HomeMy WebLinkAboutTB Minutes 2023-06-26MEETING OF THE ITHACA TOWN BOARD
June 26, 2023, 4:30 p.m.
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1. Sheriff Derek Osborne Quarterly Report
2. Tompkins County Library Annual Report
3. Town 2022 Independent Audit presentation
4. Public Hearing regarding a proposed Open Development area at 157 Enfield Falls Rd
(Attachment 1)
a. SEQR b. Adoption
5. Public Hearing regarding a proposed local law re.: Rezone 130 Forest Home Dr. by
superimposing a Limited Historic Commercial Historic Overlay District over the base
Medium Density Residential zone (Attachment 2)
a. SEQR b. Adoption
6. Consider adoption of 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 3)
a. SEQR b. Adoption
7. Consider approval of a sewer exemption request for 766 Elm St Ext.
8. Reports and Action Items from Committees
a) Budget
b) Personnel and Organization/ERC
c) Public Works
d) Planning
e) Codes & Ordinances
f) Parks & Trails
g) Economic Development
9. Consent Agenda
a. Approval of Minutes
b. Town of Ithaca Abstract
c. Approval of IQ Budget transfers/amendments
d. Acknowledge receipt of Town of Ithaca 2022 Independent Audit
e. Acknowledge receipt of SCLIWC (Bolton Point) 2022 Independent Audit
i Authorization to join the Tompkins County Chamber of Commerce
g. Authorize an appraisal for an easement associated with the Forest Home Pump
Station project
h. Set a public hearing regarding a local law to override the Tax Levy Limit
i. Acknowledge receipt of annual Conservation Easement Inspections
10. Review of Correspondence/Board Member Comments
MEETING OF THE ITHACA TOWN BOARD
June 26, 2023
MINUTES
Board Members Present: Rod Howe, Supervisor; Members Eric Levine, Rich DePaolo, Bill
Goodman, Rob Rosen, and Margaret Johnson Absent: Pamela Bleiwas
Staff Present: Judy Drake, Donna Shaw, Marty Moseley, CJ Randall, Dan Thaete, and Ashley
Colbert
Mr. Howe opened the meeting at 4:36 p.m.
1. Sherriff Derek Osborne gave a Quarterly Report
The Sheriff's Department (Department) along with County Administration has taken on creating
a domestic terrorism task force and will be holding their first meeting this week to bring together
stakeholders, including schools, large business organizations, and some human services
organizations to bounce around ideas regarding concerns about people who they think could be
at risk of being a threat to the community and find ways to prevent a problem pro -actively.
The Department worked with the Division of Criminal Justice Services to secure a grant for
$383K to develop a plan to combat and reduce gun related crime. The work will begin in July
and will involve overtime patrols to target hot spot areas prone to these types incidents.
Mental Health Co -Response Team- The plan was to have a mental health professional pair up
with a Deputy, but there have been issues with filling that role. The Department did secure an
additional patrol car that is marked differently from the standard patrol car in an effort to tone
down the reaction of people suffering from a crisis or mental health issue when Deputies arrive
on scene.
Jail Modification Plans — A task force was created by the County Legislature to explore updating
the facility with pods versus linear cells. The jail is one of the last facilities with linear cells.
Staffing — Still down 2-3 positions on road patrol, but some new people coming on soon; jail
count is high, at 66 incarcerated, mainly due to delayed court proceedings from the COVID
period.
Overall — Summer season is the busiest part of the year, with increases in burglaries and working
to mitigate that by increasing overnight shifts and doing frequent business checks and patrols.
Mr. DePaolo asked Sherriff Osborne if he had an update on the Supreme Court decision on
conceal and carry permits and how it was affecting them.
TB 2023-06-26 (Filed 7/11) Pg. 1
Sheriff Osbourne responded that his office just does the application and background checks, the
Court System does the actual approval or denial. There has been an increase in applications and
the form(s) have just been updated, but this is ever changing, but nothing significant recently.
2. Tompkins County Library gave their Annual Report
Leslie Tabor, the Director, gave an update and thanked the Town for its long-term support of the
Sunday Service hours. The Spring Sunday hours had approximately 700 visitors and the Fall
Sunday hours will be in October — November. She added that the Library makes sure people
know that these hours are supported by the Town of Ithaca.
January to June, we have circulated 900 items and fielded questions totaling 6,400 in -person and
1,000 via phone call or email, for the adult population and approximately 3,400 in person and
200 by phone or email for youth services.
The Library's Services and Policy Committee is looking to expand some circulation limits, holds
and renewals.
The funding request is for $15,000 to continue the support of the Sunday Service hours.
3. Town 2022 Independent Audit Presentation
Tom Smith, EFBR gave a report. It was a very clean audit, not only from a numerical
standpoint, but a qualitative one as well. No adjustments had to be made to the numbers
provided, and that means the information received throughout the year was accurate.
All funds were looked at and all financially healthy, meaning the Town has been managed very
responsibly fiscally.
Mr. Smith pointed out that the financial statement includes a budget to actual schedule which
shows how the budget set at the beginning of the year correlates with the actual results
throughout the year. You will see that you did not overspend any of those funds.
There is one disclosure in the financial report on the Wastewater Treatment Plant, noting that the
2019 numbers will be used, as they are the most recent numbers they have on the Plant.
The audit for the Town Justice Courts were also done and also had a clean, unmodified report.
Mr. Howe thanked Ms. Shaw and the Budget Committee.
4. Public Hearing: Proposed Open Development Area -157 Enfield Falls Rd
TB 2023-06-26 (Filed 7/11) Pg. 2
Mr. Howe opened the public hearing. There was no one wishing to be heard and the hearing was
closed.
TB Resolution 2023 - 098: SEQR — Establishment of an Open Development Area for 157
Enfield Falls Rd
Whereas, the Town received a request for the establishment of an Open Development Area
(Area) for 157 Enfield Falls Rd to address NY Town Law 280a road frontage requirements when
issuing a building permit, and
Whereas the Town Planning Board has reviewed and recommended the Town Board consider
establishing said Area as detailed in PB Resolution 2023-020, and
Whereas the Town Zoning Board of Appeals has reviewed the proposed building project and
approved the necessary area variances for the project, and
Whereas, this is an Unlisted Action for which the Town Board is acting as lead agency in the
environmental review of the establishment of the Area, and
Whereas, the Town Board has reviewed, and accepted as adequate the Short Environmental
Assessment Form Parts 1, 2 and 3, for this action, now, therefore, be it
Resolved, that the Town Board makes a negative determination of environmental significance in
accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New
York State Environmental Quality Review, for the above referenced action as proposed, based on
the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3.
Moved: Bill Goodman Seconded: Rich DePaolo
Vote: ayes — Goodman, DePaolo, Levine, Howe, Johnson and Rosen
TB Resolution 2023 - 098: Establishment of an Open Development Area for 157 Enfield
Falls Rd.
Whereas, the Town received a request for the establishment of an Open Development Area
(Area) for 157 Enfield Falls Rd to address NY Town Law 280a road frontage requirements when
issuing a building permit, and
Whereas the Town Planning Board has reviewed and recommended the Town Board consider
establishing said Area as detailed in PB Resolution 2023-020, and
Whereas the Town Zoning Board of Appeals has reviewed the proposed building project and
approved the necessary area variances for the project, and
Whereas, this is an Unlisted Action for which the Town Board is acting as lead agency in the
environmental review of the establishment of the Area, and
TB 2023-06-26 (Filed 7/11) Pg. 3
Whereas, the Town Board has reviewed, and accepted as adequate the Short Environmental
Assessment Form Parts 1, 2 and 3, for this action, and made a negative determination of
environmental significances, and
Whereas, the Town Board called and held a duly advertised public hearing regarding the
proposed establishment of the Area, now, therefore be it
Resolved, that the Town Board establishes an Open Development Area for 157 Enfield Falls Rd.,
unless or until the property obtains sufficient frontage on a road identified on the Official Town
Map as required by Town Law Sec 280a.
Moved: Bill Goodman Seconded: Rich DePaolo
Vote: ayes — Goodman, DePaolo, Levine, Howe, Rosen and Johnson
5. Public Hearing regarding a proposed local law re.: Rezone 130 Forest Home Dr. by
superimposing a Limited Historic Commercial Historic Overlay District over the
base Medium Density Residential Zone
Mr. Howe opened the public hearing.
Mary Gardner, The Byway spoke, saying that her property directly abuts the parking lot and
she had questions about whether the property was intended to be used as a rental apartment as
she is concerned about the associated parking. She felt the proposal was not very clear on their
intended use of the apartments that are on top of the commercial space.
Ms. Gardner stated that when Cornell owned it, they used it as four apartments and it is unclear
to her whether that is the continued expectation, as well as whether these should be short-term as
opposed to long-term rentals. She said when looking at the overlay code section, it looks like
they would need a special use permit to begin renting the apartments, but she wondered if that
would be automatic after this hearing.
Her main concern is that the parking lot is quite small, especially if the intent if for rentals as
well. When Cornell owned it, the employees were required to park in other Cornell lots, and the
rentals only had 3 spots assigned to it.
This application lists 9 parking spots; 4 renters, an assistant and a babysitter, leaving 3 for any
other employees or customers. After those are taken, the logical place for people to park would
be on the Byway because there are no other public parking lots or spaces available in the area.
Ms. Gardner said that The Byway was made recently made a fire access road and the residents of
the road had to go through a process just to get bare minimal spaces for residential use. There
would be no safe places for others to park according to the state board.
The tenants next door to 130 Forest Home Drive have persisted in parking in the 130 Forest
Home Dr. parking lot or on the Byway even after repeatedly being requested not to.
TB 2023-06-26 (Filed 7/11) Pg. 4
Ms. Gardner said this is a concerning issue and should be considered when determining whether
the parking situation would be sufficient for a mixed -use and any required parking for rentals.
She said the new owner of 130 Forest Home Dr has stopped permitting residents from using the
lot after business hours and this is creating a burden on the immediate neighborhood without
providing a necessary benefit to the neighboring very densely populated area.
Mr. Moseley responded that any special permit review would be required unless it was going
from commercial use to a residential use. In this situation, the owner would be required to get a
Use Permit for the business and a Special Permit from the Planning Board for the apartment use.
Regarding off-street parking, the Planning Board does have a little flexibility in reducing the
number of required parking spots, which would be done through the review process.
Ms. Randall added that the action here at the Town Board level is the zoning change, and if that
is approved, the owner's next steps would be appearing before both the Zoning Board of Appeals
and the Planning Board for the necessary approvals of whatever proposed use is decided upon,
but she needed this zoning before she could take those next steps.
TB Resolution 2022 - 100: SEAR regarding Local Law 11 of 2023 Amending Chapter 270
of the Town of Ithaca Code, Titled "Zoning," and the Town Zoning Map to Rezone Tax
Parcel No. 66.4-6, located at 130 Forest Home Drive, by superimposing a Limited Historic
Commercial Overlay District Over the Base Medium Density Residential District"
Whereas, this action is the proposed enactment of a local law to amend Chapter 270 of the Town
of Ithaca Code, Titled "Zoning," and the Town Zoning Map to Rezone Tax Parcel No. 66.-1-6,
Located at 130 Forest Home Drive, By Superimposing a Limited Historic Commercial Overlay
District Over the Base Medium Density Residential District,"
Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an
environmental review with respect to the enactment of said local law; and
Whereas, the Town Board, at its meeting held on June 26, 2023, has reviewed, and accepted as
adequate the Short Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action,
prepared by the Town Planning staff, now, therefore, be it
Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law,
6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148
Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as
proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts
2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required.
Moved: Rich DePaolo Seconded: Rod Howe
Vote: ayes — DePaolo, Howe, Levine, Goodman, Rosen and Johnson
TB 2023-06-26 (Filed 7/11) Pg. 5
TB Resolution 2022 - 101: Adoption of Local Law 11 of 2023 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"
Whereas, the Town Board adopted revisions to the Limited Historic Commercial Overlay District
(LHCOD) in 2022, which provided a way for property owners to rezone their properties to
LHCOD upon request and after meeting certain criteria, and
Whereas, the property owner at 130 Forest Home Drive has applied to rezone their property to
the LHCOD, and has submitted all the materials for the rezoning required in the LCHOD
provisions for the Town Board to consider, and
Whereas, the Planning Board, at their meeting on June 20, 2023, recommended that the Town
Board adopt the proposed local law granting the rezoning request, and
Whereas, at a meeting on June 12, 2023, the Town Board discussed the proposed local law and
set a public hearing for June 26, 2023, to hear all interested parties on the proposed law entitled
"A Local Law Amending Chapter 270 of the Town of Ithaca Code, Titled "Zoning," and the
Town Zoning Map to Rezone Tax Parcel No. 66.-1-6, Located at 130 Forest Home Drive, By
Superimposing a Limited Historic Commercial Overlay District Over the Base Medium Density
Residential District," and
Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and
Whereas, said public hearing was duly held on said date and time at the Ithaca Town Hall and all
parties 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 an Unlisted Action
for which the Town Board of the Town of Ithaca, the lead agency in an environmental review
with respect to adoption of this local law, has, on June 26, 2023, made a negative determination
of environmental significance, after having reviewed and accepted as adequate the Short
Environmental Assessment Form Parts 1, 2 and 3; and
Whereas, the Town Board finds that adoption of the local law furthers the health and welfare of
the community and is in accordance with the Town of Ithaca Comprehensive Plan; now,
therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. 11 of 2023
entitled "A Local Law Amending Chapter 270 of the Town of Ithaca Code, Titled "Zoning," and
the Town Zoning Map to Rezone Tax Parcel No. 66.-1-6, Located at 130 Forest Home Drive, By
Superimposing a Limited Historic Commercial Overlay District Over the Base Medium Density
Residential District," and it is further
TB 2023-06-26 (Filed 7/11) Pg. 6
Resolved, the Town Clerk is hereby authorized to file said local law with the Secretary of State
as required by law.
Moved: Eric Levine Seconded: Margaret Johnson
Vote: ayes — Levine, Johnson, Howe, Goodman, DePaolo and Rosen
6. Consider adoption of 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 noted that the Town has received a number of emails over the past two or three years
on various aspects of the legislation with the most recent communications focused on desire for
larger setbacks than being proposed.
Bill Goodman gave another review of the proposed legislation, reiterating that the Town is only
permitted to address aesthetic aspects and not health and safety concerns.
TB Resolution 2023 - 102: SEQR regarding a local law amending the Town of Ithaca Code,
Chapter 270 entitled "Zoning," to replace Telecommunications Facilities Provisions with
Personal Wireless Service Facilities Provisions
Whereas, this action is the proposed enactment of a "Local Law Amending the Town Of Ithaca
Code, Chapter 270 Entitled "Zoning," to Replace Telecommunications Facilities Provisions With
Personal Wireless Service Facilities Provisions;" and
Whereas, this action is being treated as a Type I Action, for which the Ithaca Town Board is the
Lead Agency in an environmental review with respect to the enactment of the local law; and
Whereas, the Town Board, at its meeting held on June 26, 2023, has reviewed, and accepted as
adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action,
prepared by the Town Planning staff, now, therefore, be it
Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law,
6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148
Environmental Quality Review of the Town of Ithaca Code for the above -referenced action as
proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts
2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required.
Moved: Eric Levine Seconded: Rob Rosen
Vote: ayes — Levine, Rosen, Howe, DePaolo, Goodman and Johnson
TB 2023-06-26 (Filed 7/11) Pg. 7
TB Resolution 2023 —103: Adoption of a local law 12 of 2023 Amending the Town Of
Ithaca Code, Chapter 270 Entitled "Zoning," to Replace Telecommunications Facilities
Provisions With Personal Wireless Service Facilities Provisions
Whereas, the Town Board adopted provisions regulating Telecommunications Facilities in 1998
(Town Code §270-219), and revised said provisions in 2001, 2005, and 2014; and
Whereas, telecommunications technology has changed since the town adopted said provisions
regulating telecommunications facilities; and
Whereas, the Federal Communication Commission has adopted several subsequent laws,
Declaratory Rulings, and Orders over the last several years that have affected the town's
processes and ability to regulate some facilities; and
Whereas, the Town Codes and Ordinances Committee (COC) discussed updating the
telecommunications provisions over several meetings between 2012 and 2019; and
Whereas, the town has drafted the proposed local law to address new federal requirements,
regulate advances in telecommunications technology, and update other language in §270-219;
and
Whereas, a public hearing was scheduled for June 12, 2023, at 5:30 p.m., to hear all interested
parties on the proposed local law titled "A Local Law Amending the Town Of Ithaca Code,
Chapter 270 Entitled "Zoning," to Replace Telecommunications Facilities Provisions With
Personal Wireless Service Facilities Provisions;" and
Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and
Whereas, the public hearing was duly held on the date and time and all parties were permitted an
opportunity to speak on behalf of or in opposition to the proposed local laws, or any part of
them; and
Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its
implementing regulations at 6 NYCRR Part 617, adoption of the local law is being treated as 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 June 26, 2023, made a
negative determination of environmental significance, after having reviewed and accepted as
adequate the Full Environmental Assessment Form Parts 1, 2 and 3; and
Whereas, the Town Board finds that the amendments to Town Code §270219, Personal
Wireless Service Facilities, will further the health, safety, and general welfare of the community
and are in accordance with the Comprehensive Plan; now therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law 12 of 2023: "A
Local Law Amending the Town Of Ithaca Code, Chapter 270 Entitled "Zoning," to Replace
Telecommunications Facilities Provisions With Personal Wireless Service Facilities Provisions."
TB 2023-06-26 (Filed 7/11) Pg. 8
Moved: Bill Goodman Seconded: Eric Levine
Vote: ayes — Goodman, Levine, Howe, DePaolo, Rosen and Johnson
7. Consider approval of a sewer exemption request for 776 Elm St Ext.
Dan Thaete commented that the Health Department is involved and that they must permit,
design, and approve the new system. They can continue to use the existing one until it fails and
then at that time the exemption is part of that new approval for the new system, for when and if it
fails.
There were no questions or comments from the board.
TB Resolution 2023 —104: Authorization for the Town Engineer to issue a Sewer
Exemption for TP 28.4-28.4; 766 Elm Street Ext
Whereas the Town Engineer received a request for a Sewer Exemption from Anngel Delaney &
Delia Yarrow -The Longhouse Cooperative-766 Elm Street Extension, TP 28.-1-28.4; stating the
financial difficulty to connect to municipal sewer, and
Whereas Anngel Delaney & Delia Yarrow, owners of Unit number 3, Building #2, wish to
construct an addition to the existing unit located within building #2, and
Whereas the Health Department has indicated the current onsite system is at or near capacity, and
Whereas the Health Department has requested the applicant design and permit the installation of
a new onsite wastewater treatment system, sized in conformance with current standards,
however, will NOT need to be installed unless the existing system fails, and
Whereas the applicant has designed a new onsite wastewater treatment system for bldg.. #2,
reviewed and approved by the Tompkins County Health Department, and
Whereas the applicant has reviewed possible connection to the Town Sanitary Sewer System for
construction of the building #2, unit 3 addition. The nearest town sewer main is located
approximately 1400+/- feet easterly down Elm Street Extension. The estimated minimum cost to
extend the town sewer to this location is $350,000. The cost to connect would be a substantial
cost in relation to the new building addition ($120,000), and
Resolved, that pursuant to Town Code Section 214-6, the Town Board hereby finds that the
applicant has shown unusual and extreme practical difficulties in connecting to the public sewers
for the reasons detailed in Anngel Delaney's request to the Town, and be it further
Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the
Town Code Section 214-5 public sewer connection requirement for TP's 28.-1-28.4 for the
installation of a new, onsite wastewater treatment system associated with the Longhouse
TB 2023-06-26 (Filed 7/11) Pg. 9
Cooperative -Building #2 addition, subject to the consent of the Tompkins County Health
Department to this exemption.
Moved: Bill Goodman Seconded: Rod Howe
Vote: ayes — Goodman, Howe, DePaolo, Levine, Rosen and Johnson
8. Reports and Action Items from Committees
a.) Budget — Mr. Levine reported that TCAT came to discuss the possibility of the Town
resuming voluntary payments that could go towards infrastructure improvements such
as new and improved bus stop shelters; presentation on the draft Capital Improvement
Plan for 2024 — 2028, including water & sewer projects, green energy, a potential
bridge on Town Line Road; reviewed the proposed 2024 Fleet Replacement Schedule;
discussed tax receipt trends, 2023 budget amendments; interest earnings reports and
began discussion regarding the tax cap.
b.) Personnel and Organization — Did not meet.
c.) Public Works- Mr. Howe reported they discussed the Tareyton Rd multi -family
project and associated water service and how to fund it; a request from a resident on
Dove Dr. for a storm water pipe which was not recommended; briefly looked at Game
Farm Road parking about which we are waiting on Cornell comments; began looking
at the draft Streetlight Policy
d.) Planning- Mr. DePaolo reported that they reviewed changes to the Sign Law to
reclassify on -premises signs to a Type 2 SEQR action; began looking at the draft
scope for the South Hill TND GEIS and a potential cost share among property
owners.
e.) Codes and Ordinances- Mr. Moseley reported that Dan Tasman gave a presentation
on revising the Subdivision Regulations and a timeline for completing the draft.
L) Others-
• Economic Development — No Report
• Parks, Trails, Preserves & Recreation - No Report
• CWIO- Ms. Johnson reported that CWIO is focusing on building State
relationships regarding 1) requests to finalize the Quality Report on TMDL, 2)
ask for more support for the Watershed Management Organization(s) and the
Soils & Water Conservation District, 3) requesting a change in State grant funding
to encourage more local participation so smaller municipalities with fewer
resources would not have to struggle to do water quality projects. Also had a
presentation on the risks of salt mining under the lake from Stephanie Redman.
• SJC - Mr. Goodman reported that they are getting more information regarding the
maintenance that needs to be done at the IAWWTF.
TB 2023-06-26 (Filed 7/11) Pg. 10
9. Consent Agenda
TB Resolution 2023 — 105: Adopt Consent Agenda
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a. Appfaval of Nfiiitite�,
b. Town of Ithaca Abstract
c. Approval of IQ Budget transfers/amendments
e. Acknowledge receipt of SCLIWC (Bolton Point) 2022 Independent Audit
f. Authorization to join the Tompkins County Chamber of Commerce
g. Authorize an appraisal for an easement associated with the Forest Home Pump
Station project
h. Set a public hearing regarding a local law to override the Tax Levy Limit
i. Acknowledge receipt of annual Conservation Easement Inspections
Moved: Rob Rosen Seconded: Eric Levine
Vote: ayes — Rosen, Levine, Howe, Johnson, Goodman, and DePaolo
TB Resolution 2023 -105b: Town of Ithaca Abstract No. 12 for FY 2023
Resolved that the Town Board authorizes the payment of the audit vouchers as submitted and for
the total amounts indicated.
VOUCHER NOS. 482 — 525
General Fund Town Wide
59,960.87
General Fund Part -Town
7,243.12
Highway Fund Town Wide DA
1,019.68
Highway Fund Part Town DB
735,309.65
Water Fund
636,255.48
Sewer Fund
120,091.07
Risk Retention Fund
1,423.00
Fire Protection Fund
295,000.00
Forest Home Lighting District
122.60
Glenside Lighting District
24.96
Renwick Heights Lighting District
31.14
Eastwood Commons Lighting District
15.52
Clover Lane Lighting District
3.36
Winner's Circle Lighting District
6.36
Burlei h Drive Lighting District
21.09
TB 2023-06-26 (Filed 7/11) Pg. 11
West Haven Road Lighting District
55.73
Coddin ton Road Lighting District
38.34
TOTAL
1,856,621.97
TB Resolution 2023 —105c: Approval of Budget Transfers, Amendments and Modifications
for April 30, 2023.
Whereas, the Town Finance Officer has reviewed all budgetary revenue and appropriation
accounts for the period ending April 30, 2023, and
Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers,
amendments or modifications summarized below:
General Town -wide Fund
Budget Amendment
Account
Description
From
To
A2401
Interest
162,500
A7110.271
Heavy Duty Truck
130,000
A8540.271
Heavy Duty Truck
32,500
Budget Transfers
Account
Description
From
To
A1110.412
Law Library & Publications
100
A1110.400
Contractual
100
A1220.415
Telephone
600
A1220.416
Supervisor — Cell
600
A1220.415
Telephone
100
A1220.420
Dues & Publications
100
A1410.400
Contractual
150
A1410.410
Conferences & Mileage
150
A1990.499
Contingency Account
2,158
A1620.449
Furniture & Furnishings
2,158
A1620.516
Town Hall Green Improvements
25,000
A5132.520
PW Green Improvements
25,000
A9950.900
Transfer to Capital Project Fund
50,000
A1990.499
Contingency Account
3,000
A1910.439
Liability Insurance
3,000
A1990.499
Contingency Account
7,774
A1920.488
Taxes/Assessments on Town
Property
7,774
General Part Town Fund
Budget Transfers
Account
Description
From
To
138010.400
Contractual
1,200
TB 2023-06-26 (Filed 7/11) Pg. 12
B8010.449
Furniture & Furnishings
1 1,200
B8020.403
Planning Study
700
B8020.449
Furniture & Furnishings
700
Highway Fund
Budget Amendment
Account
Description
Increase
Increase
DA599
Appropriated Fund Balance
175,000
DA5130.271
Heavy -Duty Equipment
175,000
Highway Part -Town Fund
Budget Amendment
Account
Description
Increase
Increase
DB 1120
Sales Tax
150,000
DB5130.271
Heavy -Duty Equipment
150,000
Budget Transfer
Account
Description
From
To
DB 1650.415
Telephones
500
DB 1680.491
Hardware & Equipment
500
DB 1650.415
Telephones
2,000
DB1910.439
Liability Insurance
2,000
Water Fund
Budget Amendment
Account
Description
Increase
Increase
F2401
Interest
30,000
F8340.271
Heavy -Duty Equipment
30,000
Budget Transfers
Account
Description
From
To
F1990.499
Contingency Account
67,500
F8340.271
Heavy -Duty Equipment
67,500
Sewer Fund
Budget Amendment
Account
Descri tion
Increase
Increase
G2401
Interest
10,000
G8120.271
Heavy -Duty Equipment
10,000
Budget Transfers
Account
Descri tion
From
To
G1990.499
Contingency Account
55,000
G8120.271
Heavy -Duty Equipment
55,000
TB 2023-06-26 (Filed 7/11) Pg. 13
Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all
budget transfers, amendments, and modifications, including all other changes deemed
appropriate and necessary.
TB Resolution 2023 - 105e: Acknowledge receipt of SCLIWC (Bolton Point) 2022
Independent Audit
Resolved that the Town Board acknowledges receipt of the Southern Cayuga Lake
Intermunicipal Water Commission's 2022 Independent Audit prepared by EFPR.
TB Resolution 2023 - 105f: Authorization to join the Tompkins County Chamber of
Commerce
Whereas the Budget Committee discussed and watched a presentation on the benefits and
activities of the Tompkins County Chamber of Commerce and unanimously approved
recommending membership to the Town Board, now, therefore be it
Resolved that the Town Board join the Tompkins County Chamber of Commerce at a yearly dues
of approximately $800.
TB Resolution 2023 - 105g : Authorization for an appraisal of an easement associated
with the Forest Home Pump Station project
Resolved that the Town Board authorizes the Supervisor to sign a contract, for an amount not to
exceed $5,000, for an appraisal of an easement between Cornell University and the Town that is
a necessary component of the Forest Home Pump Station project.
TB Resolution 2023 — 105h: Setting a Public Hearing regarding a proposed local law to
Override the Tax Levy Limit Established in General Municipal Law §3-c
Resolved that the Ithaca Town Board will a hold Public Hearings on July 24, 2023 during their
meeting which begins at 4:30 p.m., local time, regarding the adoption of a proposed local law to
override the tax levy limit established in General Municipal Law §3-c, for the fiscal year beginning
January 1, 2024 and ending December 31, 2024.
TB Resolution 2023 - 105i: Acknowledge receipt of annual Conservation Easement
Inspections
Resolved that the Town Board acknowledges receipt of the annual Conservation Easement
Inspections prepared by Mike Smith, Environmental Planner.
10. Review of Correspondence/Board Member Comments
TB 2023-06-26 (Filed 7/11) Pg. 14
Mr. Howe reported that the Town received a Conservation Award from the Finger Lakes Land
Trust at their annual meeting which was held via ZOOM, There will be a media release that wil'
be sent out later, and
An email was sent to Members for comments regarding options for our new domain name as w,.9
transition to a ".gov" address.
A meeting with various stakeholders and County Service providers was held regarding issues and
complaints at the Ellis Hollow Senior apartments. There has been a range from bed bugs to
maintenance issues and the meeting was to keep everyone informed and aware so they can be
addressed.
The Town Board/ Management Team retreat is scheduled for Friday September 22 nd from 8:30
a.m. . 1:00 p.m.
Submitted by,
wn Clerk
TB 2023-06-26 (Filed 7/11) Pg' 15
Attachment 1
Short EnvilronmentalAssessnient Form
Part I - Project Infiwination
Instructions for COUIDIefillE
Part I -- Project Inforruation. T'he applicant or project sponsor 6 respowssible for the comliledoin of Part L Responscs beconwe part of the
I
apl,Aication for approval or funding, arc stdject to public review, and ina), be su�jcct to fialher verifican. Ctioontplete Part I based on
inforination currently avadabic. If additional rescarch or irrycsfigation would be needed to ffilly, respond to an� iteni, please ans,tver as
thorougifly as possible based on currctit infimmation,
Coniplete all itcnns in 11art I . You may also provide any additional infitrtnation which you beficvc will be needed by or useffil to the
lead agency; attach additional pages as nceessary to supplerrient arly itorr.
. ........... .. . . 1. ...... . .... ..... .
Part I ProJect and Sponstir Inforittation
Town of Ithaca
Naine ofAction or Prqpcct;
Estab4shment of an Open Deveoternent Area
I'arna Location (descrihc, and attach a location niap):
2, 157 EnfiMd FaUs Rovad parcei, which contains as homie, barn, and access d6ve that were constrwled two the lown estabfistwd zorwOlg
I .......... ........
nel"Den seription of Proposed Action:
3,
2,'The 157 EnfWd Fallis Road parc*I, whOi cuntains a honw, barn, and acc*ss diriv,e that were mms1ructed before the tcmn estatAshed zon4lg, is
Iand$ocked and draws inot directly abut as street that us on the'Town of Rhaca's OffkJaj Map
Arxess frorr the 157 ErifieW Fafts Road parcei to Enfield Faft Road, wNch is on the Wfidal Map, is achieved by an exWing paved drive thatwas
par evu�ouMy the park entrance road to Robert H. 'Tre man State Park "The paved drIve, owned try New Yo* SWe, is not on the OfficW Map but the
applcant has a r qht4Y-way over Oie df ive
l"Iaine of Applicant or Sjronsor� Telcphone: W37.273.1721
T(Avn of fthaca E-Mail: QeA,s@town.Rhaca ny us
address�
215 N TIoga St
............ ... .. .. . ....
y
1 fthackl NY 148�50
Cit /PoState: �
]�)oc!sthe i)rol-A)sLdacti(!)noiiiyiiiv(,wlvetl)cicgistativcadoptioriol'aq)latil(!acallkiw,orciii,iaitic!;c�,
NO YES
adniinistrafive ruic, or rcgulation?
If N'es, awich a narrativc dcscription of tile intent ofthe Proposed action and dice envircniniental resources that
nray tic affected in the niunicipality and prtweed to Part 2, It'no, continuc to qucstion 2. El Z
raved_a"ct'_ionrcqu_ i'r'e a "j)"er-init,appr" o"v' al, o"t, fUtdTtrgftori'i a'n'y'o',_th,e_T,g_o_,v ... c, m", -n- ic, rit, A g cn'C_y,_? .. .... .... . . -, _lewd; tpte raceN0 _YE S
If Yes, I i st agene y(s) narne and pen ni t or approve I � Town Board, Zonkig Board of, AppeMs, Codes tea partirnent/bOding ...
.. .. . .... ..........
permit
1 a, Total acreage of the site ofthe prop cmed action'? 6.63 acrLs
bacres b,Total acrcagc to be physically disturbcd?
c.Tolal acreage (prqject site and anyconfiguous properties) ownecl
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, are adjoining or near the proixisedactiow
[3 1 Jrban E] Rural (riot) -agric u I ture) Industrial [:] Coritincrcial Residential (subtirban)
Z Forest 0 tip ricullure Aquatic E:1 Other(Spccify):
Parkland
Piage l nap SEAF 2019
5. Is the proposed action, NO
Y FIS
N/A
A permitted use under the zoning rcgukfionO El
b. ("onsistent with tire adopted comprehensive plan?
No
YES
6. Is the proposed action consistent with the predominant character ofthe existing budt or natural landscapc'!
Y. Is the site o,f the priTosed action located eau*...or dca sit adjoin, a state listed Criticai Fnvironincnial Area?
NO
YES
If' "des„ idenfil'yl-
NO
YES
8, a, WitI the proposed action resWt in a substantiat 6mease in traffic above Present IcvelO
El
K Aoc public transporlation services available at or near the site ofthe proposed action*?
C Are any pedestrian accortintodations m Ncycle routes available on or near the site ofthe proposed
Z
El
action'! .. ......... ...... .................... . .........
"t"h'c" "(,)"r
-p-'r'(':') p o"s, e'd, a ct-io-n tt i'e' e t C X-c''°Ce,d I'll y cod,' re
D ales
If the proposed action will exceed requirements, describe design features and technologies:
10, Wi II flie proposed act ion connect to an exist ing pubI ic/private water su ppy'!
NO
YFIS
KNo, describe method for provi&tg poudflc walm .... Imsdyc catm=tIon
............. . . ....
Z
El
W i -H tale p-r'o' p-o—s—cd a c'i-i`o- 't, —ic o rt'n"e,-(--1 i'(-D emsting wastewater wififies'!
NO
YFIS
If No, describe method for providing wastewater treatmerW
2, a, Does the pr(r�eict site contain, or k it substantially contiguous to, as bud(firig, archaecdogicaI sate, or dktrict
NO
NA", S
which is listed on the National or State Register of 1-lisloric PLaces, or that has been deterinined by the
Commissioner NYS Office Par ks, Recreation I fisloHc Presmation be 6gible for, 111isfin,can
of of'and to the
State Register of Historic Places'?
.........
K Is the projectsae, orany porfion of fa cated in or ad)accM to an area designated as scn0ivc for
archaeological sites on the NY State Historic Preservation Offi(v (SHPO) archaMogicall site inventory?
a. Does aniy porlion of the site of the proposcd acfion, or lands adjoin6ig the proposed action, contain
M)
YES
wetlands or other waterbodies regulated by as federal, state or h)caI agency'?
Z
E-1
In. Would the proposed aefion physically alter, or, oicioach into, any existing wetland or Nvaterbody"
11'Yes, Oentifythe %vefland or waterbody and extent of aherations in square feet oaem r r
... .......
........ .... .. ..... ..
. .......
Pag,e 2 43
.. . ....... '.. . . . ...... .. . . . .. . ....... .....
14 . ldcnti(y the typicM habitat types that occur on, or are likely to he found on the prcujcct sitc, Cheek all that apply'.
CIShoreline [I Forest R] Ag,,ric,titu�-,,�l,'6rrassitnds 0 Early mid -successional
DWetland E3 Urban 0 Suburban
Does the site offfic prolwsed action contain any species of animal, or associated habitats, listed by the Statc or
NO
YES
Federal government as threatened or endangered?
iTls the p'rq'jcc1 site, dre, ..... I 0R,')-),e' a'i'il (,'i�'o' .......
_N0
_Y I 'E _S
17, Will the proposed aefion create storm w,atcr discharge, either froin point oi- non -point sources?
NO
YES
l
a, Wffl storm Nvaterdischarges flow to ad,lacent proptrtte,,;
b. Will storin watcr dischargcs be dirwed to established convcyance systems (runoff and storin drains)?
El
1:1
If Yes, brictly describe.
18, Does the proposed action includc construction or other activities thatwould result in the rinpoundment of water
NO
YES
or officr liquids (c,g , rewntion pond, waste lagot"i, dant)?
If Yes, explain the purpose and size of" the impoundmenc,
I as the site offfic proposed action or anadjoining property been the location of active or closcd scMlid waste
NO
YES
management fiwflity?
II 1c 4 describea
Jlas the site of the proposed action or an adjoirmig propeny bccn the subject of mirwdiation (ongoing or
NO
'YES
completed) for hazardous waste?
If" Yes, describc'� ..... ........
El
....... ... .
I C ERTIFY "I HA ME INFORMA"FION PRONADED ABOVE Ili TRUIE AND ACCURATETOTHE REST
OF
MY KNOWLEDGE
I OMI )f fthaca / Rod Howe, Supei v�4or
-7
signaturc: J'i�jc� supeNsor
. ........
... ..
........
Attachment 2
Short Envilronmental Assessment Form
PaH I - Projecth!fortnation
Instructions for "t
erra i �n,
Part I -- ProJect Inrormation. The applicant or proJevt sponsor is responsible for tire completion of Part 1. Responses become part of the
application fior approval or firriding, are sub�jcct to public review, and may be subJect to further verification. Complete Part I based on
information currently available, Ifadditional research or investigation would be needed to fully respond to any item, please ans wer as
thoroughly as possible based on current infinmation.
Complete all items in Part 1, You rnay also provide arry additional information wOiich you believe will be needed by or useful tea the
lead agency; attach aafilifional pages as necessmy to supplement any itern
I'artI Project and Sponsor Information
Name of Ac I ti( I i i - ) - or - Pro , ect:
J Special Permit & Local law amending Chapter 270 of the Town Code arid Town Zoning Map to rezone
-rP# 66,-1-6, 130 Forest H01Tre Dr, by supe6rriposing as Urnited Historic Commercial Overlay District over the MDR District,
(describe, and attach as location majl).
130 Forest Home Drive, TP #66.-1-6
........ ... .. ..... —
Brict'Description of Proposed Action:
The proposed actions irlClUde adoption of as local law by the Town Board to rezone 130 Forest Home Drive to the Urnited
Historic CornmerciaI Zone Overlay District (LACOD) and Special Permit by the Planning Board, The property owner
would like to use the existing historic building as a professional office to run her real estate and property management
business. The use is permitted with Planning Board Special Permit, following a rezoning to the LHCOD by the own
Board. The proposal cornplies with all required rezoning criteria outlined in the LHCOD provisions,
. ............... . ............... .
917-288-9815
Name of'Applicant or Sponsone: r:
Vicky Wti vk.ky-092@hotrnaiLcorn
Address.
127 Budeigh Drive
---- — . . .... . . .........
Cityfl)(): siate�" Zip Code:
ithac,a NY ,14850
14
Does the proposed action only involve the legislative adoption of as pWi, local law, ordinance, NO YES
administrative rule, or regulation?
If Yes, attach as narrative description ofthe intent ofthe proposed action and the envirornnental resources that
may fie affected in the municipality and proveed to Part 2. If no, con roue to question 2,
" -- ...........
T t—)ocs th'c'—p-r—op"o—s ed action require a pcnim, approval or funding fi-oni any rather governincni Agency'? NC: YES
lf'Yes, list agency(s) narne and Permit or approyal: rown of it.haca BuHo.Jrig Pennits, Operating Peorift ...... .. . . . .............. ... ..
3. a. Total acreage ofthe site ofthe proposed action? acres
Ii. Trital acreage to be physically disturbed'! 0 acres
c. Total acreage (pro ' ject site and any configuous properties) owned
or controHed by the applicant or project stionsor? 0,19"!: acres
4, Check all land uses that occur on, are adjoining or near flic proposed actiow
5El Urban D Rural (non -agriculture) El Industrial E] Commercial 0 Res ideraial (suburbari)
El Forest 0 Agriculture Aquatic Other(Specify):
El Parkland
. ..... . ...
Pagc � o�' � SEAF 2019
---- --- ------ ..........
5^ Is the proposed action, NO
YTS
N/A
a, A perinnted use under the zoning regWations? El
E*/J
b, C I onsistem with the adopted: comprehensive plart?
.... .. . ....... .......... ... ... .. ........... .....
NO
YES
6, Is the proposed action consistent with the predominant character of dw existing bUilt or natUral landscape?
7. Is the site ofthe proposed action Iocated in, or does it adjoin, as state listed CriticaG Fnvrionmental Area?
NO
Y F's
lf'Yes, idenfil�:
El
...... .. ..... ............. ...... ............... ..... .. . ..... ..........
NO
YES
K a. W011 the proposed action result in a substanfiA increase in traffic above present levels'?
z
El
b. Are public transpoHation services avadabk- at or near the site ofthe proposed action',1
Area is sf;Irved by I CA r BlUs roUtE,'S 10, 30, 32, 3 7, and
C1. Are any pedestrian accommodations or hicycle routes available on or near the site cif the proposed
El-
action?
9. Does the proposed action meet or exceed the state energy code requirements?
NO
Y41"I's"'
If the proposed action will exceed requiremems, describe design fiCatures and technologies:
Any.. Propmed.Impumments W NY-$ Building
E-1
Z
0 Wdl tire proposed action connect to an existing public/private watersuppbi?
No
YES--
IfNo, describe method for providing potalfle water:
E-1
Ov
. ................. .......... ....
I I Wdl t1w proposed acnon connect to existing wastewater ufflifies?
Ott
FS
It'No, describe method fin, providing wastewater treatment,
Y - - - ------ - ------ --7 ...... ........ .
I a. Does the project sae contam, or k it substmitivifly contiguous to, a building, archaeok�gicA site, or district
......... ..........
NO
.............. ....
YES
which is listed on the National or State Register offfistoric, Places, or that has beeir determined by the
Conunissioner ofthe NYS Off"we ofTarks, Recreation and Ifistoric, Preservation to be eligible for fisting on 1he
State Register offlistoric Maces? F1easZ, S e e Pa::lg t 3,
F� e a �? e S e e Fla r 13
b� Is the project mte, or any potlion of it, pocated in or adjacent w an area de-signated as sensitive 16r
archaeological sites on the NY State Ifistmic Preservation 0111ce (SHPO) archaeoilogical site inverilory?
.
13. as Does any portion cat the site of the proposed action, or hinds adjoining tile proposed action, contain
. .........
NO
Y F* S
wedands or othet waterbodies regidated by a fe-do-al, state or Ioc,,fl agency?
[)pease See PwA 3(`
--------- -----
b. Would the proposed action physically alter', or encroach into, any existing wetland or waterbody'?
... El
Iffes, identity the wetland or waterbody and extent ofafterations in square feet or acres: ......
...........
14, identify the typical habitat types that occur on, or are likely to be found oil the project site. Check all that apply:
OSlurreline [:] 1. orest [:] Agrilturat/grasslands Farly mid -successional
E] Wetland E3 Urban C] SubUrban
Does the site ofilic proposed action contain any species of"animal, or associated habitats, lisled by the State (->I'
NO
N" L� S
Federal government as threatened or endangmd? Please See Part 3
_0
.. ...........
16. Is tire prqject site located in the 100-yew flood plan?
NO
YES
IT Will the proposed action create storm water discharge, either from point or non -point sources?
lf'Yes,
No
YIH-S
El
a. Will storm water discharges 11(m, to adjacent properbes�.,
El
El
b, Will storm wato, discharges be (firected to established conveyance systems (runol"fand storm drains)'?
El
Iffes, briefly dcscribe�
------------- .......... ....
. .... ......... . ......
18, Does the proposed action include construefion or other activities that would result in the impoundnwrit ofwater
NO
L" S
or other liquids (e,g., retention pond, waste lagoon, dam)?'
IFYes, explain the purpose and size ofthe imrK)undnlent°
...... ......
19. Has the site of the proposed action or awn adjoining property, been the location ofan active or closed solid waste
0—
Y FS-
management facility'?
-N
.... ..... .... .... . ... ... -------
0
El
2011as the site ofthe proposcd action or an adloinkig property been the subJect of mmediation (ongoing or
INO
YES
completed) for hazardowe; waste'?
lffe-s, describe: . ........ .. .. ...... ....
El
I CER,ru"),' THATTHE INFORMATION PROVIDED ABOVE ISTRUE AND ACCURATF TO THE RES"T'OF
MY KNOWLEDGE
Applicant/sponsor/name: Vicky Wu Date: 6/21/2023
signaturc:,
of 3
3=
Wednesday, Jurre 21, 2023 10: 13 AM
565 1 7
Disclaimer The rAF Mapper m as screw,,Rng toomtended to assist
pmjecft sponsms and rasvwMng agerues w prepabng mi envkonmental
assessimew form QEAF), Not afl questions asked m the EAF are
answered by the EW Mapper, AftfionM tlnfonnaficmi on any EAF
amuse stOoruearulase obtmaaedbycunsutrngtl)eEAFr: Wou*bryaks Afftugh
"'6 .1-4 the EM� Mappv pwoOdes the moM up4o.dale dmqKW data avmlaWe to
DEC, you rrwreW Moo need to Guntact locar or other data sources in oide�
to obtain data not pmOded by OW Maplpw. DgftaN data is W a
substftute for agency cWerrmnaWns.
6�5 -1 1, 2
A*any
Li HE,ZE, Gw�,,
U.,C-,e" lrlmr,,,ac
H14". R VA111,1111114
HEPIL Y"611 r L"S jtpal
!'H' k'l
. . . . . . . . .
ccq, Evcn e i E, rt a �m'r� p'e "p z
Urt HERE I'f.,,IfCfrr,, "
P014"t"O',S!"
---------- ----
Part 1 1 Question 7 (Chftat EnvironmentM
Area)
Part I / Question 12a [Nafional or State
Register of I-fistohc Places, or State Efigibie
sates]
Part 1 / Question 12b [Archeological Sites]
Pwl I / Question 13a [Wetlands or Other
Regkflated Waterbo6es]
Part, I I QUesfion 15 [Threatened or
Endangered Antrnal]
Part I / Chiesfiori 15 ('rhreatened or
Endangered Ant - Narnel
Part I / QUestion 16 [100 Year Flood PWn]
Part 1 / Question 20 (RemedWron Srtel
No
Yes
Yes - Dig4M nrappOg lnforrnafion on tercel arid federM wetlands, arid
waterbodies rs known to be incomplete Refer to EAF Workbook
Yes
Lake Sturgeon, Rusty -patched Burnble Bee
Dg4W rriapping data are not ava0able cx, are incomplete. Refer to EAF
Woftook,
No
Short Environmental Assessment Form - EAF Mapper SUrnmary Report I
Agency Use Only [if applicable)
Project:
Date:
Short Environmental AssewsittentForin
Part 2 - ImpactAssessment
Part 2 is to, be completed by the Lead Agency%
Answer all of the following questions in Part 2 using the information contained in Part I and other ntateriall suhrnlted by
the prowd sponsor or otherwise available to the reviewei. When answering the questions tire reviewer should be gUided by
the concept "I lave iny responses been icasonable considering the scale and context of dw proposed action9"
No, or
Sinall
to barge
onpact
i impact
"lay,
occur
OCCU11
d.
ffiogwi�i tileteed Wid use
rgo,in
ens?
i tic proposed act won resuh ki a change 61 the use or imensni y of use oHand?
------
- . ... . .......
3.
Will tlicl,:rr(�ar,)osedactiouiiiiil)airthe chatactet
Z
El
4
INtil the prtiposed aefion have an irrq)act on the environnwnW characterisfics that caused ffic
establislinwrit of a Cnfic.al L"nvin',mynermit Area (CFA)?
5
...........
Will the proposed action result in an adverse changc in the existing level oftraffic or
El
affect existing inftastructArre for knass transit, hiking or walkway?
to
WiH the projwsed action cause an increase in the use of era and it fails to incortiorate
reasonably avadable energy conservation or renewat)1c energy opportunifics'g
7.
Will the proposcd action impact existing:
z
El
a, pubhc / private water supplies?
1), public / privwe wastewater treaftnent rifilifies?
El
8
Mll the proposed action impair the character or quality ofinqx)rtant historic, archaeolognM,
i
arclutectural or aesthetic resouic cO
. ............... ...... . ,
9,
Will tire proposed action resuh in an adverse change to natmal resources (e,g,, wolands,
El
waterbodies, groundwater, air quality, flora and faUna)?
j 10,
. ...... ... ...... ..
Will the proposcd action reseals in an increase in the potenfial for erwkm, flooding or drainagc
Problems?
It,
. .. . .. . ........
WiH dw pr(,rp4,ised action create as hazard to environnwnW resOLUCCS or hurnan health"!
Page I of'2
Agency LUst (Jinly
Pjoject, 130 Forest HoD me p -RezonelSp Peril
D at v. t31226/23 (I Bi) . 7,182,r,,3 (�'�P7118)77T
Short Environmental Assessinent Forin
Part 3 Determination qj I Significance
For every question in Parl 2 that was answered -rnoderate to kilge iVllp)W ftKly arc CLW" , or if there is a raced to explain why a
partictdar elernent ofthe proposed action nia), or will not resuh in as slgnificant adverse environniental irripact, pleasc
complete, Part 3. Part .3 should, ill SUfficient detail, idenfif� the impact, lnckidrag any nicasures or design elernents that
have been inClUded by dw prolect Sponsor to avoki or reduce �mpacts Parl 3 shouki ako expWri how the lead agency
determined that the irnpact inay or will not be siignificant. Fach poienfial irvqiact sh(nfld be assessed considering its SeIllng,
probability ofoccurring, duration, irreversibility, gcographic scopc and inagnitude. Also consider the potential for shco.-
term, long-terrn and cumulative l'inpacts.
The proposed actions are': (1) Town Board adoption of a local law "Arnatiffing Chapter 270 of the Town of Ithaca Code, Titled "Zoning,," and the
Town Zoning Map to Rezone Tax Parcel No,, 66.44, Located at 130 Forest Horne Drive, By SuperknpoWng a Urnited Histodc Commercial
Overlay District Over the Base Medlurn Density Residential District," and (2) Planning Board Sperial Perinit to allow the proporty owner to use
the property for a professional office for her real estate and property managernent business.
The Urrifted Historic Cornmercial Overlay District (LHCOD) applies to structures that rnoet the Wigibifity rOqUlrofnents ou0ned in the law,
including those that are listed on the Now York State or Nabrinal Register's of Historic Places,, are Wiglblo for listing on the Now York State or
National Registers of HWorlc Places, or have been Identified as being "potentially significant" In the Town of Ithaca Historic Resources
Survey.
130 Forest Horne Drive is iticated within the Forest Horrie Historlc District and has also been ldentified as being "potentially significant" in the
Town Historic Resources Survey. It complies with all of the criteria required in the LHCOD provisions. The proposed rezoning would allow the
property owner to rnalritain and enhance the historical integrity/preservation of the property while also utilbring it for a mixed residential arid
cornmercla$ riso. The property, has a history of rrdxed uses gWng back to 1916, so there is actually no signrffcant proposed change in the use of
the property from Its rnception,
There will be no change in the lritensity of the use of the property. It contains apartments, parking area, and office spaces, all of which will be
used in the same manner' as In the past, Including the frroAOUS planning Board approval In August 2000 for Cornell administrative
officesiresidentiM units, The proposed actions will not impair the character of the community - the resulting property improvements will
enhance and preserve the hlstork: and aesthetic character of the property. There will be no changes to existing traffic or drainage patterns, and
no impact to existing neairby natural resources, The proposed actions will have no sigrilficant adverse onvkonrnental impacts on the Forest
Home Historic District or the surrounding community.
Regarding Part 1, 12w The, property at 130 Forest Home Drive is a contributing property located wttWn the Forest Home Historic Dlstrlct, which
is on the Nationall and State Registers of Historic Places,
Regarding Part 1, 12b; The property contains a structure and parking lot. It is a highly disturbed site, so any potentially sensitive
archaeological resources woutri have been discovered wfth prior disturbances.
Regarding Part 1, 13w The property is located approxmately 260 feet from Fall Creek, which w1il The unaffected by the proposed actions.
Regarding Part 1, IS: The NYS DEC Environmental Resource database has identified that Cake StUrgoon and the Rusty -patched Burnble Bee
could exist on the property. Lake Sturgeon live in Was and streams, The BurnWe Bee elves In prairies, woodlands, marshes, and agricultural
landscapes. The property at 130 Forest Home Drive is nearly 100% impervious suftce and does not corita4i the habitat that would support
either species.
Check this box ifyou have determined, based on the inforn-xition lurd analysis above, and any supporting docurneritalion,
that flic proposed action may result in one or more potenfiaHy large or significant adverse impacts and an
ell vironnienud ilripact staternent is mcluired.
Check this box it you have determirwd, based on the inforination arid analysis above, and any supporting (10CLIMCWWicni,
that the proposed action wiii not resuh in any significant adverse environnicnwl impacts.
Town of lffiaca Town Board
Nalne of L,ead Agency
11de of'Responsible Officei
Christine Salestra, Planner
Sigriature of'Preparer (if ddp`s.rent ftoffi'Regpil nsrNe Clfficer)
IN 7F Page 2 of 2
Full Environmental Assessment Form Attachment 3
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 Replace Telecommunications Facilities
Provisions With Personal Wireless Service Facilities Provisions
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 to replace the existing provisions related to
telecommunications facilities in Chapter 270 of the Town of
Ithaca Code with new personal wireless service facilities provisions.The proposed local law amends the provisions by, among other things:
1. Revising approval procedures for personal wireless service facilities (PWSF's)
2. Listing FCC Shot Clock and approval procedures for all PWSF's
3. Revising co -location application and approval procedures for PWSF's
4. Creating design standards and permitting procedures for all PWSF's
5. Requiring radiofrequency (RF) exposure limit certification and proof of compliance with FCC RF exposure limits
6. Imposing insurance requirements
7. Updating definitions and terminology accordingly
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 6/12/2023; consideration
or Village Board of Trustees
of law adoption 6/26/23
b. City, Town or Village ❑YesONo
Town of Ithaca Planning Board
PB recommendation to TB 6/6/2023
Planning Board or Commission
c. City Council, Town or ❑YesR]No
Village Zoning Board of Appeals
d. Other local agencies E1YesR]No
e. County agencies DYesRINo
[County Planning Department GML 239-1, -m, -n
Referred 5/25/23; response received 6/22/23
review requirement; no official approval involved.]
f. Regional agencies FlYes❑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 ONo
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ Yes®No
iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes®No
C. Planning and Zoning
C.1. Planning and zoning actions.
Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the
only approval(s) which must be granted to enable the proposed action to proceed?
• If Yes, complete sections C, F and G.
• If No, proceed to question C.2 and complete all remaining sections and questions in Part 1
OYes❑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):
Cayuga Lake Watershed Restoration and Protection Plan (2001), Cayuga Lake Scenic Byway, Forest Home Historic District
OYes❑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).
®YesE]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.
If Yes, what is the zoning classification(s) including any applicable overlay district?
All zoning districts in the Town are affected by the law.
® Yes❑No
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 personal wireless service 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? acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 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 year
• 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
El YesE] 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: DArchaeological Site E]Historic Building or District
ii. Name:
W. Brief description of attributes on which listing is based:
T
f. Is the project site, or any portion of it, located or adjacent to an area designated as sensitive for
I I iA
❑Ycs[]No
E]
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
g. Have additional archaeological or historic site(i) or resources beed,identified on the project site?
[]YesFINo
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
ElYesMNo
scenic or aesthetic resource?
If Yes:
L Identify resource:
U. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,
etc.):
iff. Distance between project and resource: miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers
[JYes0No
Program 6 NYCRR 666?
If Yes:
i. Identify the name of the river and its designation:
ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666?
E]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/Sponsor Name Town of Ithaca, 4d Howe
Signature
Date June 26, 2023
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 reviewers) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
• Review all of the information provided in Part 1.
• Review any application, maps, supporting materials and the Full EAF Workbook.
• Answer each of the 18 questions in Part 2.
• If you answer "Yes" to a numbered question, please complete all the questions that follow in that section.
• If you answer "No" to a numbered question, move on to the next numbered question.
• Check appropriate column to indicate the anticipated size of the impact.
• Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box "Moderate to large impact may occur."
• The reviewer is not expected to be an expert in environmental analysis.
• If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general
question and consult the workbook.
• When answering a question consider all components of the proposed activity, that is, the "whole action".
• Consider the possibility for long-term and cumulative impacts as well as direct impacts.
• Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, [:]NO 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
less than 3 feet.
E2d
0
❑
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
D2a
0
❑
of natural material.
e. The proposed action may involve construction that continues for more than one year
Dle
0
❑
or in multiple phases.
f. 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 1 i
0
❑
h. Other impacts: The local law will allow the development of personal wireless service facilities in tl
e town
❑
with setback requirements and design standards.
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, ®NO ❑YES
minerals, fossils, caves). (See Part 1. E.2.g)
I "Yes ", answer questions a - c. I "No ", move on to Section 3.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. Identify the specific land form(s) attached:
Egg
❑
❑
b. The proposed action may affect or is adjacent to a geological feature listed as a
E3c
❑
❑
registered National Natural Landmark.
Specific feature:
c. Other impacts:
❑
❑
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water ONO [:1 YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If "Yes ", answer questions a - 1. If "No ", move on to Section I.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may create a new water body.
D2b, Dlh
❑
❑
b. The proposed action may result in an increase or decrease of over 10% or more than a
D2b
❑
❑
10 acre increase or decrease in the surface area of any body of water.
c. The proposed action may involve dredging more than 100 cubic yards of material
D2a
❑
❑
from a wetland or water body.
d. The proposed action may involve construction within or adjoining a freshwater or
E2h
❑
❑
tidal wetland, or in the bed or banks of any other water body.
e. The proposed action may create turbidity in a waterbody, either from upland erosion,
D2a, D2h
❑
❑
runoff or by disturbing bottom sediments.
f. The proposed action may include construction of one or more intake(s) for withdrawal
D2c
❑
❑
of water from surface water.
g. The proposed action may include construction of one or more outfall(s) for discharge
D2d
❑
❑
of wastewater to surface water(s).
h. The proposed action may cause soil erosion, or otherwise create a source of
D2e
❑
❑
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
i. The proposed action may affect the water quality of any water bodies within or
E2h
❑
❑
downstream of the site of the proposed action.
j. The proposed action may involve the application of pesticides or herbicides in or
D2q, E2h
❑
❑
around any water body.
k. The proposed action may require the construction of new, or expansion of existing,
DIa, D2d
❑
❑
wastewater treatment facilities.
Page 2 of 10
1. Other impacts: ❑ ❑
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or ❑✓ NO ❑ YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If "Yes ", answer questions a - h. If "No ", move on to Section S.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may require new water supply wells, or create additional demand
D2c
❑
❑
on supplies from existing water supply wells.
b. Water supply demand from the proposed action may exceed safe and sustainable
D2c
❑
❑
withdrawal capacity rate of the local supply or aquifer.
Cite Source:
c. The proposed action may allow or result in residential uses in areas without water and
Dla, D2c
❑
❑
sewer services.
d. The proposed action may include or require wastewater discharged to groundwater.
D2d, E21
❑
❑
e. The proposed action may result in the construction of water supply wells in locations
132c, Elf,
❑
❑
where groundwater is, or is suspected to be, contaminated.
Elg, Elh
f. The proposed action may require the bulk storage of petroleum or chemical products
D2p, E21
❑
❑
over ground water or an aquifer.
g. The proposed action may involve the commercial application of pesticides within 100
E2h, D2q,
❑
❑
feet of potable drinking water or irrigation sources.
E21, D2c
h. Other impacts:
❑
❑
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. ❑✓ NO ❑YES
(See Part 1. E.2)
I "Yes ", answer questions a - g. I "No ", move on to Section 6.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may result in development in a designated floodway.
Eli
❑
❑
b. The proposed action may result in development within a 100 year floodplain.
E2j
❑
❑
c. The proposed action may result in development within a 500 year floodplain.
E2k
❑
❑
d. The proposed action may result in, or require, modification of existing drainage
D2b, D2e
❑
❑
patterns.
e. The proposed action may change flood water flows that contribute to flooding.
D2b, E2i,
❑
❑
E2', E2k
f. If there is a dam located on the site of the proposed action, is the dam in need of repair,
Ele
❑
❑
or upgrade?
Page 3 of 10
g. Other impacts:
6. Impacts on Air
6. Impacts on Air
The proposed action may include a state regulated air emission source. �✓ NO YES
(See Part 1. 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 (CO2)
D2g
❑
❑
ii. More than 3.5 tons/year of nitrous oxide (N20)
D2g
❑
❑
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
D2g
❑
❑
iv. More than .045 tons/year of sulfur hexafluoride (SF6)
D2g
❑
❑
v. More than 1000 tons/year of carbon dioxide equivalent of
D2g
❑
❑
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2h
❑
❑
b. The proposed action may generate 10 tons/year or more of any one designated
D2g
❑
❑
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
c. The proposed action may require a state air registration, or may produce an emissions
D2f, D2g
❑
❑
rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat
source capable of producing more than 10 million BTU's per hour.
d. The proposed action may reach 50% of any of the thresholds in "a" through "c",
D2g
❑
❑
above.
e. The proposed action may result in the combustion or thermal treatment of more than 1
D2s
❑
❑
ton of refuse per hour.
f. Other impacts:
❑
❑
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) QNO ❑YES
If "Yes ", answer questions a - j. If "No ", move on to Section 8.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may cause reduction in population or loss of individuals of any
E2o
❑
❑
threatened or endangered species, as listed by New York State or the Federal
government, that use the site, or are found on, over, or near the site.
b. The proposed action may result in a reduction or degradation of any habitat used by
E2o
❑
❑
any rare, threatened or endangered species, as listed by New York State or the federal
government.
c. The proposed action may cause reduction in population, or loss of individuals, of any
E2p
❑
❑
species of special concern or conservation need, as listed by New York State or the
Federal government, that use the site, or are found on, over, or near the site.
d. The proposed action may result in a reduction or degradation of any habitat used by
E2p
❑
❑
any species of special concern and conservation need, as listed by New York State or
the Federal government.
Page 4 of 10
e. The proposed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c
❑
❑
f. The proposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source:
E2n
❑
❑
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
over -wintering habitat for the predominant species that occupy or use the project site.
Elm
❑
❑
h. The proposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source:
Elb
❑
❑
i. Proposed action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
❑
❑
j. Other impacts:
❑
❑
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) R NO ❑YES
I "Yes ", answer questions a - h. I "No ", move on to Section 9.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
Etc, E3b
❑
❑
NYS Land Classification System.
b. The proposed action may sever, cross or otherwise limit access to agricultural land
Ela, Elb
❑
❑
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
c. The proposed action may result in the excavation or compaction of the soil profile of
E3b
❑
❑
active agricultural land.
d. The proposed action may irreversibly convert agricultural land to non-agricultural
Elb, E3a
❑
❑
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
e. The proposed action may disrupt or prevent installation of an agricultural land
El a, Elb
❑
❑
management system.
f. The proposed action may result, directly or indirectly, in increased development
C2c, C3,
❑
❑
potential or pressure on farmland.
D2c, D2d
g. The proposed project is not consistent with the adopted municipal Farmland
C2c
❑
❑
Protection Plan.
h. Other impacts:
❑
❑
Page 5 of 10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in [:]NO R YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.1.a, E.Lb, E.3.h.)
If "Yes ", answer questions a - g. If "No ", go to Section 10.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. Proposed action may be visible from any officially designated federal, state, or local
E3h
0
❑
scenic or aesthetic resource.
b. The proposed action may result in the obstruction, elimination or significant
E3h, C2b
0
❑
screening of one or more officially designated scenic views.
c. The proposed action may be visible from publicly accessible vantage points:
E3h
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
0
❑
ii. Year round
❑
❑
d. The situation or activity in which viewers are engaged while viewing the proposed
E3h
action is:
E2q,
i. Routine travel by residents, including travel to and from work
0
❑
ii. Recreational or tourism based activities
Elc
0
❑
e. The proposed action may cause a diminishment of the public enjoyment and
E3h
0
❑
appreciation of the designated aesthetic resource.
f. There are similar projects visible within the following distance of the proposed
Dla, Ela,
0
❑
project:
Dlf, Dlg
0-1/2 mile
'/2 -3 mile
3-5 mile
5+ mile
g. Other impacts: The local law will allow the development of personal wireless service facilities in
®
❑
e town with setbacK requirements and design standards. ai aci i ies cou d
affect aesthetic ro
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological [—]NO �✓ YES
resource. (Part 1. E.3.e, f. and g.)
If "Yes ", answer questions a - e. If "No ", go to Section 11.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
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
0
❑
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
c. The proposed action may occur wholly or partially within, or substantially contiguous
E3g
0
❑
to, an archaeological site not included on the NY SHPO inventory.
Source:
Page 6 of 10
d. Other impacts: The local law will allow the development of personal wireless service facilities in
the town with setback requirements and design standards. This could impact
0
❑
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, E3f,
0
integrity.
E3g, Ela,
Elb
iii. The proposed action may result in the introduction of visual elements which
E3e, E3f,
0
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 FIYES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c, E.l.c., E.2.q.)
I "Yes ", answer questions a - e. I "No ", go to Section 12.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may result in an impairment of natural functions, or "ecosystem
D2e, Elb
❑
❑
services", provided by an undeveloped area, including but not limited to stormwater
E2h,
storage, nutrient cycling, wildlife habitat.
E2m, E2o,
E2n, E2
b. The proposed action may result in the loss of a current or future recreational resource.
C2a, Elc,
❑
❑
C2c, E2
c. The proposed action may eliminate open space or recreational resource in an area
C2a, C2c
❑
❑
with few such resources.
Elc, E2q
d. The proposed action may result in loss of an area now used informally by the
C2c, Elc
❑
❑
community as an open space resource.
e. Other impacts:
❑
❑
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical WINO 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. 0NO ❑ 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. 13.21)
If "Yes ", answer questions a - e. If "No ", go to Section 15.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action will require a new, or an upgrade to an existing, substation.
D2k
❑
❑
b. The proposed action will require the creation or extension of an energy transmission
Dlf,
❑
❑
or supply system to serve more than 50 single or two-family residences or to serve a
Dlq, D2k
commercial or industrial use.
c. The proposed action may utilize more than 2,500 MWhrs per year of electricity.
D2k
❑
❑
d. The proposed action may involve heating and/or cooling of more than 100,000 square
Dlg
❑
❑
feet of building area when completed.
e. Other Impacts:
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. �✓ NO YES
(See Part 1. D.2.m., n., and o.)
I "Yes ", answer questions a -,f I "No ", go to Section 16.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may produce sound above noise levels established by local
D2m
❑
❑
regulation.
b. The proposed action may result in blasting within 1,500 feet of any residence,
132m, Eld
❑
❑
hospital, school, licensed day care center, or nursing home.
c. The proposed action may result in routine odors for more than one hour per day.
D2o
❑
❑
Page 8 of 10
d. The proposed action may result in light shining onto adjoining properties.
D2n
❑
❑
e. The proposed action may result in lighting creating sky -glow brighter than existing
area conditions.
D2n, Ela
❑
❑
f. Other impacts:
❑
❑
16. Impact on Human Health
The proposed action may have an impact on human health from exposure ❑ NO �✓ YES
to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)
I "Yes ", answer questions a - m. I "No ", go to Section 17.
Relevant
No,or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may cccur
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
Eld
0
❑
care center, group home, nursing home or retirement community.
b. The site of the proposed action is currently undergoing remediation.
Elg, Elh
❑
❑
c. There is a completed emergency spill remediation, or a completed environmental site
Elg, Elh
❑
❑
remediation on, or adjacent to, the site of the proposed action.
d. The site of the action is subject to an institutional control limiting the use of the
Elg, Elh
❑
❑
property (e.g., easement or deed restriction).
e. The proposed action may affect institutional control measures that were put in place
Elg, Elh
❑
❑
to ensure that the site remains protective of the environment and human health.
f. The proposed action has adequate control measures in place to ensure that future
D2t
❑
❑
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
g. The proposed action involves construction or modification of a solid waste
D2q, Elf
❑
❑
management facility.
h. The proposed action may result in the unearthing of solid or hazardous waste.
D2q, Elf
❑
❑
i. The proposed action may result in an increase in the rate of disposal, or processing, of
D2r, D2s
❑
❑
solid waste.
j. The proposed action may result in excavation or other disturbance within 2000 feet of
Elf, Elg
❑
❑
a site used for the disposal of solid or hazardous waste.
Elh
k. The proposed action may result in the migration of explosive gases from a landfill
Elf, Elg
❑
❑
site to adjacent off site structures.
1. The proposed action may result in the release of contaminated leachate from the
D2s, Elf,
❑
❑
project site.
D2r
in. Other impacts: Please See Part 3 Attachment
0
❑
Page 9 of 10
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. ✓ NO YES
(See Part 1. C.1, C.2. and C.3.)
If "Yes ", answer questions a - h. If "No ", go to Section 18.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action's land use components may be different from, or in sharp
C2, C3, Dla
❑
❑
contrast to, current surrounding land use pattern(s).
Ela, Elb
b. The proposed action will cause the permanent population of the city, town or village
C2
❑
❑
in which the project is located to grow by more than 5%.
c. The proposed action is inconsistent with local land use plans or zoning regulations.
C2, C2, C3
❑
❑
d. The proposed action is inconsistent with any County plans, or other regional land use
C2, C2
❑
❑
plans.
e. The proposed action may cause a change in the density of development that is not
C3, Dlc,
❑
❑
supported by existing infrastructure or is distant from existing infrastructure.
Dld, Dlf,
D 1 d, Elb
f. The proposed action is located in an area characterized by low density development
C4, D2c, D2d
❑
❑
that will require new or expanded public infrastructure.
D2j
g. The proposed action may induce secondary development impacts (e.g., residential or
C2a
❑
❑
commercial development not included in the proposed action)
h.Other:
❑
❑
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. R]NO YES
(See Part 1. C.2, C.3, D.2, E.3)
I "Yes ", answer questions a - g I "No ", proceed to Part 3.
Relevant
No, or
Moderate
Part I
small
to large
Question(s)
impact
impact may
may occur
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
E3e, E3f, E3g
❑
❑
of historic importance to the community.
b. The proposed action may create a demand for additional community services (e.g.
C4
❑
❑
schools, police and fire)
c. The proposed action may displace affordable or low-income housing in an area where
C2, C3, Dlf
❑
❑
there is a shortage of such housing.
Dlg, Ela
d. The proposed action may interfere with the use or enjoyment of officially recognized
C2, E3
❑
❑
or designated public resources.
e. The proposed action is inconsistent with the predominant architectural scale and
C2, C3
❑
❑
character.
f. Proposed action is inconsistent with the character of the existing natural landscape.
C2, C3
❑
❑
Ela, Elb
Egg, E2h
g. Other impacts:
❑
❑
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 Q✓ Part 3
. ..... .. . ....
Upon review offfic information recordcd on this FAI",gas noted, plus this additional support inforrnation
. . ..................... . .... ......
and considering both thc magnitude and iniporlance cal' each identified potential 6npact, it is the conclusion of the
rown of fthaca"Rmn Board
as lead agenc Y that
A This 1.)rq'iect will result in no significant adverse iinpacts on the environment, and, therefore, an environmental impact
statcatent need not bc prepared, Accordingly, this negative declaration is issued,
E] B, Although this project could havc as significant adverse impact on the environnicnt, that impact will be avoidcd or
substantially mitigated because ol'the ft,)1lowlng condifions which will he required by dic lead agcncy�
......... .
There w0l, therefore, be no significant adverse lmpacts from the projcet as conditioncd, and, thcrefore, this cmwdifioned negative
declaration is issued, A conditioned negative declaration may be used only for UNLISTED ac�tions (soc 6 NYCRR 617A),
0 "peals Pro,j cc t may resu It i n onc or i noire s ign if icant ad verse ritipacts on the ciry ironine i it, and an ctM romnenta I inipact
slaleirrcnjt must be preparcri to further assess the impact(s) and possible tnitigation and to explore alternatives to avoid or reduce those
impacts. Acccndingly, this posifive declaration is issued
Name of Actim LocW Law-Aram endl'own Code, Chapter 270,'ZoNrQ", V) RegOace, Teleoommummations FacrWas ProvtsionsWfth FlersomV Mrekms SkirvO;e FadWes
Name oftxad Agcncyfthaca Town Board
Nmne ot'ResponsiWe Officer in Lcad AgencyRod Howe, Town Supemsor
..........
'ritte of Responsible OfficcR CJ RarWaH, Mrmertrx ol P . inin
Signature ofltesrmnsible Officer in Lead AgcncyDaW
Signature of Preparer (if diffiment prom Rcsponsible Officcr) ChfiSfine Balestra, Planner Date 612112023
For Ftorther Information:
Contact Nmom GJ Raftflf
Address: 215 N. Tk,)ga Street
1'elephone Numbcr07-273-1721
ti-inail: Cirandau@town Rhaca ny.us
For'l'ype I Actions and Conditioned Negative Declarations, as copy of this tice issent to:
Chief Exccutive Officer of the political suNfivision in which the action will tic principally located (e,g.,Town City Villagc of)
Other 4ivolved agcncies (ifany)
Applicant (if any)
Emirorwmental Notict: Bifflefiry http flww"/,,dp ,'Jly,,_g,aI,/ plafqnt),htnfl
Part 3 — Full Environmental Assessment Form — Attachment
Evaluation of Magnitude and Importance of Project Impacts
Local Law Amending Town Code To Replace Telecommunication Provisions With Personal
Wireless Service Facilities Provisions
The proposed action is the enactment by the Ithaca Town Board of a local law that would replace
the existing provisions related to Telecommunication Facilities with Personal Wireless Service
Facilities provisions.
The town's provisions that regulate telecommunications facilities are in the Zoning chapter of
Town Code at §270-219. These provisions were adopted in 1998, and revised in 2001, 2005, and
2014, with much of the focus on regulating large cell towers, which were the primary technology
(besides antenna co -location on structures) that existed at the time.
Telecommunications technology has since evolved, and there are now other considerations to
factor in when regulating facilities. Additionally, Congress and the Federal Communication
Commission (FCC) have adopted subsequent laws, Declaratory Rulings, and Orders that have
affected the town's processes and ability to regulate some facilities. Some of these new
requirements have resulted in the need for the town to implement provisions that were not
envisioned when the town's telecommunications law was adopted.
The proposed local law addresses the new federal requirements, and advances in
telecommunications technology, and updates language in the law by, among other things:
1. Revising approval procedures for personal wireless service facilities (PWSF's)
2. Listing FCC Shot Clock and approval procedures for all PWSF's
3. Revising co -location application and approval procedures for PWSF's
4. Creating design standards and permitting procedures for all PWSF's
5. Requiring radiofrequency (RF) exposure limit certification and proof of compliance with
FCC RF exposure limits
6. Imposing insurance requirements
7. Updating definitions and terminology accordingly
The proposed local law will have an impact on land because it will allow the continued
development of PWSF's in the town. The law will also have an impact on aesthetic resources,
along with historic and archaeological resources. However, the magnitude of the impact is
anticipated to be small because of measures to minimize the number of new facilities, and through
new protective aesthetic and design criteria applicable to all PWSF's.
The law minimizes the number of new facilities by requiring all PWSF permit or site plan or special
permit applications to include specified proof that reasonable efforts have been made to co -locate
on an existing PWSF structure or upon another existing structure. Applications for proposed
towers for non -Small Wireless Facilities must be designed to accommodate future shared use by at
least two other PWSF providers. Applicants for such new towers must also submit an agreement
that they will negotiate in good faith with any subsequent applicant seeking to co -locate a PWSF
on the initial applicant's PWSF structures. The law further minimizes the number of new facilities
by requiring applicants to prove a compelling need to address any significant gaps in the
applicant's Personal Wireless Services through the proposed facility and not through any other
solution, and to prove the facility presents a minimal intrusion on the community. The only
exception to these showings are if a denial would constitute an effective prohibition of services
per the Federal Telecommunications Act of 1996.
The proposed law further minimizes aesthetic impacts by requiring each PWSF application to
include a visual impact analysis that assesses the proposed facility's visual impact on abutting
properties and streets. Co -located facilities that aren't exempt per FCC's Section 6409(a)
regulation will also be required to have concealed wires and cables, stealth antenna and
equipment enclosures that match the materials, color, and design of the PWSF structure on which
the antenna/equipment is located, and vegetative buffering and screening of ground -mounted
enclosures (including those adjacent to waterways, landmarks, refuges, community facilities,
conservation areas, and historic areas within common view of the public).
The local law also requires such facilities to be as visually inconspicuous as possible along NYS-
designated Scenic Byways and within any areas listed in the Tompkins County and Town of Ithaca
Scenic Resources Inventories. The law includes similar design standards for Small Wireless Facility
Nodes, Individual Small Wireless Facility Sites, and Non -Small Wireless Facilities.
The extent of new PWSF technology in the Town of Ithaca, particularly small cell technology (e.g.,
5G), is expected to be limited. Such facilities proliferate in areas with urban population densities,
whereas the Town of Ithaca is characterized as having a more rural population density profile, with
a few suburban neighborhoods. To that end, the neighborhoods in the northeast and on the east
side of the town, near Cornell University, are most likely to experience the densest small -cell
deployments. Impacts in these areas will be mitigated by the setback requirements established by
the local law. The law requires Small Wireless Facilities that are part of a node (a network) to be at
least 300 feet from any structure that contains a dwelling unit; and no closer than 1,500 feet away,
radially, from another Small Wireless Facility. Other Personal Wireless Service Facilities are also
subject to the 300-foot setback requirement. The setback requirements, coupled with the law's
aesthetic and design standards, will decrease the range and magnitude of PWSF aesthetic impacts
on the town's residential neighborhoods and dwellings.
Regarding impacts on human health, the Federal Communications Commission (FCC) is required by
the National Environmental Policy Act of 1969 to evaluate the effect of emissions from FCC -
regulated transmitters on the quality of the human environment.
2
ThefoUovxnginfonnationisfrorntheFCC'sRFSnfetvFAO,"Frequent|yaskedquestionsaboutthe
safety ofnadiofrequenoy(RF) and microwave emissions from transmitters and facilities regulated
hythe FCC"
WHAT LEVELS ARE SAFE FOR EXPOSURE TO RF ENERGY? Exposure standards for radiofrequency energy
have been developed by various organizations and governments. Most modern standards recommend safe
levels of exposure separately for the general public and for workers. In the United States, the FCC has
adopted and used recognized safety guidelines for evaluating RF environmental exposure since 1985.
Federal health and safety agencies, such as the EPA, FDA, the National Institute for Occupational Safety and
Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) have also been involved in
monitoring and investigating issues related toRFexposure.
The FCC guidelines for human exposure to RF electromagnetic fields were derived from the
recommendations of two expert organizations, the National Council on Radiation Protection and
Measurements (NCRP) and the Institute of Electrical and Electronics Engineers (IEEE). Both the NCRP
exposure criteria and the IEEE standard were developed by expert scientists and engineers after extensive
reviews of the scientific literature related to RF biological effects. The exposure guidelines are based on
thresholds for known adverse effects, and they incorporate prudent margins of safety. In adopting the
current RF exposure guidelines, the FCC consulted with the EPA, FDA, OSHA, and NIOSH, and obtained their
support for the guidelines that the FCC isusing.
Many countries in Europe and elsewhere use exposure guidelines developed by the international
Commission on Non -Ionizing Radiation Protection (|CN|RP).The |CN|RP safety limits are generally similar to
those of the NCRP and IEEE, with a few exceptions. For example, ICNIRP recommends somewhat different
exposure levels in the lower and upper frequency ranges and for localized exposure due to such devices as
hand-held cellular telephones. One of the goals of the WHO EMF Project (see above) is to provide a
framework for international harmonization of RF safety standards. The NCRP, IEEE and ICNIRP exposure
guidelines identify the same threshold level at which harmful biological effects may occur, and the values
for Maximum Permissible Exposure (MPE) recommended for electric and magnetic field strength and
power density in both documents are based on this level. The threshold level is a Specific Absorption Rate
(SAR)value for the whole body of4watts per kilogram (4VV/kg).
In addition, the NCRP, IEEE and ICNIRP guidelines for maximum permissible exposure are different for
different transmitting frequencies. This is due to the finding (discussed above) that whole -body human
absorption of RF energy varies with the frequency of the RF signal. The most restrictive limits on whole -
body exposure are in the frequency range of 30-300 MHz where the human body absorbs RF energy most
efficiently when the whole body ioexposed.
The exposure limits used by the FCC are expressed in terms of SAR, electric and magnetic field strength and
power density for transmitters operating at frequencies from 100 kHz to 100 GHz. The applicable limits
depend upon the type of sources (e.g., whether a cellphone or a broadcast transmitting antenna). The
actual values can be found in our informational bulletin available inOETBulletin 65.
ARE WIRELESS CELLULAR AND P(STOWERS AND ANTENNAS SAFE? Cellular wireless radio services transmit
using frequencies between 824 and 894 megahertz (MHz). Transmitters in the Personal Communications
Service (PCS) use frequencies in the range of 1850-1990 MHz. More recently, advanced wireless services
have been orare being introduced that transmit atfrequencies inthe 600,70U,O00,1695-17O0,1915-
1920,1995-3020,2110-2300MHz spectrum ranges. Antennas used for cellular and PCStransmissions are
typically located on towers, water tanks or other elevated structures including rooftops and the sides of
3
buildings. The combination of antennas and associated electronic equipment is referred to as a cellular or
PCS "base station" or "cell site." Typical heights for free-standing base station towers or structures are 50-
200 feet. A cellular base station may utilize several "omni-directional" antennas that look like poles, 10 to
15 feet in length, although these types of antennas are less common in urbanized areas.
in urban and suburban areas, cellular and PCS service providers commonly use "sector" antennas for their
base stations. These antennas are rectangular panels, e.g., about 1 by 4 feet in size, typically mounted on a
rooftop or other structure, but they are also mounted on towers or poles. Panel antennas are usually
arranged in three groups of three each. It is common that not all antennas are used for the transmission of
RF energy; some antennas may be receive -only. At a given cell site, the total RF power that could be
radiated by the antennas depends on the number of radio channels (transmitters) installed, the power of
each transmitter, and the type of antenna. While it is theoretically possible for cell sites to radiate at very
high power levels, the maximum power radiated in any direction usually does not exceed 500 watts.
The RF emissions from cellular or PCS base station antennas are generally directed toward the horizon in a
relatively narrow pattern in the vertical plane. in the case of sector (panel) antennas, the pattern is fan -
shaped, like a wedge cut from a pie. As with all forms of electromagnetic energy, the power density from
the antenna decreases rapidly as one moves away from the antenna. Consequently, ground -level
exposures are much less than exposures if one were at the same height and directly in front of the antenna.
Measurements made near typical cellular and PCS installations, especially those with tower -mounted
antennas, have shown that ground -level power densities are hundreds to thousands of times less than the
FCC's limits for safe exposure. This makes it extremely unlikely that a member of the general public could
be exposed to RF levels in excess of FCC guidelines due solely to cellular or PCS base station antennas
located on towers or monopoles.
When cellular and PCS antennas are mounted at rooftop locations it is possible that a person could
encounter RF levels greater than those typically encountered on the ground. However, once again,
exposures approaching or exceeding the safety guidelines are only likely to be encountered very close to
and directly in front of the antennas. For sector -type antennas, RF levels to rear are usually very low.
For further information on cellular services go to https://www.fcc.goy/general/cellular-service.
ARE CELLULAR AND OTHER RADIO TOWERS LOCATED NEAR HOMES OR SCHOOLS SAFE FOR RESIDENTS AND
STUDENTS? As discussed above, radiofrequency emissions from antennas used for cellular and PCS
transmissions result in exposure levels on the ground that are typically thousands of times below safety
limits. These safety limits were adopted by the FCC based on the recommendations of expert organizations
and endorsed by agencies of the Federal Government responsible for health and safety. Therefore, there is
no reason to believe that such towers could constitute a potential health hazard to nearby residents or
students.
Other antennas, such as those used for radio and television broadcast transmissions, use power levels that
are generally much higher than those used for cellular and PCS antennas. Therefore, in some cases there
could be a potential for higher levels of exposure to persons on the ground. However, all broadcast stations
are required to demonstrate compliance with FCC safety guidelines, and ambient exposures to nearby
persons from such stations are typically well below FCC safety limits.
CAN LOCAL AND STATE GOVERNMENTAL BODIES ESTABLISH LIMITS FOR RF EXPOSURE? In the United
States, some local and state jurisdictions have also enacted rules and regulations pertaining to human
exposure to RF energy. However, the Telecommunications Act of 1996 contained provisions relating to
federal jurisdiction to regulate human exposure to RF emissions from certain transmitting devices. In
particular, Section 704 of the Act states that, "No State or local government or instrumentality thereof may
regulate the placement, construction, and modification of personal wireless service facilities on the basis of
4
the environmental effects of radio frequency emissions to the extent that such facilities comply with the
Commission's regulations concerning such emissions."
The following information isfrom the FCC's vvebsite "Human Exposure toRadio Frequency Fields:
Guidelines for Cellular Antenna Shes,"
Phmaryantennas for transmitting wireless telephone service, including cellular and personal
communications service (PCS), are usually located outdoors on towers and other elevated structures like
rooftops, water tanks and sides of buildings. The combination of antenna towers and associated electronic
equipment is referred to as a "cellular or PCS cell site" or "base station." Cellular or PCS cell site towers are
typically 50-200 feet high. Antennas are usually arranged in groups of three, with one antenna in each
group used to transmit signals to mobile units, and the other two antennas used to receive signals from
mobile units.
Atacell site, the total radio frequency (RF) power that can betransmitted from each transmitting antenna
depends on the number of radio channels (or transmitters) that have been authorized by the Federal
Communications Commission and the power of each transmitter. Although the FCC permits an effective
radiated power (ERP) of up to 500 watts per channel (depending on the tower height), the majority of
cellular or PCS cell sites in urban and suburban areas operate at an ERP of 100 watts per channel or less.
An ERP of 100 watts corresponds to an actual radiated power of 5-10 watts, depending on the type of
antenna used. In urban areas, cell sites commonly emit an ERP of 10 watts per channel or less. For PCS cell
sites, even lower ERPs are typical. As with all forms of electromagnetic energy,the power density from a
cellular or PCS transmitter rapidly decreases as distance from the antenna increases.
Consequently, normal ground -level exposure is much less than the exposure that might be encountered if
one were very close to the antenna and in its main transmitted beam. Measurements made near typical
cellular and PCS cell sites have shown that ground -level power densities are well below the exposure limits
recommended by RF/microwave safety standards used by the FCC.
Guidelines
|n1996 the FCC adopted updated guidelines for evaluating human exposure to RF fields from fixed
transmitting antennas such as those used for cellular and PCS cell sites. The FCC's guidelines are identical to
those recommended by the National Council on Radiation Protection and Measurements, a non-profit
corporation chartered by Congress to develop information and recommendations concerning radiation
protection. The FCC's guidelines also resemble the 1992 guidelines recommended by the Institute of
Electrical and Electronics Engineers (IEEE), a non-profit technical and professional engineering society, and
endorsed by the American National Standards Institute (ANSI), a nonprofit, private ly-f u nded membership
organization that coordinates development of voluntary national standards in the United States.
In the case of cellular and PCS cell site transmitters, the FCC's RF exposure guidelines recommend a
maximum permissible exposure level to the general public of approximately 580 microwatts per square
centimeter. This limit is many times greater than RF levels typically found near the base of cellular or PCS
cell site towers or in the vicinity of other, lower -powered cell site transmitters. Calculations corresponding
to a "worst -case" situation (all transmitters operating simultaneously and continuously at the maximum
licensed power) show that, in order to be exposed to RF levels near the FCC's guidelines, an individual
would essentially have to remain in the main transmitting beam and within a few feet of the antenna for
several minutes or longer. Thus, the possibility that a member of the general public could be exposed to RF
levels inexcess ofthe FCC guidelines isextremely remote.
5
When cellular and PCS antennas are mounted on rooftops, RF emissions could exceed higher than desirable
guideline levels on the rooftop itself, even though rooftop antennas usually operate at lower power levels
than free-standing power antennas. Such levels might become an issue for maintenance or other personnel
working on the rooftop. Exposures exceeding the guidelines levels, however, are only likely to be
encountered very close to, and directly in front of, the antennas. In such cases, precautions such as time
limits can avoid exposure in excess of the guidelines. Individuals living or working within the building are
not at risk.
In Environmental Health Trust v. Federal Communications Commission, 9 F.4t" 893 (DC Cir. 2021), the
District of Columbia Circuit Court of Appeals granted in part a petition for review of an FCC order that
terminated a notice of inquiry requesting comment on whether rulemaking should be initiated to modify
FCC's guidelines for exposure to radiofrequency radiation. The Court remanded the matter to the FCC to
provide a reasoned explanation for its determination that its guidelines adequately protect against harmful
effects of exposure to radiofrequency radiation unrelated to cancer. The Court required, among other
things, that the FCC address the impacts of RF radiation on children, the health implications of long-term
exposure to RF radiation, the ubiquity of wireless devices, and other technological developments that have
occurred since the FCC last updated its guidelines. The Court also required the FCC to address the impacts
of RF radiation on the environment. The Court stated, "To be clear, we take no position in the scientific
debate regarding the health and environmental effects of RF radiation —we merely conclude that the
Commission's cursory analysis of material record evidence was insufficient as a matter of law.
As the dissenting opinion indicates, there may be good reasons why the various studies in the record, only
some of which we have cited here, do not warrant changes to the Commission's guidelines. But we cannot
supply reasoning in the agency's stead, see SEC v. Chenery Corp., 318 U.S. 80, 87-88, 63 S.Ct. 454, 87 L.Ed.
626 (1943), and here the Commission has failed to provide any reasoning to which we may defer." After
this ruling, FCC's proceedings remain open, and the FCC has not yet decided whether to promulgate new RF
emission exposure limits.
The proposed law requires PWSF providers to show and remain in compliance with the FCC's
radiofrequency exposure limits through the following provisions:
I. FCC compliance report [required for all PWSF applications].
(1) The FCC Compliance Report required by this section shall be prepared by a professional
engineer licensed to practice in the State of New York, and certified under penalties of
perjury, that the content thereof is true and accurate, wherein the engineer shall certify
that the proposed Facility will be FCC compliant (including compliance with applicable FCC
regulations and bulletins) as of the time of its installation, including that the Facility will
comply with the relevant limits for human exposure to radiofrequency (RF) fields adopted
by the FCC.
(2) If it is anticipated that there will be more than one RF emitter on the Facility, the FCC
Compliance Report shall take into account anticipated exposure from all emitters and shall
indicate whether or not the combined exposure levels will exceed the permissible General
Population Exposure Limits in locations accessible to the public, and, where applicable, the
Occupational Exposure Limits.
11
(3) Such FCC Compliance Report shall provide the calculation or calculations which the
engineer used to determine the levels of RF emissions and RF exposure levels.
(4) On the cover page of the report, the report shall explicitly specify:
(a) Whether the applicant and their engineer are claiming that the applicable FCC limits are
the General Population Exposure Limits or the Occupational Exposure Limits. If the
applicant and their engineer are asserting that only the Occupational Exposure Limits
apply to the proposed installation, they shall provide a factual basis as to why they
claim that only the Occupational Exposure Limits apply, and
(b) The exact minimum distance factor, measured in feet, which the applicant's engineer
used to calculate the level of radiation emissions to which the proposed Facility will
expose members of the general public or, where applicable, persons in the workplace.
The minimum distance factor is the closest distance (i.e., the minimum distance) to
which a person shall be able to gain access to the Antennas mounted upon, or which
shall be a part of, the proposed Facility.
T. Certification of compliance with RF exposure limits.
(1) Within forty-five (45) days of initial operation or modification of a PWSF, the owner and
operator (if different than the owner) of each Antenna shall submit to the Director of Code
Enforcement a written certification by a professional engineer licensed to practice in the
State of New York, sworn to under penalties of perjury, that the PWSF's radiofrequency
emissions comply with the applicable FCC Maximum Permissible Exposure (MPE) limits for
General Population/Uncontrolled Exposure codified in 47 CFR § 1.1310(e)(1), Table 1 or any
successor regulation.
(2) The licensed professional engineer shall measure the emissions of the approved PWSF as
well as (where required by FCC regulation, bulletin, order, or guidance) the cumulative
emissions from other nearby PWSFs and determine if such emissions are within the FCC's
MPE limits referenced above.
(3) The PWSF owner and operator (if different than the owner) shall submit to the Director of
Code Enforcement a report of these measurements and the engineer's findings with
respect to compliance with the FCC's MPE limits.
(4) If the report shows that the PWSF does not comply with applicable limits, then the owner
and operator shall immediately cease operation of the PWSF until the PWSF is brought into
compliance with such limits. Proof of compliance shall be a written certification by a
professional engineer licensed to practice in the State of New York, sworn to under
penalties of perjury, that the PWSF's radiofrequency emissions comply with the applicable
FCC MPE limits. The Town may require, at the applicant's expense, independent
verification of the results of this analysis.
7
(5) After submission of the proof of compliance with the FCC's MPE limits described above, the
PWSF owner and operator (if different than the owner) shall thereafter provide proofs of
compliance with the applicable FCC MPE limits no less frequently than twelve (12) months
after the date of submission of the last proof of compliance. All of the provisions
applicable to the initial submission shall apply to subsequent submissions.
(6) The Town shall have the right to employ a licensed professional engineer to conduct
random and unannounced tests of PWSFs located within the Town to certify their
compliance with the FCC's MPE limits. The Town may cause such random testing to be
conducted as often as the Town may deem appropriate. However, the Town may not
require the owner and/or operator to pay for more than one Town test per PWSF per
calendar year, unless such testing reveals that one or more of the owner and/or operator's
PWSFs are exceeding the FCC's MPE limits. In such a case, the owner and operator shall
immediately cease operation of all PWSFs that do not comply with the MPE limits until the
owner or operator submits proof of compliance as described above. Within forty-five (45)
days of the Town's receipt of such proof of compliance, the Town may conduct a follow-up
test at the expense of the owner and the operator (if different than the owner) to verify
compliance.
W. Compliance required.
A PWSF must comply at all times with:
(1) All conditions imposed on any site plan approval, special permit approval, and variances,
(2) Its PWSF Permit, all relevant requirements of this § 270-219, all other relevant
requirements of this Chapter 270 (unless expressly superseded by this § 270-219), and all
other relevant Ithaca Town Code requirements, and
(3) All relevant federal statutory and regulatory requirements, including but not limited to
applicable FCC Maximum Permissible Exposure (MPE) limits for General
Population/Uncontrolled Exposure codified in 47 CFR § 1.1310(e)(1), Table 1 or any
successor regulation.
The proposed local law provides the town with language that complies with federal regulations,
while protecting the health, safety, and general welfare of the residents of the town to the
greatest extent possible. Therefore, the lead agency finds that the proposed local law will not
result in significant adverse environmental impacts.
H.*
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
1, Ashley Colbert, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County,
New York; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca
and the notice has been duly published in the official newspaper, Ithaca Journal:
Ng I Dig Fwat
0 Regarding the Establishment of an
Open Development Area at 157 Enfield
Falls.914.
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
1071mi MIND -
Ashley olbe
Deputy Town Clerk
1411101 N, W- I via I I
Sworn to and subscribed before me this 17t" day
of June 2023.
10b4A 4, aAy�k-
i,40-tary M lic
L. HOMER
Notary PubABBY lic - State of New.York
No01HO6086105
oualified in Cortland County 9,1
my commission Expires Jan. 13. 20A-
Originally published on ithacajournal.com on
o6/17/2023
ITHACA TOWN BOARD Notice of Public
Hearing The Town Board will hold a public
hearing at its meeting on June 26, 2023, which
begins at 4:30 p.m. at 215 N Tioga St. to hear
comments regarding the establishment of an
Open Development Area at 157 Enfield Falls Rd.,
at which time all persons wishing to comment on
the proposed action shall be heard. Information
is available from the Town Clerk's Office.
Paulette Rosa Town Clerk
6/17/23
w
Public Notice
Originally published at ithacajournal.com on 06/17/2023
ITHACA TOWN BOARD Notice of Public Hearing The Town Board will hold a public
hearing at its meeting on June 26, 2023, which begins at 4:30 p.m. at 215 N Tioga St. to
hear comments regarding the establishment of an Open Development Area at 157 Enfield
Falls Rd., at which time all persons wishing to comment on the proposed action shall be
heard. Information is available from the Town Clerk's Office. Paulette Rosa Town Clerk
6/17/23
TOWN OF ITHACA
1, Ashley Colbert, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County,
New York; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca
and the notice has been duly published in the official newspaper, Ithaca Journal:
M OUTITSUS
Regarding a Proposed Local Law to
Rezone Tax Parcel #66.4-6 Located I
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Town website at www.townithaca.ny.us
Date of Posting: June 17, 2023
Date of Publication: June 17, 2023
Ashley
Colbe����
Deputy Town Clerk
I 101101 14111110 K91YAl M) N I I I ZKOF1111
Swom to and subscribed before me this 17t" day
of June 2023,
4otau is
ABBY L. HOMER
Notary Public - State of New York
No. 01 H06086105
Oualified inCortiarxi County
Ify Copuniarims, Ex-dres ja-t� 13, 20,,*_' 1
Originally published on ithacajournalcom on
o6/17/2023
ITHACA TOWN BOARD Notice of Public
Hearing 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
270 of the Town of Ithaca Code, titled Zoning,
and the Town Zoning Map to rezone Tax Parcel
#66.-1-6 located at 13o 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.
www.town. Ithaca. ny.us
Paulette Rosa Town Clerk
6/17/23
w
Public Notice
Originally published at ithacajournal.com on 06/17/2023
ITHACA TOWN BOARD Notice of Public Hearing 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.
www.town.Ithaca.ny.us Paulette Rosa Town Clerk 6/17/23