HomeMy WebLinkAboutTB Minutes 2023-06-12MEETING OF THE ITHACA TOWN BOARD
June 12, 2023, at 5:30 p.m.
ZOOM LINK (989 1095 8241) YOUTUBE LINK
AGENDA
1. Call to order and Pledge of Allegiance
2. Persons to be Heard and Board Comments (Attachment 1)
3. Public hearing regarding a proposed local law amending the Town of Ithaca Code, Chapter
270 entitled "Zoning," to replace Telecommunications Facilities Provisions with Personal
Wireless Service Facilities Provisions (Attachment 2)
4. Public Hearing regarding a proposed local law amending Town of Ithaca Code, Chapter 270
"Zoning," Article XXVII "Special Regulations" to revise provisions related to Solar
Facilities (Attachment 2)
a. Adoption (Rescind Previous)
5. Public hearing regarding an increase in the maximum amount to be expended for the Town
of Ithaca Forest Home Pump Station Sewer Improvement Project
a. Adoption
6. Consider approval of applications for:
a. 2023 Tompkins County Municipal Housing Affordability & Supportive
Infrastructure Grant Program for a Financial Feasibility Analysis of Residential
Development
b. Tompkins County Municipal Parks and Trails Grant Program for a Tree Planting
event in East Ithaca Nature Preserve
7. Continued consideration of approval of Ithaca Beer Noise Permit — Special Events
8. Consider a speed limit reduction request for the Southwood Subdivision roads
9. Consider referral of a request for an Open Development Area on 157 Enfield Falls Rd to the
Planning Board for comments and set public hearing
10. Consider authorization to award contract for a study of existing vehicle weight limit signs in
the Forest Home area and incorporate vehicle length restriction
11. Consider approval of an amendment to the I&I Northeast Study Contract
12. Consider setting a public hearing regarding a proposed local law amending Chapter 270 of
the Town of Ithaca Code, titled "Zoning," and the Town Zoning Map to rezone Tax Parcel
#66.-1-6 located at 130 Forest Home Drive by superimposing a Limited Historic Commercial
Overlay District over the base Medium Density Residential District
13. Consider Consent Agenda
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Approval of NYSLRS Standard Work Day
e. Approval of revised policies — several
f. Ratify appointment of Account Clerk Typist at Bolton Point
g. Approval and authorization to sign a contract for Natural Gas Supply to Town Facilities
14. Report of Town Officials
15. Review of Correspondence
MEETING OF THE ITHACA TOWN BOARD
June 12, 2023
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Pamela
Bleiwas, Bill Goodman (video), Rob Rosen and Margaret Johnson
Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty
Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; Paulette Rosa, Town Clerk;
Joe Slater, Director of Public Works; Donna Shaw, Director of Finance; and Dan Thaete, Director of
Engineering
1. Call to order and Pledge of Allegiance — Mr. Howe opened the meeting at 5:30 p.m. and
lead the pledge.
2. Persons to be Heard and Board Comments
Ms. Arms submitted a comment regarding signage related to the intersection of Cradit Farm Dr.
and Pleasant Grove Rd., saying that it is inadequate and sharing what she saw during the recent
graduation weekend.
Ms. Slothower spoke about the short-term rental regulations by briefly explaining how she used
to do hosted and unhosted during graduation weekends and now she cannot. She wanted to
know the reasoning behind that and requested that it be removed.
Mr. Engman, Pres. Forest Home Homeowners Association spoke, thanking the Board for
proposing the Forest Home Signage Study later in the meeting, but asked why Pleasant Grove Rd
to Warren and Pleasant Grove Rd to Judd Falls Rd were not mentioned in the objectives of work
and and it is such a small portion of the road.
Secondly, there is no site visit in the plan and it is hard to understand how a consultant can make
a recommendation without one.
Third, the scope states 25' feet when NYS law is 30' feet and that might cause some issues.
Mr. Howe responded that the Board would discuss the comments when the agenda item came up.
3. Public hearing regarding a proposed local law amending the Town of Ithaca Code,
Chapter 270 entitled "Zoning," to replace Telecommunications Facilities Provisions
with Personal Wireless Service Facilities Provisions
Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was
closed.
TB 2023-06-12 (Filed 6/26) Pg. 1
Mr. Howe noted that this has been discussed at multiple meetings and the final draft was
reviewed at the last meeting. We are waiting for the County review, and will act on this at the
June study session.
4. Public Hearing regarding a proposed local law amending Town of Ithaca Code,
Chapter 270 "Zoning," Article XXVII "Special Regulations" to revise provisions
related to Solar Facilities
Mr. Howe noted that this was voted on at the last meeting, but there was a change that to the map
that may have not been available to the public within the prescribed timeframe, so in an
abundance of caution, we are rescinding, re -holding the public hearing and revoting on the law.
Mr. Howe opened the public hearing. There was no one wishing to be heard and the hearing was
closed.
TB Resolution 2023 - 087: Rescission of TB Resolution 2023-083 and Adoption of a Local
Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning," to Revise
Provisions Related to Solar Facilities
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
TB 2023-06-12 (Filed 6/26) Pg. 2
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, the public hearing was duly advertised and 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 determination of
environmental significance, after having reviewed and accepted as adequate the Full
Environmental Assessment Form Parts 1, 2 and 3, and
Whereas, on May 8, 2023, a substantive change was made to the Large Scale Solar Overlay Zone
Map, which Map is part of the law and which was not available to the public prior to May 8, 2023,
and
Whereas the Town Board adopted TB Resolution 2023-083 adopting Local Law 10 of 2023
entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning," to
Revise Provisions Related to Solar Facilities" on May 22, 2023 and
Whereas, a second public hearing was properly advertised and held on June 12, 2023 regarding
the local law amending the Town of Ithaca Code, Chapter 270 entitled "Zoning" to revise
provisions related to Solar Facilities with the updated Large Scale Solar Overlay Zone Map
available to the public, now, therefore be it
Resolved, that the Town Board of the Town of Ithaca hereby rescinds TB Resolution 2023-083
and hereby adopts Local Law 10 of 2023 entitled "A Local Law Amending the Town of Ithaca
Code, Chapter 270 Entitled "Zoning," to Revise Provisions Related to Solar Facilities", and be it
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, Goodman, Levine, Rosen and Johnson
TB 2023-06-12 (Filed 6/26) Pg. 3
5. Public hearing regarding an increase in the maximum amount to be expended for the
Town of Ithaca Forest Home Pump Station Sewer Improvement Project
Mr. Howe opened the public hearing. There was no one wishing to speak and the hearing was
closed.
There were no questions or comments from the Board.
TB Resolution 2023 - 088: Order Increasing 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, Eric Levine, Bill Goodman, Pamela
Bleiwas, Rob Rosen and Margaret Johnson Absent: None
Moved: Rob Rosen Seconded: Pamela Bleiwas
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 Town Engineer of
record has prepared a revised estimate of cost within the map, plan and report for the Improvement
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, after said revised map, plan, and report with the increased estimate of cost was filed in
the office of the Town Clerk, the said Town Board did, on May 22, 2023, duly adopt an Order
describing the increase in the maximum amount to be expended by the Town of Ithaca for the
Improvement, and specifying that said Town Board shall meet 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 PM Prevailing
Time, for the purposes of conducting a public hearing on such proposal to increase the maximum
amount to be expended, and to hear all persons interested in the subject thereof concerning the
same; and
Whereas, copies of said Order were duly published and posted according to law, and said Town
Board did, at the time and place specified in said Order, duly meet and consider such proposal and
TB 2023-06-12 (Filed 6/26) Pg. 4
held a public hearing in which it heard all persons interested in the subject thereof, who appeared
at such time and place, concerning the same; and
Whereas, the Town Board now desires to authorize the increase in the maximum amount to be
expended on the Improvement based on the evidence offered at such time and place; now, therefore
be it,
Resolved, by the Town Board that it be and hereby is determined as follows:
(1) The notice of hearing was published and posted as required by law and is otherwise
sufficient.
(2) It is in the public interest to authorize the increase in the maximum proposed to be
expended on the Improvement as hereinafter described; and be it
Further Resolved, that the Town Board does hereby authorize the increase in the maximum
proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of
way, construction costs, legal fees and other expenses, from $1,017,444 to $1,089,445; and be it
Further Resolved, that this Order is subject to a permissive referendum in the manner provided in
Town Law Article 7 and Town Law Section 209-q; and be it
Further Resolved, it is hereby determined that the estimated expense of the aforesaid 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 villages and, therefore, in accordance with the provisions of
subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is
not required for such Improvement; and be it
Further Resolved, that 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 Order to be duly recorded in
the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes
effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive
evidence of the regularity of the proceedings and action taken by the Town Board in relation to
the aforesaid Improvement.
The question of the adoption of the foregoing Order was duly put to a vote on roll call, which
resulted as follows: Rod Howe, Supervisor, aye; Rich DePaolo, aye; Eric Levine, aye; Bill
Goodman, aye; Pamela Bleiwas, aye; Rob Rosen and Margaret Johnson, aye
The Order was thereupon declared duly adopted.
6. Consider approval of applications for:
a. 2023 Tompkins County Municipal Housing Affordability & Supportive
Infrastructure Grant Program for a Financial Feasibility Analysis of
Residential Development
TB 2023-06-12 (Filed 6/26) Pg. 5
There were no questions or comments from the Board.
TB Resolution 2023 - 089: Authorization to Apply for Funding through the 2023 Tompkins
County Municipal Housing Affordability & Supportive Infrastructure Grant Program for
a Financial Feasibility Analysis of Residential Development
Whereas, the Tompkins County Department of Planning and Sustainability has announced the
availability of funding under the 2023 Tompkins County Municipal Housing Affordability &
Supportive Infrastructure Grant Program to support municipalities working to address the
community's housing shortage, and
Whereas, the Town of Ithaca is seeking to hire a consultant to develop infrastructure studies and
make needed infrastructure improvements that support housing affordability, and
Whereas, the Town of Ithaca and in particular the South Hill Traditional Neighborhood
Development (TND) is a project located in or near County Development Focus Areas, and
Whereas, the Town of Ithaca estimates the total cost to complete a Financial Feasibility Analysis
of Residential Development to be approximately $19,150, and
Whereas, grant applications are due by September 25, 2023; now, therefore, be it
Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby
authorized and directed to file an application for Financial Feasibility Analysis of Residential
Development under the Tompkins County Municipal Housing Affordability & Supportive
Infrastructure Grant Program in an amount not to exceed $10,000 (maximum request), and upon
approval of said request to enter into and execute a project agreement with Tompkins County for
such financial assistance to the Town of Ithaca.
Moved: Rod Howe Seconded: Rich DePaolo
Vote: ayes — Howe, DePaolo, Levine, Goodman, Bleiwas, Rosen and Johnson
b. Tompkins County Municipal Parks and Trails Grant Program for a Tree
Planting event in East Ithaca Nature Preserve
There were no questions or comments from the Board.
TB Resolution 2023 - 090: Authorization to Apply for Funding through the 2023 Tompkins
County Municipal Parks and Trails Grant Program for a Tree Planting Event in the East
Ithaca Nature Preserve
Whereas, the Tompkins County Department of Planning and Sustainability has announced the
availability of funding under the 2023 Municipal Parks and Trails Grant Program, which lists
TB 2023-06-12 (Filed 6/26) Pg. 6
Park or Trail Improvements (e.g., benches, trash cans, lighting, tree planting) as an eligible
project, and
Whereas, the Town of Ithaca had a successful tree planting event in the East Ithaca Nature
Preserve in October 2022 with the planting of 75 trees by community volunteers, and
Whereas, the East Ithaca Nature Preserve has a need for additional native tree and shrub
planting, since all the Ash trees in the preserve are dying and invasive plants are continuing to
spread, and
Whereas, the Town of Ithaca estimates the total cost to hold another community tree planting
event this fall to plant at least 100 native trees and shrubs to be approximately $2,100, and
Whereas, grant applications are due by June 19, 2023; now, therefore, be it
Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby
authorized and directed to file an application for a tree planting event at East Ithaca Nature
Preserve under the Tompkins County Municipal Parks and Trails Grant Program in an amount
not to exceed $2,100, and upon approval of said request to enter into and execute a project
agreement with Tompkins County for such financial assistance to the Town of Ithaca.
Moved: Margaret Johnson Seconded: Rich DePaolo
Vote: ayes — Johnson, DePaolo, Howe, Levine, Goodman, Bleiwas and Rosen
7. Continued consideration of approval of Ithaca Beer Noise Permit — Special Events
Mr. DePaolo noted the reporting of hay bales being too tall for safety and the requirement to
notify "the Town Board" and suggested changing that to "report to the Code's Department."
The Board agreed.
TB Resolution 2023 — 091: Noise permit for Ithaca Beer Company's Summer Music Series,
Remaining Special Events
Whereas, the Town Board held a public hearing on April 24, 2023 regarding a noise permit
application for Summer Music Series received by Ithaca Beer Co., and discussed the request, and
Whereas, the Town Board granted a noise permit for the first two events and tabled the remaining
three events to allow time to gather more information, and
Whereas, the Town Board discussed the events and obstacles to booking events with Ithaca Beer
owner Dan Mitchell at the June 12, 2023 meeting, now therefore be it
TB 2023-06-12 (Filed 6/26) Pg. 7
Resolved that the Town Board grants a noise permit to Ithaca Beer Co. for the purpose of their
Summer Music Series, remaining events on August 13, September 10, and October 14, 2023 for
the purpose of entertaining Guests at their location of 122 Ithaca Beer Dr., with the following
Conditions:
1. Whenever safely feasible, amplification equipment used by the band for each event will be
kept lower than the hay bales placed behind them to mitigate sound; if the height of the
equipment exceeds the height of the hay bales for safety reasons, Ithaca Beer will notify
the Codes Department with details of the equipment's height and the safety concern(s), and
2. All amplification equipment will face Route 13 as a further mitigation, and with the
following
Findings:
The waiver from the requirements of Town Code Chapter 184 for the above music
events are necessary for a valid purpose, because music might not be able to conform at
all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development
Zone specifically allows for music events, subject to or upon the issuance of any permits
required (Town Code §271-15.1)(3), and
2. The waiver is the minimal intrusion needed, because the amplification is needed to hold
special larger events and are limited to once a month, no later than 8p.m., which hours are
within the "daytime hours" as defined by Town Code § 184-4; and
3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the
surrounding neighbors to a peaceable and quiet environment, because the music is for a
limited amount of time on the specified dates, with the above -listed conditions in place to
mitigate some of the intrusion on the neighbors.
Moved: Pamela Bleiwas Seconded: Rich DePaolo
Vote: ayes — Bleiwas, DePaolo, Rosen, Howe, Levine, Goodman, and Johnson
8. Consider a speed limit reduction request for the Southwood Subdivision roads
There were no questions or comments from the Board.
TB Resolution 2023 - 092: Request for Speed Limit Reduction in the Southwoods Subdivision
including the Roads Southwoods Drive, Eldridge Circle, and Old Gorge Road
Whereas, the Town Board has received a request from residents of the Southwoods Subdivision,
located on South Hill for a reduction of the speed limit, and
TB 2023-06-12 (Filed 6/26) Pg. 8
Whereas, the residents of this highly densified neighborhood stated they have concerns about the
safety of pedestrians and the number of speeding vehicles as well as the lack of speed limit signs
in the area as factors supporting their request, and
Whereas the Public Works Department discussed the request at the Public Works Committee
meeting on May 16th, 2023, and the Committee recommended the reduction to the Town Board,
now therefore be it
Resolved, that the Town Board requests Tompkins County forward to New York State
Department of Transportation Traffic Safety Division the Town's request to reduce the speed
limit in the Southwoods Subdivision roads, including: Southwoods Drive, Eldridge Circle, and
Old Gorge Road, off King Road East to an area speed limit of 25 mph.
Moved: Margaret Johnson Seconded: Rob Rosen
Vote: ayes — Johnson, Rosen, Howe, DePaolo, Goodman, Bleiwas and Levine
9. Consider referral of a request for an Open Development Area on 157 Enfield Falls Rd
to the Planning Board for comments and set public hearing
There were no questions or comments from the Board.
TB Resolution 2023 - 093: Referral to the Planning Board and setting a public hearing for
a request for an Open Development Area at 157 Enfield Falls Rd
Resolved that the Town Board refers a request for the establishment of an Open Development
Area at 157 Enfield Falls Rd to the Planning Board for review and comment, and be it further
Resolved that the Town Board will hold a public hearing at its meeting on June 26, 2023, which
begins at 4:30 p.m. to hear comments regarding the establishment of an Open Development Area
at 157 Enfield Falls Rd.
Moved: Pamela Bleiwas Seconded: Eric Levine
Vote: ayes — Bleiwas, Levine, Howe, DePaolo, Goodman, Rosen and Johnson
10. Consider authorization to award contract for a study of existing vehicle weight limit
signs in the Forest Home area and incorporate vehicle length restriction
Mr. Howe addressed comments from the beginning of the meeting, noting that this action is to
approve the study itself, not the resulting report/study and that the intent is for a comprehensive
study of the area. He asked Mr. Slater to elaborate.
Mr. Slater responded that they have dealt traffic and signage for the past 3 years; the 25' feet vs
30' feet was discussed at the Public Works committee and modeled by our Engineering
Department. The other areas of Judd Falls Rd and Pleasant Grove doesn't have the acute curbing
TB 2023-06-12 (Filed 6/26) Pg. 9
there which is the focus of the study, and both the consultant and I believe there is enough
information to do an analysis without a site visit.
Mr. Howe stated that this topic has been discussed quite a bit and asked for a motion.
TB Resolution 2023 - 094: Authorization to Award Contract for Study of Existing Vehicle
Weight Limit Signs in the Area of Forest Home and Incorporate a Vehicle Length
Restriction
Whereas on March 2, 2023, the Director of Public Works (Director) received a proposal from
Barton & Loguidice (B&L) for a Professional Traffic Operations Engineer (PTOE) to conduct a
study of the existing signs in the hamlet of Forest Home related to vehicle weight limits to ensure
they adhere to national and local sign standards and local laws, and incorporate a vehicle length
restriction on Forest Home Drive between Caldwell and Warren Roads (Study), and
Whereas B&L has adequately outlined related work experience, project objectives, and scope of
services that meet and/or exceed our expectations, and
Whereas the Director of Public Works and Town Engineering staff have reviewed the proposal
and qualifications of B&L and recommends approval by the Town Board to for the Study, not to
exceed $10,500, and
Resolved, that the Ithaca Town Board approves the proposal for the Forest Home Restriction by
Length Truck Study as submitted and authorizes the Town Supervisor to execute said contract,
subject to the review of the Attorney for the Town.
Moved: Rob Rosen Seconded: Rich DePaolo
Vote: ayes — Rosen, DePaolo, Howe, Goodman, Levine, Bleiwas, and Johnson
11. Consider approval of an amendment to the I&I Northeast Study Contract
Mr. Thaete explained that there has not been enough rain to get the readings they are looking for
and this will extend the term of the metering for 30 days if necessary.
TB Resolution 2023 - 095: Authorization to Amend and Increase Contract Award for the
Infiltration and Inflow Northeast System Study
Whereas, on March 13, 2023 by TB Resolution 2023-054, the Ithaca Town Board authorized the
award and execution of a contract for Part A of the Project with Larson Design Group (LDG) for
$95,250.00,
Whereas, the observation of wet weather events is critical to the outcome of the study,
Whereas, it has been an extremely dry 30 days and no wet weather events have been captured,
TB 2023-06-12 (Filed 6/26) Pg. 10
Whereas, LDG has provided a proposed fee increase of $57,000.00 to extend the metering for an
additional 30 days, and therefore be it
Resolved, that the Ithaca Town Board authorizes the increase of the Part A award up to
$152,250.00 and execution by the Supervisor of a contract amendment for Part A; fee increase and
contract duration increase.
Moved: Rob Rosen Seconded: Eric Levine
Vote: aye - Rosen, Levine, Goodman, Howe, DePaolo, Bleiwas, and Johnson
12. Consider setting a public hearing regarding a proposed local law amending Chapter
270 of the Town of Ithaca Code, titled "Zoning," and the Town Zoning Map to rezone
Tax Parcel #66: 1-6 located at 130 Forest Home Drive by superimposing a Limited
Historic Commercial Overlay District over the base Medium Density Residential
District
There were no comments or questions from the Board.
TB Resolution 2023 - 096: Setting a public hearing regarding a proposed local law
amending Chapter 270 of the Town of Ithaca Code, titled "Zoning," and the Town Zoning
Map to rezone Tax Parcel #66: 1-6 located at 130 Forest Home Drive by superimposing a
Limited Historic Commercial Overlay District over the Base Medium Density Residential
District
Resolved that the Ithaca Town Board will hold a public hearing at its June 26, 2023, meeting
which begins at 4:30 p.m. at Town Hall, 215 N Tioga St., and broadcast live via Zoom and
YouTubeLive for convenience of the public regarding a proposed local law amending Chapter
270 of the Town of Ithaca Code, titled "Zoning," and the Town Zoning Map to rezone Tax
Parcel #66.-1-6 located at 130 Forest Home Drive by superimposing a Limited Historic
Commercial Overlay District over the base Medium Density Residential District
At which time, all persons wishing to address the Board in favor or opposed to the proposed
local law shall be heard. Links and the draft local law are available from the Town Clerk or on
the Town's website.
Moved: Rich DePaolo Seconded: Pamela Bleiwas
Vote: ayes — Bleiwas, DePaolo, Howe, Levine, Goodman, Johnson and Rosen
13. Consider Consent Agenda
TB Resolution 2023 — 097: Adopt Consent Agenda
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following
Consent Agenda items:
TB 2023-06-12 (Filed 6/26) Pg. 11
a. Approval of Town Bear-- fin- cos
b. Approval of Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Approval of NYSLRS Standard Work Day
e. Approval of revised policies — several
f. Ratify appointment of Account Clerk Typist at Bolton Point
g. Approval and authorization to sign a contract for Natural Gas Supply to Town Facilities
Moved: Pamela Bleiwas Seconded: Eric Levine
Vote: ayes — Bleiwas, Levine, Howe, Goodman, DePaolo, Johnson and Rosen
TB Resolution 2023 - 097a: Approval of Town Board Minutes — None
TB Resolution 2023 - 097b: Town of Ithaca Abstract No. 11 for FY-2023
Resolved that the Town Board hereby authorizes payment of the following audited vouchers in
total for the amounts indicated.
VOUCHER NOS. 396 - 479
General Fund Town Wide
94,315.01
General Fund Part -Town
4,275.10
Highway Fund Town Wide DA
2,835.81
Highway Fund Part Town DB
26,040.31
Water Fund
17,642.09
Sewer Fund
74,562.04
Risk Retention Fund
441.61
Fire Protection Fund
295,000.00
Forest Home Lighting District
192.43
Glenside Lighting District
35.03
Renwick Heights Lighting District
42.22
Eastwood Commons Lighting District
25.70
Clover Lane Lighting District
5.64
Winner's Circle Lighting District
11.31
Burlei h Drive Lighting District
29.03
West Haven Road Lighting District
77.16
Coddington Road Lighting District
54.35
Trust and Agency
5,131.75
TOTAL
520,716.59
TB Resolution 2023 - 097c: Bolton Point Abstract
Resolved, that the governing Town Board for the Southern Cayuga Lake Intermunicipal Water
Commission authorizes the payment of the following audited vouchers:
Voucher Numbers: 219-270
TB 2023-06-12 (Filed 6/26) Pg. 12
Check Numbers: 20938-20945, 20947-20989, 20991
Capital Impr/Repl Project
$
17,058.62
Operating Fund
$
100,754.72
TOTAL
$
117,813.34
Less Prepaid
$(42,169.37)
TOTAL
$
75,643.97
TB Resolution 2023-907d: Establishment of NY State and Local Retirement Systems
Standard Work Day
Whereas, New York State and Local Retirement Systems requires municipalities to set a
standard work day to report all employees participating in the New York Retirement System;
and
Whereas, the Town last updated the list to the retirement system was in April 2021; now,
therefore, be it
Resolved, the Town Board of the Town of Ithaca, location code 30222, does hereby set the
following standard work day for the following classifications as required by the NY State and
Local Employees' Retirement System for the Town of Ithaca based on a time keeping system
or records of activity maintained and submitted by these members:
Five days a week, six hours a day:
Town Supervisor Members of Planning Board
Councilperson Members of Zoning Board of Appeals
Justices Crossing Guards.
7.5 hours per day, 5 days a week
8 hours per day, 5 days a week
Senior Planner
HighwaySu erintendent/Director PW
Planner
Director of Planning
Sustainability Planner
Director of Code Enforcement
Planning Intern
Director of Engineering
Deputy Finance Officer
Finance Officer
Bookkeeper to the Supervisor
Town Clerk
First Deputy Town Clerk
Human Resources Manager
Deputy Town Clerk
Network Specialist
Court Clerk
Senior Civil Engineer
Principal Account Clerk Typist
Civil En ineer
Senior Account Clerk Typist
Senior Engineering Technician
Account Clerk Typist
En ineering Technician I
Administrative Assistant IV TH
GIS Analyst
Administrative Assistant III (TH)
ighway Superintendent
Administrative Assistant II TH
Parks Maintenance Manager
Administrative Assistant I (TH)
Water/Sewer Maintenance Supervisor
Information Aide (TH)
Senior Heavy Equipment Mechanic
TB 2023-06-12 (Filed 6/26) Pg. 13
Project Assistant
Heavy Equipment Mechanic
Computer Systems Support Aide
Maintenance Supervisor
Maintenance Worker
Working Supervisor
Heavy E ui ment Operator
Motor E ui ment Operator
Laborer
Sr. Code Enforcement Officer
Code Enforcement Officer
Electrical / Code Enforcement Officer
Codes Safety Inspector
Account Clerk Typist PWF
Administrative Assistant I PWF
Administrative Assistant II(PAT)
Administrative Assistant III PWF
Administrative Assistant IV (PWF)
Resolved, the Town Board of the Town of Ithaca does hereby set the following standard work
day for the following classifications as required by the NY State and Local Retirement System
for Southern Cayuga Lake Intermunicipal Water Commission:
8 hours per day, 5 days a week:
General Manager
Assistant Production Manager
Assistant Distribution Manager
Water Treatment Plant Operator Assistant
Water Treatment Plant Operator
Sr. Water Maintenance Specialist
Distribution Operator
GIS/IT Specialist
Senior Account Clerk Typist
Administrative Assistant I, II, III and IV
Finance Manager
Production Manager
Distribution Manager
Sr. Water Treatment Plant Operator
Electrical & Mechanical Technician
Water Maintenance Specialist
Distribution Operator Assistant
Principal Account Clerk Typist
Account Clerk Typist
Information Aide
Resolved, the Town Board of the Town of Ithaca does hereby set the following standard work
day for the following classifications as required by the NY State and Local Retirement System
for Greater Tompkins County Municipal Health Insurance Consortium:
8 hours per day, 5 days a week:
Executive Director Finance Manager
Clerk of the Board
7.5 hours per day, 5 days a week:
Administrative/Computer Assistant Benefits Specialist
TB 2023-06-12 (Filed 6/26) Pg. 14
TB Resolution 2023- 097e: Adoption of Revised Personnel Policies -several
Whereas, the Employee Relations Committee and Personnel & Organization Committee have
reviewed the revised policies and recommend revising them for all staff of the Town, now,
therefore, be it
Resolved, that the Town Board of the Town of Ithaca does hereby approve effective immediately
the revised policies listed below to replace the current policies in the Personnel Manual.
Revised Policies:
Sexual Harassment Prevention Policy, Fair Employment Practices- making current to new
laws.
Volunteerism Policy- adding section on Professional Association volunteerism.
Travel and Training Policy -referring rates for meals to the US General Service Administration
TB Resolution No. 2023-097f. Ratify Appointment of Account Clerk Typist at SCLIWC.
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on June 8, 2023,
appointed Rebecca Wright to the title of Account Clerk Typist, effective, June 20, 2023; now,
therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of
Rebecca Wright to the title of Account Clerk Typist, effective, June 20, 2023, at the hourly wage
of $21.22, in Job Classification 1, with full time benefits.
TB Resolution 2023 — 097g: Authorization to Award Contract for Natural Gas Supply to
Town Facilities
Whereas on September 7, 2018, Genesee County (on behalf of Municipal Electric and Gas
Alliance, aka MEGA) received proposals for Natural Gas Supplies and awarded to Direct
Energy, and
Whereas on December 10, 2020, Genesee County extended the Program Agreement with Direct
Energy until October 31, 2026, and
Whereas Direct Energy has proposed a rate of 3.944/Dth for a 12-month term, now therefore be it
Resolved that the Ithaca Town Board authorizes the award and execution by the Supervisor of a
contract for Natural Gas Supply to Direct Energy Business, 804 Carnegie Center Dr, Princeton,
NJ 08540, subject to review by the Attorney for the Town.
14. Report of Town Officials
TB 2023-06-12 (Filed 6/26) Pg. 15
Mr. Howe reported that the Pride Flag is up for the month of June and Monday we will be
celebrating Juneteenth.
15. Review of Correspondence — None
Meeting was adjourned upon a motion by Mr. Howe, seconded by Mr. DePaolo, unanimous.
S 1 0
EEM
0 WFM MI -
TB 2023-06-12 (Filed 6;`26) Pg. 16
Attachment 1
Paulette Rosa
From: caroline arms <caroline.arms@gmail.com>
Sent: Monday, June 12, 2023 6:13 AM
To: Town Of Ithaca Clerks Department
Cc: Rod Howe; Paulette Rosa
Subject: For Persons to be Heard at 6/12 Town Board meeting
To the Town of Ithaca Board:
I am Caroline Arms and I live at 200 Forest Home Drive, at the intersection of Pleasant Grove Road and Forest Home
Drive. Our driveway leads through a barn on Pleasant Grove Road. I am out of town and unable to join the Board
meeting this evening.
I have a couple of observations to make about signage related to the Cradit Farm Drive intersection with Pleasant Grove
Road (PGR), things that should be taken into consideration whatever the design for the intersection ends up
being. When the Forest Home Improvement Association sent a request for updating the weight -limit signs on
approaches to Forest Home a few years ago, I was President of the association. The current signs are close to
corresponding to the request.
1. Soon after Commencement, I saw two or three rental trucks figuring out they should have turned into campus when
they are halfway down PGR. They turned in our driveway. My interpretation is that a parent was trying to get to a dorm
and had their GPS set up for the dorm location. They didn't connect the road sign with an arrow to Cornell between
Jessup and Cradit Farm Drive as relating to Cradit Farm Drive because Cornell sign at Cradit Farm Drive is inadequate. It
lists some buildings, but doesn't make it obvious that the buildings are Cornell buildings. Once well along PGR past Cradit
Farm Drive, their GPS says to turn round, which they do when they see our driveway. Yesterday morning, I saw a car
doing the same thing.
The existing directional signage was clearly inadequate for these folks. Can the County's road sign to Cornell be moved
closer to Cradit Farm Drive. Cornell's informational sign at Cradit Farm Drive should say "Cornell University" clearly.
2. If one drives up Cradit Farm Drive to Pleasant Grove Road (stopping opposite Hasbrouck), the current weight -limit
sign is not easy to see for anyone preparing to turn right and focusing on the traffic on PGR. There is sign clutter and
visibility is not ideal to assess traffic on PGR. Once a large truck turns right onto PGR, they have no opportunity to turn
round. Would it be legal to put an additional weight -limit sign opposite the intersection, on the Hasbrouck Village
side? There is a sign at the bottom of Warren that is in the same relative position to an intersection.
Thank you,
Caroline Arms
200 Forest Home Drive
Ithaca, NY 14850
Full Environmental Assessment Form (Attachment 2)
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 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
Id
0 grjrjvw�=P�wlll
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York;
that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice
has been duly published in the official newspaper, Ithaca Journal:
U ADVERTISEMENT/NOTICE
C NOTICE OF PUBLIC HEARING
L NOTICE OF ESTOPPEL
❑ NOTICE OF ADOPTION
Regarding Local Law Amending
Town of Ithaca Code, Ch 270
"Zoning", to Replace
Telecommunications Facilities
Provisions with Personal Wireless
Service Facilities
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Town website at www.town.ithaca.nv.us
Date of Po ing: June 11) 2023
Date of i ication: Juppf 1, 2023
Paulette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this I st day of
June 2023.
/ r z i� r
ASHLEY COLBERT
Notary Public, State of New York
No. 01 C06419580
Qualified in Tompkins County
l ,
Commission Expires July 12, 2025
Public Notice
Originally published on ithacajournal.com on
06/01 /2023
Town of Ithaca Notice of Public Hearing The Town
Board will hold a public hearing at its meeting on June
12, 2023 which begins at 5:30p.m. at 215 n Tioga St.,
Ithaca, and is broadcast live on the Town's
YouTubeLive account and ZOOM, regarding a
proposed LOCAL LAW AMENDING THE TOWN OF
ITHACA CODE, CHAPTER 270 ENTITLED ZONING,
TO REPLACE TELECOMMUNICATIONS FACILITIES
PROVISIONS WITH PERSONAL WIRELESS
SERVICE FACILITIES PROVISIONS, at which time all
persons wishing to speak regarding the proposed local
law shall be heard. The draft local law and links to the
broadcasts are available at www.town.ithaca.ny.us
under Meetings. Comments can be sent via email prior
to the meeting, in person or via ZOOM.
Paulette Rosa Town Clerk 6/1/23
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York;
that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice
has been duly published in the official newspaper, Ithaca Journal:
❑ ADVERTISEMENTINOTICE
❑ NOTICE OF PUBLIC HEARING
E. NOTICE OF ESTOPPEL
C NOTICE OF ADOPTION
Regarding Local Law Amending
Town of Ithaca Code, Ch 270
"Zoning", Article XXVII Special
Regulations, to Revise Provisions
Related to Solar Facilities
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Town website at www.town.ithaca.ny.us
Date of Posting: June 1, 2023
Date of li ation: June 1, 2023
Paulette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this 1 st day of
June 2023.
Notary Public
ASHLEY COLBERT
Notary Public, State of New York
No. 01 C06419580
Qualified in Tompkins County
Commission Expires July 12, 2025
Public Notice
Originally published on ithacajournal.com on
06/01 /2023
Town of Ithaca Notice of Public Hearing Resolved that
the Town Board will hold a public hearing at their
meeting on Monday, June 12, 2023 which begins at
5:30 p.m., at Town Hall, 215 N Tioga St., and
broadcast via ZOOM and YouTube Live for your
convenience, to hear all interested parties regarding a
local law amending Town of Ithaca Code, Chapter 270
Zoning, Article XXVII Special Regulations, to revise
provisions related to solar Facilities (increase the
maximum allowed footprint in certain locations and
other requirements associated with solar arrays.) The
draft of the local law and links to the meeting are
available on the Town's website:
www.town.ithaca.ny.us and comments can be
submitted in person or via Zoom during the meeting or
via email to townclerk@town.ithaca.ny.us prior to the
meeting.
Paulette Rosa
Town Clerk 6/1 /23
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York;
that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice
has been duly published in the official newspaper, Ithaca Journal:
❑ ADVERTISEMENT/NOTICE
D NOTICE OF PUBLIC HEARING
❑ NOTICE OF ESTOPPEL
D NOTICE OF ADOPTION
Regarding an Increase in the
Maximum Amount to be
Expended for the Town of Ithaca
Forest Home Pump Station Sewer
Improvement Project
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Town website at www.town.ithaca.ny.us
Date of Posting: May 27, 2023
Date of lication: May 27, 2023
Pau ette Rosa
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this 30th day
of May 2023.
ASHLEY COLBERT
Notary Public, State of New York
No. 01 Cos419580
Qualified in Tompkins County
Commission Expires July 12, 2025
Public Notice
Originally published on ithacajournal.com on
05/27/2023
Town of Ithaca Notice of Public Hearing 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 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.
Paulette Rosa
Town Clerk 5/27/2023