HomeMy WebLinkAboutPC Packet 2024-02-15
PLANNING DEPARTMENT
215 N. Tioga St 14850
607.273.1747
www.town.ithaca.ny.us
TOWN OF ITHACA PLANNING COMMITTEE
THURSDAY, FEBRUARY 15, 2024 at 3:00 P.M.
Meeting Location: Ithaca Town Hall, 215 N. Tioga Street, Aurora Conference Room
(Enter from the rear entrance of Town Hall, adjacent employee parking lot.)
Members of the public may also join the meeting virtually via Zoom at
https://us06web.zoom.us/j/6750593272.
AGENDA
1. Persons to be heard.
2. Committee announcements and concerns.
3. Consider approval of January meeting minutes.
4. Discuss Sanitary Sewer Exemption Process and potential modifications to Town Code
214-6.
5. Continue review and consideration of appraisals for two potential conservation easements
(282 Hayts Road and Hayts/Sheffield/Bundy Rds) and recommendation to the Town
Board.
6. Staff updates and reports.
7. Discuss next meeting date and upcoming agenda items.
A quorum of the Ithaca Town Board may be present, however,
no official Board business will be conducted.
Town of Ithaca Planning Committee
Thursday, January 18, 2024
(3:00 PM Aurora Conference Room and on Zoom)
Draft Minutes
Committee members: Rich DePaolo, Chair; Rod Howe & Margaret Johnson
Board/Staff members: Director of Planning C.J. Randall; Director of Codes Marty Moseley; Senior Planner
Mike Smith; Civil Engineer Justin McNeal; Director of Public Works Joe Slater briefly via Zoom.
Guests: Cam, Ithaca High School Student
1. Persons to be heard: Cam introduced herself as attending the meeting to fulfill a requirement for her
government class. The committee introduced themselves and welcomed her to the meeting, encouraging her to
ask questions.
2. Committee announcements and concerns: None
3. Approval of November meeting minutes: Rich moved; Rod seconded. The November 16, 2023, minutes
were approved as presented.
4. NYS Cannabis Law-Adult Use license updates: C.J. summarized a memo she sent to the committee on the
NYS legalization regulations and the tree tiers of the market (supply, retail and micro license). It was discussed
that municipalities can implement land use regulations including site plan and special permit requirements
relative to cannabis supply and retail markets with some limitations on time, place and manner. The town has
been notified of two pending retail dispensary applications in the Inlet Valley area. The state has priority
considerations for certain types of applications, and it is likely that one of the pending applications falls into the
higher priority category and may be approved in the in the first quarter of 2024 by NYS. The taxation of the
revenue produced and calculation for the split between the town and county was discussed and needed further
clarification.
Rich asked if it is recommended to implement the local land use regulations before any applications are
approved or more beneficial to wait? Rod mentioned there are workshops at the Association of Town’s
organization for guidance and he would pay close attention.
The discussion concluded with C.J. to begin work with the Codes Director and Attorney for the Town to scope
out the process of implementing local land use regulation where applicable. She will report the progress back to
the committee in February.
5. Review and consideration of appraisals for potential conservation easements for recommendation to
Town Board. Senior Planner Mike Smith was available for questions or comments related to the appraisal
proposals for the two recent properties whom applied to potentially participate in the Town’s Land Preservation
Program. He distributed a summary memo, along with the full appraisals for the committee to review prior to
the meeting and noted sending the each appraisal to the property owner/applicant. Mike gave a little history of
the properties in question and the reasons for each’s interest in land preservation through the Town’s program.
One of the property owners mentioned donating some of the revenue back for tax purposes and one has
intentions to downsize their farm/ag properties already and has sold lots to begin the process.
1
The main questions the committee had were related to the comparables used to determine values. Were the
availability of utilities, existing zoning/density/lot requirements and adjacency to already protected land
weighed equitably? The Town Ag zone has large lot requirements and the market value of the land based on
current zoning may be relatively less than the comps used in other municipalities.
Mike was asked to follow up with the appraiser on the questions raised by the committee on the method used to
come up with the figures proposed and then report back to the committee.
6. Staff updates and reports.
C.J. updated the committee on the following items:
*TAP application submitted for the East Shore Dr. ped. And bike safety corridor project. Support
letters were received from the Senators office and joint support letter from the town and city.
*Safe Streets for All-there has been ongoing document review of past project within the group of
municipalities. Individual meeting are being set up for the spring of this year.
*There was a recent meeting at Town Hall with the Black Diamond Trail Summit to begin long term
extension plans. NYS Parks and other partners were involved and the group plans to meet again in six
months.
Rod updated that the South Hill Rec Way extension should be moving forward with the recent easement
language being finalized by NYSEG. Once the documents are finalized, they will go to each Town Board for
approval. This has been a long multi agency effort with grant funding already for the start up and additional
funding needed for each municipality to continue with the work, once the easements are in place.
7. Next meeting date and upcoming agenda items: February 15, 2024 3:00 p.m.
Agenda: follow up on Adult-Use Cannabis regulations and ag property appraisals.
The Town of Ithaca Planning Committee meeting concluded at 4:00 pm.
2
DEPARTMENT OF ENGINEERING
Stormwater, Sanitary Sewer, Potable Water, Roads, Parks, and Trails
114 Seven Mile Drive, Ithaca, N.Y. 14850
ENGINEERING@TOWN.ITHACA.NY.US
PHONE: 607.273.1656
FAX: 607.272.6076
www.town.ithaca.ny.us
February 6, 2024
TO: Planning Committee
FROM: Town of Ithaca Engineering
RE: Sanitary Sewer Exemption Process/Modifications
Per town law section 214-5 (Connection Required), the owner of any house, building, or
any property used for human occupancy, etc. shall be required, at their expense, to
connect to the municipal public sewer system;
§ 214-5 Connection required.
A.
Except as otherwise provided in this article, the owner of any house, building, or any property used for
human occupancy, employment, recreation, commerce, manufacturing, or other purpose, situated within
the municipality and abutting on any street, thoroughfare, or right-of-way in which there is located a
municipal public sewer or if such municipal public sewer is otherwise available or accessible to such
house, building, or property, is hereby required at his expense to connect with the municipal public sewer
Per town law section 214-6 (Exemptions), where there are unusual and extreme
practical difficulties in requiring a house or building to be connected with a public sewer,
the Municipal Board may exempt the owner of such house from the requirement of
connecting to the public sewer system;
§ 214-6 Exemptions.
Where there are unusual and extreme practical difficulties in requiring a house or building to be connected
with a public sewer as required in this article, the Municipal Board may exempt an owner of such house or
building from the requirement of connecting with public sewer under such terms and conditions as it may
require and until such time as such exemption is canceled by the Municipal Board, provided that:
Current Exemption Process:
• Applicant contacts Town of Ithaca Engineering and/or Tompkins County
Environmental Health (TCEH) regarding the need to modify, remediate, and/or
replace an existing onsite wastewater treatment system (OWTS) or request the
installation of a new OWTS.
• TCEH will place a “hold” on the applicants request until such time as the Town
approves or disapproves an exemption request to install, modify, or replace an
OWTS.
• Applicant completes a Town of Ithaca External Plumbing Permit Application
identifying the need for a “sewer exemption” allowing for the design and
installation of an OWTS.
• Applicant provides the Town with written documentation on hardships and/or
extreme difficulties on why the applicant cannot connect to the town sanitary
sewer system.
• Depending upon the complexity of the request, applicant may appear before the
Public Works Committee to further investigate/discuss the exemption and provide
findings or conclusions to the Town Board.
• The Town Board then approves or denies the exemption request.
• If an exemption is approved, applicant may then complete the design and
installation of an OWTS in conformance with TCEH permits and requirements.
• If exemption is denied, applicant would either need to extend a town sanitary
sewer main to the property or cancel the project.
Issues:
• Often times applicants are unaware of the need to connect to the Town sewer
system and appear frustrated by the need to provide exemption rationale when
they are constructing 1/2 a mile or more from a town sewer main.
• If an existing OWTS is failing, it may take the Town up to 4 weeks to approve an
exemption request prior to TCEH approving and permitting a new system or
remediation.
• The Town Board sees numerous exemption requests throughout the year, most
claim financial hardship due to distance from existing town sewer main.
• Building permits or remediation of a failing OWTS is often held up waiting for
exemption approval by the town.
Potential updates:
• Update town law(s) to allow the Director of Engineering to approve sewer
exemption requests for 1 or 2 family structures if greater than a pre -set offset
distance from Town Sanitary Sewer mains. (Refer to attached maps indicating
500, 1000, 1500-foot offset distance(s))
• All other construction types beyond a 1 or 2 family residential structure will follow
the existing exemption procedures.
Other Municipal Examples:
Sewer Exemption Requirement Examples
New York DEC publishes a sample sewer law, which requires sewer connections for new and existing
structures where there is a sewer main within 100 feet of the property line.
Section 307 - Connection to Public Sewer Required The owner(s) of all houses, buildings, or
properties used for human occupancy, employment, recreation, or other purposes, situated
within the (-CVT-), and abutting on any street, alley, or right-of-way in which there is now located
or may, in the future, be located a public sewer, is hereby required, at the owner's expense to
install suitable sanitary facilities therein, and to connect such facilities directly with the proper
public sewer, in accordance with the provisions of this law, within ninety (90) days after official
notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of
the property line.
https://extapps.dec.ny.gov/docs/water_pdf/modelseweruselaw.pdf
Many communities use this language directly. For example, Seneca County:
Section 3B-07 - Connection to Public Sewer Required The owner(s) of all houses, buildings, or
properties used for human occupancy, employment, recreation, or other purposes, situated
within the County, and abutting on any street, alley, or right-of-way in which there is now located
or may, in the future, be located a public sewer, is hereby required, at the owner's expense to
install suitable sanitary facilities therein, and to connect such facilities directly with the proper
public sewer, in accordance with the provisions of this law, within ninety (90) days after official
notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of
the property line.
https://www.co.seneca.ny.us/wp-content/uploads/2019/12/Local-Law-3-2019-Seneca-County-
Sewer-Use-Law-ADA-112619.pdf
The Town of Webster extends the distance to 500 feet:
§ 257-15
Connection to public sewers required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The owners of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, situated within the Town-wide Sewer District and abutting on any
street, alley, or right-of-way in which there are now located public sewers, may not fix their
septic systems in any way, and connection to the public sewer is hereby required, at the owner's
expense; owners are required to install suitable sanitary facilities therein and to connect such
facilities directly with the proper public sewer, in accordance with the provisions of this chapter,
provided that said public sewer is within 500 feet of the property line.
https://ecode360.com/38731729
And the Town of Fishkill to 1000 feet:
§ 118-4
Sanitary requirements.
The owner of all houses, buildings or property used for human occupancy, employment,
recreation or other similar purposes, situated within the Town and abutting on any street, alley
or right-of-way, in which there is now located or may in the future be located a public sewer of
the Town, is hereby required, at his expense, to install suitable toilets and facilities therein and to
connect such facilities directly with the proper public sewer in accordance with the provisions of
this chapter within 90 days after the date of official notice to do so, provided that said public
sewer is within 1,000 feet of the property line.
https://ecode360.com/10586645#10586645
The Town of Huntington may require connections at greater than 100 feet for non-residential properties,
or to prevent health hazards or water contamination.
§ 164-4
Connection with public sewer required.
A. Requirement. The owner of property, improved or otherwise, used for human occupancy,
employment, recreation or other purposes, situated within the district and abutting on any
street, alley or right-of-way in which there is now, or may be in the future, located a public sewer
of the district, is hereby required at the owner's expense to install suitable sanitary facilities
therein and to connect such facilities directly with the proper public sewer in accordance with
the provisions of this chapter within ninety (90) days after the date of official notice to do so,
provided that said public sewer is one hundred (100) feet [thirty and five-tenths (30.5) meters]
of the property line.
B. Waiver. If the public sewer line is greater than one hundred (100) feet [thirty and five-tenths
(30.5) meters] from a property line or the elevation of the property requires the installation of a
pump station to transport the sewage to district lines, the requirement to connect may be
waived if the district determines that it would cause an undue financial hardship to the property
owner.
C. Exceptional circumstances. Where the building is other than a single-family residence or
where the district determines that installation of a private sewage disposal system may create a
health hazard and/or contaminate ground- or surface waters, the district may require connection
of the building to the public sewer regardless of distance or topography.
https://ecode360.com/7226934
Game Farm Rd
rr
Sheffield Rd
a
Krums Corners Rd Iradell Rd Hayts Rd Hanshaw Rd
a r
Game Farm Rd
r
Sheffield Rd Iradell Rd Hayts Rd Hanshaw Rd
Town of Ithaca Areas Within
1500 Feet of a Gravity Sewer Main
96 89 13
13
34
13
96
79 89 366
79
79 366
96 B
13 A
13 79
34
96
327
13 34 96 B
Map prepared by Town of Ithaca Engineering, November 30, 2023. W
DEPARTMENT OF PLANNING
215 N. Tioga St 14850
607.273.1747
www.town.ithaca.ny.us
TO: PLANNING COMMITTEE MEMBERS
FROM: MICHAEL SMITH, SENIOR PLANNER
DATE: JANUARY 11, 2024
RE: AGRICULTURAL CONSERVATION EASEMENT – APPRAISALS
- C. DENISE SCOTT-POKORNEY (282 HAYTS ROAD)
- JULIA P. HOLMES (HAYTS / SHEFFIELD / BUNDY ROADS)
As you know, in March 2023 the Planning Committee reviewed two new applications (Pokorney
& Holmes) to potentially participate in the Town’s Agricultural Land Preservation Program. The
Planning Committee reviewed the applications along with materials provided by Planning Staff
and made a recommendation to the Town Board that formal appraisals be prepared for the
properties. In April 2023 the Town Board authorized the hiring of North East Appraisal &
Management Co. Inc. to prepare the appraisals.
As you can see from the attached appraisals, the cost of the agricultural conservation easement
for the Holmes property is $260,000 and the cost for the Pokorney easement is $127,000. If the
Town decides to move forward with either or both of the easements, the funds will most likely
come from the Town’s Open Space Reserve Account. This account currently has a balance of
approximately $1,100,000.
In reviewing the appraisals, the Planning Committee will need to consider if the Town should
move forward with either or both easements and potentially make a recommendation to the
Town Board. Assuming the landowners are comfortable with the appraisals and still want to
move forward, the next step would be to draft a purchase offer and start drafting the easement
language and a preliminary site plan for each property. The Town would also have to authorize
a survey of each property, which would include use areas designated in the easement.
I will provide copies of the appraisals to the landowners.
Attached is an updated location map with a new aerial image from spring 2023. Please let me
know if you have any questions prior to the meeting.
Town of Ithaca - Agricultural Purchase of Development Rights
Pokorney & Holmes Properties
Location Map
FLLT Ag Pokorney
Easement Town Ag
Easement
Holmes
Map Produced January 11, 2024
FLLT Ag
Easement
0 250
8
Feet
500 1,000
Aerial Image Taken Spring 2023 NYS ITS Geospatial Services Sheffield Rd