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HomeMy WebLinkAboutTB Packet 2017-07-10 tl t�A Meeting of the Ithaca Town Board Monday,July 10, 2017 at 5:30 p.m. 215 North Tioga Street, Ithaca,NY 14850 Agenda 1. Call to order and pledge of Allegiance 2. Persons to be Heard and Board Comments 3. 5:30 p.m. Public Hearing regarding a proposed local law to override the tax levy limit established in General Municipal Law Sec 3-c for 2018 Consider adoption 4. Discuss project on Route 96, formerly Holochuck (See Attachment#1) 5. Discuss changes and set a public hearing regarding a Proposed Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" 6. Discuss and consider setting a public hearing - Public Interest Order—regarding a proposed Water Improvement for the Town of Ithaca to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation and establishing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area 7. Continue discussion regarding proposed legislation of two-family residences including a rental registry 8. Discuss and consider setting a public hearing regarding a Local Law to Extend the Moratorium on New Two-family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-family Dwelling through October 31, 2017 9. Discuss and consider approval and authorization to sign the revised Southern Cayuga Lake Intermunicipal Water Commission Agreement(Bolton Point) 10. Discuss and consider authorization for the Town Supervisor to sign an agreement with EdR Trust for the payment of an additional Code Officer associated with Maplewood project 11. Establish a Deer Management Committee 12. Establish a Short Term Rental Committee 13. Consider Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify appointment of Distribution Manager—Bolton Point 14. Report of Town Officials/ Town Committees and Intermunicipal Organizations 15. Review of Correspondence 16. Consider Adjournment Town of Ithaca Public Hearing The Town Board of the Town of Ithaca will hold a Public Hearing on July 10, 2017 at 5:30 p.m. regarding adoption of a local law to override the tax levy limit established in General Municipal Law §3-c, for the fiscal year beginning January 1, 2018 and ending December 31, 2018, at which time all people interested in speaking for or against the proposed local law shall be heard. Paulette Rosa Town Clerk July 1, 2017 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: 0 ADVERTISEMENT/NOTICE 0 NOTICE OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL 0 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Local Law to Override Tax Levy Limit Location of Sign Board Used for Posting: TOWN of ITHACA Town Clerk's Office PUBLIC HEARING The Town eaard of the 215 North Tioga Street Town of Ithaca will hold a Public Hearing on July l0, Ithaca, NY 14850 2017 at 5:30 p.m- regarding adoption of a local law to Override the tax levy limit established in General Mu- Town website at www.town.ithaca.nVAIS nicipal raw 33 for the fis- cal Year beginning January T, 2018 and ending ❑ecem- ber 31, 2018, at which time all people interested In spppeaking for or against tha Date of Posting: 6/30/2017 h'aPd sed local law shall be Date of Publication: 7/1/2017 Paulette Rasa Town Clerk _ 7/t/1 JOY 1.2017 �oua�ssssur Deputy Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS.- TOWN S:TOWN OF ITHACA) Sworn_ o and subscribed before me this rJ`�'�day of 1�_ 2017. liklary Public i Debra DeAugistlne Notary PDYC,-State of New York 1,10-01DEel48035 - - puallHed in Tompkins County My Commission Expires June 19,20� Agenda Item #3 MEETING OF THE ITHACA TOWN BOARD Monday,July 11,2016 TB Resolution 2017-xxx: Adopting a Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-c WHEREAS, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and WHEREAS, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and WHEREAS, at its meeting on June 13, 2016, the Town Board of the Town of Ithaca reviewed and discussed a proposed local law to override the tax levy limit and adopted a resolution for a public hearing to be held by said Town on July 11, 2016 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus this action is not subject to review under SEQRA. Now,therefore, be it RESOLVED, that the Town Board hereby adopts Local Law 7 of 2016 entitled"A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C", and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: Ayes - Agenda Item #3 TOWN OF ITHACA LOCAL LAW NO. FOR THE YEAR 2016 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ithaca, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ithaca, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2017 and ending December 31, 2017 that requires a real property tax levy in excess of the "tax levy limit' as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Ithaca, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. Agenda Item #5 MEETING OF THE ITHACA TOWN BOARD Monday,July 10, 2017 TB Resolution 2017-xxx: Setting a Public Hearing Regarding a Proposed Local Law Adding Art Mural Provisions to Town Code Chapter 270,"Zoning" The Town Board of the Town of Ithaca will hold a Public Hearing on August 7,2017 at 6: 00 p.m. regarding adoption of a Proposed Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning," at which time all people interested in speaking for or against the proposed local law shall be heard. Moved: Seconded: Vote: Agenda Item #5 TOWN OF ITHACA LOCAL LAW OF THE YEAR 2017 A LOCAL LAW ADDING ART MURAL PROVISIONS TO TOWN CODE CHAPTER 270, "ZONING" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270, "Zoning," of the Town of Ithaca Code, is amended by adding new Article XXX, "Art Murals," as follows: "ARTICLE XXX ART MURALS § 270-264. Purpose. § 270-265 Allowed art murals. § 270-266 Prohibited art murals. § 270-267 Art mural permit. § 270-268 Alternate requirements and procedures. § 270-264. Purpose. The purpose of this article and the policy of the Town of Ithaca is to permit and encourage art murals on a content-neutral basis on certain terms and conditions. Art murals comprise a unique medium of expression which serves the public interest. Art murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; and community building through the presence of and identification with original works of art. Murals can increase community identity and foster a sense of place if they are located at heights and scales visible to pedestrians and are retained for longer periods of time. § 270-265. Allowed art murals. Art Murals that meet all of the following criteria, and which are not prohibited by § 270-266 below, will be allowed as accessory structures in all zoning districts upon satisfaction of the applicable permit requirements: A. No part of the art mural shall exceed 30 feet in height, from the bottom of the mural to the top of the mural. B. The art mural shall not extend more than 6 inches from the wall upon which it is tiled or painted or to which it is affixed. 1 C. The art mural shall remain in place, without alterations, for a period of three years, except as described below. The applicant shall certify in the permit application that the applicant agrees to maintain the art mural in place for a period of three years without alteration. The following shall not constitute "alteration" of the art mural within the meaning of this article: (1) Naturally occurring changes to the art mural caused by exposure to the elements or the passage of time; (2) Minor changes to the art mural which result from its maintenance or repair. Such minor changes include slight and unintended deviations from the original image, colors or materials that occur when the art mural is repaired due to the passage of time, or as a result of vandalism such as graffiti. D. The art mural shall not be internally or externally lit. § 270-266. Prohibited art murals. The following are prohibited: A. Art murals on any historic building that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places. B. Art murals in a public right-of-way. C. Art murals for which compensation is given or received for the display of the art mural or for the right to place the art mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the art mural or the right to place the art mural on the property. For the purposes of this article, compensation" shall mean the exchange of something of value. It includes, without limitation, money,securities, real property interest,barter of goods or services,promise of future payment, or forbearance of debt. "Compensation" does not include: (1) Goodwill; or (2) An exchange of value that a building owner(or leaseholder with a right to possession of the wall upon which the art mural is to be placed)provides to an artist, muralist or other entity where the compensation is only for the creation and/or maintenance of the art mural on behalf of the building owner or leaseholder, and the building owner or leaseholder fully controls the content of the art mural. D. Art murals which would result in a property becoming out of compliance with the provisions of Chapter 270, Zoning, or with conditions of approval imposed by the Planning Board or Zoning Board of Appeals for the development or lot on which the art mural is to be located. E. Art murals that contain moving or mechanical components. 2 § 270-267. Art mural permit. A. No art mural shall be erected or altered, unless and until an art mural permit for such work has been obtained. No art mural permit is necessary for maintenance or repair of such a mural,provided the art mural is reinstalled in the same location, and its dimensions, height, and design remain unchanged. B. Applications for art mural permits, on forms provided by the Town, shall be submitted to the Code Enforcement Officer. C. Applications shall have attached thereto the following information and material: (1) Application fee as set from time to time by Town Board resolution. (2) Information as listed on the application form. (3) Drawings at an appropriate scale that adequately show the dimensions,height and design of the art mural, details of any illumination sources, and placement of the art mural relative to the building on which it is located. D. The Code Enforcement Officer shall issue a permit within 30 days after: (1) Receipt of a complete application, if the proposed art mural is in conformance with all requirements of this article and does not require action by the Planning Board or Zoning Board of Appeals, or (2) Receipt of a complete application and any necessary approvals and/or variances by the Planning Board and Zoning Board of Appeals, if the proposed art mural complies with all Planning Board and Zoning Board of Appeals approvals and/or variances and with all requirements of this article that have not been waived by the Zoning Board of Appeals. E. If an art mural authorized by a permit is not completed and in place within one year, said permit will expire. F. The Code Enforcement Officer shall issue a Certificate of Compliance for any art mural upon completion of the art mural installation or alteration in compliance with its permit and any Planning Board or Zoning Board of Appeals approvals. § 270-268. Alternate requirements and procedures. Even though art murals are not signs, a building owner(or leaseholder with a right to possession of the wall upon which the art mural is to be placed)may at its option have the requirements and procedures of Article XXIX, Signs, apply to a proposed art mural that does not meet one or more requirements of this Article XXX,Art Murals. The building owner or leaseholder must notify the Department of Code Enforcement in writing that it wishes to utilize this option at least 45 days prior to installation of the art mural. The art mural will thereafter be subject to all of the requirements of, and procedures in, Article XXIX, Signs, instead of those in Article XXX, Art Murals." 3 Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 4 Agenda Item #6 MEETING OF THE ITHACA TOWN BOARD July 10, 2017 at 5:30 p.m. 215 N. Tioga St., Ithaca,NY Tompkins County TB Resolution No. 2017-xxx: Order Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County,New York, pursuant to Article 12-C of the Town Law,to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement, and establishing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area Present: Moved: Seconded: Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement, (the "Improvement'), to provide such water Improvement to the present Town water system, such water system Improvement to be constructed and owned by the Town of Ithaca; to serve a benefitted area in said Town to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area(the "Water Improvement Area"); and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof, and Whereas, the area of said Town determined to be benefited by said Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and Whereas, the Improvement proposed in connection with the establishment of the Water Improvement Area consists of the installation of approximately 4,000 LF of 12" and 10" water main, beginning in the area of the intersection of Pine Tree Road/Ellis Hollow Road and ending at the new tank location on Hungerford Hill Road, a glass lined Water storage tank, of approximately 600,000 gallons, located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hill Road/Ellis Hollow Road intersection and the modification/reconstruction of a Control Building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, the design and preparation of construction documents for said infrastructure, and other related ancillary facilities, at an 1 initially determined maximum estimated cost to said Water Improvement Area of $2,750,000.00 and Whereas, said $2,750,000 maximum estimated cost, which is the cost of the project, shall be authorized to be financed, at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of a bond anticipation note, the issuance of serial bonds with a maximum maturity not in excess of the forty (40) year period prescribed by the Local Finance Law, or directly by the issuance of such bonds; and Whereas, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 7th day of August, 2017, at 5:30 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid Improvement to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: 2 The Order was thereupon declared duly adopted. 3 Proposed Town of Ithaca Legislation Agenda Item #7 Summary Sheet Proposed Legislation#1: Accessory Dwelling Units- Owner occupancy requirements and modification of sizing and placement requirements. What is an accessory dwelling unit(ADU Sometimes referred to as an accessory apartment,secondary unit, in-law unit, or granny flat, these are smaller,secondary dwelling units located on a single-family lot that function independently of the primary unit,with a separate kitchen,living area,and entrance. What are the current regulations pertaining to ADUs? An ADU is allowed as an attached unit to the primary house in all residential zones in the Town. An ADU cannot be larger than 50% of the floor area of the primary house (excluding the basement area). Where the ADU is constructed entirely with the basement area, it may exceed 50% of the floor area of the primary house. With special approval from the Zoning Board of Appeals,an ADU can also be constructed as part of an accessory structure,such as a garage,barn, or carriage house. What is the issue and why is legislation needed? Accessory apartments were originally envisioned as a way for a homeowner to care for a relative,such as an aging parent, or as a means to supplement income from renting the ADU to offset a mortgage,taxes, or other costs of home ownership. Today,given Ithaca's lucrative student housing market,some developer/property owners are taking advantage of the Town's ADU provisions and building structures with two dwelling units as student rentals in traditional single-family neighborhoods. The current ADU size threshold has had the unintended consequence of promoting the development of some atypically large structures with full-sized (primary-unit-sized)ADUs. It has also resulted in the development of structures with equally-sized primary and ADU dwellings (by constructing the ADU in the basement), in zones where conventional duplexes are not currently allowed. What are the proposed regulations pertaining to ADUs? In all residential zones other than High Density, new ADUs must comply with owner occupancy requirements.The owner must reside in either the primary or ADU unit. This applies to an ADU constructed as part of a new home or a new ADU constructed within an existing home or accessory structure. Existing homes and properties already having an ADU will be unaffected. The owner occupancy requirements will not apply to these pre-existing ADUs in the future, even if the property is sold, or ownership is transferred. (Vote: The ADU must be legally recognized either through building permit records and/or Tompkins County Assessment records. New ADUs will be limited to 800 square feet in size,and must be a minimum of 300 square feet. New ADUs may be detached from a primary dwelling or an accessory structure (i.e.garage) in certain locations and under certain circumstances. Proposed Town of Ithaca Legislation Summary Sheet Proposed Legislation#2 Establishing a Town of Ithaca Residential Rental Operating Permit Requirement What is an Operating Permit? The Town of Ithaca will be requiring an Operating Permit for residential rental properties. Requiring an Operating Permit will achieve the same result as a rental registry,a program/tool used by many communities where rental housing is a dominant factor, and make sure that the rental unit meets basic health and safety standards. Property owners/landlords will apply for an Operating Permit with the Town every 3-5 years,at which time the property would be subject to inspection. The permit requirement will apply to all rented single-family homes and to all accessory dwelling units/apartments,whether rented or not. Why does the Town need a rental permit program? About 50% of the housing units in the Town are rental units. Having a permit program is intended to ensure that rental housing is maintained in a safe condition and is also not subject to overcrowding. The current system for code enforcement has proven ineffective because it leaves tenants vulnerable to retaliation when they report problems. A permit program would ensure that all rental units meet basic health,safety and occupancy standards by requiring regular inspections of rental homes. How would a rental permit program work in the Town of Ithaca? A permit program would be administered by the Town. Landlords/property owners would be required to apply for a permit for their rental property and schedule an inspection. Once a property passes inspection it would receive an Operating Permit which will allow the landlord/property owner to rent the property and which will be valid for a dedicated number of years unless revoked. The permit will be available for current and prospective tenants to see. Do other communities have a Permit/Rental Registry program? The City of Ithaca has had such a program for many years. Other communities with similar systems include Binghamton, Elmira,Canandaigua,and Syracuse. The City of Auburn is currently considering a program. Agenda Item #8 MEETING OF THE ITHACA TOWN BOARD Monday,July 10, 2017 TB Resolution 2017-xxx: Setting a Public Hearing Regarding a Proposed Local Law Extending the Moratorium on New Two-family Dwellings,and on the Addition of a Second Dwelling Unit to an Existing One-family Dwelling,through October 31, 2017 Resolved, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 24th day of July, 2017 at 4:30 p.m. for the purpose of considering a proposed local law Extending the Moratorium on New Two-family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-family Dwelling, through October 31, 2017,and be it further Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further Resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Seconded: Vote: Ayes — Agenda Item #8 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW EXTENDING THE MORATORIUM ON NEW TWO-FAMILY DWELLINGS,AND ON THE ADDITION OF A SECOND DWELLING UNIT TO AN EXISTING ONE-FAMILY DWELLING, THROUGH OCTOBER 31,2017 Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The Town Board of the Town of Ithaca adopted Local Law No. 5 of the Year 2016, entitled "A Local Law Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, for a Period of Two Hundred Seventy(270) Days,"which local law became effective on May 13, 2016, and expired on February 6, 2017. B. On February 2, 2017, the Town Board adopted Local Law No. 2 of the Year 2017 entitled "A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31, 2017,"which expires on July 31, 2017. C. The Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings. D. The Town Board anticipates that its review, study and consideration of these issues can be completed, and legislation can be drafted and properly adopted by October 31, 2017. E. The Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation. F. Extension of the moratorium until October 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation. Section 2. Local Law No. 5 of the Year 2016 is hereby amended as follows: A. Section 1.K is amended to read as follows: Pg. 1 "K. It is anticipated that the Town Board's review, study and consideration of these issues can be completed by October 31, 2017, and that legislation, if needed, can be drafted and properly adopted within that timeframe." B. The first sentence of Section 2 is amended to read as follows: "Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through October 31, 2017, prohibiting each of the following actions within all zones in the Town of Ithaca except the High Density Residential Zones, regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder:" The rest of Section 2 (paragraphs A-D)remains unchanged. C. Section 7 is revised to read as follows: "Section 7. Term. This local law shall be in effect through October 31, 2017, provided, however, that the Penalties section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law." Section 3. Any provision of Local Law No. 5 of the Year 2016 not amended herein remains in full force and effect. Section 4. Validity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State. Pg. 2 Agenda Item #10 MEETING OF THE ITHACA TOWN BOARD Monday, July 10, 2017 TB Resolution No. 2017-xxx: Authorizing the Town Supervisor to Execute an Agreement with EdR Maplewood LLC for Inspection Services Whereas, the Town has requested additional financial assistance from the developers of the new Maplewood Apartments project because the volume of building inspections that will be required by the project are much more than will be paid for by the building permit fees received from the developer, and Whereas, the Town hired two new Code Enforcement Officers in February 2017 so that it would have enough personnel to handle all of the Maplewood inspections, Now therefore be it Resolved that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to execute on behalf of the Town the Construction Inspection Agreement Maplewood Apartments with EdR Maplewood LLC, subject to approval from the attorney for the Town. Moved: Seconded: Vote: TOWN OF ITHACA Agenda Item #10 CONSTRUCTION INSPECTION AGREEMENT MAPLEWOOD APARTMENTS Unless provided otherwise in Town laws, ordinances or regulations applicable to the Maplewood Apartment Project (the "Project"), the Town and the Developer agree as follows: 1. The Town Director of Code Enforcement and Zoning (Director) has been authorized by the Town to provide project inspectors for the Project to ascertain that construction of the Project is equal to or exceeds the minimum construction standards required by the New York State Uniform Fire Prevention and Building Code and the Code of the Town of Ithaca (the "Requirements"). The project inspectors shall act as representatives of the Town and shall be responsible for ensuring that all work is in conformance with the Requirements. The Town Director or his designee shall have the responsibility to authorize any deviations from the Requirements, applicable policies or from the approved plans and/or construction drawings. The project inspectors have the authority to reject defective or inferior materials or workmanship and work which is not fully in conformance with the Requirements. The project inspectors are not authorized to alter provisions of the Requirements or to issue instructions contrary to the Requirements or to make any changes in the work without the consent of the Town Director or his designee. 2. When the Town determines a structure has met the applicable Requirements for issuance of a Certificate of Occupancy, the Town shall issue a Certificate of Occupancy for that structure. 3. As consideration for the Town's agreement to provide project inspectors who will give reasonable priority to the Project to assure prompt inspections, Developer shall pay an inspection fee of up to Two Hundred Thousand Dollars and 00/100 (the "Inspection Fee") payable in the amount of Fifty Thousand Dollars and 00/100 ($50,000.00) per calendar quarter (i.e., every three months) on the first day of such quarter, beginning in the first quarter after the first building permit is issued for the Project and ceasing after the quarter in which the final Certificate of Occupancy is awarded. The fee for any partial quarter at the end of the Project shall be prorated. Notwithstanding the foregoing, the first payment is due by July , 2017, not July 1. 4. The project inspectors will not provide services for the Project outside of their regular work schedules (which schedules are described in paragraph 5 below), except as provided by this paragraph 4. Developer's requests for Project inspection services on Town-observed holidays will be considered upon advance notification of a minimum of five (5) working days prior to the anticipated date of the requested services. Developer's requests for Project inspection services on Saturdays must be received by the Town by 3:00 p.m. on the Thursday preceding. Developer's requests for Project inspection services past4:30 p.m. on a w e e k d a y shall be made to the D i r e c o r by 12:00 p.m. (noon) of that day. The Director has sole discretion to grant or deny the requests, depending on inspector availability during the requested time period(s). The Developer may perform work outside of inspectors' regular work schedules only as permitted by Town laws, Planning Board resolution, or written permission of the Director. Work and Project inspection services on Sundays will not occur under any circumstance. 5. The project inspectors' regular work schedule consists of an eight-hour work day, 8:00 1 a.m. to 4:30 p.m. (one half hour off for lunch), Monday through Friday. The Inspection Fee does not include the cost of inspections outside of the inspectors' regular work schedules. The Developer is responsible for providing compensation to the Town for all inspection services that occur outside of the Project inspectors' regular work schedule, pursuant to the fee schedule the Town Board has established and may amend from time to time. The Developer shall pay such compensation within 30 days of receipt of the Town's billing for same.The Town will not issue any pending final Certificates of Occupancy while a bill for such compensation is outstanding. 6. If any provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 7. Interpretation of this Agreement and disputes arising out of or related to this Agreement will be subject to and governed by the laws of the State of New York. Jurisdiction and venue for any suit arising out of or related to this Agreement will be in the district or state courts serving Tompkins County, New York. 8. In executing this Agreement, the Developer represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and has the necessary corporate approvals to execute this Agreement, and perform the obligations described herein. 9. The provisions of this Agreement shall bind the Developer, its partners, successors, executors, administrators, and assigns. 10. This Agreement shall be effective as of June_, 2017. IN WITNESS WHEREOF, the Developer and the Town have signed this Agreement this day of June, 2017. EDR MAPLEWOOD LLC [Is this the correct entity?] By: Name: Title: TOWN OF ITHACA By: Name: William D. Goodman Title: Supervisor 2 MEETING OF THE ITHACA TOWN BOARD Agenda Item #13b Monday,July 10,2017 TB Resolution No. 2017-xxxb: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 830 - 889 General Fund Townwide 33,821.07 General Fund Part-Town 13,615.97 Highway Fund Part-Town 24,821.76 Highway Reserves Account Water Fund 17,887.15 Sewer Fund 297,383.01 Gateway Trail—H8 Trumansburg Water Tank Repl—H9 Park Lane Water Main Improv —Hl l Sapsucker Woods Water Main—H12 Christopher Circle Water Main—H 13 Pine Tree Road Pedest Bridge —H5 Risk Retention Fund 155.16 Fire Protection Fund Forest Home Lighting District 36.61 Glenside Lighting District 10.93 Renwick Heights Lighting District 18.89 Eastwood Commons Lighting District 25.58 Clover Lane Lighting District 3.42 Winner's Circle Lighting District 5.11 Burleigh Drive Lighting District 11.9 West Haven Road Lighting District 47.29 Coddington Road Lighting District 27.52 Trust and Agency 1,368.00 Expendable Trust—Inlet Cemetery Debt Service TOTAL 389,239.37 Moved: Seconded: Vote: Agenda Item #13c MEETING OF THE ITHACA TOWN BOARD Monday, TB Resolution No. 2017-XXXX: Bolton Point Abstract WHEREAS, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 252-289 Check Numbers: 17181-17218 Capital Impr/ReplProject $ 1,512.08 Operating Fund $ 62 987.67 TOTAL $ 64,499.75 Less Prepaid $ 18,931.04 TOTAL $ 45,568.71 Moved: Seconded: Vote: Agenda Item #13d MEETING OF THE ITHACA TOWN BOARD Monday,July 10, 2017 TB Resolution No. 2017-xxxd: Appointment of Distribution Manager at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on July 6, 2017, provisionally promotionally appointed Gregg Weatherby, Assistant Distribution Manager, as the Distribution Manager, effective August 6, 2017; now, therefore,be it Resolved, that the Town of Ithaca does hereby ratify the Commission's provisional appointment of Gregg Weatherby,Assistant Distribution Manager, as the Distribution Manager, effective August 6, 2017, at an annual salary of$72,550, in Job Classification `9', with full time benefits including a Commission vehicle for commuting and emergency response purposes; and, be it further RESOLVED, the said appointment is a provisional promotional appointment pending a promotional civil service exam for Distribution Manager. Moved: Seconded: Vote: C O V O O O L? 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Tioga Street Ithaca, NY 14850 Certificates Issued From: 6/1/2017 To: 6/30/2017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2017-0224 6/1/2017 CC 28.-1-26.85 306 RACHEL CARSON TRA MKELLY ISSUED 2016-0451 6/1/2017 CC 52.-2-1 120 Northview Rd MKELLY ISSUED 2017-0257 6/2/2017 CC 56.-2-1.1 1551 Slaterville Rd BBATES ISSUED 2017-0152 6/2/2017 CC 72.-1-1.114 310 Winthrop Dr MSTONIER ISSUED 2017-0229 6/2/2017 CC 70.-2-3 301 Muriel St MSTONIER ISSUED 2017-0215 6/2/2017 CC 62.-2-1.123 381 Pine Tree Rd BBATES ISSUED 2017-0216 6/2/2017 CC 62.-2-1.123 381 Pine Tree Rd BBATES ISSUED 2017-0214 6/2/2017 CC - Elect 62.-2-1.123 381 Pine Tree Rd BBATES ISSUED 2017-0163 6/5/2017 CO 60.1-1-21.3 321 Strawberry Hill Cir MMOSELEY ISSUED 2017-0238 6/5/2017 CC 66.-5-3 124 Judd Falls Rd MSTONIER ISSUED 2017-0134 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2016-0505 6/6/2017 CC 70.-10-1.27 115 Birchwood Dr DMAGNUSO ISSUED 2017-0136 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2017-0115 6/6/2017 CC 36.-1-4.5 1150 Danby Rd SWILLIAMS ISSUED 2017-0133 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2017-0135 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2017-0218 6/7/2017 CC 56.-3-13.25 9 John St MSTONIER ISSUED 2017-0144 6/7/2017 CC 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED 2017-0239 6/9/2017 CC 61.-1-8.13 212 Snyder Hill Rd MSTONIER ISSUED 2017-0236 6/12/2017 CC 24.-5-3.2 255 Hayts Rd DMAGNUSO ISSUED 2017-0008 6/13/2017 CC 43.-2-10 203 Tibet Dr DMAGNUSO ISSUED 2017-0007 6/13/2017 CC 43.-2-10 207 TIBET DR DMAGNUSO ISSUED 2017-0158 6/16/2017 CC 63.-2-10.2 201 Maple Ave MSTONIER ISSUED 2016-0354 6/19/2017 CO 44.-1-93 165 Whitetail Dr DMAGNUSO ISSUED 2016-0303 6/19/2017 CC 44.-1-93 165 Whitetail Dr DMAGNUSO ISSUED 2017-0254 6/20/2017 CC 48.-1-14.61 803 CODDINGTON ROAD MKELLY ISSUED 2017-0153 6/20/2017 CC 44.-2-6 153 King Rd E MSTONIER ISSUED 2017-0302 6/21/2017 CC 65.-1-5.2 528 Plantations Rd MMOSELEY ISSUED Page 1 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From: 6/1/2017 To: 6/30/2017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2017-0295 6/21/2017 CC 65.-1-5.2 528 Plantations Rd MMOSELEY ISSUED 2017-0307 6/21/2017 CC 65.-1-5.2 528 Plantations Rd MMOSELEY ISSUED 2017-0308 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0297 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0299 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0298 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0283 6/21/2017 CC 63.-1-8.1 161 Synchrotron Dr MMOSELEY ISSUED 2017-0282 6/21/2017 CC 63.-1-8.1 161 Synchrotron Dr MMOSELEY ISSUED 2017-0300 6/21/2017 CC 71.-6-1 1101 HANSHAW RD MSTONIER ISSUED 2015-0357 6/21/2017 CO 36.-2-18 1151 Danby Rd MKELLY ISSUED 2017-0332 6/23/2017 CC 72.-1-1.159 139 Simsbury Dr MSTONIER ISSUED 2017-0167 6/23/2017 CO 60.1-1-12.2 240-3 Strawberry Hill Cir MMOSELEY ISSUED 2017-0272 6/26/2017 CC 56.-2-1.1 1551 Slaterville Rd BBATES ISSUED 2017-0296 6/26/2017 CC 70.-11-42 1402 HANSHAW ROAD MKELLY ISSUED 2017-0249 6/27/2017 CC 68.-1-9 213-215 Warren Rd BBATES ISSUED 2015-0360 6/27/2017 CC 36.-2-18 1151 Danby MKELLY ISSUED 9962 6/27/2017 CO 71.-1-70 303 BLACKSTONE AVENUE MKELLY ISSUED 2017-0323 6/27/2017 CO 58.-2-30 1450 Slaterville Rd DMAGNUSO ISSUED 2017-0329 6/28/2017 CC 29.-2-2 116 Valley View Rd MSTONIER ISSUED 2016-0529 6/28/2017 CO 60.-1-7 957 Mitchell St DMAGNUSO ISSUED 2017-0103 6/29/2017 CC 70.-10-3.12 108 Sapsucker Woods Road MKELLY ISSUED Page 2 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Type and Status From: 6/1/2017 To: 6/30/2017 Certificate Type Certificate Status Count CC 41 CC - Electrical Only 1 CO 7 Total: 49 ISSUED 49 Page 3 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 6/1/2017 To: 6/30/2017 Date Type Tax Parcel # Legal Address Disposition 6/5/2017 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Key fob located in the knox box next to the SW entrance door will not open door. 6/7/2017 BUILDING WITHOUT A PER 33.-2-3.42 124 Seven Mile Dr CLOSED Desc: Person called in to report Tracie Sheldrake Evans is turning her garage in to an apartment w/o a building permit. 6/12/2017 FIRE SAFETY VIOLATIONS 43.-2-2.2 1103 Danby Rd CLOSED Desc: Sprinkler pipe brake. System is COS 6/12/2017 FIRE SAFETY VIOLATIONS 904 East Shore Dr CLOSED Desc: IFD responded to fire alarm in the board room 6/12/2017 FIRE SAFETY VIOLATIONS 103 Bundy Rd CLOSED Desc: Responded to unoccupied Bldg B for a fire alarm. FAP indicated attic heat detector. 6/13/2017 FIRE SAFETY VIOLATIONS 131/133 Bella Vista Cir CLOSED Desc: IFD responded to a fire alarm at residence. Activated detector located in attic space. 6/13/2017 BUILDING WITHOUT A PER 54.-7-46 223 Coddington Rd OPEN Desc: Stopped by 223 Coddington and knocked on the door. The back deck appeared to be new, which can be seen from Coddington Road. No one came to the door, so I left my Town business card to have them call us. 6/19/2017 LOCAL LAW 58.-1-5 1335 Slaterville Rd OPEN Desc: It appears that this is a rental property since both owners live off site. There are numerous cars parked here, neighbors suspect it is student housing but it is a single family home. 6/21/2017 GRASS 58.-1-5 1335 Slaterville Rd UNFOUNDED Desc: Neighbor concerned that the grass is approx. 3 ft high and may cause rodents in the area. 6/21/2017 LOCAL LAW 58.-1-5 1335 Slaterville Rd OPEN Desc: Property listed as a single-family residence, during the school year there are approx. 7 cars there every night and more on the weekend. Vehicles park in the lawn and on the hwy. 6/22/2017 OTHER 63.-2-10.2 201 Maple Ave CLOSED Desc: The owner of the flower shop on Mitchell Street, French Lavender, called and left a message that she was not happy with the construction activities pertaining to Maplewood redevelopment. She indicated that sub contractors were being disrespectful to her and parking in her parking lot. When she asked them to move their vehicle they then parked it right in front of her door (health consultants on behalf of Page 1 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 6/1/2017 To: 6/30/2017 Date Type Tax Parcel # Legal Address Disposition NYSEG). Then another subcontractor (TG Miller) parked in the mouth of her driveway and blocked access. Then her and her neighbors mailbox were blocked and they could not get mail. She asked how long the road would be in this condition. I noted that there would be water service interruption and she asked when and for how long. She is aware that the construction needs to happen, but would like more communication and less direct impact on her business. I called Art Thompson and explained what was happening to the owner and all of the questions that were asked of me. Art indicated that he or someone from his team would personally stop by today (6/22) and talk with the owner about the impact on her parking lot and any of her questions. Art stated that he knew the owner personally. I called Monique Morse and stated that Art Thompson knew her, but she could not recall who he was, and someone from his organization would stop by to answer any questions and listen to her issues. I told her that if she did not see someone by the end of today to call me back and I would then contact Art again. Also I suggested that she call Tompkins County Highway and let them know of the issues, since they issued the permit. I provided the phone number and suggested to ask for Carl Martel. 6/22/2017 NYS BUILDING CODE 54.-5-26 180 Kendall Ave OPEN Desc: Failed to renew permit 2016-0167 6/22/2017 BUILDING WITHOUT A PER 122 Ithaca Beer Dr OPEN Desc: IFD was conducting a fire safety reinspection and Ithaca Beer was finishing the installation of a huge cooler and they didn't have any sprinkler heads inside which are required by NFPA 13-2013 edition and Town of Ithaca Code Section 225-4. 6/22/2017 PROPERTY MAINTENANCE 39.-1-13 1050 Danby Rd OPEN Desc: Dump site behind building, tires, couch, trash etc. spilling over into complaintants property 6/23/2017 FIRE SAFETY VIOLATIONS 200 Conifer Dr OPEN Desc: TCEC reported an almost 15 minute delay in the reporting of a fire alarm from West Fire. They will be sending an alarm tech out to look for the cause of the delay. 6/26/2017 GRASS 30.-2-7 504 Five Mile Dr OPEN Desc: Someone called regarding this property located at 504 Five Mile Dr. The individual stated that the grass is growing over and tall and that there are all types of animals are living there (grass) such as possum's and other. Page 2 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 6/1/2017 To: 6/30/2017 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 3 FIRE SAFETY VIOLATIONS 6 GRASS 2 LOCAL LAW 2 NYS BUILDING CODE 1 OTHER 1 PROPERTY MAINTENANCE 1 Total: 16 CLOSED 7 OPEN 8 UNFOUNDED 1 Page 3 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From: 6/1/2017 To: 6/30/2017 Date Type Tax Parcel # Legal Address Disposition 6/5/2017 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Key fob located in the knox box next to the SW entrance door will not open door. 6/7/2017 BUILDING WITHOUT A PER 33.-2-3.42 124 Seven Mile Dr CLOSED Desc: Person called in to report Tracie Sheldrake Evans is turning her garage in to an apartment w/o a building permit. 6/12/2017 FIRE SAFETY VIOLATIONS 43.-2-2.2 1103 Danby Rd CLOSED Desc: Sprinkler pipe brake. System is COS 6/12/2017 FIRE SAFETY VIOLATIONS 904 East Shore Dr CLOSED Desc: IFD responded to fire alarm in the board room 6/12/2017 FIRE SAFETY VIOLATIONS 103 Bundy Rd CLOSED Desc: Responded to unoccupied Bldg B for a fire alarm. FAP indicated attic heat detector. 6/13/2017 FIRE SAFETY VIOLATIONS 131/133 Bella Vista Cir CLOSED Desc: IFD responded to a fire alarm at residence. Activated detector located in attic space. 6/21/2017 GRASS 58.-1-5 1335 Slaterville Rd UNFOUNDED Desc: Neighbor concerned that the grass is approx. 3 ft high and may cause rodents in the area. 6/22/2017 OTHER 63.-2-10.2 201 Maple Ave CLOSED Desc: The owner of the flower shop on Mitchell Street, French Lavender, called and left a message that she was not happy with the construction activities pertaining to Maplewood redevelopment. She indicated that sub contractors were being disrespectful to her and parking in her parking lot. When she asked them to move their vehicle they then parked it right in front of her door (health consultants on behalf of NYSEG). Then another subcontractor (TG Miller) parked in the mouth of her driveway and blocked access. Then her and her neighbors mailbox were blocked and they could not get mail. She asked how long the road would be in this condition. I noted that there would be water service interruption and she asked when and for how long. She is aware that the construction needs to happen, but would like more communication and less direct impact on her business. I called Art Thompson and explained what was happening to the owner and all of the questions that were asked of me. Art indicated that he or someone from his team would personally stop by today (6/22) and talk with the owner about the impact on her parking lot and any of her questions. Art stated that he knew the owner personally. I called Monique Morse and stated that Art Thompson knew her, but she could not recall who he was, and someone from his organization would stop by to answer any questions and listen to her issues. I told her that if she did not see someone by the end of today to call me back and I would then contact Art again. Also I suggested that she call Tompkins County Highway and let them know of the issues, since they issued the permit. I provided the phone number and suggested to ask for Carl Martel. Page 1 of 2 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 6/1/2017 To: 6/30/2017 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 1 FIRE SAFETY VIOLATIONS 5 GRASS 1 OTHER 1 Total: 8 CLOSED 7 UNFOUNDED 1 Page 2 of 2 Attachment #1 322 Woodbridge Avenue Buffalo,New York 14214 Phone(518)250-2931 NRP Mobile C 1rr 445-0990 Email: CDirr(cilNRPGroGroup.com Website:www.NRPGroun.com P. Christopher Dirr Vice President-Development June 19, 2017 DELIVERED VIA E-MAIL: CBalestraATown.Ithaca.NY.US Christine Balestra, Planner Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Ms. Balestra: Re: Update on Ithaca Townhomes (aka Holochuck Homes Subdivision)to Town Board and Planning Board The purpose of this correspondence is to update the Ithaca Town Board regarding progress that has been made toward the construction of Ithaca Townhomes (aka Holochuck Homes Subdivision)(the "Development"). An affiliate of The NRP Group ("NRP"), on behalf of ato-be- formed entity, has contracted to purchase from Holochuck Homes LLC ("Holochuck") the property upon which the Development will be constructed. NRP is aware of the conditions enumerated in the `Final Subdivision Approval', dated 17, April 2012 ("Subdivision Approval"), and affirms its intention to comply with said conditions. NRP has carefully reviewed the SEQRA record for the Development and has furthered its plans to ensure consistency with the scope of the completed environmental review. In fact, as discussed below, in some instances we believe that we have reduced environmental impacts associated with the approved Development. NRP would like to highlight to the Town several elements of its conceptual plans, as follows: 1. It is NRP's intention to construct the improvements, and all of the townhome units, in either one or two phases, as outlined in the Subdivision Approval, and anticipates making the majority of the units available as rental units, with potential to convert to home ownership upon refinance or recapitalization at some point in the future. A benefit of this approach would be to condense the period of proposed construction activity. Relative to this approach, NRP would like approval to commence Ithaca Townhomes(Holochuck Homes Subdivision) June 19, 2017 Page 2 of 3 construction of the units simultaneous with construction of the phased infrastructure improvements with the understanding that no Certificates of Occupancy ("CO") for units would be issued until completion of the basic infrastructure improvements. 2. NRP proposes to construct and maintain the subdivision infrastructure as private facilities, and will accordingly assume responsibility for all maintenance and repair of same. 3. NRP and its design team have studied the dialogue of the Development that occurred during the prolonged subdivision approval process. We propose modification to the previously reviewed building elevations. The purpose of these modifications is to: (a) Make the buildings more attractive by responding to and incorporating local vernacular, and reflect a greater variety of building facades and unit types; (b)Reduce the building massing along the internal street to a single story structure, which provides for superior utilization of the site topography and better facilitates reduced site cut-and-fill. The reduced building height will drastically reduce the visual impression of the units from the east side of Cayuga Lake, and in conjunction with increased landscaping along the east side of the development, minimize the visual influence on West Hill; and, (c) Maintain individual driveways,but eliminate garages in an effort to reduce the building size and mass. Instead, bulk storage areas will be incorporated into each unit. 4. NRP would like to utilize an approved unit in a central location as a Clubhouse for the residents of the Development. This Clubhouse would facilitate community interaction by including: Office space for the Development Manager and Maintenance Personnel; a Community Room with kitchenette; a Conference Room / Library; Computer Lab; Re-Use Room and Tool Exchange for residents; Laundry facilities in the event residents do not have their own washers / dryers; Community Playground Area, and Community Gardens. This Clubhouse has been envisioned to serve as a "neighborhood hub" and to reduce residents need for duplication of these areas. 5. We do not believe that the contemplated modifications will have any impact on the extensive approved traffic analysis. In conjunction with the previously agreed to traffic mitigation efforts (including but not limited to the Bus Pass for each unit), we believe traffic has been exhaustively addressed, and that our plans do not modify this approval. 6. NRP affirms its intention to create a mixed-income neighborhood. As such, it confirms that it plans to make units available to households with incomes in the range of 50% AMI— 130% AMI ("Area Median Income"). We have not yet determined a unit mix breakdown. This will evolve as the Development progresses, but shall nonetheless, comply with the Subdivision Approval. Ithaca Townhomes(Holochuck Homes Subdivision) June 19, 2017 Page 3 of 3 NRP looks forward to continuing to work with the Town toward completion of this long- planned development, and is hopeful that it will be in a position to commence construction in the late Fall of 2017, or Spring 2018. I am available for any questions that arise. Thank you. Sincerely, P. Christopher Dirr Vice President—Development CC: Steven W. Hugo, AIA—Holt Architects Mark W. Parker, PE, CPESC—Keystone Associates Adam S. Walters, Esq. —Phillips Lytle, LLP Anne M. Tyler—The NRP Group LLC