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HomeMy WebLinkAboutTB Minutes 2017-06-12 $Or r? Meeting of the Ithaca Town Board F Monday,June 12, 2017 at 5:30 p.m b'I, y0 Agenda 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard and Board comments 3. 5:30 p.m. Public Hearings regarding: A Local Law Revising the Town of Ithaca's Sign Provisions by Deleting Town of Ithaca Code Chapter 221, "Signs," and By Adding Sign Provisions to and Revising Town Code Chapter 270, "Zoning" and Chapter 271, "Zoning: Special Land Use Districts" a. SEQR(combined) b. Adoption A Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" a. Adoption A Local Law Conforming Sign Requirements References in Town of Ithaca Code Chapter 125, "Building Construction and Fire Prevention," and Chapter 173, "Lighting, Outdoor" a. Adoption A Local Law Deleting Chapter 192 of the Town of Ithaca Code, 'Numbering of Buildings" a. Adoption A Local Law amending Town of Ithaca Code, Chapter 270 "Zoning"to allow limited retail sales in the Light Industrial Zone a. SEQR b. Adoption 4. Continue discussion on Deer Management Report 5. Discuss and consider setting a public hearing to override the Tax Levy Limit Established in General Municipal Law§3-C 6. Discuss Moratorium on two-family dwellings and proposed legislation 7. Discuss and consider authorization for the Supervisor to sign an agreement with Randall +West for Zoning Related Services 8. Consent Agenda a. Approval of Town Board minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratification of Appointment of General Manager e. Ratification of Provisional Appointment of Distribution Operator £ Ratification of Approval to Change Senior Account Clerk Typist to Full Time 9. Adjournment 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: Cl DVERTISEMENT/NOTICE Z-NOTICE OF PUBLIC HEARINGS / ❑ NOTICE OF ESTOPPEL ❑ NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Sign and Mural laws Location of Sign Board Used for Posting: Town of Ithaca Town Clerk's Office Hotice of Public Hearings 215 North Tio a .Street The Ithaca Town Board will g hold a meeting on lune 12, 215 N. Ithaca, NY 14850 Tiotga StTthaca.ownaNV be in- ning at 5:30 p.m. regarding proposed: Town website at www.town.ithaca.ny.us Local Law Revising the Town of Ithaca's Sign Prov,- Ithacaions by CodeletinChaptery 221• "Signs," and by Adding Sign Provisions to and Revi- sing Town Code Chapter Date of Posting: 5/23/2017 270, ,zoning" and Chapter Date of Pu ation: 6/1/2017 271, "zoning: Special Land use 1 L. Rs" i Local Law Adding Art ode ralChpr Provisions7to Town Code Local tLaw Co forminq Sign E Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Swom to and subscribed before me this 2Aday of 77_ 0y\-(2_ 2017. Notary Public 6E130RA1+KELLEY Notary Nouhl01 KE3025073TEIte 01 w York Qualified in Schuyler County commission Expires May 17, 20 The Ithaca Journal Classified Ad Receipt (For Info Only-NOT A BILL) Customer. TOWN OF ITHACA Ad No.: 0002161935 Address: 215 N TIOGA ST Pymt Method Invoice ITHACA NY 14850 Net Amt: $21.47 USA Run Times: 1 No.of Affidavits: 0 Run Dates: 06/01/17 Text of Ad: Town of Ithaca Notice of Public Hearings The Ithaca Town Board will hold a meeting on June 12, 2017 at Town Hall, 215 N. Tioga St., Ithaca, NY begin- ning at 5:30 p.m. regarding proposed: Local Law Revising the Town of Ithaca's Sign Provi- sions by Deleting Town of Ithaca Code Chapter 221, "Signs," and by Adding Sign Provisions to and Revi- sing Town Code Chapter 270, "Zoning" and Chapter 271, "Zoning: Special Land Use Districts" Local Law Adding AK Mu- ral Provisions to Town Code Chapter 270, "Zoning" Local Law Conforming Sign Requirements References in Town of Ithaca Code Chap- ter 125, "Building Construc- tion and Fire Prevention," and Chapter 173, "Light- Ing.Outdoor" Local Law Deleting Chapter 192 of the Town of Ithaca Code, "Numbering of Buil- dings" Local law amending the Town Of Ithaca Code, Chapter 270 titled "Zoning," to allow limited retail sales in the Light In- dustrial Zone at such time and place all persons Interested in the grope ad local laws may be eard. Information on any of the above can be found at www.town.1thaca.ny.us or by contacting the Town Clerk's office at 273-1721. Paulette Rosa Town Clerk 6/12017 6/12017 ��215165a1 3600 Highway 66, Neptune,NJ 07753 Town of Ithaca Notice of Public Hearings The Ithaca Town Board will hold a meeting on June 12, 2017 at Town Hall, 215 N. Tioga St., Ithaca, NY beginning at 5:30 p.m. regarding proposed: Local Law Revising the Town of Ithaca's Sign Provisions by Deleting Town of Ithaca Code Chapter 221, "Signs," and by Adding Sign Provisions to and Revising Town Code Chapter 270, "Zoning" and Chapter 271, "Zoning: Special Land Use Districts" Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" Local Law Conforming Sign Requirements References in Town of Ithaca Code Chapter 125, "Building Construction and Fire Prevention," and Chapter 173, "Lighting, Outdoor" Local Law Deleting Chapter 192 of the Town of Ithaca Code, "Numbering of Buildings" Local law amending the Town Of Ithaca Code, Chapter 270 titled "Zoning," to allow limited retail sales in the Light Industrial Zone at such time and place all persons interested in the proposed local laws may be heard. Information on any of the above can be found at www.town.ithaca.ny.us or by contacting the Town Clerk's office at 273-1721. Paulette Rosa Town Clerk 6/1/2017 Gy fT Meeting of the Ithaca Town Board Monday,June 12,2017 at 5:30 p.m. Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine (late), Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter,Director of Planning, Marty Moseley, Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town 1. Call to Order and Pledge of Allegiance Mr. Goodman opened the meeting at 5:35p.m. 2. Persons to be Heard and Board comments Deer Management Program comments from the Conservation Board members Michael Roberts,Vice Chair Mr. Roberts read a prepared statement: In front of the board is the decision to commit town resources towards a deer management program. While the case has been made on multiple occasions for a humane and safe deer culling program, it is worth bearing in mind one important fact as you consider your decision today; Our presence on the landscape has irreversibly altered the native eco system to favor an over-abundance of deer. This problem is human generated and has negative impacts on public health and safety,the economy and the natural environment. To take action now would only be fulfilling obligations we have as stewards of the land, custodians of public safety. What the Conservation Board has recommended to the board is a modest investment of funds to support he planning and implementation of a deer management program in the town. The fust step would then be to create an administrative committee of professional staff and consultants responsible for the fulfilment of this mission. As that body deliberates how to proceed, they would do well to review the rest of the recommendations made in the report by the Conservation Board. James Hamilton, member Mr. Hamilton stated that he lives on Slaterville Rd,between Burns Rd and Burns Way which is on the edge of the Six Mile Creek conservation zone where there is no hunting, no predators and no management of the deer at all. The Conservation Board recommendations come with the realization that nature is really screwed up just now; worse than global warming. It is too many deer eating too many native plants. He stated that he was especially interested in natural areas, but natural areas aren't natural anymore if you don't have a responsible steward killing deer. Because there are too many deer,there are no longer tree seedlings,there are no longer native plants... the town's parks and preserves are full of weeds now; invasive species that the deer do not eat because they do not recognize them as food. He stated that in his yard, anything that the TB 2017-06-12 pg. l deer can eat, even those that are supposedly deer resistant, are getting eaten by the deer... Boxwood is supposed to be something that they do not eat and yet they are. They are so hungry and there are too many of them so they will eat just about anything except, the invasives that are choking our natural areas. Mr. Hamilton said that there is a program of the Cornell Cooperative Extension called AVID Assessing Vegetation Impacts from Deer and the fust thing someone who wants to do in this program is to see if there is evidence of deer over-browsing and the first question is "Is the forest floor bare of tree seedlings?" Mr. Hamilton invited the board to go to a place in Ithaca where you can find and Oak seedling. He said he can get to the reservoir where there is the biggest oak tree and under that,there are no oak seedlings. Mr. Hamilton stated that in 2004 the Conservation Board fust asked the Town Board to do something about deer management and it was called A Report for the Town Board on Deer Management and it recognized in 2004 that there were too many deer. Nothing happened. In 2014 the Conservation Board was asked to write a white paper which we titled "Deer in Ithaca, an Updated Preview of Science and a Call to Action." The Town Board asked us to write another paper, which took us three years of intensive study and research and you have that before you now. He said he wanted to say that the board has to do something now to kill deer,whether you want to call it harvesting deer, culling the herd, reducing the deer population... What this will do is return Ithaca to a place where nature might happen. Without a reduction in the deer population, all we will have is weeds or native plants in a cage. Mr. Hamilton stated that he has been going to Cornell Natural Areas stewardship program where they go to a natural area and do what we can to preserve the nature, and if a rare plant isn't in a cage, it gets chewed up and some would be gone if Cornell hadn't put them in deer exclosure boxes and we can't put all our natural areas in a box or a cage. If we don't, we just have a weed patch. We have got to get fewer deer and how we find out if we have succeeded is if you can find an oak seedling that will survive. Mr. Hamilton said until you do something about them, the deer will just continue to over-browse and we will have less nature than we have now. Eva Hoffmann, member Ms. Hoffmann stated that she agreed with the other members and that the latest report that the volunteer board wrote and submitted is worth reading because there is a description of what happens if we do not bring the deer population back to normal levels for them. It is time to pay attention to the issue. Ms. Hoffmann stated that the board has read the Executive Summary so they know what the reasons are,but she wanted to add her personal problems have been with the deer population. She said that she has lived at her house for 48 years and over those years she has seen an incredible change in the plants and the animal life that depend on them. It used to be lots of shrubbery on the ground and little flowering plants but now the undergrowth is gone. She has seen no oak seedlings for many years now and those oak seedlings are the sentinel plants that are supposed to tell you when something is wrong and they are telling us. TB 2017-06-12 pg.2 In addition, she was unhappy that many of the animals that used to come around in her yard do not want to come anymore because they do not have what they need to eat and they don't have places to nest in the shrubbery anymore. She went on to say that she is also upset with the amount of money and effort she has had to spend to try and get rid of the invasive species; it is hard work and she can't do it anymore and has had to hire help to try and control the invasive species and there is still a long way to go. Ms. Hoffmann stated that she is tired of spending the money and tired of worrying about her grandchildren playing in the yard and picking up ticks. She said she just received the Consumer Reports Newsletter on health which talks about other diseases carried by ticks that have bad health effects. They recommend spraying yourself and your yard to protect yourself but she does not want to do that and was pretty sure the Town doesn't either. Ms. Hoffmann also noted a book she has read,Nature Wars, by Jim Sterba who gave a lecture at Cornell and it talks about deer and other animals that have become invasive and how we have caused it by encouraging these animals to come and hang around without natural or inadequate predators to keep them in check. She would like the board to do something about the issue. Ellie Stewart, member Ms. Stewart spoke in favor of the Report and recommendations and many members have put in month and months of work on this. She went on to say that many people may not realize that the deer problem is manmade and that they were almost extinct in the 30s and 40s and then the DEC put in a lot of rules that limited hunting and encourage deer population and a lot of those rules are still in effect so we are still encouraging the deer population even though the hunting has shrunk due to decreased interest in it and the growth of suburbia. From the Conservation Board's standpoint, part of our role is to encourage plant growth and to discourage invasive species and it's not just the pretty flowers that are gone but if we do not have tree growth now, in 50-60 years we will not have mature trees and that is an important part of our economy. Ms. Stewart also talked about Lyme disease and it is a serious growing problem and the deer are an essential part of this disease cycle. She related that she had a really bad case of Lyme recently and this is a serious problem for many people. The only way to help at this point is to limit the deer population. She added that even the City of Syracuse is thinking about a deer control program so it is more and more common and if all the municipalities start programs it will work. Town Board Comments Ms. Bleiwas thanked the board members for coming and she is personally looking for stories of what people are encountering in our community. Ms. Hunter asked if the members have seen reports that shown that a deer management program has resulted in a decrease in Lyme disease? Mr. Roberts responded that the answer is yes and there is at least one cited in the Report. Ms. Hunter asked if this is considered common knowledge and he responded that it is amongst conservationists, land managers, and the scientific community, yes. TB 2017-06-12 pg.3 Mr. DePaolo stated that in the time we have been sitting here he located two sources from fairly prominent academics that indicate that you would have to reduce the deer population to practicably zero to reduce the incidence of Lyme disease based on the fact that a single deer can host thousands of ticks, and so you have a situation where you might have fewer deer but you might have more ticks per deer and so he would say that based on his cursory look at the question, it would seem that the answer to Ms. Hunter's question is still outstanding and he would not conclude that it is "common knowledge." Mr. DePaolo went on to say that there were a number of other issues they stated such as the health of the forest floor and other things that are problematic but personally he was not willing to hang his hat on the reduction of the incidence of Lyme disease as a reason for a dramatic reduction in deer population. 3. 5:30 p.m. Public Hearings regarding local laws associated with the Sign and Mural laws Mr. Goodman explained that there are four proposed local laws having to do with signs and murals as well as a combined SEQR for them all. The County had no changes to suggest. (See Attachment#1) Public hearings were opened individually beginning at 5:57 p.m. There was no one wishing to address the board on any of the laws associated with signs and murals and the public hearings were closed at 6:00 p.m. SEQR (See Attachment#2) Ms. Hunter asked about the response regarding visibility and impacts of the murals under number 6 and aesthetics and whether we would have any control on the number allowed. Ms. Brock responded that we prohibit illumination but there is nothing that addresses content even though art murals are not signs and have a different purpose than signs,the Codes Committee felt it wasn't appropriate to regulate what is allowed and what is not allowed, so there are limits on height and the placement on walls and things like that, but nothing in numbers other than they have to be placed on walls. Mr. Goodman responded that we have had one request for a mural from Six Mile Creek Vineyard and it was determined to be a sign at that point and the Committee did not think there are going to be a lot of requests for murals and we could revisit if it became an issue. TB Resolution 2017-067: SEOR: (1) A local law revising the Town of Ithaca's Sian provisions by deleting Town of Ithaca Code Chapter 221, "Signs," and by adding sign provisions to and revising Town Code Chapter 270, "Zoning," and Chapter 271, "Zoning: Special Land Use Districts;" (2) a local law adding Art Mural Provisions to Town Code Chapter 270, "Zoning;" and (3) a local law conforming sign requirements references in Town of Ithaca Code Chapter 125, `Building Construction and Fire Prevention," and Chapter 173, "Lighting, Outdoor" (local laws not adopted) Whereas, this action is the proposed enactment of: TB 2017-06-12 pe.4 1. A local law revising the town sign provisions by deleting Town of Ithaca Code Chapter 221, "Signs," and by adding sign provisions to and revising Town Code Chapter 270, "Zoning" and Chapter 271, "Zoning: Special Land Use Districts", to add and revise provisions related to signs; and 2. A local law adding art mural provisions to Town of Ithaca Code, Chapter 270 "Zoning", to establish provisions for art mural installations; and 3. A local law conforming sign requirements references in Town of Ithaca Code Chapter 125, "Building Construction and Fire Prevention," and Chapter 173, "Lighting, Outdoor," to properly cross-reference the new location of sign provisions; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of these local laws; and Whereas, the Town Board, at its regular meeting held on June 12,2017 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: Rod Howe Seconded: Pamela Bleiwas Vote: ayes —Howe,Bleiwas,Hunter, Leary, Goodman and DePaolo Discussion: A Local Law Revising the Town of Ithaca's Sign Provisions by Deleting Town of Ithaca Code Chapter 221, "Signs," and By Adding Sign Provisions to and Revising Town Code Chapter 270, "Zoning" and Chapter 271, "Zoning: Special Land Use Districts" A Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" A Local Law Conforming Sign Requirements References in Town of Ithaca Code Chapter 125, "Building Construction and Fire Prevention," and Chapter 173, "Lighting, Outdoor" A Local Law Deleting Chapter 192 of the Town of Ithaca Code, "Numbering of Buildings" There were no questions regarding the first law, "Signs" and the board moved to "Murals" TB 2017-06-12 pg.5 Ms. Bleiwas was concerned about having to be content neutral; what if someone wanted to put a rendering of the Confederate flag on the side of their house? That would be offensive to many people in our community. What would happen if someone wanted to do a painting of the photograph of what started this whole debate 2 months ago which was a crucifix in urine and that can be offensive to many people. Ms. Bleiwas was concerned because this effectively allows an individual what our public art should be and although she is a long term supporter of the arts and believes in free expression, when you allow one person to decide what should be expressed that will be visible to the entire community yet could cause people in our community to be uncomfortable and she questions whether we should be doing this. She said it makes her uncomfortable that someone might paint a swastika on the side of their house and she would feel threatened and that would be dangerous and would affect her horribly as well as a confederate flag. Ms. Bleiwas said that when we have public art there is a debate and a discussion among elected bodies to decide exactly what gets put up so that it is consistent with the values of the community but by allowing one individual homeowner to make the decision about what we all have to look at causes her great concern so she is not sure she wants to support murals. Mr. DePaolo responded saying that he was not so sure those things couldn't happen now and he was not so sure the town had the ability to stop or prevent them from doing that anyway. He sees this as setting a process by which there is some vetting or site review, but if someone wanted to take a can of spray paint and put something on the side of their barn, do we have the legal authority to tell them to paint over it or remove it? He didn't think so and that is the same reason we cannot address content. He assumed that we cannot tell people what they can do or how they can express themselves whether in the construct of a law or not. He added that that is his assumption,not that he was arguing about what Ms. Bleiwas was saying but he assumed that was the case. Ms. Bleiwas responded that she was not sure about that and in her other life as a lawyer, you can restrict speech but it has to be content neutral; you can say nobody can paint big things on the side of their house through zoning. We do that all the time. Mr. Goodman asked Ms. Brock to comment on the discussion the Committee had on regulating content. Ms. Brock stated that it is sometimes hard to tell what is a sign and what is a mural and if the town tries to regulate content at all,that will not survive what is called strict scrutiny by the courts. The Committee tried very hard and succeeded in composing a sign law that is completely content neutral. Art murals perform a completely different function than signs and that is why you are not allowed to put a billboard on the side of the barn but you can have a large painting. We do not define what is and isn't art but instead we put some timing requirements such as the mural having to stay up a certain amount of time and the homeowner cannot receive compensation at all; things like that to discourage what we think of as billboards going up as murals. Ms. Brock went on to say that if the town tries to regulate art we like versus art we do not like, we are going to end up in the same problem we knew we would end up with under signs; some people TB 2017-06-12 pg.6 will say "this is art" and others will say it isn't. She did not know how we can draft something that won't be offensive and yet survives constitutional muster. Mr. DePaolo asked if we can regulate them now in the absence of a law and Ms. Brock stated that we could because we can say that murals are not allowed or control the size to a size that negates the purpose of having a mural. Mr. Goodman added that the reason Six Mile Creek did not put up their mural is that Codes determined it was a sign and therefore not allowed. He said that for him, in thinking about the different arguments during the Codes and Ordinance Committee, currently someone would be able to put up a sign with a swastika or Confederate flag within the limits of the sizes in the law, but they could do it and we cannot prevent that. Over the years of discussion Ms. Leary was passionate about trying to prohibit hate speech but there isn't a way to do that and the Committee decided that at some point one would hope that the community would respond and it would self-regulate so he was not that concerned about a large mural going up with a hateful message and in weighing that risk, he would rather allow them and take that risk. Mr. Howe agreed and added that he and Ms. Hunter met with Mr. Goodman regarding the same concerns, but there is nothing we can do under the law so he also is willing to see what happens. Ms. Leary stated that at the committee level she tried to make the argument that hate speech should fall under health and safety but that didn't work; it is a very strong ruling now and the murals came up so we can allow for legitimate art. Some discussion followed on other ways obscenities would or could be managed. Ms. Bleiwas stated that she is definitely afraid of hate speech given the current climate of the way we treat each other these days; a year or two ago she wouldn't have even thought someone would do something hateful and if they did the community would be in an outrage but she isn't sure about that anymore. We are living in a completely indecent society right now and if one Confederate flag goes up, there will be more. People will say it is their fust amendment right but it is absolutely not your fust amendment right to paint anything you want anywhere you want, even your own house. She responded to Mr. DePaolo's question saying that at least in the absence of a law we can say it isn't allowed but with a law, we are saying, hey, yes, you can do what you want. Ms. Bleiwas restated that she is in favor of public art,but this is private art imposed on the public. Ms. Hunter agreed with Ms. Bleiwas and imagines unintended consequences and worst case scenario as a war of statements and then it becomes our job to become an arbiter; are we going to respond to the confederate flag? If a commercial entity puts up a sign with an offensive message, they will suffer fiscal consequences but if an individual does,they will get exactly what they wanted when they put it up. She said she wasn't sure about our current law, but we can regulate many things; she grew up in a community where you had to paint your house Quaker gray so you can and we do have the authority to regulate and this law frightens her from the standpoint of if one thing bad happens, we have to call it bad and then we become the arbiter of what people can express so if someone puts something up that she finds offensive, maybe others don't and then what? She did not want to accept that responsibility as a community. TB 2017-06-12 pg.7 Ms. Leary responded that there is nothing inherently superior to public art except in as much as there might be some public board that enforces some community standards, but not aesthetics. She agreed that she wished there was a way to limit how far it goes because she is not so sure it will be so self- regulating with the way things are right now. On balance though, she was in favor of allowing some artistic expression by commercial entities. Mr. DePaolo asked why, if we are not going to be regulating content, are we asking for a design in the permit process? Ms. Brock responded that there are regulations on how long it must stay up so the town needs a picture of what it is to track as well as the dimensions. Mr. DePaolo also asked why we are bending over backwards for one instance and developing legislation and opening Pandora's box by doing this? Given that we have these potential problems, why not simply say"no." The political climate is ripe for mural wars so we may want to sidestep this right now. Mr. Goodman stated that he was getting the sense of a split and suggested the matter be postponed to the next meeting when Mr. Levine is present. The Sign Law references the Mural Law so we would need to postpone the four proposed laws to the next meeting. A Local Law amending Town of Ithaca Code, Chapter 270 "Zoning" to allow limited retail sales in the Light Industrial Zone Mr. Goodman moved the deer management item ahead of this item. Mr. Goodman opened the public hearing at 6:34 p.m. There was no one wishing to address the board and the hearing was closed. See Attachment#3 (GML Letter) and #4 (SEAR Form) TB Resolution 2017-068: SEOR: Local Law 10 of 2017 Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," to Allow Limited Retail Sales in the Light Industrial Zone Whereas, this action is the enactment of a local law Amending the Town of Ithaca Code, Chapter 270 Titled Zoning, to Allow Limited Retail Sales in the Light Industrial Zone; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on June 12,2017,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 EAT Parts 2 and 3, and,therefore, a Draft Environmental Impact Statement will not be required. TB 2017-06-12 pg. 8 Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes —Howe,Hunter, Goodman, Leary, Bleiwas and DePaolo TB Resolution 2017-069: Adoption of Local Law 10 of 2017 Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning" to Allow Limited Retail Sales in the Light Industrial Zone Whereas, the Light Industrial (LI) zone currently prohibits the retail sale of products, and Whereas, the Town Planning Committee, at its meeting on July 27, 2016, reviewed and discussed proposed draft language and criteria that would allow the retail sales of products made on-site, and of items designed to be used with products made on-site in the LI zone, as principal uses as of right in the LI zone, and Whereas, at its meeting on May 8, 2017, the Town Board of the Town of Ithaca reviewed and discussed the proposed local law and adopted a resolution for a public hearing to be held by said Town Board on June 12, 2017 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," To Allow Limited Retail Sales In The Light Industrial Zone," and Whereas,notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on June 12, 2017, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Long Environmental Assessment Form Parts 1,2 and 3, and Whereas, the Town Board finds that the new uses proposed for the LI zone further the health and 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 10 of 2017 entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," To Allow Limited Retail Sales In The Light Industrial Zone", and it is 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: Pamela Bleiwas Seconded: Rich DePaolo Vote: Ayes —Bleiwas, DePaolo, Hunter,Howe, Goodman and Leary TB 2017-06-12 pg.9 4. Continue discussion on Deer Management Report—Mr. Goodman noted that he put this on the agenda to ask should we move forward with a committee? He stated that in looking through the recommendations that the Conservation Board made, there are a couple of things that jump out; the suggestion of a Deer Management Committee that would get into the details and the acquiring of the State permits and some minor expenditure of funds. He was in favor of creating the Committee to flesh out the details of a Management Program. He said one of the main factors is the effect on the ecosystem the deer are having on the environment with the decline of the hunting culture and the loss of natural predators due to neighborhoods expanding out. He would like the Committee to look at specific impacts and totals for Tompkins County specifically. Mr. Howe was supportive of forming a committee to figure out the next steps. Ms. Bleiwas stated that her position was that she would like a lot more information so the board can really balance what we know and come up with the best decision we can make. She would like to see a committee but would like it to have a broader scope than just how do we implement the recommendations. She would like them to answer some of the questions posed during the discussions. She added that Ms. Stewart added something tonight about the loss of lumber and that got her thinking about the real economic impacts and it would be good to figure that out. Can we make any estimates on the reduction of Lyme disease? Can we make estimates on the reduction of vehicle accidents? Etc. She said she will never forget that we are talking about killing animals even though she does eat meat. So she supports a committee but wants to see more information before action is passed. Ms. Hunter was in favor of setting up a committee to do both more research and start looking at the recommendations. Mr. DePaolo stated that he has a tendency to be direct and he wanted to address the Conservation Board members who were present, and he didn't want them to think that he didn't appreciates the time and effort it took to do the report and he understands how long it takes to pull information like this together,but,he is concerned that the report does not equivocate a little bit more than it does about the effectiveness of deer management given some of the information that he has read. If we were to go forward with a committee he would want there to be some epidemiologists or other people who have studied this issue for decades to be shown and to seek out research that potentially refutes the conclusions that have been drawn. He doesn't know if that was discovered and discarded or whether it did not exist. Ms. DePaolo said the other question is that he is not 100% convinced that the incidence of Lyme disease is directly connected to a reduction rather than the elimination of the deer population but he is concerned with the regeneration of the forest floor... Now that the invasives are here and have taken hold and proliferated to the degree that they have, how does the ecology right itself by eliminating deer? Don't the invasives just continue to proliferate in the absence of deer? They are still there, they are still going to choke out the native vegetation without a very aggressive management plan which hasn't been very successful. He wondered if the regeneration of the forest floor is a foregone conclusion because that can take hundreds of years. TB 2017-06-12 pg. 10 We may be past the point of no return anyway with that, so he would like to answer that question as well. Ms. Leary stated that it sounds like we are in favor of establishing a Deer Management Committee but she doesn't want to reinvent the wheel. She is more for establishing a Deer Management Control Program than a Committee because a lot of the work has been done and done again and even again by people who are pretty expert in the field and she did not think the authors of the report had an axe to grind but instead are people who make conservation their main focus and they recommended next steps. She hopes it moves quickly. Ms. Leary added that it is pretty clear on different levels that we have a problem with deer whether it is the forest floor, collisions or disease and although it might not solve the whole problem, it may help some and there are other municipalities that have done successful programs and we are the missing piece. Ms. Bleiwas added that we should remember how deer management ripped apart the Village of Cayuga Heights and we shouldn't do this secretly in any way so we need to get public outreach and comments so we are as transparent as possible. 5. Discuss and consider setting a public hearing to override the Tax Levy Limit Established in General Municipal Law §3-C TB Resolution 2017-070: Setting a Public Hearing Regarding a Proposed Local Law to Override the Tax Levy Limit Established in General Municipal Law 0-c Resolved that the Town Board of the Town of Ithaca will hold a Public Hearing on July 10, 2016 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, and be it further Resolved, that the Town Clerk shall publish notice of this public hearing in the official newspaper and post on the Town Clerk Bulletin Board as required by law. Moved: Bill Goodman Seconded: Pat Leary Vote: Ayes —Goodman, Leary,Howe, Hunter, DePaolo and Bleiwas 6. Discuss Moratorium on two-family dwellings and proposed legislation (See Attachment#5) Mr. DePaolo thought that an overriding question on one issue from Counsel's memo might drive the conversation and he moved to enter closed session to seek the advice of counsel at 7:03 p.m.; seconded by Ms. Bleiwas,unanimous. Mr. Goodman moved to reenter open session at 7:12 p.m., seconded by Ms. Hunter, unanimous. TB 2017-06-12 pg. 11 Mr. Goodman stated that he would like to have a discussion on the drafts because we have a moratorium that is set to expire so we need to either adopt something or extend the moratorium. Ms. Bleiwas asked Mr. DePaolo to walk the board through when it would be okay to rent your property and when it wouldn't. When you could not to live there but yet rent it. Mr. DePaolo responded that as currently proposed, you can rent your single family, with no accessory apartment, at any time but you need to get an operating permit. A house with an accessory apartment, the "owners"unit can only be rented to someone else for one contiguous year in a five year period. Ms. Bleiwas asked about semesters and Mr. DePaolo did not envision keeping track of time in the aggregate but the verbiage was done to accommodate sabbatical type scenarios. Ms. Bleiwas used the example of a person who leaves for the spring each year and could they rent their house and Mr. DePaolo responded that one is never precluded from renting one side of a residence out but renting both of the units at the same time would not be permitted more than once in any five years. Ms. Hunter stated that she is have a"Wait... What!"response to this whole thing and she finds it troubling, because the whole focus seems to be on students and professors and there are many other types of people out in the community so we shouldn't be drafting this legislation to accommodate the professorial lifestyle nor to combat student problems. Ms. Hunter stated that she feels we have not had enough communication with the community and she thinks their response will be the "Wait... What?" if we were to enact this legislation. She felt that there are a lot of people out in the community providing affordable housing to working people and not people going to school or necessarily associated with the university or college and maybe not on the assessment rolls as having an accessory apartment. She doesn't think we have had a sufficient community dialogue. Ms. Hunter stated that we seem to be adopting the "shared economy" and it is frightening that we are now saying when we give money to one another for a good or service we are now calling it a "shared economy" as though it was an economy that didn't exist before. The "shared economy" was the "economy"until recently when we corporatized everything. Ms. Hunter stated that we have an incredibly rabid populace movement happening in this country right now in direct response to regulation and she did not think that that regulation is the Clean Water Act or the Clean Air Act, but she thinks a lot of the regulation that people are upset about are local regulations so we need to be very mindful of enacting regulations that are going to fuel this populace response to things. Ms. Hunter stated that she knows there are people that live in neighborhoods that are greatly impacted by the university and the college but there are also people who live in neighborhoods that are not impacted so much by the college and the university and so she is troubled by this TB 2017-06-12 pg. 12 broad legislation. She added that she knows we have a problem and we need to address it, but she believes there is going to be a Wait What; there is an older lady that has an apartment in her house and someone who works at Viva lives there and if she is going to have to get an operating permit, have Bruce come into her home and inspect things, she will probably say forget this and we will lose an affordable housing unit. Ms. Hunter stated that is preexisting, so she isn't sure what that will do but she didn't know what the fee would be and do we have the staff to enforce it and do the inspections and how are we going to educate the community on how and what it is? She wants to know how we are rolling this out and what the administrative framework that is going to be carrying this piece of legislation. Mr. Goodman responded saying that one of the reasons we are doing this is the impact of our student population and the remedy that we have hit upon is a fairly common remedy in lots of collegetowns, even the City of Ithaca has the permitting program, so it is not something that a lot of folks in this area shouldn't be used to, especially those that are renting out two units and it seems to have worked well in other locations and that is why he was interested in giving it a chance here. Mr. Goodman stated that the other thing we are doing here is allowing some other changes to our code relating to the accessory apartments and the size of them so some people can increase the size and that will help our housing situation. He thought that we aren't just imposing burdensome regulations on folks but we are talking about making some other changes that will hopefully help produce more units in the future. Mr. Goodman stated he looks at it as a balanced approach and we will have to do public education and outreach which we started by contacting the developer and landlord community and we will continue to do that. Mr. Goodman thought that given the impact of the colleges on our community, it is reasonable but we do still have to figure out how we are going to manage this and that brings up the effective date and the resources we may need to put into our Code Department, but in general, the provisions we have put together based on what other communities have done seem reasonable to him. Mr. DePaolo reiterated that the type of situation that he hears Ms. Hunter talk about whereby the property owner is somehow going to have his opportunity to rent an accessory apartment is going to be foreclosed upon is not true. He does not see it as being an impact to the supply of housing, but he sees there potentially being an impact on the quality of certain sections of our housing stock. He said that they heard from someone at Cornell who manages their listings and there have been some nightmare situations in the town that have proliferated because we don't have the ability to get in and inspect what might be happening so the permit will be advantageous. Mr. DePaolo stated that owners would still be able to create and rent accessory apartments and according to the map by Planning, the estimate is 600 accessory apartments and that seems to be a number that could be assimilated in our inspection routine in a few months. He didn't think it was incredibly burdensome to ask someone to have their for-profit rental unit subject to an TB 2017-06-12 pg. 13 inspection every three year and as far as the fee, he suspects that we are probably talking about fifty dollars but he doesn't think it will be prohibitive. He said some people are going to be adverse to regulation just because they are adverse to regulation but he thought this was an on balance approach that takes into consideration that we have some negative consequences of some property owners who are willing to exploit whatever loop holes are available and so that is why we are moving forward with this. The existing houses, whether they are owner-occupied or not, are grandfathered in and we have talked about revising our laws to revise our rules on duplexes in some zones by making them available by right in some areas. Mr. DePaolo added that he has heard from many, many people who are in favor of an owner- occupancy requirement as a way of preventing this gradual transformation of single-family neighborhoods. We will never have something that will please everyone but we are trying to address the problems that exist and hopefully in a way that doesn't create more problems. Ms. Hunter staid that her biggest concern is that we are reaching out to developers and landlords and we need to reach out to the general public somehow, she knows we have a problem but she just doesn't want people to be caught unaware and then find themselves in violation without having the opportunity to talk to the board. Ms. Rosa will send out notice to the landlords association, the Human Services listsery and all town list serves. Ms. Leary said that she does not think it is going to be onerous on homeowners at all and it is going to protect the renters. Mr. DePaolo suggested that a meeting be held with himself and Susan,Bruce,Bill, and Sue to talk about the drafts since there is no Planning Committee next week and prepare another draft for discussion at the study session. 7. Discuss and consider authorization for the Supervisor to sign an agreement with Randall +West for Zoning Related Services TB Resolution 2017-071: Authorization for Town Supervisor to Sign Aureement with Randall +West for Zoning Related Services Whereas, the Town of Ithaca Comprehensive Plan calls for "form- or transect based zoning to guide development of new neighborhoods and the redevelopment and retrofitting of existing neighborhoods", and Whereas, the Form Ithaca project (funded by NYSERDA)brought together the team of Randall +West, Better Cities & Towns, and STREAM Collaborative to assist the Town (and City) in moving forward with zoning reform by hosting community education and outreach events and coordinating multi-day charrettes, including the South Hill charrette which produced a conceptual regulating plan for the King and Danby Roads area, and Whereas, the Town seeks to continue the advancement of form-based code language to better shape the quality of development in the Town and create more intentional pedestrian- TB 2017-06-12 pg. 14 friendly neighborhoods; regulatory tools that will be timely and applicable to current planning efforts underway by Cornell University for the design and redevelopment of the East Hill Village, and Whereas, Planning staff seeks to continue collaborating with the individuals from the Form Ithaca project, and Whereas, the Planning Department has funds reserved for updating Town zoning and land use regulations; now,therefore, be it Resolved, that the Ithaca Town Board authorizes the Town Supervisor to execute a contract with Randall+ West, partnering with Better Cities & Town and STREAM Collaborative, in an amount not to exceed $20,000 (allocated from B8020.403) for the purposes of assisting the Town in the development of form-based code language and for performing outreach and educational activities to inform the public and Town staff and officials about form- based zoning, said contract being subject to the approval from the Attorney for the Town. Moved: Rod Howe Seconded: Pamela Bleiwas Vote: ayes —Howe,Bleiwas,Hunter, Goodman, Leary, Levine and DePaolo Consent Agenda TB Resolution 2017- 072: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratification of Appointment of General Manager e. Ratification of Provisional Appointment of Distribution Operator f. Ratification of Approval to Change Senior Account Clerk Typist to Full Time Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote: ayes: Hunter, DePaolo, Goodman, Leary, Levine, Bleiwas and Howe TB Resolution 2017- 072a: Approval of Town Board Minutes of May 22, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on May 22, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - 072 b: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and U3 2017-06-12 pg. 15 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. 670 - 766 General Fund Townwide 131,002.52 General Fund Part-Town 1,533.38 Highway Fund Part-Town 358,176.86 Water Fund 514,345.50 Sewer Fund 24,761.01 Pine Tree Road Pedest Bridge —H5 68,221.68 Risk Retention Fund 157.68 Fire Protection Fund 255,000.00 Forest Home Lighting District 164.59 Glenside Lighting District 62.88 Renwick Heights Lighting District 71.72 Eastwood Commons Lighting District 160.05 Clover Lane Lighting District 18.58 Winner's Circle Lighting District 62.31 Burleigh Drive Lighting District 63.06 West Haven Road Lighting District 190.53 Coddin ton Road Lighting District 113.60 Trust and Agency 1,277.72 TOTAL 1,355,383.67 TB Resolution 2017- 072c: 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: 197-251 Check Numbers: 17125, 17127-17180 Capital Impr/ReplProject $ 13,910.56 U3 2017-06-12 pg. 16 Operating Fund $103,842.48 TOTAL $117,753.04 Less Prepaid $ 13,776.67 TOTAL $ 103,976.37 TB Resolution 2017- 072d: Ratify Appointment of General Manager of SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on June 8, 2017, promotionally appointed Steven Riddle, Distribution Manager, as the General Manager, effective August 6, 2017; now, therefore, be it Resolved, that the Town of Ithaca does hereby ratify the Commission's appointment of Steven Riddle, Distribution Manager, as the General Manager, effective August 6, 2017, at an annual salary of$81,702 in Job Classification `10', with no change in the full time benefits. TB Resolution 2017-072e: Ratify Provisional Appointment of Distribution Operator - SCLIWC. Whereas, the Southern Cayuga Lake Intermunicipal Water Commission has a vacancy in the Distribution Operator position in the Distribution Department; and Whereas, Jordan Betts was appointed as a Distribution Operator Assistant January 24, 2016 and has since obtained the D Certification required of a Distribution Operator position; Whereas, the Commission on June 8, 2017, provisionally appointed Jordan Betts to the Distribution Operator position; now, therefore, be it Resolved, that the Town of Ithaca does hereby ratify the Commission's appointment of Jordan Betts to the position of Distribution Operator in the provisional status, effective May 1, 2017 at the hourly rate of$22.53 with no change in benefits; and be it further Resolved, the candidate must take and be a reachable candidate from the next civil service exam for the position. TB Resolution 2017-072f: Ratify Approval to Change Senior Account Clerk Typist at SCLIWC to Full Time Whereas, the Southern Cayuga Lake Intermunicipal Water Commission (Commission) on June 8, 2017, as recommended by the Personnel and Organization committee and Budget and Finance committee, approved of increasing the hours of the Senior Account Clerk Typist from part time (25 hours per week)to full time (40 hours per week)with the funding for 2017 coming from the current budget; and Whereas, Winona Fisher, Senior Account Clerk Typist, is classified as part time at 25 hours per week in the Administration Department; now, therefore, be it TB 2017-06-12 pg. 17 Resolved, that the Town Board of the Town of Ithaca hereby ratifies the Commission's approval of the recommendation to increase the Senior Account Clerk Typist to full time; and be it further Resolved, that Winona Fisher, Senior Account Clerk Typist's hours will be increased to full time at 40 hours per week, effective June 12, 2017. Other Mr. Goodman noted that there is the special meeting on Monday, June 191h regarding short term rentals. Mr. DePaolo added that there is legislation moving along by the hospitality business to push back and not allow short term rentals in private homes so things are starting to be done and at least legislation asked for to even the playing field. Ms. Ritter noted that the shurette for East Hill has been postponed. Mr. Goodman moved to enter executive session at 7:50 p.m. to discuss the potential acquisition or real property where publicity might affect the price; seconded by Ms. Hunter; unanimous. Mr. Goodman moved to reenter open session, seconded by Ms. Hunter, unanimous. 8. Adjournment Meeting was adjourned upon a motion and a second. Submitt Paulette Rosa, Town Clerk TB 2017-06-12 pg. 18 Attachment #1) Tompkins County DEPARTMENT OF PLANNING AND SUSTAINABILITY 21 East Court Street Ithaca,New York 14850 Edward C.Marx,AICD Telephone(607)274-5560 Commissioner of Planning and Sustainability June 12, 2017 Ms. Christine Balestra, Planner Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re: Review Pursuant to §239—1,-m and—n of the New Fork State General Municipal Law Action: Proposed Town of Ithaca Sign & Mural Laws Dear Ms. Balestra: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239—1, -m and—n of the New York State General Municipal Law.The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, kt tr' i Katherine Borgella, A1CP Deputy Commissioner of Planning&Sustainability II Inclusion tfarough lniversity Full Environmental Assessment Form Part 1 -Project and Setting Attachment #2 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 Laws revising Town Code Chapters 270-Zoning,271-Zoning:Special Land Use Districts, 125-Building Construction &Fire Prevention,and 173-Lighting,Outdoor to revise sign provisions,add art mural provisions,and conform sign requirements references. Project Location(describe,and attach a general location map): The local laws will apply town wide. Brief Description of Proposed Action(include purpose or need): The proposed local laws include: (1)Revising the Town of Ithaca's Sign Provisions by Deleting Town of Ithaca Code Chapter 221,"Signs,"and By Adding Sign Provisions to and Revising Town Code Chapter 270,"Zoning,"and Chapter 271, "Zoning:Special Land Use Districts," (2)Adding Art Mural Provisions to Town Code Chapter 270,"Zoning,"(art murals are not signs),and (3)Conforming Sign Requirements References in Town of Ithaca Chapter 125, "Building Construction and Fire Prevention,"and Chapter 173,"Lighting, Outdoor." The purpose of(1)is to delete the current Sign Law,and add content-neutral sign provisions to and revise the Zoning and Special Land Use Districts (Planned Development Zone)Code chapters,and to provide new sections that accommodate changes in technology and approach to sign review. The purpose of(2)is to create new regulations to apply to art murals,where no such regulations currently exist. The purpose of(3)is to update other sections of Town Code to cross-reference the location of the new Sign Law in the Zoning Chapter. Name of Applicant/Sponsor: Telephone:607-273-1747 Town of Ithaca E-Mail: 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:(607)273-1747,extension 121 Christine Balestra E-Mail: cbalestra@tmn.ithaca.ny.us Address: same as Applicant/Sponsor City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: Same as Sponsor 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 Ithaca Town Board May 8, 2017,public hearing on June 12,2017 or Village Board of Trustees In. City,Town or Village ❑Yes®No Planning Board or Commission c. City Council,Town or ❑Yes®No Village Zoning Board of Appeals d. Other local agencies ❑Yes®No e. County agencies ❑Yes®No County Planning Department GML 239-I,-m,-n review requirement;no official approval involved. f Regional agencies ❑Yes®No g. State agencies ❑Yes®No h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes[]No 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.L.Planning and zoning actions. Will administrative or legislative adoption,or amendment of aplan,local law,ordinance,rule or regulation be the ®Yes❑Yo 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 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county) comprehensive land use plans) include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? In. Is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑Yes®No Brownfield Opportunity Area(BOA); designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? All zoning districts in the Town are affected by the law. In. Is the use permitted or allowed by a special or conditional use permit? N/A ❑Yes❑No c. Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, L What is the proposed new zoning for the site? CA.Existing community services. a. In what school district is the project site located? Ithaca City School District In.What police or other public protection forces serve the project site? Tompkins County Sheriff Correll 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 Sections D-E are not required to be completed for this action;see C1. D.1.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 In. Total acreage to be physically disturbed9 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 L 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, L 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 L If No,anticipated period of construction: months ii. If Yes • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month wear • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑YesONo 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: ❑Archaeological Site ❑Historic Building or District ii.Name: iii.Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: i.Describe possible resource(s): ii.Basis for identification: It.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑NO scenic or aesthetic resource? If Yes: i.Identify resource: U.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): M. Distance between project and resource: miles. L Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No 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? ❑Yes❑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 �Tom of Ithham,William Goodman Date 6t `2 f :Z0 C-7- Signature (_/Q� Title Town Supervisor Page 13 of 13 Full Environmental Assessment Form Part 2-Identification of Potential Project Impacts Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, F]NO ®YES the land surface of the proposed site. (See Part 1. D.1) I "Yes", answer questions a-J. I "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. In. The proposed action may involve construction on slopes of 15%or greater. Elf ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed,or Eta ❑ ❑ 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 ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g. The proposed action is,or may be,located within a Coastal Erosion hazard area BE ❑ ❑ h. Other impacts:The local laws will affect the size,placement,design, and illumination of signs ® ❑ and art mural installations in the town of Ithaca. 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 ®NO ❑YES bodies (e.g., streams,rivers,ponds or lakes). (See Part 1.D.2, E.21) I "Yes", answer questions a- L I `No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b,Dlh ❑ ❑ b. The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E21i ❑ ❑ 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 E21i ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q,E21i ❑ ❑ around any water body. k. The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or W]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 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells,or create additional demand 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 D2c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg Elh f The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. W]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. Elk ❑ ❑ 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,Eli, ❑ ❑ E2',E2k f If there is a dam located on the site of the proposed action,is the dam in need of repair, Etc ❑ ❑ or upgrade? Page 3 of 10 g. Other impacts: El El 6. Impacts on Air The proposed action may include a state regulated air emission source. W]NO YES (See Part 1.D.2.£,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 (COJ D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (NO) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbon(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF,) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons(IIFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c. The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) ®NO E]YES I "Yes", answer questions a-J. I "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 Ego ❑ ❑ 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 Ego ❑ ❑ 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 ER ❑ ❑ Landmark to support the biological community it was established to protect. f The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g. The proposed action may substantially interfere with nestingibreeding,foraging,or Elm ❑ over-wintering habitat for the predominant species that occupy or use the project site. h. The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ - herbicides or pesticides. j. Other impacts: ❑ ::1 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) W]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 W]YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La, E.Lb, E.31.) 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 ® ❑ scenic or aesthetic resource. b. The proposed action may result in the obstruction,elimination or significant E31r,C21h ❑ ❑ screening of one or more officially designated scenic views. c. The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ® ❑ ii. Year round ® ❑ d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ® ❑ ii.Recreational or tourism based activities Etc ® ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f There are similar projects visible within the following distance of the proposed Dla,Ela, ® ❑ project: Dlf,Dlg 0-1/2 mile Y -3 mile 3-5 mile 5+ mile g. Other impacts:The laws will provide clarified and-in some cases-more stringent standards relate ® ❑ to size,placement,design and illumination of signs and art mural installations. 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 ❑ 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 E to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d. Other impacts: E _ 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, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ 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 FVINO F]YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes", answer questions a- e. I "No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. Elm,Ego, E2n,E2 b. The proposed action may result in the loss of a current or future recreational resource. C2a,EIc, ❑ ❑ C2c,E2 c. The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Etc,E2q d. The proposed action may result in loss of an area now used informally by the C2c,Etc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑✓ NO ❑YES environmental area (CEA). (See Part 1. E.3.d) I "Yes", answer questions a- c. I "No", go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or EM ❑ ❑ 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 EM ❑ ❑ 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. ZNO ❑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.) If"Yes", answer questions a-f If`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, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. 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 1.13.2.q., E.1. d. f. g. and h.) I "Yes", answer questions a- m. I "No", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg Elh ❑ ❑ c. There is a completed emergency spill remediation,or a completed environmental site Elg Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg Elh ❑ ❑ property(e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of 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 m. Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO DYES (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 pattem(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, Dld,Elb f The proposed action is located in an area characterized by low density development C4,D2c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h. Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. F,-/]NO nYES (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 E2g,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. The proposed action is the enactment by the Ithaca Town Board of(1)a local lawthat would revise the Town of Ithaca's sign provisions by deleting Town Code Chapter 221,entitled"Signs,"and adding sign provisions to Town Code Chapter 270,entitled"Zoning,"and Chapter 271, titled"Zoning:Special Land Use Districts;'(2)a local lawthat would add art murals to Town Code Chapter 270,entitled"Zoning,"and(3)a local lawthat would conform the sign requirements references in the Town Code,Chapter 125,entitled"Building Construction and Fire Prevention"and Chapter 173,entitled"Lighting,Outdoor." The proposed local lawpertaining to signs includes revising definitions and sections for prohibited and exempt signs,revising criteria applying to signs in all zones,revising criteria applying specifically to signs in Residential,Conservation,Agricultural,Commercial,Industrial and Planned Development Zones,and revising sign illumination,maintenance and removal,and design review sections. The law also includes new sections for signs requiring permits,sign types(with pictures),and computation of sign area. The revised law is clearer for the public and staff to read and enforce,content-neutral,and accommodates changes in technology. The law has also been identified as a land use goal with "Immediate priority"in the Comprehensive Plan,and has been crafted with the intent to protect the community from visual pollution,while providing flexibility in the various elements of sign review(types,sizes,locations,etc.). The law,which conforms with current legal doctrine,is not expected to result significant adverse environmental impacts because it prohibits certain types of signs that pose distractions and safety hazards for drivers,e.g.animated signs,electronic messaging centers. The lawalso sets dimensional standards related to size,placement, and height for signs in various zoning districts,and provides a design reviewsection to encourage signs that are compatible with their surroundings and appropriate to the architectural character of the buildings near which the signs are located. The proposed local law pertaining to art murals includes new provisions for the placement, height,and permitting requirements for art mural installations.As art murals are not considered signs,the provisions do not currently exist in the Town Code.The new regulation will provide guidance for the public and staff. The law will not result in significant adverse environmental impacts because it prohibits illumination of art murals,and,by locating murals at heights and scales visible to pedestrians,the law serves to increase community identity and foster a sense of place. The proposed local law pertaining to conforming sign requirements references in Town Code Chapters 125 and and 173,has no environmental consequence. The local law simply updates the two chapters to reference the new location of the Sign Lewin the Zoning Chapter in order to facilitate cross-referencing between the laws. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part1 ©Part 2 ©Part 3 Upon review of the infornmtion recorded on this GAF,as noted.plus this additional support information Local laws'(1)Revising the Town of Ithaca's Sign Provisions by Deleting Town of Ithaca Code Chapter 221 "Signs."and By Addinc�Sign Provisions to and Revising Town Code Chapter 270,"tuning,"and Chapter 271,"Zoning.Special Land Use Districts,"(2)Adding Art Mural Provisions to Town Code Chapter "Zoning, art murals are not sic?os), on orming ign egwrements Ref ere nces in Town of Ithaca Chapter "Building Construction a . and considering both the magnitude:incl importance of each identified potential impact,it is the conclusion of the Town of Ithaca Town Board as lead agency that: ❑✓ A. This project will result in no .wni lir.lnt adverse impacts on the environment,and,therefore,an environmental impact statement need not he pi p,rcd_ According lt. Illi: ncguicc declaration is issued. ❑ B. Althau lh Illi,project Wield hay c r :i in l ic:mt adverse impact on the environment,that impact will be avoided or substantially mitigated because of the I'ol lowing conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Local laws related to Signs,AA Mural Installations,and Updates to Town Code Chapters to cross reference Sign Law. Name of Lead Agency: Ithaca Town Board Name of Responsible Officer in Lead Agency: William D.Goodman Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency:. tiy� Date: /t 9C(,-4- Signature kSignature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Christine Balestra Address: 215 N.Tioga Street Telephone Number:607-273-1747 E-mail: cbalesua@town.ithaca.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: htti)://www.dec.nv.2ov/enb/enb.html Attachment #3 Tompkins County DEPARTMENT OF PLANNING AND SUSTAINABILIT 121 East Court Street Ithaca, New York 14850 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning and Sustainability June 12,2017 Ms. Christine Balestra,Planner Town of Ithaca 215 N. Tioga Street Ithaca,NY 14850 Re: Review Pursuant to §239—1,-m and—n of the New York State General Municipal Law Action: Proposed Town of Ithaca Local Amending Light Industrial Zone to Allow Limited Retail Sales Dear Ms. Balestra: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239—1,-m and—n of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, i Katherine Borgella, AICP Deputy Commissioner of Planning& Sustainability Inclusion through Diversity i i Full Environmental Assessment Form Part 1 -Project and Setting Attachment #4 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: Amend Town Code Chapter 270, titled Zoning,to expand permitted principal uses in the Light Industrial Zone Project Location(describe,and attach a general location map): Light Industrial-zoned properties in the Town of Ithaca Brief Description of Proposed Action(include purpose or need): The proposed action includes adding language to the Town Code, Chapter 270, pertaining to the Light Industrial (LI) Zone, to allow, as permitted principal uses as of right, retail sales of products made on-site, and of items designed to be used with products made on-site in the LI Zone. The exact wording of the proposed language is described in the attached local law. Name of Applicant/Sponsor: Telephone:607-273-1721 Town of Ithaca E-Mail: Address: 215 North Tioga Street City/PO:Ithaca State:NY Zip Code:14850 Project Contact(if not same as sponsor; give name and title/role): Telephone:607-273-1747, ext. 121 Christine Balestra, Planner E-Mail: cbalestra@town.ithaca.ny.us Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 Property Owner (if not same as sponsor): Telephone: Varies Varies E-Mail: N/A Address: Varies City/PO: State: Zip Code: Ithaca NY 14850 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 Ithaca Town Board May 8, 2017, public hearing on June 12, or Village Board of Trustees 2017 In. City,Town or Village ❑Yes®No Planning Board or Commission c. City Council,Town or ❑Yes®No Village Zoning Board of Appeals d. Other local agencies ❑Yes®No e. County agencies ®Yes❑No County Planning Department GML 239 review only;no official approval. f Regional agencies ❑Yes®No g. State agencies ❑Yes®No h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? [--]Yes®No 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.L.Planning and zoning actions. Will administrative or legislative adoption,or amendment of aplan,local law,ordinance,rule or regulation be the ®Yes❑Yo 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 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ®Yes❑No would be located? In. Is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑Yes®No Brownfield Opportunity Area(BOA); designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? Light Industrial Zone In. Is the use permitted or allowed by a special or conditional use permit? N/A;action involves changes in allowable uses. ❑Yes❑No c. Is a zoning change requested as part of the proposed action? ®Yes❑No If Yes, L What is the proposed new zoning for the site?The action will not result in new zoning;it will change language and uses in an existing zone. CA.Existing community services. a. In what school district is the project site located? Ithaca City School District In.What police or other public protection forces serve the project site? Tompkins County Sheriff Department c.Which fire protection and emergency medical services serve the project site? Ithaca Fire Department d.What parks serve the project site? The LI Zones along Elmira Road/NYS Route 13 are located adjacent to or across the road from the Cayuga Inlet and Robert H.Treman State Park. The LI Zones on East and South Hills are located adjacent to the East Ithaca Recreation Way and South Hill Recreation Way,respectively. D.Project Details Sections D. - E.are not required to be completed for this action, see C1. D.1.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 In. Total acreage to be physically disturbed9 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 L 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, L 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 L If No,anticipated period of construction: months ii. If Yes • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month wear • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes❑No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? Yes[]No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑No scenic or aesthetic resource? If Yes: L Identify resource: ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑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,William D.Goodman Date Signature ' alc Title Town Supervisor Page 13 of 13 Full Environmental Assessment Form Part 2-Identification of Potential Project Impacts Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ®NO F]YES the land surface of the proposed site. (See Part 1. D.1) I "Yes", answer questions a-J. I "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15%or greater. Elf ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed,or Eta ❑ ❑ 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 ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g. The proposed action is,or may be,located within a Coastal Erosion hazard area BE ❑ ❑ h. Other impacts: ❑ ❑ 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 ®NO ❑YES bodies (e.g., streams,rivers,ponds or lakes). (See Part 1.D.2, E.21) I "Yes", answer questions a- L I `No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b,Dlh ❑ ❑ b. The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E21i ❑ ❑ 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 E21i ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q,E21i ❑ ❑ around any water body. k. The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or W]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 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells,or create additional demand 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 D2c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg Elh f The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. W]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. Elk ❑ ❑ 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,Eli, ❑ ❑ E2',E2k f If there is a dam located on the site of the proposed action,is the dam in need of repair, Etc ❑ ❑ or upgrade? Page 3 of 10 g. Other impacts: El El 6. Impacts on Air The proposed action may include a state regulated air emission source. W]NO YES (See Part 1.D.2.£,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 (COJ D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (NO) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbon(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF,) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons(IIFCs)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 emission D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) ®NO E]YES I "Yes", answer questions a-J. I "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 Ego ❑ ❑ 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 Ego ❑ ❑ 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 ER ❑ ❑ Landmark to support the biological community it was established to protect. f The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g. The proposed action may substantially interfere with nestingibreeding,foraging,or Elm ❑ over-wintering habitat for the predominant species that occupy or use the project site. h. The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ - herbicides or pesticides. j. Other impacts: ❑ ::1 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) W]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 W]YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La, E.Lb, E.31.) 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 ❑ ❑ scenic or aesthetic resource. b. The proposed action may result in the obstruction,elimination or significant E31r,C2b ❑ ❑ screening of one or more officially designated scenic views. c. The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ❑ ❑ ii. Year round ❑ ❑ d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ® ❑ ii.Recreational or tourism based activities Etc ® ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f There are similar projects visible within the following distance of the proposed Dla,Ela, ® ❑ project: Dlf,Dlg 0-1/2 mile Y -3 mile 3-5 mile 5+ mile g. Other impacts:The proposal to allow limited retail sales use in the LI Zone could result in the expansion of ® Elstructures to accommodate a retail shop.However,the existing LI zone contains site layout and buffering limits,and requires Planning Board site plan approval for new structures. These existing provisions will mitigate any site-specific aesthetic impacts that could occur. 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 ❑ 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 E to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d. Other impacts: E _ 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, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ 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 FVINO F]YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes", answer questions a- e. I "No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat Elm,Ego, E2n,E2 b. The proposed action may result in the loss of a current or future recreational resource. C2a,EIc, ❑ ❑ C2c,E2 c. The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Etc,E2q d. The proposed action may result in loss of an area now used informally by the C2c,Etc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑✓ NO ❑YES environmental area (CEA). (See Part 1. E.3.d) I "Yes", answer questions a- c. I "No", go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or EM ❑ ❑ 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 EM ❑ ❑ 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. ZNO ❑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.) If"Yes", answer questions a-f If`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, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. 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 1.13.2.q., E.1. d. f. g. and h.) I "Yes", answer questions a- m. I "No", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg Elh ❑ ❑ c. There is a completed emergency spill remediation,or a completed environmental site Elg Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg Elh ❑ ❑ property(e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of 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 m. Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO DYES (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 pattem(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, Dld,Elb f The proposed action is located in an area characterized by low density development C4,D2c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h. Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. F,-/]NO nYES (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 E2g,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. The proposal involves adding retail sales of products made on-site, and of items designed to be used with products made on-site to the list of principal uses that are permitted as of right in the LI Zone. The proposed amendments were initiated in response to Greentree Garden Center's request to sell soil and gardening-related products at their Ithaca Beer Drive location,which is located in the LI Zone. The Town Board recognizes that this request will provide an opportunity to meet some of the goals of the Town's Comprehensive Plan, pertaining to the Inlet Valley Corridor. The request will also meet goal#1 of the town's Agricultural and Farmland Preservation Plan,which is to"promote the availability of locally grown foods and other agricultural products for all residents" by"reviewing and revising the town's Commercial, Light Industrial and Agricultural Zones to ensure that necessary agriculture-related businesses would be permitted:' There are a number of other establishments in the LI Zone along Elmira Road, but few of these manufacture products on-site.Additionally, some properties in the LI Zones on Elmira and Coddington Roads are either vacant, currently utilized as farmland or contain businesses that would not logically have an on-site retail component to them(e.g. Therm). Future proposals in the LI Zones to expand existing structures or build structures to accommodate a small retail component will require Planning Board site plan approval,where an additional environmental review would be conducted and any visual or environmental impacts related to the specific proposallrequest would be assessed. The proposed amendments are therefore not expected to pose significant environmental impacts. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part1 ©Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Local Law Amending The Town of Ithaca Code Chapter 270.Titled"Zoning."To Allow Limited Retail Sales In The Light Industrial Zone and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town of Ithaca Town Board as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned ne_ative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be pi q)m cd to liuther assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Amend Town Code Chapter 270,tilled Zoning,to expand pennined principal uses in the Light Industrial Zone Name of Lead Agency: Ithaca Town Board Name of Responsible Officer in Lead Agency: William D.Goodman Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: foxy ,t ,R �L Q,. Date: 6 l't a t Signature of Preparer(if different from Responsible Officer Date: For Further Information: Contact Person: Christine Balestra Address: 215 N.Tioga Street Telephone Number:607-273-1747 E-mail:cbalestra@town.ithaca.ny.us For Type I Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: htto:H/ w.dec.ny.goy/enb/enb.htmi Attachment #5 (Example of current language modified to replace `Two-family"term with "accessory apartment,"incorporate owner-occupancy requirement, and refer to potentially relevant sections of future code.) Permitted Principal Uses Only the following buildings or uses are permitted as a matter of right in a Zone: A. A one-family dwelling, except a mobile home, subject, if applicable, to the conditions of Chapter/Section of the Town Code ("Residential Rental Units"), and, to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger or other occupant. B. A one-family dwelling plus Accessory Apartment, subject to the conditions of Chapter/Section of the Town Code ("Accessory Apartments"), and provided that each dwelling unit is occupied by no more than one family. Accessory buildings and uses authorized by special approval only The following accessory buildings or uses are permitted in a _ Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. An accessory apartment in a building other than the principal building, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval, and the conditions of (Section , "Accessory Apartments"), have been satisfied; (2) The location of the accessory apartment, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such accessory apartment is located at least 15 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants including occupants of both the principal building and the accessory apartment for which special approval is sought, in accordance with Section 270-227 of the Town Code; (5) The floor area of the accessory apartment (inclusive of floor area on all floors dedicated to such) shall not exceed 800 square feet. (6) The building containing the primary dwelling does not contain more than one dwelling; (7) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. 7 Accessory Apartments Section_ Purpose and Intent. It is the specific purpose and intent of this section to allow accessory apartments in all residential zones throughout the Town of Ithaca to provide the opportunity for the development of small rental housing units designed, in particular, to meet the housing needs of persons of low and moderate income, and of relatives of families residing in the Town of Ithaca. Furthermore, it is the purpose and intent of this section to allow for efficient use of the Town's existing stock of dwellings in economic support of resident families and to protect and preserve property values while preserving the character and quality of life in the Town of Ithaca's residential neighborhoods. To help achieve these and other goals consistent with the Town of Ithaca Comprehensive Plan, specific standards are hereby set forth for accessory apartments and their related uses. Section Standards. (1) Operating Permit. All qualified applicants are required to obtain from the Town of Ithaca Code Enforcement Department an Operating Permit, in accordance with the provisions of Sections and (Operating Permits and Residential Rental Units) of the Town Code, and to maintain the validity of the Permit at all times during which an accessory apartment exists on the lot. (2) Owner occupancy required. Beginning on (actual date or "the effective date of this section") and thereafter, in all residential zones except High Density zones, the dwelling in which a newly-created accessory apartment is located must be the principal residence of the owner(s), current or subsequent, in perpetuity, and the owner(s) must reside within a dwelling unit on the lot for no less than 185 days per calendar year (will eventually need to reference short- term rental regulation), except as provided below. There shall be a maximum of two dwelling units permitted per lot, including one rental unit, except that for a period of up to 12 continuous months in each five-year period, owner may vacate and two rental units may be allowed, subject to an additional Operating Permit. No other owner(s) may own a larger percentage collectively or individually than the owner-occupant(s). (3) Location on lot. Unless a zone allows for an exception to be granted by special approval of the Board of Appeals, and such approval is obtained, an accessory apartment shall be located in the principal residence. (4) Accessory apartment size. The minimum habitable area for an accessory apartment shall be 300 square feet and the maximum shall be 800 square feet; (change Section 270-220 to allow for new minimum size). (5) Reversion to Classification as Single-Family Dwelling without Accessory Apartment. In order to establish that a particular property is a one-family dwelling without Accessory Apartment, the following procedures shall be followed: A. Any evidence of a kitchen facility or, in the alternative, any evidence of a bathroom shall be removed from the area under consideration so that there would no longer be complete living facilities for one family. B. The owner of the property shall sign an affidavit and certification, in a form satisfactory to the Code Enforcement Officer, to the effect that; 1) the facilities referred to above were either not present or have been removed; 2) said facilities will not be reinstalled without seeking a building permit or other approval from the Code Enforcement Department; and, 3) the area from which the facilities were removed will not be used as a separate dwelling unit until the Code Enforcement Department is notified and any required approvals, permits or other certificates including a Certificate of Occupancy are obtained. C. Such affidavit shall be recorded, at the expense of the property owner, in the Tompkins County Clerk's Office and indexed against the name of the then owner of the property. D. A Code Enforcement Officer may inspect the premises to confirm compliance with this section. E. The Code Enforcement Officer shall have the discretion to deviate in whole or in part from the procedure set forth above in those circumstances where the Officer is satisfied that compliance may be assured in some other manner. Residential Rental Units § . Operating Permit Required. A. All residential rental units shall require a valid Operating Permit, subject to the terms defined in Sections 125-8 and 125-9 of the Town Code entitled "Building Construction and Fire Prevention." Before the expiration of the Operating Permit, it shall be the responsibility of the owner of the rental unit(s) to schedule a housing inspection with the Code Enforcement Department in order to obtain a new permit. B. An Operating Permit shall be issued upon verification by inspection that no violations of any applicable codes and ordinances exist. (1) An Operating Permit shall not be issued for any rental unit located on a property for which there is an outstanding violation of any section of Chapter 205 of the Town of Ithaca Code, entitled, "Property Maintenance." C. Failure of an owner of any rental unit to hold a valid Operating Permit shall be deemed a violation of this chapter, and such rental unit(s) may be ordered by a designee of the Code Enforcement Department to be vacated thirty (30) days after notice of violation, unless the property is brought into compliance within thirty (30) days. If a violation persists thirty (30) days after notification, and the property is ordered vacated, the property must be kept vacated until it is brought into compliance. D. Over-Occupancy. Verified over-occupancy will result in a violation of the Operating Permit and the issuance of an Order to Remedy, after which issuance the property owner shall have 30 days to comply with applicable occupancy limits. E. Broker's Responsibility. It shall be unlawful and a violation of this chapter for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current Operating Permit is required and has not been issued by the Code Enforcement Department. It shall be the broker or agent's duty to verify the existence of a valid Permit before acting on behalf of the owner. Notwithstanding the above, first-time rentals can be marketed by the broker for an initial 30-day period while a Permit application is pending, but in no instance can a first-time rental unit be occupied prior to receiving an Operating Permit. F. Termination of Operating Permit Due to Death or Transfer of Title. An application for a new Operating Permit shall be required within thirty (30) days of the death of the permit holder or survivor, upon the transfer of title to said premises, or, if owner-occupancy is required under the provisions of Chapter_, Section upon the permit holder no longer occupying the premises as their principal residence. Notwithstanding the foregoing, a property shall not be subject to inspection if it has passed inspection within the past sixty (60) days. § Rental Property Information Before issuing an Operating Permit, a designee of the Code Enforcement Department shall secure, as part of the Permit application, information related to the rental property sufficient enough to allow for enforcement of this chapter. § Penalties for offenses A. Any person, association, firm or corporation found by a court to have violated any provision of this chapter or to have assisted in the violation of any provision of this chapter shall be guilty of a misdemeanor, punishable: (1) By a fine of$350 or by imprisonment for a period not to exceed 6 months, or both, for conviction of a first offense. (2) By a fine of$700 or by imprisonment for a period not to exceed 6 months, or both, for conviction of the second of two offenses, both of which were committed within a period of five years. (3) By a fine of$1000 or by imprisonment for a period of one to 6 months, or both, for conviction of the third of three offenses, each of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. § Non-disclosure of Personal Information A. Under Public Officers Law § 87, Subdivision 2, Paragraph (b), personal information identifying owners of rental properties shall be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The identities of tenants will not be collected as part of the Operating Permit application process. The identities of tenants may be collected only in connection with specific enforcement actions, but shall be exempt from disclosure under the Freedom of Information Law. Owner and tenant information will only be available to Town personnel who are engaged in the enforcement of the provisions of this chapter. § Implementation. This chapter shall be effective immediately or upon filing with the Secretary of State, whichever is later. No violation of this chapter will be charged prior to the effective date of this law. § Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. § 125-8. Operating permits. A. No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the facilities listed below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in Subsection C of this section and § 125-9 below, obtained an operating permit: (1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 10 NYCRR Part 1225). (2) Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. (3) Use of pyrotechnic devices in assembly occupancies. (4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. (5) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer. (6) Multiple residences involving buildings containing three or more dwelling units. (7) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums. (8) Child and adult day-care centers and facilities as defined in Chapter 270,Zoning, of the Code of the Town of Ithaca. (9) Dormitories providing accommodations for sleeping for hire for more than four people. (10) Motels or hotels providing sleeping accommodations for hire for more than four people. (11) Residential rental units, including owner-occupied units that are eligible to be rented for 30 or more days in a calendar year. B. Any individual or entity who proposes to undertake the types of activities or operate the types of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports that the Code Enforcement Officer determines are necessary to verify conformance shall be required at the expense of the applicant and shall be conducted by such persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer. C. The Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit. D. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location,the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities. E. An operating permit shall be valid for a period of three years from its date of issuance, unless earlier revoked or suspended. F. The operating permit shall be displayed on the property or premises covered by the operating permit. G. Revocation of operating permits. Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, if information submitted in connection with the permit application or with a condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comply with applicable provisions of the Uniform Code, or where there is a violation of applicable law under which the operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. § 125-9. Firesafety and property maintenance inspections. A. The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of areas of public assembly, as defined in the Uniform Code, at least once per year. Such inspections may be made at any reasonable time. B. The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all single-family residential rental units, accessory apartments, multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day- care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings,regardless of the number sleeping accommodations. Such inspections may be made at any reasonable time. Upon completion of the inspection if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-8,upon payment of the applicable fees for the inspection and the permit. C. An inspection of a building or dwelling unit may be performed at any other time upon a request of the owner or authorized agent; or receipt of reasonable and reliable information that a violation of the Uniform Code, this chapter, Chapter 270, Zoning, or other law, rule or regulation exists. D. If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or his designee may apply to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter. E. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. 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Tioga Street Ithaca, NY 14850 Certificates Issued From: 5/1/2017 To: 513112017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2017-0128 5/1/2017 CO 67.-1-10.2 240 Farrier Rd MSTONIER ISSUED 2017-0113 5/1/2017 CC 70.-11-54 131 Muriel St DMAGNUSO ISSUED 2017-0172 5/1/2017 CC 70.-11-52 127 Muriel St MSTONIER ISSUED 2015-0696 5/2/2017 CO 65.-1-5.2 128 PALUSTRIS DRIVE MKELLY ISSUED 2017-0199 5/2/2017 CC 70.-10-3.7 1448 Hanshaw Rd MSTONIER ISSUED 2017-0035 5/2/2017 CO 62.-2-1.121 335 Pine Tree Rd BBATES ISSUED 2015-0671 5/3/2017 CO 19.-2-13 1036 EAST SHORE DRIVE MKELLY ISSUED 2016-0033 5/4/2017 CC 63.-1-8.1 651 Dryden Rd - Central Hea MKELLY ISSUED 2017-0148 5/4/2017 CC 70.-1-18 16 Muriel St MSTONIER ISSUED 2016-0038 5/4/2017 CC 70.-11-51.1 196 TAREYTON DRIVE MKELLY ISSUED 2017-0173 5/5/2017 CO 28.-1-34.22 108 Woodgate Ln MSTONIER ISSUED 2016-0163 5/8/2017 CO 28.-1-10.42 1407 Mecklenburg Rd SWILLIAMS ISSUED 2016-0164 5/8/2017 CC 28.-1-10.42 1407 Mecklenburg Rd MKELLY ISSUED 2016-0161 5/9/2017 CO 66.-3-17 224 FOREST HOME DRIVE MKELLY ISSUED 2016-0067 5/9/2017 CO 33.-1-11 210 ENFIELD FALLS RD MKELLY ISSUED 2017-0235 5/9/2017 CC 63.-2-10.2 201 Maple Ave MMOSELEY ISSUED 9541 5/9/2017 CC 18.-5-3 940A East Shore Dr MKELLY ISSUED 2015-0721 5/9/2017 CC 53.-1-14.22 341 Coddington Rd MKELLY ISSUED 2015-0692 5/9/2017 CC 19.-2-7 1106 EAST SHORE DRIVE MKELLY ISSUED 2016-0512 5/10/2017 CC 29.4-5 108 Westhaven Rd DMAGNUSO ISSUED 2015-0618 5/10/2017 CC 70.-8-6 301 SALEM DRIVE MKELLY ISSUED 2016-0216 5/10/2017 CC 61.-1-8.28 6 DOVE DRIVE MKELLY ISSUED 2017-0140 5/11/2017 CC 33.-3-2.10 122 Ithaca Beer Dr BBATES ISSUED 2017-0129 5/11/2017 CC 71.-1-11.66 309 Blackstone Ave DMAGNUSO ISSUED 2016-0238 5/11/2017 CO 16.-2-1 7 RENWICK DRIVE MKELLY ISSUED 2017-0057 5/11/2017 CC 39.-1-17 1080 Danby Rd DMAGNUSO ISSUED 2016-0201 5/11/2017 CC 70.-12-3 1311 HANSHAW ROAD MKELLY ISSUED 2017-0162 5/12/2017 CO 60.1-1-21.2 321-3 Strawberry Hill Cir MMOSELEY ISSUED Page 1 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From: 5/1/2017 To: 513112017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2017-0231 5/12/2017 CC 71.-1-11.50 318 Blackstone Ave MSTONIER ISSUED 2016-0174 5/12/2017 CO 71.-1-11.26 332 SIENA DRIVE MKELLY ISSUED 2017-0131 5/12/2017 CC 24.-3-2.1 101 Harris B Dates Dr DMAGNUSO ISSUED 2016-0240 5/15/2017 CC 58.-1-24.2 1431 SLATERVILLE ROAD MKELLY ISSUED 2017-0126 5/15/2017 CO 49.-1-21.12 688 Coddington Rd MSTONIER ISSUED 2017-0143 5/16/2017 CC 62.-2-5 126 Game Farm Rd MSTONIER ISSUED 2016-0211 5/16/2017 CC 37.-1-20.8 112 Alison Dr SWILLIAMS ISSUED 2017-0251 5/19/2017 CC 68.-1-12.2 Jessup Rd MSTONIER ISSUED 2016-0501 5/19/2017 CO 24.-3-2.223 402 Harris B Dates Dr SWILLIAMS ISSUED 2016-0504 5/23/2017 CC 58.1-1-71 71 Lois Ln MKELLY ISSUED 2017-0213 5/23/2017 CC 41.-1-30.2 953 Danby Rd MMOSELEY ISSUED 2016-0295 5/23/2017 CC 60.1-1-18.2 241-3 STRAWBERRY HILL MKELLY ISSUED 2016-0531 5/24/2017 CC 23.-1-35 1429 Trumansburg Rd SWILLIAMS ISSUED 2016-0294 5/24/2017 CC 60.1-1-18.1 241-2 STRAWBERRY HILL MKELLY ISSUED 2016-0296 5/24/2017 CC 60.1-1-18.3 241-4 STRAWBERRY HILL MKELLY ISSUED 2017-0237 5/24/2017 CC 58.-2-19 122 Pine Tree Rd MSTONIER ISSUED 2016-0181 5/25/2017 CO 57.-1-8.173 213 TUDOR ROAD MKELLY ISSUED 2016-0210 5/25/2017 CC 66.-1-4 140 FOREST HOME DRIVE MKELLY ISSUED 2016-0111 5/25/2017 CO 41.-1-30.2 148 Conservatory Dr SWILLIAMS ISSUED 2016-0055 5/25/2017 CC 16.-2-5 605 East Shore Dr DMAGNUSO ISSUED 2015-0363 5/26/2017 CO 70.-1-2 306 Muriel St MKELLY ISSUED 2017-0145 5/26/2017 CO 31.-1-1 300 Culver Rd DMAGNUSO ISSUED 2017-0118 5/30/2017 CC 43.-2-10 205 Tibet Dr BBATES ISSUED 2017-0248 5/30/2017 CC 70.-10-3.7 1448 Hanshaw Rd MSTONIER ISSUED 2015-0304 5/30/2017 CC 70.-1-38 415 WARREN ROAD MKELLY ISSUED 2017-0146 5/30/2017 CC 70.-10-1.33 106 Pinewood PI MSTONIER ISSUED 2017-0262 5/31/2017 CC 71.-7-8 1039 Hanshaw Rd MSTONIER ISSUED 2015-0707 5/31/2017 CO 24.-3-2.1 101 Harris B Dates Dr SWILLIAMS ISSUED Page 2 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From: 5/1/2017 To: 513112017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2017-0223 5/31/2017 CC 28.-1-26.85 313 RACHEL CARSON TRA MKELLY ISSUED Page 3 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Type and Status From: 5/1/2017 To: 5/31/2017 Certificate Type Certificate Status Count CC 39 CO 18 Total: 57 ISSUED 57 Page 4 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 5/1/2017 To: 5/31/2017 Date Type Tax Parcel # Legal Address Disposition 5/1/2017 REPORT OF FIRE 54.-7-45.2 225 Coddington Rd OPEN Desc: Fire reported. Fire occurred over the weekend. Tom Parsons called Bruce and indicated that it was either a two family or a three family. The property appears to be a two family with 5 unrelated persons allowed per a 12/31/99 decision. 5/1/2017 OTHER 24.-4-14.24 311-361 West Hill Cir CLOSED Desc: Someone called and left a voice message in the general voice message box stating that it was 3:30am and her rental unit (didn't specify which) had a temperature of 80 degrees with no way to change it. She said she called to complain to code dept many times and assumes they talk to management, but not directly to her and nothing else has been done about it. It's still hapenening. She spoke to Attorney General and she said that they said they don't understand why code dept isn't doing anything. She said she knows nothing is going to happen, but thought she call and complain anyway. She did not state her name with this vm and did not leave a phone number either. 5/1/2017 ZONING VIOLATION 54.-7-45.2 225 Coddington Rd OPEN Desc: Observed, what appeared to be, three units being occupied. Tom Parsons, Ithaca Fire Chief, also called Bruce Bates, Director of Code Enforcement, and indicated that there were three units on site. The units appeared to be occupied after an inspection was conducted post fire damage, see compliant 2017-063 for pictures. There are also multiple furnaces and hot water heaters, as well as three electric meters on the house. Per a special approval, issued in 6/29/83 and closed out in 12/31/99, this structure is allowed to have two units with 5 unrelated occupants (I.e. 3 occupants in the north apartment and 2 occupants in the south apartment [see minutes of ZBA 6/29/83]). Per section 270-77 B of the Town Code, there are only two unit uses allowed and not three unit uses in the High Density Residential District. 5/2/2017 LOCAL LAW 19.-2-21 1014 East Shore Dr OPEN Desc: work without a Building Permit - issued Stop Work Order 5/5/2017 OTHER 202 Cypress Ct UNFOUNDED Desc: Marcia lives above 202 Cyprus Ct#7 and is concerned about tenant below being a hoarder. Tenant moved in approx. 7 days ago but has boxes & boxes around. Marcia is worried this may cause rodents and other small creatures to her apartment upstairs (Marcia has lung cancer). She spoke to the office manager and told her they will keep an eye on it. Marcia wishes to remain anonymous. 5/5/2017 ZONING VIOLATION 47.-2-2.2 853 Coddington Rd OPEN Desc: TC Assessor found an AirBnB advertisement for this property. The ad states there is a separate 1 bedroom guest house. No record of building permit for building guest house 5/6/2017 FIRE SAFETY VIOLATIONS 200 Conifer Dr ABATED Desc: Alarm System problem. It transmits EMS alarm to West Fire, IFD and Bangs units .No room number listed/indicated, and system presents as being normal; no alarm indicated. Same is indicated at the main computer monitor in the office. This incident mirrors previous incidents at this location where we are unable to determine the exact alarm system status. in the past this necessitated a room by room search of all apartments to make sure that no occupants were in need of medical care. Determined this Page 1 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 5/1/2017 To: 5/31/2017 Date Type Tax Parcel # Legal Address Disposition too was a system malfunction. "This is a very serious historical alarm system problem associated with this address, that never seems to be correctly resolved. There is also a lack of clearly identified and placed list of contact people for us to call when there is a problem. 5/8/2017 PROPERTY MAINTENANCE 18.-2-3 932 East Shore Dr OPEN Desc: building in disrepair 5/10/2017 LOCAL LAW 70.-10-1.37 105 Maplewood Dr ABATED Desc: unpermitted second dwelling unit 5/15/2017 ZONING VIOLATION 19.-2-19 1018 East Shore Dr OPEN Desc: too many people staying there 5/16/2017 BUILDING WITHOUT A PER 71.-1-70 303 Blackstone Ave OPEN Desc: Expired Building Permit, combustion air not provided for boiler 5/17/2017 GARBAGE 116 Sapsucker Woods Rd ABATED Desc: Notice of violation by Health Dept. Accumulation of Refuse 5/18/2017 PROPERTY MAINTENANCE 151 West Hill Circle CLOSED Desc: See complaint#2017-036 5/19/2017 NOISE - Work HRS. 54.-2-1 1000 Hudson St Ext CLOSED Desc: There was machinery operating at midnight, beeping from back up alarms on trucks. This has happened twice where people are outside laughing and machinery has been operating. 5/24/2017 PROPERTY MAINTENANCE 58.-1-33.7 1443 Slaterville Rd CLOSED Desc: Dishwasher left out on shoulder of road in front of blue house for approx. 1 week. Is concerned for safety of bikers, vehicles, etc. having to go around the dishwasher. 5/25/2017 PROPERTY MAINTENANCE 70.-10-10 1430 Hanshaw Rd OPEN Desc: Tree fell on house and damaged the roof, soffit, removed a portion of the deck railing and broke three of the floor joists under the raised deck. Pictures are in the pre-site visit. Deck is deemed unsafe at this time. Roof is being repaired at this time , but homeowner states the deck will be repaired at a later date. Will contact the home owner in 30 days to see if progress is made on repairs of deck. 5/26/2017 PROPERTY MAINTENANCE 58.-1-32.9 1509-09.5 Slaterville Rd OPEN Desc: Concerned about house structure due to mice and rats getting in the house, under floor boards, and finding dead mice and rats outside. Has told land owner the problem but not responsive and also has Page 2 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 5/1/2017 To: 5/31/2017 Date Type Tax Parcel # Legal Address Disposition problems with downstair renter regarding garbage. Tenant has notify the Health Dept and they are going to inspect on Tuesday, May 30th. 5/30/2017 LACK OF HEAT 24.-4-14.24 311-361 West Hill Cir OPEN Desc: -She's in unit Apt 360 #8. This is information stated in a previous complaint -She did not state in the voice mail that she wanted to remain anonymous -She left a voice message stating the following: -For the past year, overlook was suppose be fixing the heat -Every night it's 80 degrees except for last night -Has pictures and no one pays attention -You've helped others, but not me -They do bad thins when they don't want you anymore -Moving out and don't care what anyone thinks anymore 5/30/2017 BUILDING WITHOUT A PER 71.-6-1 1101 HANSHAW RD CLOSED Desc: roofing being done without a permit. I called Carol DeSantio, real-estate agent, and she will contact the home owner to let them know they need a permit. Talked with Tina (5/31) and she indicated that she would contact the contractor to tell them they need to get a permit prior to comencing work. The contractor is from Elmira. 5/31/2017 PROPERTY MAINTENANCE 44.-1-141 20 Marcy Ct OPEN Desc: Drainage issue coming from 20 Marcy Ct- landscaping company did the pipe work for initial drainage problem which was done in the fall, and now water draining into 22 Marcy Ct. lawn/yard. Neighbor has tried talking to owner of 20 Marcy Ct and won't talk about it; she is now concern about the water problem. Neighbor (22 Marcy Ct) would like someone to come out soon and would like to be there when the inspector comes. Page 3 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 5/1/2017 To: 513112017 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 2 FIRE SAFETY VIOLATIONS 1 GARBAGE 1 LACK OF HEAT 1 LOCAL LAW 2 NOISE - Work HRS. 1 OTHER 2 PROPERTY MAINTENANCE 6 REPORT OF FIRE 1 ZONING VIOLATION 3 Total: 20 ABATED 3 CLOSED 5 OPEN 11 UNFOUNDED 1 Page 4 of 4 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From: 5/1/2017 To: 5/31/2017 Date Type Tax Parcel # Legal Address Disposition 5/1/2017 OTHER 24.-4-14.24 311-361 West Hill Cir CLOSED Desc: Someone called and left a voice message in the general voice message box stating that it was 3:30am and her rental unit (didn't specify which) had a temperature of 80 degrees with no way to change it. She said she called to complain to code dept many times and assumes they talk to management, but not directly to her and nothing else has been done about it. It's still hapenening. She spoke to Attorney General and she said that they said they don't understand why code dept isn't doing anything. She said she knows nothing is going to happen, but thought she call and complain anyway. She did not state her name with this vm and did not leave a phone number either. 5/5/2017 OTHER 202 Cypress Ct UNFOUNDED Desc: Tenant is concerned about tenant below being a hoarder. Tenant moved in approx. 7 days ago but has boxes & boxes around. Tenant is worried this may cause rodents and other small creatures to her apartment upstairs (she has lung cancer). She spoke to the office manager and told her they will keep an eye on it. Tenant wishes to remain anonymous. 5/18/2017 PROPERTY MAINTENANCE 151 West Hill Circle CLOSED Desc: See complaint#2017-036 5/19/2017 NOISE - Work HRS. 54.-2-1 1000 Hudson St Ext CLOSED Desc: There was machinery operating at midnight, beeping from back up alarms on trucks. This has happened twice where people are outside laughing and machinery has been operating. 5/24/2017 PROPERTY MAINTENANCE 58.-1-33.7 1443 Slaterville Rd CLOSED Desc: Dishwasher left out on shoulder of road in front of blue house for approx. 1 week. Is concerned for safety of bikers, vehicles, etc. having to go around the dishwasher. 5/30/2017 BUILDING WITHOUT A PER 71.-6-1 1101 HANSHAW RD CLOSED Desc: roofing being done without a permit. I called Carol DeSantio, real-estate agent, and she will contact the home owner to let them know they need a permit. Talked with Tina (5/31) and she indicated that she would contact the contractor to tell them they need to get a permit prior to comencing work. The contractor is from Elmira. Page 1 of 2 6/5/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 5/1/2017 To: 513112017 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 1 NOISE - Work HRS. 1 OTHER 2 PROPERTY MAINTENANCE 2 Total: 6 CLOSED 5 UNFOUNDED 1 Page 2 of 2