening must comply with 270-171.6 J. 9) Retail plant nursery V 0§ 1/ V V V Retail sale of plants, and related home garden equipment supplies and accessories, to the general public. 10) Retreat / event venue /0§ /(sD V Os*:,/O§ Use of land and designated structures for gatherings or events (examples: wedding, private party, fundraiser event, training event, conference reception). Conditions: • Indoor event space gross floor area: <_ 6,000". • This use needs site plan and special permit review. (Site plan and special permit review are not needed for each event.) • In the IV-T overlay zone, this use is allowed only on a site that is listed or eligible for listing in a national or state registry of historical building, with frontage and access on Elmira Road. Any new buildings or structures for the use must be contextually compatible with and subordinate to existing listed or eligible buildings on the site. 11) Winery / distillery / brewery / cidery 1/ 0§ V V so Winery, distillery, brewery, or cidery, sales of product made onsite, and related tasting rooms. Conditions: - Gross floor area: :c 10,000". N F. Industrial and semi -industrial principal uses V = permitted use - = use not allowed Os = needs special permit approv! 1) Industrial use: low impact Manufacture mostly from previously prepared materials, preparation, processing, or repair of products for distribution or sale; with no detectable offsite impacts. Conditions: • Gross floor area: :c 5,000". • * Gross floor area may be 5,000" to 15,000" with special permit approval. IV-C overlay IV-T overlay LDR: NC LI AG LDR G. Civic principal uses IV-C overlay IV-T V = permitted use use not allowed Os = needs special permit approval overlay LDR: INIC LI AG LDR 1) Community workshop Facility for people to learn, experiment, invent, or make things using shared tools and resources, in a collaborative setting. (Examples: mGkerspace, hackerspace, community kitchen.) Conditions: - Gross floor area: :c 10,000". 2) Cultural facility Facility for display, performance, or enjoyment of heritage, history, arts, or sciences. (Examples: museum, gallery, library, visitor center, arts performance venue by a public or private entity.) Conditions: • Gross floor area: :c 10,000,2. • In the NC and LI zone in the IV-C overlay, gross floor area may be 10,0002 to 2 000,2 0, with special permit approval. 3) Farmer's market /(sD V(0) Retail marketplace, mostly under an unenclosed structure, where merchants sell their products directly to consumers. It does not include grocery or convenience stores, or resell ers. Conditions: • Needs special permit and site plan review approval by the Planning Board. 4) Gallery: specialty vintage /(sD 00) Museum open to the general public, displaying G collection of antique or vintage items, including farm equipment, tractors, cars, boats, bicycles, steam engines, textiles, glassware, wines, or similar items of interest. Conditions: • Gross floor area: :c 2 0,000,2 • May include sales or restoration/repair of showcased items only as an ancillary use. • Outdoor display and storage area of collection items: :c 200". This use doesn't allow uses that are expressly not allowed as a "Retail and service: general" use in the commercial principal use category (table E). 0 G. Civic principal uses IV-C overlay IV-T V = permitted use use not allowed Os = needs special permit approval overlay LDR: NC Ll AG LDR 5) Park, playground, community garden I/ I/ I/ V/ ✓ Land used for a park, playground, community garden, garden plots, a nature preserve, or a similar purpose. 6) Place of assembly 1/0§ 1/ /0 Facility used for public/resident assembly for worship, meeting, government, or community purposes. (Examples: religious or secular congregation, community center, common house, amenity center.) This includes typical ancillary uses. (Examples: meeting room, kitchen, exercise room, laundry room, workshop, day care center, offices.) 7) Private club / lodge V Facility of a private club or organization, mostly open only to club members and their guests. (Examples: service or lodge -based organization, social club, veterans' club, labor union.) 8) Public safety V V V Police or fire station, ambulance service, or other public safety service, 9) School: primary/ secondary V V V V Os V 0§ NYS recognized school for primary or secondary (K- 72) education. H. Utility and communication uses IV-C overlay IV-T V = permitted use use not allowed Os = needs special permit approval overlay LDR: NC Ll AG LDR 1) Solar energy system (as a principal use) (See § 270-279. 7) 2) Utility: municipal or public V Facility for collecting, processing, or distributing a public utility commodity. (Examples: electrical substation, water tank and pumps, lift station, telephone switch.) Conditions: • Landscaping requirements in §270-171.6 E also apply to utility facilities. • A utility facility that is not in an enclosed building (example: open air electrical substation) must meet these requirements. - Siting must be as unnoticeable from the public realm and residential uses as possible. - Screening: - Height: tall enough to conceal the equipment, up to 12'. - Materials: brick or stone (real or simulated/precast); split face block. - Opacity: wall 100% opaque, gates 5 75% opaque. 3) Wind energy facility, small (as a principal use) (See § 2 70-2 7 9. 7) M H. Utility and communication uses V = permitted use - = use not allowed Os = needs special permit approv! 4) Wireless facility Equipment, structures, and site or designated area used to transmit or relay commercial or broadcast wireless services. (Examples: personal wireless service, fixed wireless Internet, broadcast or television transmitter and antenna.) Conditions: • Zoning Code review process and requirements for personal wireless service facilities in § 270-219 apply. IV-C overlay IV-T overlay LDR: NC Ll AG LDR I Accessory uses IV-C overlay IV-T ✓ = permitted use use not allowed Os = needs special permit approval overlay LDR: NC Ll AG LDR 1) Antenna: radio hobbyist ✓ ✓ ✓ Outdoor antenna, and tower or supporting structure (if any), for amateur radio or other radio hobby use. Conditions: • Requirements for amateur radio facilities in the base zone (§ 270-219.3) apply. 2) Day care: home Group family day care (78 NYCRR Part 476) or family day care (78 NYCRR Part 477) in G protective setting, in G dwelling unit. Conditions: • Ownership: The operator must live in the dwelling unit as their primary home. 3) Donation collection box Outdoor container for collecting donations of clothes and nonperishable items. 4) Home occupation ✓ Business activity subordinate to G residential use in a dwelling unit. Conditions: • Requirements for a home occupation in the base zone (§ 270-219.2) apply. 5) Outdoor entertainment Performing arts event or activity that takes place in the open, outside of the enclosed structure that has the principal use. Conditions: • Outdoor entertainment must be subordinate and incidental to the principal use. • Time: Outdoor entertainment may take place only between 12:00 PM and 9:00 PM on Sunday through Thursday, and 12:00 PM to 11:00 PM on Friday and Saturday. M V = permitted use use not allowed Os = needs special permit approval overlay Sale of produce or value added farm or food products (NY AGM § 282.2), largely outdoors, in G farm setting. • A roadside stand may be an accessory use only to a working farm. • The majority of the products sold at a roadside stand must be from (or derived from products from) the farm at the stand location. Roadside stand setback from public right of way: �� 3 0'. Parking at a roadside stand must allow safe vehicle access. A roadside stand must meet parking and vehicle circulation requirements of this section (§ 270-171.6 F). Total footprint of structures for a farm stand: �� 500" in the LDR, NC, and LI 7) Solar energy system - Requirements for solar energy systems as an accessory use in the base zone 8) Wind energy facility, small so V co� - Requirements for small wind energy facilites as an accessory use in the base zone m Ecological and aesthetic qualities of the area. m Development in the context of verdant semi -rural setting by two state parks. m Creative yet context -sensitive architectural design and site planning m Building for the long term, with design that imparts human scale, visual harmony, and permanence. m Use mfbuilding materials that are durable, natural, traditional, and sustainable. m A comfortable relationship between people, and the surrounding built and natural environment. Development and improvements on a lot with, or developed for, a lodging, commercial, industrial and semi - industrial, or civic use (after the effective date of the Inlet Valley overlay), must meet the requirements of this section. Some design provisions are recommendations, while others are requirements. The term ^shou|d^expresses a recommended guideline. "Must" expresses a requirement orduty. ^K4av^ expresses permission. "May" with a number expresses permission to a limit. (1) Style neutrality These architectural design standards are style neutral. They establish adesign language mfappropriate forms and materials for the Inlet Valley overlay district. (2) Elevation and wall form All building elevations must have a distinct base, middle, and top. Scale, proportions, massing' articulation, and design features of street and public facing elevations should enhance the pedestrian and vehicular experience, and emphasize human scale. []) Wall articulation An elevation �10Ilong must have wall plane projections orecesyeswhhedepthmf�596ofthefecade|ength, extending �2O96mfthe facade length. (Examp|e:1O0'long elevation, �2O'ofits length must beset �5'back mr forward from the main fa�adep|aneJ An elevation must not have e blank, uninterrupted length of >25' without having �2 of these features on each story: m � 0.5' change in plane. m change intexture ormasonry pattern. m l5'zwindow area. m door opening. m other equivalent element(s) that visually divides the wall into human scale proportions. Side or rear walls may have false windows and door openings defined by frames, sills and lintels, or similarly proportioned modulations, only when actual doors and windows are not possible because of the building use. (4) Consistent design onvisible elevations Elevations on a building that are visible from or facing a street must have a similar style and quality of materials, windows doors, trim, decorative moldings, and wall articulation. (5) Building construction A principal mraccessory building fronting on Elmira Road (NY 13), Five Mile Drive (NY 13A), Seven Mile Drive, or Calkins Road, must not be a prefabricated or pre-engineered metal structure. (6) Roof form Buildings visible from the street should have sloping xzof. Sloping primary noofines (not including dormers, entry canopies, orsimilar accessory elements) must have a roof pitch between 512and 1212. Sloping roofs must have eaves that overhang walls by �1.5' (perpendicular distance). Roof forms must correspond to building elements and functions such as entrances, arcades, and porches. Roof forms should relate to other buildings on the same lot. A building may have fake dormers, gables, orother roof projections only to hide mechanical or telecommunications equipment. Continuous plane ofany roof line must be�l0O'long. Roofline orientation should accommodate solar panels with southern exposure that are parallel to the roofline slope. (7) Roof materials These materials are allowed fora sloping roof. m Architectural shingles: multi -tone. m Wood shakes orshingles. m Slate shingles: natural or synthetic. m Standing seam metal or copper roofing. m Copper orcolored anodized metal roof flashing. m Solar shingles. (8) Cladding materials Primary cladding materials: One ormore ofthese materials must cover 6096to1OO96mfcladding area mnany outside wall. An asterisk * identifies materials that are most appropriate for the Inlet Valley corridor. m Brick: individual bricks, veneer, ormasonry panels; integral color; nominal size � 3 units/ftz (utility size mr smaller). m * Stone: individual stone, veneer, ormasonry panels; natural ormanufactured. m * Clapboard / lap siding: stained /painted wood, fiber cement, composite. m * Shingle /shake siding: stained / painted wood, fiber cement, composite. m * Board and batten siding: stained/painted wmod, fiber cement, composite. Secondary cladding materials: 0% to 40% of the cladding area on any outside wall may use one or a combination mfthese materials. m Metal architectural weU panels. m Corrugated mrstanding seam metal: made for architectural use. m Precast masonry, ceramic, mrcement based trim and cornice features. m Precast concrete panels. m Concrete masonry units (CMU): integral dye orpigment color (not "natural gray" mr"cinder b|ock"with no integral color); decorative, textured, orsplit face. m Stucco. m Logs (wood)orlog siding (wood,fiber cemen¢ m Shingle /shake siding: vinyl. m Board and batten siding: vinyl. W (9) Cladding material and building color ingeneral Cladding must have a matte ornon-reflective finish. Building colors should be from a palette of natural earth tones, desetorated colors, white, or shades of gray, that complement natural surroundings. Any colors with higher saturation orchnoma should only be used on building trim and accents. Buildings must not have fluorescent colors. If building elevation has multiple facade materials or colors, one or two materials should yet a dominant architectural theme, with others used more sparingly as accents. A building should not have a color scheme with random distribution' a chaotic arrangement of contrasting materials or colors (bayed on established concepts of color theory and visual harmony), or patterns of contrasting stripes or geometric shapes. (10) Change ofcladding orcolor omamoutside wall Cladding material orcolor on an outside wall may only change: m ataninside corner, m at return � 2'hom an outside corner, m at horizontal plane; or m where a projecting feature or pilaster vertically divides a faqade, and separates the different cladding areas. Asill, cap, or � 5^ high trim border must define material changes on a horizontal plane. (11) Trim Outside walls with siding must have the following trim. m Doors and windows: surround � 3.5"wide m Outside corners: (A corner board � 3.5"wide, orCi) mitered edges that align materials on each wall. m Roof overhangs and eaves: frieze � 3.5" wide (12) Window and door area Elevations of a principal building (not including garage doors or bays) must have the following window and door opening area (g|azing): m Front, street fronting side, and public area -facing elevations: 1596 4096 on each story m Interior side elevations: 1096 4096on each story. Where internal arrangement or use mfa non-residential building makes it impossible to provide windows or doors along part of a wall, a fake window may substitute for:!� 5O96mfrequired transparent areas. (13) Window and door design Windows on a building must be relatively consistent in height and design, and consistent in design with doors on street facing facades, tocreate a cohesive and harmonious fenestration pattern. Windows and doors should have a vertical orientation. Large display windows with a horizontal orientation should be divided into smaller vertical units or elements. Window and door openings on a masonry clad wall should have a decorative or functional lintel above the opening, that looks like it carries the weight above. A building must not have storefront curtain wall system. Awindow curtain wall unit may only beon an interior side or rear elevation. Windows and doors must berecessed into awall. Buildings must not have flush orsurface mounted windows. This does not apply tmstorm windows ordoors. M (14) Building entrance orientation and design A principal commercial or industrial building, and � 2596 of the tenant spaces in a multi -tenant commercial or industrial building, must have e public entrance with � 1 of these features. m Vertically defined bay with different cladding or fenestration than other bays. m Integral turret, peaked roof form, tower, or (at a corner entrance) a chamfered edge. m Architecturally integral vestibule with � 64'2GFA, projecting � 3'from the building wall m Architecturally integral roof, portico, or porte-cochere that covers � 64,2 , with support columns � 10"wide m Architecturally integrated porch or landing with � 64'z of floor area. The main public entry ofa principal building with street frontage must face that street. A building with one occupant or tenant sited at an intersection of two streets must face the busiest street. (15) Formula architecture A building or structure must not have standardized nonfunctional elements that: m inherently associates the overall building design with a specific brand, business, chain, or corporation; or m function as an integral sign, regardless of whether it has or doesn't have words or |mgmy. (16) Rooftop and building mounted equipment Rooftop utility, HVAC, and mechanical equipment, ducts, or related elements must have screening of the same height or higher, to hide them from view. Screening must be (A opaque, and Ci) integral with the building form. (Examples: roof well, parapet wall, fake dormer, purpose-built screen or enclosure matching building colors and materials.) A plumbing mrexhaust vent, pipe, mrflue that penetrates a roof must match the roof color. VVa|| mounted utility, HVAC' and mechanical equipment ducts' or related elements may only bemn an interior side or rear elevation, with siting or screening that hides those features from the street and neighboring lots as much as possible. (1) Gnmundcover Unsurfaced areas (surfaces with no buildings, structures, or pavement) on a developed lot must have maintained gnoundcover,with one ormore ofthese features. m Turf orornamental grass. m Perennial grmundcmverplants. m Planting beds for trees, yhrubs, and flowers, with a base of mulch, granular stone, or similar nonliving material. m Pond orwater feature. These areas dmnot need maintained groundcmver. m Farm field or pasture. m Stream setback area. m Natural feature that normally lacks vegetation, or where maintenance is impractical. (Example: steep slope area, rock outcrop.) (2) Tree preservation Mature native and adapted trees should be kept and incorporated into the site where possible. M perpendicular walkways and garage door enthes). Foundation planting area width must be: m � 5' next to building walls with a � 20' eave height. m �lO'next tmbuilding walls with a>2O'eaveheight. Afoundadon planting area must include � l shrub with a potential � 3' mature height for every 25'zofplanting area. (4tree with e potential � 8' mature height may substitute for a required shrub.) Shrubs may have regular spacing, or be clustered in more naturalistic groups. As an alternative tofoundation p|anting, the area next to a building may be in the form of functional pedestrian plaza, with landscape planters or beds, modular pavers, art, fountains or water features, benches and tables, pergolas or arbors, life-sized games, small performance speces, or other emenities, that meet the intent of these standards according tothe Planning Board. (4) Parking lot landscaping Requirements for parking lot internal and perimeter landscaping are inthe next subsection (F: parking and vehicle F. Parking and vehicle circulation (1) Size and visibility imgeneral Parking lots and driveways may only be as large as needed to meet C�) reasonable everyday demand for number mfperkingspaces,consideringa||owedusesandthebui|ding;and()dimenyiona|requirementsfmrparking spaces, driveways and drive aisles, and internal landscaping. (2) Parking lot siting Any off-street parking areas mfbuildings fronting on Elmira Road (NY 13), Five Mile Drive (NY 13A), Seven Mile Drive, orCalkins Road, must beinthe rear orside yard. A parking lot may only be in front of principal street -fronting building and the street ifhl the building is pre- existing, and Ci)the Nanning Board finds that existing site conditions make siting a perking area to the side or rear impractical or impossible. If this is this case, any parking in front of the principal building must: m be � 20' from the public right of way line, and m have only one drive aisle, with asingle row ofparking. (3) Parking surface materials Perking lot and driveway surfaces should be context sensitive. The Planning Board may stipulate materiality. Any aggregate parking surface must be built in a way that prevents ponding, aggregate loss or spillage, or track - out onto public streets. A parking lot surface must have a visually distinct edge. (4) Circulation Perking lot layout must allow vehicle to enter from and exit to the street driving forward. IN A parking row with only one way in and out must have a turnaround area or space at the end. Perking lot layout must allow service vehicles k) access loading, service, or trash enclosure areas, with as little disruption tocirculation and parking space access as possible. (5) Access management Off-street parking may have one vehicle access point on a street frontage. A lot orbuilding site may have en additional access point only if the Uniform Code requires it for fire apparatus access. Fora corner lot, vehicle access to off-street parking may only be from the secondary street, not the principal street. An access point must be as far from a street intersection and other curb cuts as possible. Aone way access driveway and approach must be 12' 14'wide. Atwo way access driveway and approach must be16' 20' wide. Access driveway corner radius where it meets a roadway must be � 15'. Continuous curb cuts mrdriveways, and parking lots that use a fronting street asa drive aisle toaccess perking spaces, are prohibited. If these requirements conflict with New York State DOT access management requirements, the more restrictive requirement applies. (6) Lot -to -lot connection Perking lots for non-residential uses on neighboring lots should have cross -access driveways connecting them, or provisions for future connection. Property owners must not block cross -access connections orprovisions. (7) Internal landscaping The following applies to parking lots constructed of solid pavement. A row of parking spaces must have a landscape island, � 9' wide and extending the full depth of the row, hl at each end; and Ci)ataninterval of:!� 1Ospaces mr:!�9O'inarow. A landscape island must have 6A maintained grmundcmver(see E 1); and l deciduous tree (� 2.5" diameter at breast height (UBH) at planting, � 30' height at maturity) for each row it is next to. Two deciduous trees with a DBH of � 2.0^ at planting, and a potential mature height of2O' 30'' may substitute for 1 taller required tree. (8) Perimeter landscaping and buffering (1) A new or expanded parking lot, or (I) an existing parking area that is improved with solid or segmental paving' open cell or grid paving' or similar hard pervious mrimpervious surface, must have � 10'wide landscape buffer between the parking lot surface and the side mrrear lot lines. An opaque fence, wall, berm, orhedgerow, 4'to6'tall (3'ta|| in the minimum principal building front setback aea), must screen a parking lot for a hotel/motel, or commercial or industrial building or use, from any neighboring residential lot or use. Street facing sides of parking lot that front on a street must have plantings with an average of � 1 shrub, with e potential � 3' mature height, for every 5' of parking lot frontage. (9) Stornmwater Parking lots, driveways, and drive aisles must be built or graded in a way that prevents surface ponding, or sediment oraggregate collection. Parking lot landscape islands and perimeter areas must allow decentralized stormwater runoff capture and infiltration where possible. (1) Pedestrian connectivity In the |V-[ overlay zone, e principal building must have a paved � 5' wide walkway connecting its main entrance to the public sidewalk along the fronting street, or public right of way line if there is no sidewalk. A parking lot must have a � 5' wide walkway connecting itk)the main entrance of the principal building. Perking lot spaces, driveways, and drive aisles are not walkways. (2) Bicycle parking A use must have � l dedicated bicycle parking space (bike rack space, bike locker, etc.) for every 5 required vehicle parking spaces. (1) Permitted fence and wall materials A permanent fence or wall may only use these materials, in a way that is customary for fence or wall construction. m Brick, stone, or cast brick mrstone. m VVmod' or synthetic material that looks like wood. m Hog vine, sheet mrcorrugated metal with a matte or non -reflective finish, bamboo, or similar material, in a board frame structure. m Welded wire with vinyl coating. m 6abimn. Chain link fencing may only beet(A an ancillary use (examples: athletic/ball field, backyard chicken area), or 4) a construction or short term event site. Chain link fencing for anancillary use must have asupporting top rail, and knuckle selvage ends. Afence orwall must not have: m sharp orunfinished wires oredges. m barbed' razor, or concertina wire (except for agricultural uses' active construction sites' or where law requires it). m electrification (except for agricultural uses). m materials or design features that are hazardous to nearby pedestrians or residents. Adeer fence may not beused ayepermanent yard orboundary fence mrwall. (2) Finished side out Fencesshou|dhavea"gomdneighbor"design,wherebothsides|mokthesame. A fence or wall with finished and unfinished sides must have its finished or "good" side facing outward, towards bordering lots mrthoroughfares. (See Town Code b27O-223A9:zoning fences and waUyj (3) Height and location Maximum fence height is: m Front yard, street fronting side yard: < 3' M m Rear yard, street fronting side yard behind principal building front elevation, street fronting side yard behind principal building rear elevation: < 6'. Outside of deer sight triangle (an area within 30' of the intersection of front and street fronting side property lines at a street intersection, or 20' of where a driveway meets the street), these fence or wall elements may be m Post, pole, mranother supporting member. m Pillar orcolumn. m Arbor atanopening orgate. • Fences for athletic or ball fields. CEI (1) Siting A loading, service, dumpster/waste collection, or outdoor storage area may only be in a rear yard. Dumpsters or outdoor storage may only be in a clumpster/waste collection or outdoor storage area. A dumpster/waste collection mroutdoor storage area may only be hl integral to a principal or accessory bui|ding, mr(�) in e separate accessory structure. Ground mounted mechanical or utility equipment ancillary to a principal structure may only be in a iU rear yard, mr(�) interior side yard, behind the front elevation. (2) Screening A (D loading, service, clumpster / waste collection, or outdoor storage area; or (�) ground mounted mechanical or utility equipment area, must have siting and screening that hides it from the street and any neighboring residential uses as much as possible. Service, dumpster/waste collection, and outdoor storage area screening height must be 6' 8' Screening materials should match orcomplement cladding on the principal building, but must be: m brick mrstone (real mrsimu|ated/pecasU; m split face block; m vinyl (co -extruded, � 0150"thick);mr m wood or composite material in afu|| steel frame. Gate materials must be: m metal; m vinyl (co -extruded, � 0150" thick); or m wood or composite material in afu|| steel frame. Screening and gates �O.5'above the ground must belOO96opaque. K. Utilities (1) Underground utilities in (1) Performance standards Outdoor lighting must meet outdoor lighting performance standards in the Town outdoor lighting law (Town Code Chapter 173)'along with the following requirements. These requirements do not apply to temporary use of decorative lights for holidays or special events. (2) Freestanding light height Freestanding lighting height (ground to |uminaire) must be: m Sports fields mrcourts; outdoor stages: <25' m Perking lot: � 18' m All other areas: < 15' [) Freestanding light siting A light pole must not block awalkway, sidewalk, or curb ramp. (4) Facade lighting Building mounted lighting may only direct light downward. (5) Under canopy lighting Light fixtures on the underside of canopies, porches, or similar exterior roof areas must be fully recessed or flush with the underside surface. (6) Security lighting Security lighting must be motion activated, to limit nighttime light pollution and glare. (7) Lighting style Light poles and fixture style should be consistent with style and period of architecture on the site. Sconces orgooseneck lighting fixtures may be used to illuminate areas near building walls, directing light downward against the building we|| and areas next to the wall. VVa|| packs may only be used as security lighting on the rear wall of building. VVa|| packs must not provide general building or site lighting. Light poles must have adistinctive base, middle and top. Cobra head lights and bare metal light poles are not allowed. Exposed concrete from concrete form (sonotube)bases may only be:!� 1'above grade. (8) Color temperature Outdoor lighting color temperature must be�30OOK(warm white). This does not apply to: m Decorative lighting using :!� 25 lumen lights. m Non -fixed ortemporary lights. m Sports fields mrcourts. M (1) General requirements Zoning Code regulations for signs in the base zone apply in the Inlet Valley overlay district. (See Chapter 27O ArtideXX|X Signs.) In an overlay zone, special requirements for attached and freestanding signs in this subsection also apply. (2) Freestanding sign special requirements Height Where Zoning [ode regulations for signs allow o freestanding sign height of �i 5', the maximum freestanding sign height inanoverlay zone is 6'for esign for esingle tenant, and 8'for amulti-tenant sign. (See Chapter 270Article XX|XSignsj Setback: Freestanding sign setback must be � 5' from the public right-of-wayedge' Any freestanding sign must be outside of clear sight triangle area formed by: m lines following intersecting public right of way lines for 30' from their intersection; or m lines following e public right ofway line, and a driveway edge mralley right-of-wey line, for 15' from their intersection. Face area Maximum single tenant freestanding sign face area is 3212 in areas where Zoning Code sign regulations would normally allow aface area that is � 32 ftz' Maximum mu|titenantheestanding sign face area is 50'z in areas where Zoning Code sign regulations would normally allow aface area that is�5Oftz, Sign structure Afreestanding sign base should use natural materials, ormaterials that complement the main principal building mnthe site. Sign base and frame colors must be from a palette ofmuted colors in this K4unse|| color system range. m Hue: red, yellow -red, yellow, green-ye||ow\ green, blue-green, blue, purple -blue m Value: 3/to 10/ m Chnoma:/Oto/6 (3) Building mounted sign special requirements Building mounted signs include wall signs, canopy signs, awning signs, projecting signs,endwindowyigny. Sign area: Maximum building mounted sign area is [5096] of the default maximum sign area for the base zone. Coordinated design for multi -tenant buildings: A multi -tenant building must have acoordinated sign plan, with standards that ensure a consistent theme and visual harmony for all attached signs. Planning staff will determine if sign plan meets this requirement. (4) Sign legibility Sign faces should be simple, uncluttered, and easily readable. (5) Sign design: lighting Sign lighting may only use 6A internally illuminated or backlit letters or logos; or (�) exterior fixtures mounted above the sign so Sign lighting fixtures must be fully shielded, with the bulb not visible from a street orsidewalk. Sign lighting must meet outdoor lighting performance standards in the Town outdoor lighting law (Town Code Chapter 173). Sign lighting color temperature must be � 3000K (warm white). (6) VVayfindimg signs and kiosks A group of property or business owners who want to start wevfinding program in the Inlet Valley overlay district may request awevfinding plan and yignege program, in coordination with the Town Board. VVavfinding signs and structures must follow a Town Board -approved design scheme, template, or pattern book that meets the spirit and intent ofthe Inlet Valley overlay district design standards. (7) Additional prohibited signs These types of signs are prohibited in the Inlet Valley overlay district, in addition to prohibited signs in Chapter 27OArticle XX|X m Light box or sign cabinet signs. m Signs mndome, waterfall, bu||nose' and bubble style awnings. (8) Nonconforming signs Pre-existing commercial signs that do not comply with this section must be removed, or renovated or replaced to comply, byDecember 3l.2O3O." Section2. Chapter 270 of the Town of Ithaca Code (''Zoning'')' Article |V ("Establishment of Zones"), Section 2706 ("Enumeration of zones"), is amended by adding a new Subsection D reading as follows: IV-C Inlet Valley Center Overlay Zone Section 3. Addition of Lands to Overlay District. Ithaca Town Code Chapter 270 (Zoning) is amended by adding to the Inlet Valley Center Overlay Zone the areas denominated by purple boundary lines, and by adding to the Inlet Valley Transition Overlay Zone the areas denominated by blue boundary lines, all as shown on the map attached as "Exhibit A" to this local law. Section 4. Amendment of Zoning Map. The official zoning map of the Town of Ithaca, effective April 1, 2004, last revised on January 24, 2022, and as amended to date, is hereby further amended by inclusion of the lands described in this local law in the Inlet Valley Center Overlay Zone and the Inlet Valley Transition Overlay Zone, all as set forth in this local law. SectionL5. 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. SectionL6. This local law shall take effect immediately upon its filing with the New York Secretary ofState. a ( 11 TOWN OF ITHACA 4tr_ ''I'l''''I'll''''I'll'll''''I'll''''I'll'',lI ........... - NEW YORK To: Town Board members IFiroim: Dan Tasman, Senior Planner / Planning Department IDate: 7 February 2023 u. bJect: Inlet Valley Overlay District: zoning code amendment and rezoning Planning staff introduced the proposed Inlet Valley Overlay District to the Town Board on December 28, 2022. This action (Adoption of A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District) includes the following: Zoning code amendment: add the Inlet Valley Overlay District, a new zone with two sub -zones (IV-C: Inlet Valley center, IV-T Inlet Valley transition), to the Zoning Code (Town Code §270). Zoning map amendment / rezoning: apply either of the two Inlet Valley Overlay District sub -zones (IV-C, IV-T) to designated areas in the Inlet Valley Corridor area. (See included map.) This also includes review of the related Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, and determining environmental significance under SEQR. Proposed action Planning staff propose a new zoning district, the Inlet Valley Overlay District, with two subzones, IV-C (Inlet Valley: center) and IV-T (Inlet Valley: transition). The overlay district would apply to a corridor centered on a ± 7,000' section of Elmira Road (NY 13) between Five Mile Drive and Treman State Park. The proposed Inlet Valley Overlay District area is: IV-C (Inlet Valley center) subzone: ± 90.01 acres (gross; includes street rights -of -way) IV-T (Inlet Valley transition) subzone: ± 60.51 acres (gross) Total: ± 150.52 acres, or about 0.25 mil (gross) An overlay is a zone that "overlays" or sits on top of the original "base zone." The underlying zoning (NC: neighborhood commercial, LI: light industrial, LDR: low density residential, AG: agricultural, C: conservation) stays the same, but the overlay adds special regulations that take priority over the default regulations in the Zoning Code. These regulations include permitted uses, along with standards for site planning, architecture, landscaping, parking, screening, lighting, and signage. The proposed overlay zone is intended to implement the I -VIP Inlet Valley Ithaca Plan: Economic Feasibility Study and Strategic Plan of 2018, along with broader goals and recommendations for Inlet Valley in the Town of Ithaca 2014 Comprehensive Plan. The Planning Board reviewed the proposed code and map amendment at its meeting on January 17 and recommended its adoption. The Town Board set a public hearing for the action at their meeting on January 9, 2023. Staff recommendation Planning staff recommends (�) making a negative determination of environmental significance under SEQR, and 20 approval of the zoning code and map amendments. Department of Planning & COMMISSIONER Katherine Borgella Sustainability DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 1 Phone: (607) 274-5560 1 tompkinscountyny.gov/planning February 7, 2023 Daniel Tasman, Senior Planner Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -1, -m and -n of New York State General Municipal Law Proposed Action: Town of Ithaca Proposed Inlet Overlay District Dear Mr. Tasman: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -1, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county -wide or inter -community impact. We do, however, have the following comment on the proposed action. While the regulations, as written, do not directly pose a significant impact, the application of these regulations during future site plan review and special permit deliberations may have such an impact. As part of our review, we consulted with the Ithaca -Tompkins County Transportation Council (ITCTC). We would like to stress the need to protect the functionality of Route 13 in the Inlet Valley through the application of access management strategies on properties accessing Route 13. The aim is to reduce congestion and increase safety along the corridor. The proposed regulation does provide for access management, but we suggest emphasizing the protection of the operational capacity of Route 13 to a larger degree. Two places in the proposed overlay district text where this emphasis could be added are: • Adding another bullet to the Intent paragraph of Section 270-171.6 Design standards and guidelines: Protecting the functionality of Route 13 by implementing highway access management practices. • Adding an additional point to the Access Management section [Section 270-171.6 F(5)] of the proposed ordinance to state: Other appropriate access management techniques may be required. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, 4��- 4'4' Katherine Borgella, AICP Commissioner of Planning and Sustainability Creating and implementing plans that position Tompkins County communities to thrive. Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: (See below.) Project Location (describe, and attach a general location map): Town of Ithaca, New York (southwest; Inlet Valley) Brief Description of Proposed Action (include purpose or need): Name of action: Adoption of A Local Law Amending Chapter 270 (Zoning) of the Town of Ithaca Code, and the Official Zoning Map, to Add Inlet Valley Overlay District Provisions and to Include Certain Lands Along or Near Elmira Road, Seven Mile Drive, and Ithaca Beer Drive in the Inlet Valley Overlay District. Name of Applicant/Sponsor: Town of Ithaca Planning Department Telephone: 607-273-1747 E-Mail: dtasman (at) town. ithaca.ny.us Address: 215 N Tioga St City/PO: Ithaca State: New York Zip Code: 14850 Project Contact (if not same as sponsor; give name and title/role): Daniel Tasman / Senior Planner, Town of Ithaca Telephone: 607-273-1747 E-Mail: dtasman (at) town. ithaca. ny. us Address: 215 S Tioga St City/PO: Ithaca State: NY Zip Code: 14850 Property Owner (if not same as sponsor): (multiple owners) Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 of 4 FEAF 2019 B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, ®Yes❑No Town of Ithaca Town Board 1 February 2023 or Village Board of Trustees b. City, Town or Village ®Yes❑No Town of Ithaca Planning Board (advisory) Planning Board or Commission c. City, Town or ❑YesR]No Village Zoning Board of Appeals d. Other local agencies [-1YesR]No e. County agencies ®Yes❑No Tompkins County Planning Department (GML referred 5 January 2023 §239 referral) f. Regional agencies FlYesENo g. State agencies ❑YesR]No h. Federal agencies ❑Yes❑No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑Yes ®No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ Yes®No iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes®No C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections ' ) J • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 ®Yes❑No C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? ®Yes❑No ®Yes❑No b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): ❑Yes®No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®YesE]No or an adopted municipal farmland protection plan? If Yes, identify the plan(s): Town of Ithaca 2014 Comprehensive Plan (Inlet Valley Gateway, Agricultural, and Semi -rural character districts / future land use designations) Page 2 of 4 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. If Yes, what is the zoning classification(s) including any applicable overlay district? LI (light industrial), NC (neighborhood commercial), LDR (low density residential), AG (agricultural), C (conservation) ® Yes❑No b. Is the use permitted or allowed by a special or conditional use permit? zonling r:;Gra.le/rnap &rr�endrnon not a1ppliw. alble ❑Yes❑No c. Is a zoning change requested as part of the proposed action? ®Yes❑No If Yes, i. What is the proposed new zoning for the site? Apply new overlay zones (IV-C. IV-T), keep existing underlying zoning (see a above) CA. Existing community services. a. In what school district is the project site located? Ithaca City School District b. What police or other public protection forces serve the project site? Tompkins County Public Safety (sheriffs department) c. Which fire protection and emergency medical services serve the project site? City of Ithaca Fire Department d. What parks serve the project site? Tutelo Park (Town of Ithaca), Buttermilk Falls State Park, Robert H. Treman State Park A Project Details D.I. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? New zoning overlay district over existing C (conservation), AG (agricultural), LDR (low density residential), NC (neighborhood commercial) and LI (light industrial) zoning along NY 13 in the Inlet Valley Gateway area b. a. Total acreage of the site of the proposed action? 150.52 acres b. Total acreage to be physically disturbed? n/a acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? n/a acres Page 3 of 4 IMAddiffoaffluffiffifMM Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town of Ithaca Signature PRINT FORM Page 4 of 4 Date 22 December 2022 Title Senior Planner Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Agency Use Only [If applicable] Project : Inlet Valley Overlay District Date: February 7, 2023 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 reviewers) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer "Yes" to a numbered question, please complete all the questions that follow in that section. • If you answer "No" to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box "Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ®NO ❑ YES the land surface of the proposed site. (See Part 1. D.1) I "Yes ", answer questions a -J. I "No ", move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is less than 3 feet. E2d ❑ ❑ b. The proposed action may involve construction on slopes of 15% or greater. E2f ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed, or E2a ❑ ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q ❑ ❑ disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B 1 i ❑ ❑ h. Other impacts: ❑ ❑ Page 1 of 10 FEAF 2019 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ®NO ❑YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes ", answer questions a - c. I "No ", move on to Section 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Identify the specific land form(s) attached: Egg ❑ ❑ b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ONO [:1 YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If "Yes ", answer questions a - 1. If "No ", move on to Section I. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b, Dlh ❑ ❑ b. The proposed action may result in an increase or decrease of over 10% or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h ❑ ❑ runoff or by disturbing bottom sediments. f The proposed action may include construction of one or more intake(s) for withdrawal D2c ❑ ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d ❑ ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ❑ ❑ around any water body. k. The proposed action may require the construction of new, or expansion of existing, DIa, D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ❑✓ NO ❑ YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes ", answer questions a - h. If "No ", move on to Section S. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c. The proposed action may allow or result in residential uses in areas without water and Dla, D2c ❑ ❑ sewer services. d. The proposed action may include or require wastewater discharged to groundwater. D2d, E21 ❑ ❑ e. The proposed action may result in the construction of water supply wells in locations 132c, Elf, ❑ ❑ where groundwater is, or is suspected to be, contaminated. Elg, Elh f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21, D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑✓ NO ❑YES (See Part 1. E.2) I "Yes ", answer questions a - g. I "No ", move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. Eli ❑ ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d. The proposed action may result in, or require, modification of existing drainage D2b, D2e ❑ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, ❑ ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 g. Other impacts: 6. Impacts on Air 6. Impacts on Air The proposed action may include a state regulated air emission source. �✓ NO YES (See Part 1. 13.2.17., D.21, D.2.g) If "Yes ", answer questions a - f. If "No ", move on to Section 7. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (N20) D2g ❑ ❑ iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g ❑ ❑ iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons (HFCs) emissions vi. 43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50% of any of the thresholds in "a" through "c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) QNO ❑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 E2o ❑ ❑ threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p ❑ ❑ species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 e. The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E3c ❑ ❑ f. The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: E2n ❑ ❑ g. The proposed action may substantially interfere with nesting/breeding, foraging, or over -wintering habitat for the predominant species that occupy or use the project site. Elm ❑ ❑ h. The proposed action requires the conversion of more than 10 acres of forest, grassland or any other regionally or locally important habitat. Habitat type & information source: Elb ❑ ❑ i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. D2q ❑ ❑ j. Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) []NO ❑✓ YES I "Yes ", answer questions a - h. I "No ", move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the Etc, E3b ® ❑ NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land Ela, Elb ® ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ® ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3a ® ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ® ❑ management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, ® ❑ potential or pressure on farmland. D2c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ® ❑ Protection Plan. h. Other impacts: See Part 3 comments for more about 8 F. ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in [:]NO R YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.Lb, E.3.h.) I "Yes ", answer questions a - g. I "No ", go to Section 10. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Proposed action may be visible from any officially designated federal, state, or local E3h 0 ❑ scenic or aesthetic resource. b. The proposed action may result in the obstruction, elimination or significant E3h, C2b 0 ❑ 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) 0 ❑ ii. Year round ❑ ❑ d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents, including travel to and from work 0 ❑ ii. Recreational or tourism based activities Elc 0 ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h 0 ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla, Ela, 0 ❑ project: Dlf, Dlg 0-1/2 mile '/2 -3 mile 3-5 mile 5+ mile g. Other impacts: Overlay zoning districts will apply context sensitive site planning, architecture, ® ❑ landscaping, screening, lighting, and sign requirements. See Part 3. 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological [—]NO �✓ YES resource. (Part 1. E.3.e, f. and g.) If "Yes ", answer questions a - e. If "No ", go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may m r r a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b. The proposed action may occur wholly or partially within, or substantially contiguous E3f 0 ❑ 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 ❑ to, an archaeological site not included on the NY SHPO inventory. Source: Overlay area is near the site of Coreorgonel, a former Tutelo Nation settlement. Page 6 of 10 d. Other impacts: Overlay area includes Sunny Gables (919 Elmira Rd), which is eligible for historic designation. Overlay will also allow adaptive reuse of old barns. ✓❑ ❑ If any of the above (a-d) are answered "Moderate to large impact may e. occur", continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e, E3f, ❑ integrity. E3g, Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e, E3f, ❑ ❑ are out of character with the site or property, or may alter its setting. E3g, E3h, C2, C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a WINO ❑ YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes ", answer questions a - e. I "No ", go to Section 12. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions, or "ecosystem D2e, Elb ❑ ❑ services", provided by an undeveloped area, including but not limited to stormwater E2h, storage, nutrient cycling, wildlife habitat. E2m, E2o, E2n, E2 b. The proposed action may result in the loss of a current or future recreational resource. C2a, Elc, ❑ ❑ C2c, E2 c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c ❑ ❑ with few such resources. Elc, E2q d. The proposed action may result in loss of an area now used informally by the C2c, Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑✓ NO ❑ YES environmental area (CEA). (See Part 1. E.3.d) I "Yes ", answer questions a - c. I "No ", go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ✓INO ❑ YES (See Part 1. D.2.j) I "Yes ", answer questions a -,f I "No ", go to Section 14. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c. The proposed action will degrade existing transit access. D2j ❑ ❑ d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e. The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. �✓ NO YES (See Part 1. 13.21) If "Yes ", answer questions a - e. If "No ", go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k commercial or industrial use. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e. Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES (See Part 1. D.2.m., n., and o.) I "Yes ", answer questions a -,f I "No ", go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, 132m, Eld ❑ ❑ hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky -glow brighter than existing area conditions. D2n, Ela ❑ ❑ f. Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure �✓ NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes ", answer questions a - m. I "No ", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day Eld ❑ ❑ care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg, Elh ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site Elg, Elh ❑ ❑ remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg, Elh ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg, Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r, D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf, Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill Elf, Elg ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the D2s, Elf, ❑ ❑ project site. D2r in. Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ✓ NO YES (See Part 1. C.1, C.2. and C.3.) If "Yes ", answer questions a - h. If "No ", go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, Dla ❑ ❑ contrast to, current surrounding land use pattern(s). Ela, Elb b. The proposed action will cause the permanent population of the city, town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 ❑ ❑ d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ❑ ❑ plans. e. The proposed action may cause a change in the density of development that is not C3, Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld, Dlf, D 1 d, Elb f. The proposed action is located in an area characterized by low density development C4, D2c, D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts (e.g., residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. R]NO YES (See Part 1. C.2, C.3, D.2, E.3) I "Yes ", answer questions a - g I "No ", proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 ❑ ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, Dlf ❑ ❑ there is a shortage of such housing. Dlg, Ela d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 ❑ ❑ Ela, Elb Egg, E2h g. Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 Town of Ithaca: Inlet Valley Overlay District Full Environmental Assessment Form (FEAF) supplemental narrative IPairt 1: IPir Ject and Setting A: Project and applicant / Sponsor information I Brief description of proposed action Proposed action The Town of Ithaca is proposing a new zoning district (with two subzones), the Inlet Valley Overlay District (IV). The overlay district would apply to a corridor centered on a ± 7,000' section of Elmira Road (NY 13) between Five Mile Drive and Treman State Park. Adoption of the overlay district will include these actions: • Zoning code amendment: add the Inlet Valley Overlay District, a new zone with two subzones (IV-C: Inlet Valley center, IV-T Inlet Valley transition), to the Zoning chapter (Town Code Chapter 270). • Zoning map amendment / rezoning: apply either of the two Inlet Valley Overlay District subzones (IV-C, IV-T) to designated areas in the Inlet Valley Corridor area. (See included map. Current base zone will not change.) NC (neighborhood commercial) and LI (light industrial) zoning on lots fronting Elmira Road between Five Mile Drive and Seven Mile Drive are an obstacle to implementing the Town's plans for the Inlet Valley Gateway. In recent years, the Planning Department fielded many inquiries for possible uses and projects along Elmira Road in Inlet Valley. Some proposals meet the spirit of the Town's plans, but the current zoning wouldn't allow them. A proposal several years ago for an auto mall complex, if approved, would likely have led to other out -of -scale projects that would have overwhelmed the surrounding built and natural environment. The Inlet Valley Overlay District would allow uses and development of a kind and scale that makes sense for and complements the area, and prohibit uses and development that could be out of place or harmful. It would put the Town's vision for the area into action, and provide more certainty for stakeholders. The overlay is also intended to keep Elmira Road from becoming a general commercial or semi -industrial strip; a common fate among many similar areas throughout the country. Overlay subzones and location An overlay is a zone that "overlays" or sits on top of the original "base zone". The underlying zoning stays the same, but the overlay adds special regulations or incentives that take priority over certain default regulations. The Inlet Valley Overlay District is made up of two subzones; IV-C (Inlet Valley: center) and IV-T (Inlet Valley: transition). IV-C (Inlet Valley: center) The IV-C overlay subzone is planned for the center or core of the Inlet Valley Gateway Focus area; lots fronting a ± 3,900' section of Elmira Road from Five Mile Drive to ± 450' southeast of Seven Mile Drive. This also includes lots on Brewery Lane and the south end of Ithaca Beer Drive. The IV-C area would cover about the same area as the Inlet Valley Gateway (future land use) character district in the 2014 Comprehensive Plan. While lightly developed in general, the proposed IV-C area is the most built up part of Inlet Valley. The IV-C subzone would overlay LI (light industrial) zoning at the northeastern end, and NC (neighborhood commercial) zoning around the Elmira Road / Seven Mile Drive intersection. The IV-C area also includes some smaller lots with LDR (low density residential) zoning on the south side of Elmira Road, Depending on the underlying zoning, the IV-C subzone would allow low intensity retail, office, lodging, or artisanal semi -industrial uses that complement nearby state parks and outdoors/agritourism attractions. This is along with agricultural and low density residential uses that the underlying zoning allows. IV-T (Inlet Valley: transition) The IV-T subzone area extends southward from the area around the Elmira Road / Calkins Road intersection, to the historic Sunny Gables (Turback's) house. The proposed IV-T overlay subzone area is much less built up; the Eddydale Farm Market, Early Bird (Sheldrake) farm stand, farm fields and fallow land, and a few single family houses make up the roadscape. Lots in this area have AG (agriculture) and LDR (low density residential) zoning. The IV-T overlay subzone will act as a transition zone between more developed parts of the Inlet Valley Gateway area (IV-C overlay), and Robert Treman State Park. The subzone will allow a limited range of small scale commercial uses, in keeping with underlying Natural/Open, Rural/Agriculture, and Semi -Rural Neighborhood future land use designations in the Comprehensive Plan. This is along with currently permitted agricultural and low density residential uses. Site and building design The proposed overlay district regulations also have special standards for these aspects of site design. • Building design: elevation and wall form, wall articulation, consistent design on visible elevations, roof form and materials, cladding materials and color, trim, window and door area and design, building entrance orientation and design, formula (chain) architecture, rooftop/building mounted mechanical equipment location and screening. • Landscaping: groundcover, tree preservation, foundation planting, parking lot landscaping. • Parking and vehicle circulation: size and visibility, parking lot siting, surface materials, circulation, access management, lot -to -lot connection, internal and perimeter landscaping, stormwater management. • Pedestrian and bicycle facilities. • Fences and walls: permitted materials, height and location. • Service and equipment areas: siting, screening • Utilities: underground utilities. • Outdoor lighting: performance standards, pole height and siting, facade and canopy lighting, security lighting, light pole and fixture style, light color temperature. • Signs: freestanding and attached sign special requirements, sign legibility, wayfinding signs, additional prohibited signs, removal of nonconforming signs. These requirements implement goals and recommendations related to aesthetics and design in the 2014 Town of Ithaca Comprehensive Plan, the Recoding Ithaca report from 2017, and the more recent I -VIP Inlet Valley Ithaca Plan: Economic Feasibility Study and Strategic Plan. Many of these standards address aspects of building and site design that the Town's zoning regulations are now silent on. They'll help reduce the visibility of parking and utility areas, promote regional vernacular architecture and natural building materials, and ensure new development fits into its setting as much as possible. Design standards also offer more certainty to those developing or upgrading their properties, nearby landowners, and Town officials. Background 1956: Elmira Road Study The Proposed Development Plan: Bostwich (sic) Elmira Road Area study from 1956 identified the Elmira Road corridor from Five Mile Drive and Seven Mile Drive as an ideal location for light manufacturing. The plan was written in advance of the proposed Appalachian Thruway (1-99), which would have passed through the valley and the City of Ithaca. The Town implemented the plan by adopting light industrial zoning along Elmira Road southeast of Five Mile Drive. The Appalachian Thruway, and the predicted demand for industrial space, never came to fruition. 2014: Comprehensive Plan The 2014 Comprehensive Plan future land use plan identifies the "Inlet Valley Gateway" character district as a special focus area, distinct from more general character districts. The Plan targets the Inlet Valley Gateway area as a "setting for a mix of office, small-scale retail, hospitality, and tourism and agritourism uses, with low -impact light industrial, artisanal industrial, and skilled trade uses." The Plan also recommends special site planning and design standards for the area, and lays out specific design recommendations for future development. The Plan also discourages agglomeration of mechanical commercial uses (gas stations, auto/RV/powersports dealers, heavy equipment rental, building trade uses, and the like), and actions that could result in strip commercial development. 2017-2018: Inlet Valley steering committee and strategic planning In November 2017, the Town issued a request for qualifications (RFQ) for an economic development feasibility study and strategic plan for the Elmira Road corridor in the Inlet Valley area. The Town's goal was to "determine the economic feasibility of this corridor being an attractive and suitable location for the growth and development of businesses related to hospitality, tourism, agriculture, including agriculinary tourism, and other similar uses as outlined in the town's 2014 Comprehensive Plan." Following several months of research and outreach efforts to stakeholders, consultants drafted the I -VIP Inlet Valley Ithaca Plan: Economic Feasibility Study and Strategic Plan. The document's findings and recommendations included: • Leveraging the area's location between two state parks, and its "general rural -recreational -agricultural character" • Future development that reinforces a rural -recreational -agricultural and agriculinary theme. • A new zoning district to "improve the aesthetic appearance of the corridor, encourage a mix of compatible land uses and help create a "brand identity" for the corridor which would support tourism and marketing...." • Design standards for architecture, site layout, stormwater retention, and landscaping. • Special sign requirements, and an 8-10 year period for amortization and removal of nonconforming signs. • Prohibiting uses like self -storage facilities, which could undermine broader goals for the area. These planning efforts were funded through a grant from Empire State Development. 2019-2022: drafting regulations A consultant team working in association with the authors of the strategic plan created an early draft of overlay regulations for the Inlet Valley Gateway area. Planning staff, with the guidance of the Planning Committee, used those early documents as the foundation for drafting overlay regulations in a form that's easier to use and interpret. Compared to the consultant draft overlay regulations, the Planning staff draft also allows a somewhat broader range of uses, and applies a more prescriptive yet still flexible approach to site and building design. IPairt # IE allluatioinm of the inna nirfu 'e aind iiinn1poirfairmce of project uiirrmlpacts aidde-terinniinatiiioinm o sigi iii iucai ce There are five aspects of development that this action could affect: • Agricultural resources (#8) • Aesthetic resources (#9) • Historic and archaeological resources (#10) • Consistency with community plans (#17) • Consistency with community character (#18) Agricultural resources (#8) Any adverse impacts on agricultural resources will not be significant. Earlybird Farm (806 Elmira Road at Calkins Road) fronts the west side of Elmira Road at the southern end of the overlay area. Part of the farm would be in the IV-T (Inlet Valley transitional) overlay subzone. The most visible parts of Early Bird Farm as viewed from Elmira Road are also the most built up; greenhouses, a barn, a farm stand, two houses, three houses, and various small accessory buildings. The farmscape is visible behind a site that functions as a small construction and material storage yard. That site is part of a larger Earlybird Farm lot. Any development or uses that the Inlet Valley overlay allows would be outside the farm's current working lands. There is a small crop field south of the Eddydale Farm Stand (827 Elmira Road), also at the southern end of the overlay area. The field doesn't meet the definition of "land used in agricultural production" (minimum of 7 acres) in New York State law, because of its size (2 acre lot). With current LDR (low density residential) zoning, and a separate lot from the farm stand, the field could be the site of some limited commercial uses under the proposed IV-T (Inlet Valley transition) overlay subzone. South of Eddydale, there hasn't been any agricultural activity on the Sunny Gables site (919 Elmira Road) in recent memory. However, Sunny Gables is still important in the larger story of agriculture in Upstate New York, as it was once the longtime home of Howard Babcock, who headed one of the cooperatives that merged to form Agway in 1964. The former farm at Sunny Gables was also the site of groundbreaking agricultural research in the 1930s. Because there is potential for more intensive adaptive reuse of the site (see a description in #10) under the proposed Inlet Valley overlay, reuse as a farm that meets the definition of an agricultural use New York State law because of the potential for more intensive adaptive reuse of the site. At the north part of the overlay area (IV-C, Inlet Valley: center), farm fields are part of the viewscape beyond commercial and industrial uses (Rodeway Inn, Economy Inn, Collegetown Cab, International Climbing Machines, Ithaca Auto Service, Bennett Tools and Die), and undeveloped lots, east of Elmira Road at the north end of the overlay area. These farm fields are outside of the proposed overlay area. Site planning requirements for building setbacks and coverage area will help maintain open areas between buildings, and visibility of farmland beyond from Elmira Road. Aesthetic resources (#9) While the action will have an impact on aesthetic resources, we expect it will be positive, not harmful. Elmira Road (NY 13) has the form of a rural arterial through Inlet Valley; two lanes, shoulders, ditches or swales, gentle turns and rises, a terminating vista of hills to the south, and a view off to a forested hillside to the west. Development under the proposed overlay zone regulations will not harm these viewscapes more than under current regulations. The built environment along Elmira Road leaves much more to be desired. To drivers approaching Ithaca on NY 13 from the south, the roadscape through Inlet Valley doesn't offer a good first impression. The general feel of the area can be described as "rural sprawl", with unpolished and utilitarian commercial and industrial sites encroaching on an otherwise sylvan countryside setting. At the northern end of the proposed Inlet Valley overlay area (IV-C / Inlet Valley: center), Elmira Road is lined with scattered commercial and industrial buildings, motels, and commercial buildings, and older (mostly pre -WWII) houses. Many buildings and sites are poorly maintained. South of Seven Mile Drive (proposed IV-T / Inlet Valley transition overlay), the roadscape takes on a more semi -rural character, with more widely spaced houses, farm buildings, and a larger farm/produce market. The built environment along Elmira Road developed without guidance from any architectural, landscaping, or siting regulations, aside from basic setback and bulk requirements (if building happened after the Town of Ithaca adopted zoning). Most industrial and commercial buildings have a utilitarian appearance. The Elmira Road corridor also has several pre-engineered metal buildings, some abandoned commercial and agricultural buildings, and a site that looks like a construction equipment and material yard on what's otherwise a working farm. With a few exceptions, most business parking is visually prominent, sited in front yards between a building and the roadway. Some parking lots are in the form of informal parking patches. A few parking lots have unnecessarily wide driveways or continuous curb cuts, which can confuse vehicle circulation, blur the distinction between the public right-of-way and private property, reduce landscaping area closer to the road, and create a hostile environment for cyclists and pedestrians. Wired utilities are pole mounted. Sign clutter is minimal, and the Elmira Road corridor has no billboards or off -premises signs. However, a few businesses have pole signs with a height or size that is out of scale for their setting. The proposed overlay zone requires removal of nonconforming signs before an amortization period ends in 2030. Aside from the distant views and wooded surroundings, the existing land use pattern and appearance of Inlet Valley is not necessarily desirable. One goal of the Inlet Valley overlay zone is to improve the visual character of the area over time, through special context sensitive standards for architectural design, landscaping, site planning, fencing and screening, lighting, and signs that apply to new development and redevelopment. In this case, "context sensitive" does not mean perpetuating undesirable or unattractive elements of existing development. Historic and archaeological resources (#10) We expect the action will have a positive impact on historic and archaeological resources because it's intended to encourage adaptive reuse of historic sites. Coreorgonel The Inlet Valley overlay area is near the possible site of Coreorgonel, a former Tutelo Nation settlement. In the early 1700s, a group of Tutelo people, migrated north from their homelands in Virginia to seek the protection of the Haudenosaunee (Iroquois) Nation, their former enemies. The Cayuga adopted the Tutelo and a related tribe, the Saponi, in 1753. One of the Tutelo's new villages, Coreorgonel, was in Inlet Valley. In 1779, a detachment of the Sullivan -Clinton Expedition under Colonel Henry Dearborn, tasked with wiping out Native opposition to the American Revolution, burned the village and displaced the inhabitants. Many survivors fled north to Canada with the Cayuga people. Historians believe the site of Coreorgonel is near the intersection of Elmira Road (NY 13) and Five Mile Drive (NY 13 A). In 1993, landscape architecture staff and students from Cornell University conducted an archaeological study of sites in the Inlet Valley to find and preserve Native sites. The study, which took place outside of the proposed Inlet Valley overlay area, didn't find the site of Coreorgenel. Sunny Gables / Williams House / Turback's The overlay area includes Sunny Gables (also called the Williams House, House of the Eleven Gables, and Turback's) at 919 Elmira Road. Sunny Gables, built in 1851, is a Gothic Revival house that is eligible for New York State historic designation. The house was built by Thomas Jefferson Williams to designs by Samuel V. Grahman. The house is sited on a prominent rise, facing northbound traffic on NY 13. The Williams Family worked the surrounding farm for at least four generations. The house is supposedly the first in the town with indoor plumbing, installed during renovations in 1875. Howard Babcock took ownership of Sunny Gables in 1919. Babcock was the head of the Grange League Federation Exchange (GLF), one of the three regional cooperatives that merged to form Agway in 1964. Babcock helped develop innovative farming practices that helped many farmers survive the Depression on the adjacent farmland. Cornell graduate Michael Turback had an eponymous restaurant at Sunny Gables from 1968 to 1997. In 1967, a major fire did extensive damage to the building, but it was fully rebuilt. Unfortunately, Sunny Gables has been vacant for several years. There has supposedly been recent scrapping activity, and intermittent use of the building as a shelter by unhoused people. The exterior condition of the building is still sound, with no broken windows. The Sunny Gables site is in the LDR (low density residential) zone. After the zoning code and map amendment, it would also be in the IV-T (Inlet Valley: transition) overlay zone. The combination of base zone (LDR) and overlay (IV-T) would allow a small inn, restaurant, office or wellness use, or event center that would provide more opportunities for context sensitive adaptive reuse. Consistency with community plans (#17) The action is largely consistent with community plans. The special use and site plan review processes will help ensure future development and uses meet the spirit and intent of the Comprehensive Plan. The proposed IV-C (Inlet Valley: center) overlay subzone area is largely coterminous with the Inlet Valley Gateway character district in the 2014 Town of Ithaca Comprehensive Plan. The Comprehensive Plan describes the Inlet Valley Gateway district as: ... a setting for a mix of office, small-scale retail, hospitality, and tourism and agritourism uses, with low -impact light industrial, artisanal industrial, and skilled trade uses. The scale, architecture and landscaping of future development will need to be carefully designed and articulated. This area should retain a semi -rural character, with deep setbacks from arterial streets, wide spacing between uses, landscaped front yards, and vehicle parking sited on the side and/or rear of structures. Shared curb cuts will reduce potential conflicts with highway traffic. Sidewalks should follow streets, with connections to adjacent areas planned for residential development. Architectural design, landscaping, and site planning regulations should apply to all uses in this area, including industrial uses. Agglomeration of mechanical commercial uses, and incremental expansion of commercial zoning resulting in strip commercial development, will be strongly discouraged. The I -VIP: Inlet Valley Ithaca Plan: Economic Development Feasibility Study and Strategic Plan from 2018, prepared by a consultant as part of the Town's planning efforts for the area, covered a larger area, extending from Buttermilk Falls State Park southward along Elmira Road to the town line. This study area informed earlier concepts for a larger Inlet Valley overlay zone area, stretching from the southern edge of Buttermilk Falls State Park to the northern edge of Robert Treman State Park. The extent of the greater overlay zone area was gradually reduced as consultants, and later Town Planning staff, drafted the proposed overlay zone regulations. The currently proposed IV-T (Inlet Valley: transition) overlay subzone area is outside of the Inlet Valley Gateway area, extending south from the Elmira Road / Calkins Road intersection to 919 Elmira Road (Sunny Gables / Turback's), about 2,100' (640 m) north of the Town of Ithaca / Town of Newfield boundary. Comprehensive Plan future land use character districts in this area include Natural/Open, Rural/Agricultural, and Semi -Rural Neighborhood. From the Plan:3.1.1 Natural/open (pg 50) Purpose: The Natural/Open character district is intended for lands that should be kept in a natural or semi -natural state. The integrity of features such as wetlands, mature woodlands, watercourses, steep slopes and viewsheds will be preserved. To the maximum extent possible, structural improvements will be limited. Uses will be mainly of a passive nature, related to the aesthetic, educational, recreational, and scientific enjoyment of the land. Uses: Parks (predominantly passive recreation), conservation areas, nature preserves, arboretums, open space, low impact recreation, natural sciences research and education, limited agroforestry and forest gardening, uses necessary for resource management and conservation, sparse residential development on a case -by -case basis. 3. 7.2 Rural / agricultural (pp 51-52) Purpose: The Rural/Agricultural character district is envisioned to be a bucolic, sparsely settled area that may be cultivated or adapted for human use in an open or semi -natural state. Agriculture and other uses consistent with a rural setting will be the defining features of the landscape. The right to farm will be respected, and agritourism and related value-added operations will be encouraged to keep agricultural uses viable. New concentrated animal feeding operations (CAFO) should be discouraged. Building footprints should be small in relation to the underlying lot, and clustered or grouped where appropriate to preserve contiguous open lands and rural vistas. Residential and non-agricultural buildings should be sparsely located, and sited in a pattern that honors environmental features and agricultural uses. Frontage subdivision should be greatly restricted. ... Uses: Agriculture, agritourism and secondary value-added operations, equestrian uses, agricultural and animal husbandry research and education, open space, low impact recreation, sparse residential development. 3.2.7 Semi -rural neighborhood (pp 53-54): Purpose: The Semi -Rural Neighborhood character district is intended to accommodate limited low -impact residential development in a semi -rural setting, while preserving the open character of the surrounding countryside. Desired development forms include larger lot development with significant preservation of open space; and clustered development with a variety of detached and semidetached housing close to urbanizing and developed areas where utilities exist and more frequent public transit service may be available. Development should be integrated into the surrounding agricultural and natural landscape, and sited to have a low visual impact from arterial and collector roads and viewscape corridors. Large contiguous parcels of agricultural, forest and/or environmentally sensitive land in a development area should be preserved. Acreage lot development should be discouraged, and frontage subdivision greatly restricted. ... Principal uses: Single household residences, accessory units, multiple household residences in cluster developments, open space. Supporting uses: Agriculture and agritourism, parks and recreation facilities, limited artisanal/cottage industrial uses, very limited low -intensity commercial and office uses, home occupations.... The area of the proposed IV-C and IV-T overlay subzones follows Elmira Road for about 7,000' (2,100 m). The Comprehensive Plan discourages strip commercial development. From the Comprehensive Plan: LU-1-H (pg 12): Limit the acreage of land zoned for commercial and industrial uses in the Town to only the amount realistically needed to meet current and future demand. Discourage strip commercial zoning and speculative rezoning. The proposed IV-T overlay subzone will allow limited small scale commercial uses (arts and crafts studio, industrial arts studio, outdoor outfitting/sporting goods, restaurant/cafe, up to 1,50012 gross floor area on a lot) in the IV-T overlay, subject to special use and site plan review and approval by the Planning Board. The proposed IV-T overlay zone will also allow adaptive reuse of historic structures and sites for a retreat/event venue. Planning staff and the Planning Board will need to carefully consider how these uses, and others that require special review and site plan approval, meet the spirit and intent of the Comprehensive Plan, along with other criteria in the Town's zoning code. Consistency with community character (#18) We expect the action will have a positive impact on community character. Inlet Valley has some traits of idealized "rural character"; a rolling landscape, farms and farm stands, older vernacular houses, views of forested hills, a rural cemetery, and young forest lands. Open spaces between widely spaced buildings define the built environment. The proposed Inlet Valley overlay zone is intended to help preserve and build upon these established traits. Not all aspects of "existing community character" are representative of an ideal rural or semi -rural environment. The general feel of the area can be described as "rural sprawl", with unpolished and utilitarian commercial and industrial sites encroaching on an otherwise sylvan countryside setting. The Planning staff response to #9 (aesthetic resources) goes into more detail about "rural sprawl"; traits of the existing built environment of Inlet Valley that might be common in urban -rural fringe areas throughout the country, but which don't represent an ideal rural setting or "gateway". One goal of the Inlet Valley overlay zone is to bring the built and natural environment closer to a "rural ideal" over time. This includes requirements that places a high value on green open spaces between buildings, working farms, vernacular architecture and site -built buildings, naturally occurring and more formalized landscapes, site planning at a more human scale, and land uses that complement their surroundings and the two nearby state parks. Attachment 2 TOWN OF ITHACA LOCAL LAW NO. 4 OF THE YEAR 2023 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," BY ADDING ARTICLE VIII ENTITLED "INFRASTRUCTURE EXEMPTION" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 (Taxation), of the Town of Ithaca Code, is amended by adding Article VIII, "Infrastructure Exemption," as follows: "Article VIII Infrastructure Exemption § 239-28 Title and applicability. This article shall be known as the "Infrastructure Tax Exemption Law." This article shall provide an exemption from certain real property taxation on residential building lots of the value of the infrastructure constructed in a residential subdivision that is intended to be dedicated to the Town or one of its special districts. § 239-29 Declaration of policy. As part of the approval process of residential subdivisions, the Town (including its boards and departments) may require such subdivisions to include infrastructure which is ultimately dedicated to the Town. The additional value attributable to such infrastructure should be exempt from taxation of the subdivision lots for three years or until a certificate of occupancy is issued for a residence constructed on a building lot in such subdivision (whichever is less), in order to minimize the negative impact of the taxes on the affordability of single-family and two-family residences in the Town. § 239-30 Definitions. As used herein, the following terms shall have the meaning indicated: The following facilities which are intended to be dedicated to the Town or a special district thereof: streets, storm and sanitary sewers, drainage facilities, and any other facilities required by the Town to be installed in a residential subdivision as noted on the final plat plan for such residential subdivision. NEW RESIDENTIAL SUBDIVISION A residential subdivision approved by the Town after the effective date of this article and which has a final plat filed with the Tompkins County Clerk's office after the effective date of this article. Attachment 2 The division of any parcel of land into any number of residential building lots, plots or sites as defined in Town Code Chapter 234 (Subdivision of Land). TAXABLE STATUS DATE The date determined annually as required in New York Real Property Tax Law § 302. § 239-31 Statutory authority. The Town Board hereby enacts this article to provide for an infrastructure tax exemption pursuant to New York Real Property Tax Law § 485-g. § 239-32 Authorization and application. A. Residential building lots that are part of a plat for a new residential subdivision which includes infrastructure intended to be dedicated to the Town or a special district thereof shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure. Such exemption shall be granted until the issuance of a certificate of occupancy for a residence constructed on a building lot in such subdivision or for three years from the grant of the exemption (whichever is less). Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of said certificate of occupancy but in no event longer than three years from the grant of the exemption, the exemption shall lapse. B. To obtain an infrastructure exemption, an owner of real property constituting a new residential subdivision must file an application with the Tompkins County Department of Assessment on a form prescribed by the New York State Department of Taxation and Finance. The application shall be filed with the Tompkins County Department of Assessment on or before the taxable status date, and not later than one year from the date of completion of construction, installation or improvement of the infrastructure within the new residential subdivision. C. Pursuant to New York Real Property Tax Law § 485-g, the Tompkins County Assessment Department, upon review of the application made by the owner and determination that such owner is entitled to the exemption, shall approve such application, and such real property shall thereafter be exempt from taxation as herein provided, commencing with the assessment roll prepared after the taxable status date. D. Pursuant to New York Real Property Tax Law § 485-g, the assessed value of any infrastructure exemption shall be entered by the Tompkins County Assessment Department on the assessment roll with the taxable property, with the amount of the exemption entered in a separate column. § 239-33 Filing with New York State Department of Taxation and Finance. A copy of this article shall be filed with the New York State Department of Taxation and Finance, which pursuant to New York Real Property Tax Law § 201 has the powers, functions and duties formerly granted to the Office of Real Property Services." Section 2. In the event that any portion of this law is declared invalid by a court of 2 Attachment 2 competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. Attachment 3 TOWN OF ITHACA LOCAL LAW NO.5 OF THE YEAR 2023 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," BY ADDING ARTICLE IX TITLED "CAPITAL IMPROVEMENT EXEMPTION" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 (Taxation) of the Town of Ithaca Code is amended by adding Article IX, "Capital Improvement Exemption", as follows: "Article IX Capital Improvement Exemption § 239-34 Purpose. The purpose of this article is to grant a partial exemption from taxation for capital improvements to residential buildings within the Town of Ithaca as authorized by § 421-f of the New York Real Property Tax Law. § 239-35 Title. This article shall be known as the "Town of Ithaca Capital Improvement Exemption Law." § 239-36 Statutory authority. This article is enacted under the power granted to the Town by New York Real Property Tax Law § 421-f. § 239-37 Definitions. For purposes of this article the following terms shall be defined as follows: EXEMPTION The exemption from taxation and special ad valorem levies granted by this article. RESIDENTIAL BUILDING Any building or structure designed and occupied exclusively for residential purposes by not more than two families. § 239-38 Exemption granted. Residential buildings reconstructed, altered or improved subsequent to the effective date of this article shall be exempt from taxation and special ad valorem levies to the extent provided hereinafter. Attachment 3 § 239-39 Amount of exemption. A. Subject to the provisions of § 421-f of the New York Real Property Tax Law and this article, the increase in assessed value attributable to a reconstruction, alteration or improvement which qualifies for exemption shall receive the following exemption percentages: Year Exemption Percentage 1 100% 2 87.5% 3 75% 4 62.5% 5 50% 6 37.5% 7 25% 8 12.5% B. Such exemption shall be limited to $80,000 in increased market value of the property attributable to such reconstruction, alteration or improvement. Any increase in market value greater than $80,000 shall not be eligible for the exemption pursuant to this article. C. The exemption base for each year shall be calculated pursuant to and be subject to the provisions of New York Real Property Tax Law § 421-f. § 239-40 Additional eligibility requirements. A. No such exemption shall be granted for reconstruction, alterations or improvements unless: (1) Such reconstruction, alteration or improvement was commenced after the effective date of this article; (2) The value of such reconstruction, alteration or improvement exceeds $3,000; (3) The greater portion, as so determined by square footage, of the building reconstructed, altered or improved is at least five years old; and (4) Such reconstruction, alteration or improvement consists of an addition, remodeling or modernization to an existing residential structure to prevent physical deterioration of the structure or to comply with applicable building, sanitary, health and/or fire codes. OA Attachment 3 B. For purpose of this section, the terms "reconstruction," "alteration" and "improvement" shall not include ordinary maintenance and repairs. C. The exemption provisions of this article shall not apply to detached garages or any other structures accessory to the principal residential structure. § 239-41 Application for exemption. Such exemption shall be granted only upon timely application by the owner of such building on a form prescribed by the New York State Department of Taxation and Finance Commissioner or their delegate. The original of such application shall be filed with the Tompkins County Department of Assessment, on or before the appropriate tax status date of the Town or other assessing entity. Application for the exemption must be filed with the Tompkins County Department of Assessment within one year after the date of the certificate of occupancy issued by the Town of Ithaca. § 239-42 Approval by Tompkins County Assessment Department. Pursuant to New York Real Property Law § 421-f, if the Tompkins County Assessment Department is satisfied that the applicant is entitled to an exemption pursuant to this article, the Tompkins County Assessment Department shall approve the application and such building shall thereafter be exempt from taxation and special ad valorem levies as herein provided commencing with the assessment roll prepared on the basis of the taxable status date. The assessed value of any exemption granted pursuant to this article shall be entered by the Tompkins County Assessment Department on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. § 239-43 Expiration of exemption. In the event that a building granted an exemption pursuant to this article ceases to be used exclusively for residential purposes or title thereto is transferred to any entity or person other than the estate, heirs or distributees of the owner, the exemption granted pursuant to this section shall cease and omitted taxes shall be computed from the date of transfer. § 239-44 Filing requirements. The Town Clerk shall file a copy of this article with the New York State Department of Taxation and Finance commissioner or their delegate, and the Tompkins County Assessment Department. § 239-46 Amendments. Any amendment or rescission of this article shall not reduce or repeal any exemption previously granted under it. § 239-47 Building permits. No reconstruction, alteration or improvement otherwise eligible for exemption under this article shall receive such exemption unless all building permits required by the Town of Ithaca shall have been acquired prior to the start of such reconstruction, alteration or improvement." Section 2. In the event that any portion of this law is declared invalid by a court of Attachment 3 competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 11 Attachment 4 TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 2023 A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE, TITLED "TAXATION," BY ADDING ARTICLE X TITLED "MEMBERS OF VOLUNTEER FIRE COMPANIES AND AMBULANCE SERVICES EXEMPTION" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 (Taxation), of the Town of Ithaca Code, is amended adding Article VIIII, "Member of Volunteer Fire Companies and Ambulance Services Exemption" as follows: "Article X Members of Volunteer Fire Companies and Ambulance Services Exemption § 239-48 Definitions. As used in this article, the following terms shall have the meanings indicated: 91 R13 N 0 01 1 U I Old An enrolled member of a fire/ambulance company. FIRE/AMBULANCE COMPANY Any incorporated volunteer fire company, incorporated volunteer fire department, or incorporated volunteer ambulance service serving the Town of Ithaca. § 239-49 Extent of exemption. Pursuant to the provisions of Real Property Tax Law § 466-a and this article, real property which is the primary residence of an enrolled member, or of an enrolled member and such member's spouse, shall be entitled to an exemption from all Town real property taxes, exclusive of special assessments, to the extent of 10% of the assessed value of such property. § 239-50 Qualifications for annual exemption. Qualifications for annual exemption: A. The enrolled member applicant must reside in the Town of Ithaca; B. The property is the primary residence of the enrolled member applicant; C. The property must be used exclusively for residential purposes; provided, however, that in the event any portion of such property is not used exclusively for the enrolled member applicant's residence, but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this article; and Attachment 4 D. The enrolled member applicant has been certified by the authority having jurisdiction for the Town fire/ambulance company as an enrolled member of such fire/ambulance company for at least two years. § 239-51 Qualifications for lifetime exemption. Qualifications for lifetime exemption: A. The enrolled member applicant must reside in the Town; B. The property is the primary residence of the enrolled member applicant; C. The enrolled member applicant has been certified by the authority having jurisdiction for a Town fire/ambulance company as an enrolled member of such fire/ambulance company for more than 20 years; D. The property must be used exclusively for residential purposes; provided, however, that in the event any portion of such property is not used exclusively for the enrolled member applicant's residence, but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this article. § 239-52 Application. Application for such exemption shall be filed with the Tompkins County Assessment Department on or before the taxable status date on a form as prescribed by the New York State Department of Taxation and Finance Commissioner or their designee. Section 2. 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 3. This local law shall take effect immediately upon its filing with the New York State Secretary of State. PA Short Environmental Assessment Form Part I - Project Information Instructions for Co feting Part I — Project 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 Fart 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. Complete all items in Part I. 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 I — Project and Sponsor Information ......... ................................................................................................................................................................................................................................................................... ................. Name of Action or Projecc Acquisition of property from Estates of Isaac and Hazel Cortrighl ........... ..................................................................................................................................................................................................................................... ....................................... ..................... ­­­­ ......... . .................................................................................................................... I .................................................................................................. Project Location (describe, and attach a location map): 653 Elmira Road, Ithaca, NY, 14850 TF1# 35,-1-18 ................. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ . .................................................................................................. Brief Description of Proposed Action: The proposal involves acquisition of approximately 45.141 +/- acres at 653 Elmira Road (NYS-1 3; Tax Parcel No. 35.-1-18) currently owned by the Estates of Isaac and Hazel Cortright. The purpose of the acquisition is to provide land for the future Black Diamond Trail, a New York State recreational trail project that has been in development for over twenty years. The property is being purchased by the Town of Ithaca for eventual conveyance to New York State Parks. No development is proposed. Subdivision by Planning Board, lot size variance by ZBA, and property acquisition by Town Board - ------------------------------------------------------- Narn e of A)pficarit m Sponsor: 1"CIC01011c: 607-2731721 Rod Howe -p�vniSupervisor,,rownc,,IIthi,3c,,,ai E.-Mail: rhowe@tawn iffiaca.nyms .............. ............................................. ­­­­ .................. AJ dress: 215 North Tloga Street C, Ity/po: ci& —_. _uuµ w. ,w. ,w. , wwM wM µw. ,w. 11111 aca NY 450 1. Does the proposed action only involve the legislative adoption of aplan, local law,ordinance, INIO f"I's administrative rule, or regulation? If Yes, attach a narrative descry p6on of the intent of the proposed action and the envirofiTitntal resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. .................................... ................................................................. . ..................................... ............................................................................... . ............ ........................................................................................................ ...................................................................................................................................................................................................................................................................... . ....... ­11, . . ......................... ............... .................... yrl, 1 Does the proposed action require a permit, approv ni(' A,gi.mey? UVa,from any 2�Xgovd-nment -Area Variance- IfYcs, list agency(s) name and permit or approval. vision; TB-prop�� aquisition Ox ...... ... ........................................................................................................................................................................................... - . .... . . ................... . ..... ­­ . .................... ..................................................... ............... .................................................................................................. ........ ................................................... ........... . . ................................... a, Total acreage of the site of the proposed action? 45 1$1 acn.��s b. Total acreage to be physically disturbed? bacres c . Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 47 V3 acres ------------------------------------------------------------------------------------------------------------------------ ----------------------------------------------------------------------------- 4. Chec k all land uses that occur on, are adjoining or near the proposed action. 5, 0 U roan Rural (norr agriculture) El c Indust' al Commer'lal E] Resklenfiall (suburban) Industrial F orest Agriculture E] Aquaitc Other(Specify): r4:,nietery 21 P arkland . . . ............ . ..... . .......... . ............ . . .................... . ........................................ . ........................................................................................................................ Pagc- 1 of'3 -- . �,�,�,�,�,�,�,�,_,________________-_,_______________ ---------------- _._--------- Its the prraxpe:,ro a�i:°tQkn, �.wwwwwwwwwww..w..�wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww w ®www wwYwESww µµ N/A wwwwwwwwwwwww a. A permitted use urVdelr the vorl ing regulations? a. wwwwwwwwwwwww.,wwwwwwwwwwwwww. b. Consii ta' nt with the adopted comprehensive plan? 6. Is the prop(., ed action consistent with the predominant character of the existing built or natural landscape? www NO wwww. YES ❑ RI ......................................................................................................................................................................................................................................................................................................................................................� 7. Is the site of thew proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES lfYerr, ideirnfl`y: �wwww � wwwwwwwwwwwwww ❑ .........................................................................................................................................................................................................................................................................................................................._•____________-- wwwwwwwwwwwwww.wwwwwwwwwwwwwwwwwwwwwww I',l. a. Will the;; proposed action result in a substantial increase in traffic above present levels? w.. wwwwww. NO wwwwwwwwwwwwww. YES bi� Are public transportation services available at or near the site of the proposed ac(ion? Area is served by MAT Route 6 ........� .................. c. Are any p ic(lestrian accoun iniodailliions or bicycle routes available on or near the site of the proposed � action? ... ... ....... .............. ...... ..... .... _._..____. ") Does the pr,al) used aclion rneet cir exceed the state energy code requirements? NO ............................ YES If the proposed acti cin will c xcced requirements, describe design features and technologies: N/A Y� C..,.J CJ ` ktritb�,plop,,Qu, , l,�lllwl,)�;,r Pim�,,,Ql,Ao a 4,tstlt ' ubjii�/,ptira'1,�; at&�l, upply,';', ..................... NO 'YES If Vwp,ru¢ detscrilwe tncthod for providing potable water: N/A, _..._......... .. .._............. . ... .... _ .. ______.. ...... � .._....w.wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww,wwwwwwwwwwwww 1.1. Will the proposed action connect to existing wastewater utilities? w NO ........................... wwwwwwwwwwwwww YES ................. If No, describe method for providing wastewater treatment: NIA El 0 a. Does the project site contain, or is it substantially contiguous to, aµbuilding, archaeological site, or district MA NO YES which is listed on the National or State Register of Historic Places, or that has been determined by the ............................ Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the ......... ___. State Register of Historic Places? .............................. 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? Please see IFlart 3 l3. a. Does 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'? Please see Part , b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ............................ II'Yes, identify the wetland or waterbody and extent ofalterations in square feet or acres: bilge '2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ........................ ❑Shoreline ❑ Forest Q Agriculturatigrasslands 21 Early mid -successional Q Wetland ❑ Urban Z Suburban 1.5,Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? �. _... . w,.. w........ . ... .. ........... 16. Is the project site located in the 100-year flood plan? NO YES .._._.._.._ __..........._ _...., 17Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, _ NO _ _, YES .. El a. Will storm water discharges flow to adjacent properties? El L___l b, Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: .......................................................... "...... .mmmm..... mmmmmm--------_.mmmmmmm....... ........................................................................................................................ 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size ofthe impoundment: _ �p...sed adjoining � property been the location of an active or 19. Has the site of the proposed action or an ad oinin ro closed solid waste NO YES management facility"? _........................... If Yes, describe:.., ....property y J �. ....... ................... 20.E-1as the site of the proposed action or an adjoiningbeen the subject of remediation ongoing or NO YES completed) for hazardous waste? If Yes, describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor!name: Rod owe. Town Supervisor,, Town of Ithaca Date: 2/10/23 Signature: Ttt1e: Town Supervisor uioo uiuiii a uiPRINT Enfield' 0 1111*115 da00,0 f DISCIainnor. The EAF Mapper is a screening feet intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF g, question can be obtained by consulting the EAF Workbooks, Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a ,J0 substitute for agency determinations. otlown 'Aonirtal I Toront irfrNt P 91 'Clevelm'd ,,�Iprovidenca aw Y c rk Philadelphia JaM1111 UsGs telNMpV0"ENTP, NRCan, Es Japan, MR, EstRu0iolu c , Esn 1540"P, N6n,'Esri China (Ho g Kinj I 9—, " , , Korea, Bri, iailarKlIl, P,JGCC,, pcY, OpenStreetivlap ontrilatt%s, arvi the GIs User Comm unity �t�qrqpenS 'eetKlap ContdbyW6jNQ1e GIs Us, i� y11 Part I / Question 7 [Critical Environmental Area] Part 1 / Question 12a (National or State Part 1 Question 13a [Wetlands or Other Regulated Waterbodies] Part I / Question 15 (Threatened or Endangered Animal] M Im Yes Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. No Digital mapping data are not available or are incomplete. Refer to EAF Workbook. No Short Environmental Assessment Form - EAF Iflapper Summary Report I Agency Use Only [If applicable] Project: Cortright acquisition Date: I February 21, 2023 T18=(1YZ7 710-77177177nill SseSS111 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 I and other materials submitted b the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided the concept "Have my responses been reasonable considering the scale and context of the proposed action?" I ............................................ . No, or Mo4e, r a to 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 F-1 regulations? 2. - ­­­­_­ ................................................................................................................................................. "I ........................................................ 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? 4. ..................... Will the proposed action have an impact on the environmental characteristics that caused the ............................ RI .................................. 1:1 establishment of a Critical Environmental Area (CEA)'? . . . .. ........................ . .......... . ............................... .......................................................................................................................................... ............................. ............................... 5� an adverse change Will the proposed action result in in the existing level of traffic or .......................... affect existing infrastructure for mass transit, biking or walkway? "I "I'll" I'll, .................................................................................................................................................. 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? ............. ........................................ .................................................. ........................ .......................................................... . T Will the proposed action impact existing: 9 El a, public / private water supplies? ............................. .................................. .................................... b. public / private wastewater treatment utilities? El 8. Will the proposed action impair the character or quality of important historic, archaeological, EJ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, 1:1 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? I I . ................. ­­1111- ..................................................................................................................................... Will the proposed action create a hazard to environmental resources or human health? ............... ..................... ................................... 11 .......... PRINT FORM Agecy Use Only [If applicable] Project. Cortright acquisition Datc February 21, 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 of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. 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. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. The proposal to acquire approximately 45.141+1- acres for the purpose of providing land for the future Black Diamond recreational trail, will not create significant adverse environmental impacts on community/neighborhood character, traffic, energy use, utilities, natural resources, drainage, threatened or endangered species, erosion, drainage, or flooding. The 45+/- acres is being purchased by the Town of Ithaca for eventual conveyance to New York State Parks to facilitate the development of the future Black Diamond Trail. This land is adjacent to other New York State Park lands and the Cayuga Inlet. Much of Parcel B is also located within a Tompkins County Unique Natural Area (UNA-147, Cayuga Inlet Floodplain). With the exception of constructing future multi -use trail and interpretive displays, the property will remain undeveloped. Regarding Part 1, question 12b: According to the NYS Office of Parks, Recreation and Historic Preservation Cultural Resources Information System program, the property is located in an area that could be archaeologically sensitive. However, per Cornell University's Digital Library database of aerial photos, the property has been farmed in the past (based on 1938-1964 aerials), so it is presumed that any archaeological resources would have been discovered with prior disturbances. Regarding Part 1, question 13a: the property contains the Cayuga Inlet, streams, and floodplains. By acquiring the land, the Town of Ithaca will become the owner of the undeveloped portion of the property and will manage the land for passive recreation purposes and protection of its natural resources until such time that it is conveyed to NYS Parks. Parcel A will require a lot size variance because part of Parcel A is in the Conservation Zone, which has a 7-acre lot size minimum. No significant adverse environmental impact will occur as the planned use is for passive recreation and protection of natural resources. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action my result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency N S i� ature of Responsible Officer in Lead Agency 11 lulu ii�ui PRINT FORM ----------------------- February 21, 2023 Date Town Supervisor Title of Responsible Officer Signature of Preparer (if'different from Responsible Officer) Town Supervisor's 2023 State of the Town Message The Town of Ithaca is doing well on all fronts. Perhaps one way of determining our efficacy is to assess if we are living up to our mission and vision statements which were adopted by the Town Board in 2022 (see below). I believe that we are. The Town of Ithaca is a unique municipality and recognizes and embraces that (some refer to us as a "croissant" around the City of Ithaca). We honor our history and seek out ways to highlight the land's Indigenous past and present. We seek innovative ways to engage with our constituents and are pleased to report that our monthly newsletter is well received. Our new website is much easier to navigate than the previous site and is visually more pleasing. We hope that Open Gov will continue to be embraced as a tool by residents (as we continue to work on a few lingering issues). We are bemused by the attention that the tree in our historic lobby received in 2022 so be sure to come in and see the Valentine's Day decorations. While you are in the lobby, look at the display cases as we regularly post new material. We have: • An engaged Town Board • Excellent department heads and committed staff • Collaborative relationship with sister municipalities We are: • Financially sound and financially prudent • Excited about South Hill's Traditional Neighborhood Development plan • Motivated by our new Inlet Valley Overlay Zone opportunities • Nimble for when unexpected issues arise • Committed to making our facilities more energy efficient • Implementing and exploring additional initiatives from a sustainability perspective • Jazzed about our parks, trails and preserves as we continue to seek ways to improve them • Setting the stage to be more proactive in fostering economic development • Known for being a good employer • Innovative The list of 2022 work and initiatives is voluminous. if you have any questions, please do not hesitate to contact me. Rod Howe, Town Supervisor Vision The Town of Ithaca will be a desirable place where any person can live, work, learn, and play, offering a vibrant mix of rural, suburban, and urban features, including treasured natural resources. Mission We promote quality of life, equity, and safety of all Town of Ithaca residents through planning, innovation, and continual adaptation to change. The Town strives to: • provide responsive services • be fiscally responsible • protect and preserve its open spaces and water resources • implement sustainable initiatives • pursue beneficial intermunicipal collaborations.