HomeMy WebLinkAboutCOC Minutes 2023-02-15 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC)
Meeting of February 15, 2023—5:30 pm
Town Hall Shirley A. Raffensperger Board Room
Minutes
Members Present: In person: Bill Goodman, Chair, Ariel Casper, Eric Levin & Chris Jung. Members
present via Zoom: Eva Hoffmann & Rob Rosen.
Staff Present: Paulette Rosa, Town Clerk; Susan Brock, Counsel; C.J. Randall, Director of Planning;
Marty Moseley, Director of Code Enforcement.
Excused: Christine Balestra, Planner.
Guests: None
Bill called the meeting to order at 5:33 pm, noting the livestream on the town's YouTube channel and
on Zoom. The agenda was then reviewed. A brief history of the progress of the revised
telecommunications ordinance was given, beginning with committee meetings, research with other
municipalities, consultants, staff, and town attorney input over a two-and-a-half-year process. It was
explained that the next step will be a recommendation by the Codes and Ordinances Committee to
the Town Board. The Town Board will then hold a public hearing, prior to considering final adoption of
the revised law.
Public comments (it was noted that several emails have been received and distributed to town board
and committee members):
Via Zoom:
Dennis: noted concerns related to EMF emissions, sensitivities, and health concerns. 1500 ft
setback distance was urged between antennas, homes, day care facilities and schools.
Sheila:Thanked the committee and encouraged children and schools to be protected with
1500 ft. setback from the edge of the property due to the long hours spent on premises.
Irina: encouraged 1500 ft setbacks or as large as possible, noting the City of Ithaca required a
gap in adequate cell phone call (not data) coverage for any variance from the setback distance.
Andrew: thanked the committee, recommended not following unjust 1996 FCC law and
encouraged a setback of 1500-1640 ft setback. Quotes from studies and researchers were
given regarding negative health effects from cell radiation.
Theodora: gave example of high levels of exposures from RF emissions in a home and noted
there is no nationwide environmental monitoring program for these levels or long-term health
effects. Also noted favorable ruling against the FCC re: the outdated limits for human
exposure. Human exposure needs to be reduced.
David: in favor of 1500-1640 ft setbacks and to make sure the cell call data is a priority in
determining need rather than data coverage.
Marie: encouraged the highest setback distances as possible from homes and schools and
noted that 1500 ft appears to be more than adequate coverage, and the radius map shows
various possible locations. She asked for reasons why any lower number for setbacks would be
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considered and thanked the committee for their work.
Brian: encouraged the greatest setbacks as appropriate.
Adam: recalled 4 of the 6 COC members were in favor of 1500 ft setback at previous meeting
and more convincing arguments have been made to support that setback. He encouraged that
to be considered for the standard to implement.
In Person:
Natalie L: stated she suffers from electro hypersensitivity and recommended 1500 ft setbacks
based on scientific research. She also recommended a procedure to be set up for people with
sensitivities to file grievances in accordance with the ADA for health issues. Noted reference to
City of Ithaca address and proposed project near her home. Bill encouraged her to keep in
touch with the City of Ithaca representatives and noted this was a Town law being discussed.
1. Member comments/concerns: None.
2. Minutes: Ariel moved to approve the December 141", 2022, minutes as presented; Eric
seconded. All members voted in favor of approval. Eric moved to approve the January 25, 2023,
minutes as presented; Ariel seconded. Eva abstained, Bill, Ariel, Chris, Rob and Eric voted in favor of
approval.
3. Continued review of revised draft local law- §270-219 Personal wireless service facilities:
Susan Brock submitted the final set of new telecommunications provisions for the committee to
review.
APPLICATION REQUIREMENTS: No changes to the proposed language.
NOISE:The committee agreed, if feasible, to add the more specific statement provided in the
draft in addition to the suggestion that PWSF's shall not produce noise in violation with the noise
ordinance; add in "noise from a PWSF shall at no time be audible at the property of any lot (i) zoned
Residential or Conservation, or(ii) on which a dwelling unit exists."
HEIGHT: Keep the current telecommunications law height language provided in the draft: "If
the proposed height of the telecommunications facility exceeds the permitted height of structures in
the zoning district in which the facility is proposed to be located, notwithstanding any other provisions
of this chapter, a height variance from the Board of Appeals shall also be required."
VISUAL IMPACT ANALYSIS: the committee did not want to add a balloon test requirement.
RF EMISSIONS: No changes to the proposed additions.
FINDINGS WHERE SITE PLAN IS REQUIRED: No changes to the proposed additions.
REASONABLE DELAYS THAT EXTEND THE SHOT CLOCK: Another term was requested to replace
the "eleventh hour submission" term.
SAFETY/MAINTENANCE: No changes to the proposed additions.
MISCELLANEOUS: No changes to the proposed additions.
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PURPOSE: Include "minimizing the number of facilities used to provide such coverage, avoid
unnecessary, redundant wireless infrastructure. Encourage the co-location of personal wireless
service facilities on existing structures rather than the construction of new support structures."
INSURANCE: Pollution exclusion needs research; the committee agreed that the overall
insurance provision should be included.
SEVERABILITY: Add in the wording from the current Town of Ithaca Sign Law.
PWSF PERMIT RENEWAL: Town staff will work on a provision about the permit duration and
renewal procedures.
SETBACKS: It was noted that the City of Ithaca has a 250 ft setback and has recently received
multiple variance applications that are currently under consideration. The COC took a vote: five
of the six members of the committee agreed to recommend a 300 ft setback from dwelling
units in the Town of Ithaca. The sixth member recommended getting input from the cell
providers (last provider input was in 2019 and related to the distance between towers). The
1500 ft radius map appeared to be prohibitive; and less visual clutter/impact was noted as a
factor for the 300 ft recommendation.
The few additional changes and clarifications above will be combined with all the previous sections and
put into a final formatted version to present to the Town Board. Bill moved to recommend the revised
§270-219 Personal wireless service facilities draft local law the Town Board for consideration; Eric
seconded the motion. All members voted in favor of the recommendation.
4. Other Business: Bill noted this was his last meeting as Chair of the Town of Ithaca Codes and
Ordinances Committee and that Rob Rosen has offered to take over. Bill was thanked for his 15 years
of service on the committee, which worked through many difficult topics and laws under his
leadership.
Next meeting:The March 8, 2023, meeting was cancelled, with two members unable to attend.
The next scheduled meeting is April 12, 2023.
The meeting concluded at 7:33 p.m.
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