HomeMy WebLinkAboutTB Minutes 2023-05-22Meeting of the Ithaca Town Board
May 22, 2023 4:30 pm
AGENDA
1. Continuation — Ithaca Beer Noise Permit Application
2. Public hearing regarding a local law amending the Town of Ithaca Code, Chapter 270
entitled "Zoning," to revise provisions related to solar facilities (increasing the maximum
permitted size and footprint and other changes) (request made by board to add something
descriptive in addition to the title of the local law) Attachment I
a. SEQR Determination
b. Consider Adoption
3. Consider approval and authorization to sign a water/sewer easement — Enfield Falls Rd
4. Consider approval of an Order Setting a Public Hearing Regarding an Increase in the
Maximum Amount to be Expended for the Town of Ithaca Forest Home #1 Pump Station
Sewer Improvement from $1,017,444 to $1,089,445
5. Consider award of 2023 Road Striping Contract
6. Committee Reports
a) Budget
b) Public Works
c) Personnel and Organization/ERC
d) Codes & Ordinances
*Set Public Hearing regarding changes to Telecommunication Town Code
e) Planning
f) Others
o Economic Development
o Parks, Trails, Preserves & Recreation
7. Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Resolution of Appreciation — Pastore
8. Review of Correspondence
Meeting of the Ithaca Town Board
May 22, 2023
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill
Goodman, Rob Rosen and Margaret Johnson Absent: Pamela Bleiwas
Present: Judy Drake, Marty Moseley, CJ Randall, Paulette Rosa, Joe Slater, Donna Shaw, and
Dan Thaete
Mr. Howe opened the meeting at 4:30 p.m.
1. Continuation — Ithaca Beer Noise Permit Application
Mr. Mitchell was present and reviewed his written comments regarding difficulties in booking
shows under the current parameters of needing details of an event when an event can't be booked
without the noise permit because he can't commit to an act in order to have the details requested
and then have the permit denied. Many times, an act is filling in downtime and there isn't lead
time available for the approval process, and conversely, if I am looking at a particular act, and
start the approval process, the date may be filled by the time I get the permit.
Mr. Mitchell said he had been busy with the graduation weekends, but he had thought about a
scenario where he could have six 3-hour events approved each year under a set of parameters.
He said the noise permit process was to be permitted to make "noise" and although he didn't
know how it would work, it would make it possible to book and promote events and he felt that 3
hours was a reasonable time span and mostly he was thinking of Sundays.
Mr. Mitchell also discussed the height of the hay bales required, saying that bales as high as 7'
feet can be a tipping hazard and he thought 4' or 5' feet should suffice as in the past and making
every effort to make sure the speakers are not higher than the bales whenever possible.
Mr. DePaolo asked Ms. Brock if the term "waiver" in the noise law limited a permit to a specific
event on a specific date.
Ms. Brock looked up the law, saying that the specific waiver is the permit, and the permit
authorizes the permittee to make noise, which might be considered to be in violation of the noise
ordinance, that is the whole point of getting the permit. It is saying the town board, at its
discretion, is authorized to grant a permit for a specific waiver from the requirements of this
chapter. So, it is really just referring to the issuance of a permit to make what might be
considered unreasonable noise or violate some other provision if they didn't have the permit.
Typically, the Board has granted the permits for dates, but if the Board feels that having some
flexibility is okay and it wouldn't change your decision you could grant a permit.
TB 2023-05-22 (Filed 7/6) Pg. 1
Discussion followed regarding exactly what Mr. Mitchell was asking for at the moment. He
indicated that he was only looking at holding Octoberfest at this point, but in the future, having
the parameters of something like 6 permits of no more than 3 hours at a time would give him the
flexibility to book acts and then at least 3 weeks out, he could report to the Board the details of
the act and notify the neighbors, just like the current 3 week timeframe for submitting an
application, which satisfies the intent of the law.
Ms. Bleiwas said that it sounded like a good compromise, and she thought he would like some
kind of assurance that the permit would not be arbitrarily revoked, but she was willing to give the
concept a try.
There was some discussion again on what was being granted tonight and what had been
published in the public hearing notice.
Mr. Mitchell responded that he was looking at just the 3 outstanding dates and times that were in
the original public hearing notice. The other concept would be good to try and work towards for
the future and he added that he watched the recording of the last meeting where an amphitheater
was discussed, and if he were to invest in an amphitheater, he would be looking to hold bigger
events to recoup that cost.
Mr. Howe stated that since Mr. Moseley was not here, Staff would prepare a resolution to bring
to the next meeting to make the changes discussed after consulting with him.
2. Public hearing regarding a local law amending the Town of Ithaca Code, Chapter
270 entitled "Zoning," to revise provisions related to solar facilities (increasing the
maximum permitted size and footprint and other changes)
There were no comments or questions from the Board.
Mr. Howe opened the public hearing.
Ryan McCune spoke asking for clarification regarding setbacks and not having a clear exclusion
from them for utility infrastructure and he wanted to be clear because the interconnections have
to be within certain parameters set by NYSEG.
He stated that this is a really well thought outlaw that wraps in a lot of some of the best practices
he has seen from developing dozens of these projects around the State. He added that as a city
resident who grew up in the town, he gives the Town kudos for that.
There was no one else wishing to speak and the public hearing was closed.
Ms. Randall responded to the concern raised, saying that she had spoke to the industry
Ombudsman and the large-scale energy systems will be coming out with the 75' foot setbacks.
TB 2023-05-22 (Filed 7/6) Pg. 2
The Board turned to SEQR and Mr. DePaolo asked how there can not be an effect when we
don't know what the particulars of any one development is, both for soil impact and agricultural
use impacts.
Ms. Randall responded that that would be reviewed by the Planning Board during Site Plan
Review, and they have to send notice of intent to NYS Ag & Markets and we have added
vegetation management plan requirements and protections for prime farmlands to avoid bisecting
agricultural fields, among other mitigation requirements in the law.
Mr. DePaolo asked about the reference to an update on an existing substation that is not checked
off.
Ms. Randall responded that Tompkins County Council of Government is looking into future
scenarios and they have asked the municipalities for anticipated large-scale solar to inform those
scenarios for needing an upgraded substation.
TB Resolution 2023- 082: SEAR: Proposed Local Law Amending the Town of Ithaca Code,
Chapter 270 Entitled "Zoning", to Revise Provisions Related to Solar Facilities
Whereas, this action is the enactment of a local law amending Town of Ithaca Code, Chapter 270
entitled "Zoning", to revise provisions related to solar facilities; and
Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead
Agency in an environmental review with respect to the enactment of this local law; and
Whereas, the Town Board, at its regular meeting held on May 22, 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
Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law,
6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148
Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as
proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts
2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required.
Moved: Eric Levine Seconded: Rod Howe
Vote: ayes — Levine, Howe, DePaolo, Bleiwas, Rosen and Johnson
Mr. Howe noted that the Board discussed this at the last meeting and comments have been
incorporated into this final draft.
TB Resolution 2023 - 082: Adoption of Local Lawll of 2023 Amending the Town of Ithaca
Code, Chapter 270 Entitled "Zoning," to Revise Provisions Related to Solar Facilities
TB 2023-05-22 (Filed 7/6) Pg. 3
Whereas, the Town Comprehensive Plan includes the goal to "Encourage and facilitate the
production and use of renewable energy" and the recommendation to "Revise regulations to
facilitate local renewable energy production and use," and
Whereas, Ithaca Town Board Resolution 2020-049 (Resolution in Support of a Green New
Deal), and Town Code Chapters 135 (Community Choice Aggregation (Energy) Program) and
144 (Energy Code Supplement) support the development and operation of renewable energy
systems based on sunlight, and
Whereas, the Town's current law providing for large-scale solar facilities and installations,
Town Code §270-219.1 titled "Solar energy systems," restricts the footprint for ground mounted
large-scale solar facilities to a maximum of 10-acres, and
Whereas, a 10-acre maximum solar facility footprint is not adequate to serve the renewable
energy needs of the commercial, institutional, and other non-residential uses in the Town. In
addition, remote net metering of solar energy (energy generated on -site that is credited to an off -
site location(s)), and community distributed generation (energy credits are distributed to
community members invested in a solar project), are making development of large-scale solar
facility projects an attractive renewable energy option, and
Whereas, the Planning Committee discussed revising the Town Code to update provisions
related to solar facilities at meetings on August 18, 2022, and September 15, 2022, and
subsequently worked on developing local law language at monthly committee meetings throughout
the end of 2022, with a Planning Committee review of a revised working draft on February 16,
2023, and additional changes subsequently made by Town staff and the Attorney for the Town,
and
Whereas, at its May 16, 2023, meeting, the Planning Board recommended approval of the
proposed local law with no changes, and
Whereas, at its meeting on April 24, 2023, the Ithaca Town Board reviewed and discussed
the proposed local law and adopted a resolution for a public hearing to be held by the Board on
May 8, 2023, at 5:30 p.m., to hear all interested parties on the proposed local law entitled "A Local
Law Amending The Town of Ithaca Code, Chapter 270 Entitled "Zoning," To Revise
Provisions Related to Solar Facilities; and
Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and
Whereas, said public hearing was duly held on said date and time at the Town Hall of the
Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of
or in opposition to said proposed local law, or any part thereof; and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA")
and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I
Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental
review with respect to adoption of this local law, has, on May 22, 2023, made a negative
TB 2023-05-22 (Filed 7/6) Pg. 4
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 revising provisions
related to solar facilities will further the Town's sustainability goals in accordance with the
Comprehensive Plan, Green New Deal, and Energy Code Supplement; now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law 11 of 2023 entitled
"A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning," to Revise
Provisions Related to Solar Facilities"; and it is further
Resolved, the Town Clerk is hereby authorized and directed to file said local law with the Secretary
of State as required by law.
Moved: Pamela Bleiwas Seconded: Rich DePaolo
Vote: ayes — Bleiwas, DePaolo, Howe, Levine, Rosen and Johnson
3. Consider approval and authorization to sign a water/sewer easement — Enfield Falls
Rd
There were no questions or comments from the Board.
TB Resolution 2023 — 084: Approval of and authorization to execute a potable water and
sanitary sewer easement associated with the 114 Enfield Falls Road development project
Whereas, the development of the parcel requires the installation of a sewer and water lateral
within/beneath Enfield Falls Road for the purpose of constructing a single-family residential home.
The project applicants, Ellen and Jeffery Heath, will construct a new sanitary sewer and water
lateral(s) within the right-of-way of Enfield Falls Road to serve the new residence. The lateral
extensions will occur on properties currently owned by Ellen and Jeffery Heath & New York State
Department of Transportation, and
Whereas, upon review of this development, it was determined that no easement(s) of record exist
over the Town of Ithaca owned water and sewer utility at this location, and
Whereas, the town has requested the applicant provide a potable water and sanitary sewer
easement, over the town owned utilities, prior to the installation of improvements at this location
so as to protect and provide the necessary level of service at this location, and
Whereas, the existing sewer and water mains and associated easements are shown on the drawing
titled "Town of Ithaca 114 Enfield Falls Road Easement," Sheet V 101, made by S. Jilson, the
Town of Ithaca, and
TB 2023-05-22 (Filed 7/6) Pg. 5
Whereas, the Engineering Department has reviewed the plans for the above improvement and have
found them generally acceptable, and request the water and sewer easement be considered for
approval by the Town Board, now therefore be it
Resolved, that the Ithaca Town Board hereby approves the Permanent Sewer and Potable Water
Easement and Right -of Way from Ellen and Jeffery Heath, and authorizes the Town Supervisor to
execute the easement, subject to the following conditions:
1. The approval of the easement subject to the approval of the Attorney for the Town, and
2. The specific surveyed and/or mapped locations, deeds, and abstracts showing good and
marketable title for the proposed improvements and for the easements are submitted in
a form acceptable to the Attorney for the Town and the Director of Engineering.
Moved: Rod Howe Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Levine, Bleiwas, Rosen, and Johnson
4. Consider approval of an Order Setting a Public Hearing Regarding an Increase in
the Maximum Amount to be Expended for the Town of Ithaca Forest Home #1
Pump Station Sewer Improvement from $1,017,444 to $1,089,445
Mr. Howe gave an overview of the bid results and the cost increase needed. There were no
questions or comments from the Board.
TB Resolution 2023 — 085: Order Setting a Public Hearing Regarding an Increase in the
Maximum Amount to be Expended for the Town of Ithaca Forest Home Pump Station Sewer
Improvement Project from $1,017,444 to $1,089,445
Present: Rod Howe, Supervisor; Members Rich dePaolo, Pamela Bleiwas, Eric Levine, Rob
Rosen and Margaret Johnson
Moved: Pamela Bleiwas Seconded: Rob Rosen
Whereas, on March 14, 2022, the Ithaca Town Board held a public hearing and
subsequently adopted a Public Interest Order authorizing the Forest Home Pump Station Sewer
Improvement (the "Improvement") and the establishment of the Forest Home Pump Station Sewer
Improvement Area ("Sewer Improvement Area"), through TB Resolution 2022-032; and
Whereas, the notice of public hearing stated that the initially determined maximum
estimated cost to said Sewer Improvement Area was $1,017,444, and the adopted Public Interest
Order stated that the maximum amount proposed to be expended by the Town of Ithaca for the
Improvement is $1,017,444; and
Whereas, because of unanticipated increased construction costs in 2023, the Engineer of
record has prepared a revised estimate of cost within the map, plan and report for the Improvement
TB 2023-05-22 (Filed 7/6) Pg. 6
by increasing the maximum estimated cost to the Sewer Improvement Area from $1,017,444 to
$1,089,445; and
Whereas, no other changes are proposed to any aspect of the Improvement or Sewer
Improvement Area; and
Whereas, it is now desired to call a public hearing for the purpose of considering the
increase in the maximum amount to be expended by the Town of Ithaca from $1,017,444 to
$1,089,445, and to hear all persons interested in the subject thereof concerning the same, all in
accordance with the provisions of Section 209-q of the Town Law;
Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins
County, New York, as follows:
Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca,
Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in
said Town, on the 12th day of June, 2023, at 5:30 o'clock P.M., Prevailing Time, to consider the
aforesaid increase in the maximum amount to be expended by the Town of Ithaca on the
Improvement, and to hear all persons interested in the subject thereof concerning the same and to
take such action thereon as is required by law.
Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of
Public Hearing regarding the aforesaid increase in the maximum amount to be expended, with
such Notice to be published once in the official newspaper, and also to post a copy thereof on the
town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20)
days before the day designated for the hearing as aforesaid, all in accordance with the provisions
of Section 209-q of the Town Law.
Section 3. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote on roll call, which
resulted as follows; Rod Howe, aye; Rich dePaolo, aye; Pamela Bleiwas, aye; Eric Levine, aye;
Rob Rosen, aye and Margaret Johnson, aye.
The Order was thereupon declared duly adopted.
5. Consider award of 2023 Road Striping Contract — Pulled
Mr. Howe report that the item was pulled due to a single bid being received which was
significantly higher than budgeted.
6. Committee Reports
a) Budget — Mr. Levine reported that they discussed the possibility and process of
dissolving the existing lighting districts; projected debt payments; interest rates
TB 2023-05-22 (Filed 7/6) Pg. 7
and earnings on our deposits; the benefits of joining the Tompkins County
Chamber of Commerce and someone from the Chamber and potential
improvements to bus stations/shelters. Representatives from both will give a
presentation at a future meeting.
b) Public Works — Mr. Howe reported that they discussed the Game Farm Road
Crossing and interest in additional parking there; he noted that both Joe and Dan's
names were called out at the grand opening. Also discussed a speed limit request
for Southwoods Development area; began review of the Fleet Replacement
Schedule and the Capital Improvement Plan as well as project updates.
c) Personnel and Organization/ERC — Ms. Bleiwas reported they discussed final
drafts of policy revisions; fee schedule updates to reflect additional inspections
and permitting requirements put in place by the State; Employee Appreciation
Picnic is shaping up and
d) Planning — Mr. DePaolo reported that they began discussing revising the Limited
Historic District Overlay Zone; retaining professional help to draft the SEQR for
the South Hill TND; began discussing how to correlate our 2007 Transportation
Plan with our Comprehensive Plan
e) Others
o Economic Development — Mr. Howe reported that they have economic
developers and tourism representatives to brainstorm about ways to promote
the Inlet Valley
o Parks, Trails, Preserves & Recreation — No Report
f) Codes and Ordinances — Mr. Rosen reported that they began talking about
subdivision regulations revisions and meeting scheduling.
The telecommunications revisions came from COC and were discussed in detail in preparation of
the public hearing next month.
Ms. Brock reviewed the draft revisions and history of the proposed telecommunications law
calling out the major highlights such as requiring a permit for all personal wireless facilities and
Planning Board approvals for most activities and defining the application and review of
submissions for completeness which starts the shot clock for Planning Board determination.
Established testing and monitoring requirements and design standards.
The area of concern that caused a lot of public interest were the setback limits with many from
the public wanting large setbacks for health and safety reasons. The State makes it very clear
that the Town cannot take health and safety into account when determining setbacks and must
base them on aesthetics.
Added some additional enforcement remedies, insurance requirements and revoking of a permit.
TB 2023-05-22 (Filed 7/6) Pg. 8
Ms. Brock noted that this is a working draft but a good base to start reviewing in preparation for
the public hearing next month and the GML review.
Mr. DePaolo asked about the term "significant gap," saying that there is no definition of that
term and whether there are industry standards that are used to determine that, or it is arbitrary.
Ms. Brock responded that she had looked for a definition in other municipal laws and there are
none. If the evidence the Planning Board looks at supports the decision then it is not arbitrary.
Mr. DePaolo asked about the repeated use of "reasonable" and how is that determined?
Ms. Brock responded that every situation is unique, so we cannot put in specific numbers or
parameters in many cases.
Mr. DePaolo asked a few additional clarifying questions on similar ubiquitous terms.
Ms. Randall and Ms. Brock responded that the majority are based on other municipalities laws
and Staff would look at those instances again and look at alternative wording.
Mr. DePaolo stated that he did not like linking this law to the Noise Ordinance as that is a
nuisance law and would give an opening to people opposed to telecommunications that avenue to
protest them.
Ms. Brock agreed that might be problematic and Mr. DePaolo suggested striking the reference to
the Noise ordinance.
The Board discussed the issue and decided to strike the reference, feeling that it is redundant and
there are other references and requirements to address noise concerns.
Mr. DePaolo asked about the suspension or revocation of permit section and there is a reference
to "immediately correct" then a "30-day period to address."
Ms. Brock said this was modeled after our Foodtruck regulations and the difference is in the
notice to remedy followed by the enforcement notice parameters.
Mr. DePaolo asked about the fines and Ms. Brock responded that this follows Civil Penalties
parameters, which are different than fines.
Mr. Howe thanked Ms. Brock and Mr. DePaolo for going through the highlights and preparing
us for the public hearing.
7. Consent Agenda
TB 2023-05-22 (Filed 7/6) Pg. 9
Mr. Howe wanted to call out the resolution of appreciation for Laura Pastore and both he and
Mr. Slater wished her the best in her retirement.
TB Resolution 2023 — 086: Adopt Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Resolution of Appreciation — Pastore
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: ayes — Levine, Bleiwas, Howe, DePaolo, Johnson and Rosen
TB Resolution 2023 - 086a: Approval of Town Board Minutes
Resolved that the Town Board approves the minutes of May 8, 2023, as final with any non -
substantive changes made.
TB Resolution 2023 - 086b: Town of Ithaca Abstract No. 9 for FY-2023
Resolved that the Town Board authorizes the payment of the audited vouchers in total for the
amounts indicated.
VOUCHER NOS. 348 - 395
General Fund Town Wide
48,858.03
General Fund Part -Town
1,835.15
Highway Fund Town Wide DA
1,584.44
Highway Fund Part Town DB
9,793.96
Water Fund
12,309.36
Sewer Fund
8,053.78
Risk Retention Fund
190.00
Forest Home Lighting District
495.18
Glenside Lighting District
197.97
Renwick Heights Lighting District
269.49
Eastwood Commons Lighting District
221.62
Clover Lane Lighting District
49.25
Winner's Circle Lighting District
75.43
Burlei h Drive Lighting District
172.38
West Haven Road Lighting District
467.79
Coddington Road Lighting District
297.94
Trust and Agency
23,888.14
TOTAL
108,759.91
TB Resolution No. 2023-086c : Recognition of Laura Pastore's Dedicated Years of Service
TB 2023-05-22 (Filed 7/6) Pg. 10
Whereas Laura Pastore started her career at the town on April 25, 2011, as the Administrative
Assistant for the Public Works Department bringing thirty (30) years of knowledge and experience
in administrative support of which fifteen (15) years in the public sector; and
Whereas Laura's determination, adept organizational skills and meticulous attention to details
ensured that the Public Works Department administratively was in good hands; and
Whereas Laura's unique form of communication could create motivation for office staff and work
crews to stay in line and on task and that their documentation was submitted on time and in the
correct format; and
Whereas Laura's dedication to serve the public by consistently providing courteous customer
service with a calming demeanor, especially during weather events and brush and leave pick up
has reflected well on the Town; and
Whereas Laura's great pride in ensuring that the Department of Public Works flower garden near
the front entrance was in pristine condition throughout her career; and
Whereas Laura did an excellent job with coordinating the annual holiday luncheon, training
luncheons, maintaining the candy and soda supplies and funds, and overall making sure the staff
were well taken care of; and
Whereas the Town of Ithaca has greatly benefited from Laura's loyalty, determination, and desire
to serve our community; and
Whereas after twelve (12) years of dedicated service, Laura has chosen to retire from the Town of
Ithaca effective May 30, 2023; now, therefore, be it
Resolved, that on this 22nd day of May 2023, the Town Board of the Town of Ithaca, on behalf of
the Town and its residents, expresses its sincere appreciation and gratitude to Laura Pastore for
her distinguished and dedicated service to our community.
8. Review of Correspondence and Board Comments
Mr. Howe noted that this is an important week; National Public Works Week and although he
did not have time to put together a proclamation, the Town deeply appreciates our Public Works
Department and next year we will have a proclamation.
Mr. Rosen added that he had recently stopped by a work site where staff and the contractor were
installing the water flow meters and he was impressed by their professionalism; they were well
equipped and well prepared for the job.
Meeting was adjourned upon a motion by Mr. Howe, seconded by Mr. DePaolo, unanimous.
Submitted by — Paulette Rosa, Town Clerk
TB 2023-05-22 (Filed 7/6) Pg. 11
Whereas Laura's determination, adept organizational skills and meticulous attention to details
ensured that the Public Works Department administratively was in good hands; and
Whereas Laura's unique form of communication could create motivation for office staff and work
crews to stay in line and on task and that their documentation was submitted on time and in the
correct format; and
Whereas Laura's dedication to serve the public by consistently providing courteous customer
service with a calming demeanor, especially during weather events and brush and leave pick up
has reflected well on the Town; and
Whereas Laura's great pride in ensuring that the Department of Public Works flower garden near
the front entrance was in pristine condition throughout her career; and
Whereas Laura did an excellent job with coordinating the annual holiday luncheon, training
luncheons, maintaining the candy and soda supplies and funds, and overall making sure the staff
were well taken care of, and
Whereas the Town of Ithaca has greatly benefited from Laura's loyalty, determination, and desire
to serve our community; and
Whereas after twelve (12) years of dedicated service, Laura has chosen to retire from the Town of
Ithaca effective May 30, 2023; now, therefore, be it
Resolved, that on this 22nd day of May 2023, the Town Board of the Town of Ithaca, on behalf of
the Town and its residents, expresses its sincere appreciation and gratitude to Laura Pastore for
her distinguished and dedicated service to our community.
8. Review of Correspondence and Board Comments
Mr. Howe noted that this is an important week; National Public Works Week and although he
did not have time to put together a proclamation, the Town deeply appreciates our Public Works
Department and next year we will have a proclamation.
Mr. Rosen added that he had recently stopped by a work site where staff and the contractor were
installing the water flow meters and he was impressed by their professionalism; they were well
equipped and well prepared for the job.
Meeting was adjourned upon a motion by Mr. Howe, seconded by Mr. DePaolo, unanimous.
TB 2023-05-22 (Filed 7/6) 11g, l 1
Attachment 1
Full Environmental Assessment Form
Part 1 - Project and Setting
Instructions for Completing Part I
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 project sponsor to verify that the information contained in
Part lis accurate and complete.
A. Project and Sponsor Information.
Name of Action or Project:
Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning," to Revise Provisions Related to Solar Facilities
Project Location (describe, and attach a general location map):
The local law will apply town wide.
Brief Description of Proposed Action (include purpose or need):
The proposed action is the adoption of a local law amending Chapter 270 of the Town of Ithaca Code, titled "Zoning," to revise the provisions related to
solar energy systems. The town adopted provisions related to solar energy systems in 2006. The provisions were amended in 2016 to establish a
three -tiered approach to regulate the size of systems, including large-scale systems with a total solar facility footprint greater than 7,000 square feet and a
maximum footprint of 10 acres. The law also permitted solar thermal energy systems as accessory uses in all zones.
The proposed local law amends the solar energy system provisions by, among other things:
1. Allowing solar thermal energy systems in all zones as a principal or accessory use
2. Limiting large-scale systems to specific areas via and overlay district (illustrated on map that accompanies local law)
3. Increasing the maximum footprint for large-scale systems from 10 acres to 35 acres
4. Requiring agrivoltaic farming where practicable for projects containing Prime Farmland or Farmland of Statewide Importance
5. Enhancing Planning Board site plan submission requirements: design standards and construction standards for large-scale systems
Name of Applicant/Sponsor:
Telephone: 607-273-1721
Town of Ithaca
E-Mail: Rhowe@town.ithaca.ny.us
Address: 215 N. Tioga Street
City/PO: Ithaca
State: NY
Zip Code: 14850
Project Contact (if not same as sponsor; give name and title/role):
Telephone:
E-Mail:
Address:
City/PO:
State:
Zip Code:
Property Owner (if not same as sponsor):
Telephone:
E-Mail:
Address:
City/PO:
State:
Zip Code:
Page 1 of 13
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
Public hearing held 5/8/2023; consideration of
or Village Board of Trustees
revised law on 5/22/2023
b. City, Town or Village ❑Yes®No
Town of Ithaca Planning Board
PB recommendation to TB: 5/16/2023
Planning Board or Commission
c. City Council, Town or ❑Yes®No
Village Zoning Board of Appeals
d. Other local agencies ❑Yes®No
e. County agencies ❑Yes®No
[County Planning Department GML 239-I, -m, -n
review requirement; no official approval involved.]
f. Regional agencies ❑Yes❑No
g. State agencies ❑Yes❑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? OYes ❑No
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ YesONo
iii. Is the project site within a Coastal Erosion Hazard Area? ❑ YesRINo
C. Planning and Zoning
C.I. 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 C, F and G.
• 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):
Cayucia Lake Watershed Restoration and Protection Plan (2001). Cayucia Lake Scenic Byway, Forest Home Historic District
®Yes❑No
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan,
or an adopted municipal farmland protection plan?
If Yes, identify the plan(s):
Town of Ithaca Agriculture and Farmland Protection Plan (2011), Town of Ithaca Park, Recreation and Open Space Plan (1997).
®Yes❑No
Page 2 of 13
C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No
If Yes, what is the zoning classification(s) including any applicable overlay district?
All zoning districts in the Town are affected by the law.
b. Is the use permitted or allowed by a special or conditional use permit? ❑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? The local law changes the zoning to add and revise provisions related to solar facilities.
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 Sheriff, Cornell University Campus Safety, Ithaca College Public Safety, NYS Police
c. Which fire protection and emergency medical services serve the project site?
Ithaca Fire Department, Cayuga Heights Fire Department, Bangs Ambulance
d. What parks serve the project site?
There are numerous town parks, preserves and trails that serve the community in various locations of the town. In addition there are two State Parks,
Buttermilk Falls S.P. and Robert H. Treman S.P., located within the town.
D. 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)?
b. a. Total acreage of the site of the proposed action? acres
b. Total acreage to be physically disturbed? Ah" acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? AL acres
c. Is the proposed action an expansion of an existing project or use? ❑ Yes❑ No
i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,
square feet)? % Units:
d. Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ❑No
If Yes,
i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)
ii. Is a cluster/conservation layout proposed? ❑Yes ❑No
iii. Number of lots proposed?
iv. Minimum and maximum proposed lot sizes? Minimum Maximum
e. Will proposed action be constructed in multiple phases? ❑Yes❑No
i. If No, anticipated period of construction: months
ii. If Yes:
• Total number of phases anticipated
• Anticipated commencement date of phase 1 (including demolition) month year
• Anticipated completion date of final phase month wear
• Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases:
Page 3 of 13
e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
❑ Yes❑ No
which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the
State or National Register of Historic Places?
If Yes:
i. Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District
ii. Name:
W. Brief description of attributes on which listing is based:
f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
❑Yes❑No
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
g. Have additional archaeological or historic site(s) or resources been identified on the project site?
❑Yes❑No
If Yes:
i. Describe possible resource(s):
ii. Basis for identification:
h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local
❑Yes❑No
scenic or aesthetic resource?
If Yes:
i. Identify resource:
ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,
etc.):
W. Distance between project and resource: miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers
Program 6 NYCRR 666?
❑ Yes[] No
If Yes:
i. Identify the name of the river and its designation:
U. Is the activity consistent with development restrictions contained in 6NYCRR Part 666?
❑Ycs❑No
F. Additional Information
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.
G. Verification
I certify that the information provided is true to the best of my knowledge.
Applicant/S Name Town of tthl ca, Rod Howe Date May 22, 2023
Signature Title Town Supervisor
Page 13 of 13
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency's reviewer(s) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of 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 EYES
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
E2d
0
❑
less than 3 feet.
b. The proposed action may involve construction on slopes of 15% or greater.
E2f
0
❑
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
132a
0
❑
of natural material.
e. The proposed action may involve construction that continues for more than one year
D l e
0
❑
or in multiple phases.
£ The proposed action may result in increased erosion, whether from physical
D2e, D2q
0
❑
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 l i
0
❑
h. Other impacts: The local law will allow development of solar thermal systems as principal uses, aid
El
large-scale solar photovoltaic systems with a solar facility footprint size of up to 3
acres.
Page 1 of 10
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ONO ❑ 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:
E2g
❑
❑
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 ❑ YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.21)
If "Yes ", answer questions a - 1. If "No ", move on to Section 4.
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.
£ 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,
Dla, 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 WINO []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 5.
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
132c
❑
❑
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.
132d, E21
e. The proposed action may result in the construction of water supply wells in locations
D2c, 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.
E2i
0
❑
b. The proposed action may result in development within a 100 year floodplain.
E2j
0
❑
c. The proposed action may result in development within a 500 year floodplain.
E2k
0
❑
d. The proposed action may result in, or require, modification of existing drainage
D2b, D2e
0
❑
patterns.
e. The proposed action may change flood water flows that contribute to flooding.
D2b, E2i,
0
❑
E2', E2k
f. If there is a dam located on the site of the proposed action, is the dam in need of repair,
E 1 e
0
❑
or upgrade?
Page 3 of 10
g. Other impacts: The local law will allow development of solar thermal systems as principal uses,
and large-scale solar photovoltaic systems with a footprint size of up to 35 acres.
®
❑
6. Impacts on Air
The proposed action may include a state regulated air emission source. QNO YES
(See Part 1. D.2.f., D,2,h, D.2.g)
If "Yes ", answer questions a - f. If "No ", move on to Section 7.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. If the proposed action requires federal or state air emission permits, the action may
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (COZ)
D2g
❑
❑
ii. More than 3.5 tons/year of nitrous oxide (NZO)
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 (BFCs) 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.) NO ❑✓ 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
0
❑
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
0
❑
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
0
❑
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
0
❑
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
E3c
0
❑
Landmark to support the biological community it was established to protect.
f. The proposed action may result in the removal of, or ground disturbance in, any
E2n
0
❑
portion of a designated significant natural community.
Source:
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.
E2m
0
❑
h. The proposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Elb
0
❑
Habitat type & information source:
i. Proposed action (commercial, industrial or recreational projects, only) involves use of
D2q
0
❑
herbicides or pesticides.
j. Other impacts: The law will allow development of solar thermal systems as principal uses, and
0
❑
large-scale solar photovoltaic systems with a footprint size of up to 35 acres,
potentially affecting flefa and fauna.
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
E2c, E3b
0
❑
NYS Land Classification System.
b. The proposed action may sever, cross or otherwise limit access to agricultural land
Ela, Elb
0
❑
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
c. The proposed action may result in the excavation or compaction of the soil profile of
E3b
0
❑
active agricultural land.
d. The proposed action may irreversibly convert agricultural land to non-agricultural
Elb, E3a
0
❑
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
0
❑
management system.
£ The proposed action may result, directly or indirectly, in increased development
C2c, C3,
0
❑
potential or pressure on farmland.
D2c, D2d
g. The proposed project is not consistent with the adopted municipal Farmland
C2c
0
❑
Protection Plan.
h. Other impacts: The law allows development of ground mounted solar systems in the Ag zone.
0
❑
Page 5 of 10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in [:]NO ❑✓ YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E. La, E. Lb, E.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
®
❑
scenic or aesthetic resource.
b. The proposed action may result in the obstruction, elimination or significant
E3h, C2b
®
❑
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)
®
❑
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
®
Elii.
Recreational or tourism based activities
Elc
®
❑
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
'/z -3 mile
3-5 mile
5+ mile
g. Other impacts: The law will allow development of solar thermal systems as principal uses, and
❑
❑
large-scale solar photovoltaic systems with a Tootprint size of up to 35 acres,
whinh rn, ild offant RgsthAton rc
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological ONO ❑✓ YES
resource. (Part 1. E.3.e, f. and g.)
If "Yes ", answer questions a - e. If `No ", go to Section IL
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may occur wholly or partially within, or substantially contiguous
E3e
®
❑
to, any buildings, archaeological site or district which is listed on or has been
nominated by the NYS Board of Historic Preservation for inclusion on the State or
National Register of Historic Places.
b. The proposed action may occur wholly or partially within, or substantially contiguous
E3f
®
❑
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
®
❑
to, an archaeological site not included on the NY SHPO inventory.
Source:
Page 6 of 10
d. Other impacts:The local law will allow development of solar thermal systems as principal uses,
and large-scale solar photovoltaic systems on lots up to 35 acres in size which
✓❑
❑
e. If any of the above (a-d) are answered "Yes", 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, EH,
✓❑
❑
integrity.
E3g, Ela,
Elb
iii. The proposed action may result in the introduction of visual elements which
E3e, EH,
✓❑
❑
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, Ego,
E2n, E2
b. The proposed action may result in the loss of a current or future recreational resource.
C2a, EIc,
❑
❑
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. Z NO YES
(See Part 1. D.2.j)
I "Yes ", answer questions a - g. 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. D.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
D 1 f,
❑
❑
or supply system to serve more than 50 single or two-family residences or to serve a
D lq, D2k
commercial or industrial use.
c. The proposed action may utilize more than 2,500 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
132m
❑
❑
regulation.
b. The proposed action may result in blasting within 1,500 feet of any residence,
D2m, 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.
132n, 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
E 1 f, E 1 g
❑
❑
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
132s, 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 RYES
(See Part 1. CA, 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.
C29 C2, C3
❑
❑
d. The proposed action is inconsistent with any County plans, or other regional land use
C29 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,
Dld, 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. [:]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, D 1 f
®
❑
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
E2g, E2h
g. Other impacts: The law will allow development of solar thermal systems as principal uses, and
®
❑
large-scale solar systems with a footprint size of up to 35 acres which could
Page 10 of 10
Full Environmental Assessment Form
Part 3 - Evaluation of the Magnitude and Importance of Project Impacts
and
Determination of Significance
Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question
in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular
element of the proposed action will not, or may, result in a significant adverse environmental impact.
Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess
the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not
have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its
determination of significance.
Reasons Supporting This Determination:
To complete this section:
• Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,
size or extent of an impact.
• Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact
occurring, number of people affected by the impact and any additional environmental consequences if the impact were to
occur.
• The assessment should take into consideration any design element or project changes.
• Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where
there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse
environmental impact.
• Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact
• For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that
no significant adverse environmental impacts will result.
• Attach additional sheets, as needed.
PLEASE SEE PART 3 ATTACHMENT
Determination of Significance - Type 1 and Unlisted Actions
SEQR Status: ❑✓ Type 1 ❑ Unlisted
Identify portions of EAF completed for this Project: ❑✓ Part 1 ❑✓ Part 2 ❑✓ Part 3
Upon review of the information recorded on this EAF, as noted, plus this additional support information
ProMed Local Law materials and "Large Scale Solar Overlay Zone" man
and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the
Town of Ithaca Town Board as lead agency that:
❑✓ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact
statement need not be prepared. Accordingly, this negative declaration is issued.
❑ B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or
substantially mitigated because of the following conditions which will be required by the lead agency:
There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative
declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617A).
❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact
statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those
impacts. Accordingly, this positive declaration is issued.
Name of Action: A Local Law Amending the Town Code, Chapter 270 Entitled "Zoning", To Revise Provisions Related To Solar Facilities
Name of Lead Agency: Ithaca Town Board
Name of Responsible Officer in Lead Agency: Rod Howe, Town Supervisor
Title of Responsible Officer: CJ Randall, Director of Planning
Signature of Responsible Officer in Lead Agency: Date: .5&W"X3
Signature of Preparer (if different from Responsible Officer) Christine Balestra, Planner Date: 5/16/2023
For Further Information:
Contact Person: CJ Randall
Address: 215 N. Tioga Street
Telephone Number: 607-273-1721
E-mail: grandall@town.ithaca.ny.us
For Type I Actions and Conditioned Negative Declarations, a copy of this Notice is sent to:
Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of)
Other involved agencies (if any)
Applicant (if any)
Environmental Notice Bulletin: http://www.dec.ny.pov/enb/enb.htmi
Full Environmental Assessment Form — Part 3 Attachment — Evaluation of the Magnitude and
Importance of Project Impacts, Determination of Significance
Local Law Amending Town of Ithaca Code. Chanter 270. Entitled "Zonina." to Revise Provisions Related to
Snlnr FnrilitiPt
The proposed amendments to the Town Code related to solar energy systems will not create
significant adverse environmental impacts. The amendments are intended to implement the
Town of Ithaca Comprehensive Plan's goal to "encourage and facilitate the production and use
of renewable energy." Further, the amendments are in accordance with Ithaca Town Board
Resolution No. 2020-049 (Resolution in Support of a Green New Deal) and Town Code
Chapters 135 (Community Choice Aggregation (Energy) Program) and 144 (Energy Code
Supplement).
The existing town solar energy system provisions limit large-scale ground mounted systems to a
maximum footprint size of 10 acres. The provisions also restrict large-scale systems to certain
zones in the town, specifically Agricultural (AG), Low Density Residential (LDR), Office Park
Commercial (OPC), Light Industrial (LI), Industrial (I), and Planned Development Zones (PDZ).
They are not allowed in the town's other commercial zones or in more compact residential zones
in recognition of potential aesthetic impacts in denser neighborhoods and commercial centers, as
well as because a large-scale installation would not be the best and most efficient use within
these smaller parcels/limited zoning districts. An exception is that large-scale installations are
currently allowed in the Medium Density Residential (MDR) zone, but only as an accessory use
(designed for use primarily on -site). This currently allows high energy users located in the MDR
zone, such as Ithaca College, to develop large-scale solar facilities for use on site.
The proposed local law revises the standards and controls related to large-scale solar energy
systems; and is designed to reduce potential adverse environmental impacts from large-scale
systems. The law permits solar -thermal energy systems in all zones as a principal use. The law
also encourages agrivoltaic farming when large-scale projects are sited on land that is well -suited
for agriculture. Significant amendment elements include:
• Increasing the maximum footprint size for large-scale systems from 10 acres to 35 acres
• Limiting large-scale systems to specific areas via an overlay district (illustrated on map
that accompanies local law)
• Requiring agrivoltaic farming where practicable for large-scale projects containing Prime
Farmland or Farmland of Statewide Importance
• Adding construction standards for large-scale solar energy systems
• Enhancing Planning Board site plan submission requirements and design standards for
large-scale systems
The proposal to increase the maximum permitted solar facility footprint from 10 acres to 35
acres coincides with the typical footprint for a distributed community solar project (5MW),
which is becoming more common as solar projects are deployed in New York State.
Community -scale solar projects are generally connected to the electric distribution network and
range in size from 250kW-5 MW nameplate capacity.
Impacts associated with increasing the permitted acreage will be mitigated by the proposed
"Large -Scale Solar Overlay Zone" map, which shows precise locations in the Town of Ithaca
Full Environmental Assessment Form — Part 3 Attachment
Solar Local Law Revisions — Town Board May 22, 2023
that have been determined most appropriate for large-scale community solar energy systems. The
Solar Overlay Zone is based on an evaluation of the entire community, centered on factors of
concern (e.g., proximity to electric infrastructure, topography, encumbered or preserved parcels,
wetlands, and other site criteria). The areas shown on the proposed map are all areas located
close to bulk distribution lines, are large enough to accommodate a large solar energy system,
and do not contain environmentally sensitive characteristics, e.g., steep slopes, wetlands,
streams, documented rare or endangered plant or animal species, etc. The proposed revisions
eliminate the allowance for large-scale systems in the MDR Zone because most of the zone
contains properties with small, residential lots. However, the Solar Overlay Zone Map includes
the two largest and most suitable properties in the MDR zone that are located close to bulk
energy distribution lines (Ithaca College is one of the properties).
Proposed construction standards have been added to the provisions to increase protection for the
town's agricultural soils. The standards are based on NYS Agriculture and Markets Guidelines
for Solar Energy Projects located on prime or important farmlands. Additionally, the NYS-Sun
Program Manual requires a Mitigation Fund payment or commitment to other mitigation
measures when a solar energy system impacts more than 30 acres of agricultural soil (source:
NYSERDA Mitigation Payment Requirements NYS-Sun Projects in State Certified Agricultural
Districts - https://www.nyserda.ny.gov/-/media/Project/Nyserda/Files/Programs/NY-
Sun/agricultural-mitigation-payment-requirements-guidelines.pdf).
Related, the proposed law's provisions require agrivoltaic farming where practicable for projects
containing Prime Farmland or Farmland of Statewide Importance. These new standards will
assist with protecting important agricultural resources in the Town of Ithaca.
Finally, among the proposed provisions are enhanced site plan review submission requirements
for projects that appear before the Planning Board. These additional requirements include a
utility plan, visual assessment and simulations, enhanced design standards, and specific and clear
criteria for decommissioning plans. Utility plans must include diagrams that detail the entire
solar energy system layout and describe the location and layout of all energy storage
components, and applicable setbacks, etc. The visual assessment and simulations must include
line of sight drawings, photographic images that depict the maximum heights of proposed system
components, before and after renderings, and other requirements. The design standards include
revised fencing standards that prohibit chain link fences and require wildlife -friendly fencing,
along with vegetation management plan requirements that limit clear -cutting trees and other
vegetation on a project site. All proposed revisions will serve to mitigate visual/aesthetic impacts
and other potentially adverse environmental impacts associated with large-scale solar energy
system installations.
2
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