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Home My WebLink AboutTB Packet 2017-10-16 Meeting of the Ithaca Town Board Monday, October 16, 2017 at 5:30 p.m. 215 N. Tioga Street AGENDA Call to order and Pledge of Allegiance 1. Persons to be heard and board comments 2. 5:30 p.m. Public hearings on: a. Proposed local law adding a Chapter titled "Operating Permits for Certain Residential Rental Units" to the Town of Ithaca Code b. Proposed local law amending the Town of Ithaca Code, Chapter 125, titled "Building Construction and Fire Prevention" to add requirements for operating permits and inspections for certain residential rental units and to add permit requirements upon transfer of title c. Proposed local law amending the Town of Ithaca Code, Chapter 270, titled "Zoning", regarding accessory dwelling units i. Consider adoption of SEQR for a, b, & c ii. Consider adoption of local laws a, b, & c d. Proposed local law extending the moratorium on new two-family dwellings, and on the addition of a second dwelling unit to an existing one-family dwelling, through December 31, 2017 i. Consider adoption e. Waiver application from the requirements of the Town's moratorium on certain 2- family dwellings for 508 Warren Rd i. Consider approval f. Preliminary Town of Ithaca 2018 Budget g. Proposed Water and Sewer Rents charged by the Town of Ithaca i. Consider approval 3. Discuss and consider granting a PILOT agreement with Ithaca Townhomes 4. Discuss and consider approval of: a. 2018 Employee wages —Town of Ithaca b. 2018 Non-collective bargaining unit employee wages —Bolton Point/Southern Cayuga Lake Intermunicipal Water Commission 5. Discuss and consider amendments to the Town of Ithaca 2018 Budget a. Consider adoption of the 2018 Town of Ithaca Budget 6. Discuss and consider authorization to close the Town of Ithaca Hanshaw Road Walkway Capital Project Fund 7. Discuss and consider authorization to establish the Town of Ithaca State Route 96B (Danby Road) Sidewalk Capital Project Fund and transfer $95,500 from the General Townwide Fund 8. Acknowledge receipt of inspection reports of the Ferguson (Laughing Goat) and Cummins (Indian Creek Farm) Agricultural Easements 9. Discuss and consider authorization for supervisor to sign an amendment to the agreement with Consult Econ for additional services associated with the Inlet Valley Study 10. Discuss and consider authorization for the supervisor to sign an agreement regarding the Hector Street Sidewalk Design Phase 11. Discuss and consider Ithaca Beer noise permit process and noise permit application for October 21, 2017 Hopsfest with a 4-piece polka band 12. Consider Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract 13. Report of Town Officials 14. Report of Town Committees/Intermunicipal Organizations 15. Review of Correspondence 16. Consider Adjournment MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017- : (1)A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning", Re2ardin2 Accessory Dwelling Units, (2)A Local Law Adding a Chapter Titled"Operating Permits For Certain Residential Rental Units"to the Town of Ithaca Code, (3)A Local Law Amending the Town of Ithaca Code, Chapter 125 Titled "Building Construction and Fire Prevention", to Add Requirements for Operating Permits and Inspections for Certain Residential Rental Units and to Add Permit Requirements Upon Transfer of Title Whereas, on May 9, 2016, the Town enacted a moratorium on the construction of new two- family dwellings, and on the addition of a second dwelling unit to an existing one-family dwelling to provide time for the Town to study and review legal options to address issues posed by the proliferation of student rentals,particularly of two-family dwellings, in traditionally single-family neighborhoods, and Whereas, the Planning Committee, during meetings held in 2016 and 2017, along with Town staff, researched and considered legislative options for addressing rental housing issues in the Town, and Whereas, the Town Board, at a meeting held on June 12, 2017, reviewed and discussed a preliminary draft of the legislative language prepared by the Planning Committee, and Whereas, the Planning Committee, at a meeting on July 20, 2017, requested input from the Attorney for the Town on the proposed legislation, and at a Committee meeting on August 14, 2017 requested that she prepare an initial draft of the local laws addressing requirements for accessory dwelling units and rental operating permits,which the Planning Committee discussed at its meetings on September 25 and 27, 2017, and Whereas, at meetings on September 11 and 25, 2017 and October 5, 2017, the Town Board reviewed, discussed and revised the local laws and scheduled a public hearing for October 16, 2017 at 5:30 pm to hear all interested parties on the proposed local laws entitled: 1) "A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning", Regarding Accessory Dwelling Units", 2) "A Local Law Adding a Chapter Titled"Operating Permits For Certain Residential Rental Units" to the Town of Ithaca Code", 3) "A Local Law Amending the Town of Ithaca Code, Chapter 125 Titled"Building Construction and Fire Prevention", to Add Requirements for Operating Permits and Inspections for Certain Residential Rental Units and to Add Permit Requirements Upon Transfer of Title", 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 1 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 laws 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 the local laws, has, on October 16, 2017, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3, and Whereas, the Town Board finds it is in the best interest of the Town and its citizens to adopt the local laws, now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts said local laws entitled: 1) "A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning", Regarding Accessory Dwelling Units", 2) "A Local Law Adding a Chapter Titled "Operating Permits For Certain Residential Rental Units"to the Town of Ithaca Code", 3) "A Local Law Amending the Town of Ithaca Code, Chapter 125 Titled"Building Construction and Fire Prevention", to Add Requirements for Operating Permits and Inspections for Certain Residential Rental Units and to Add Permit Requirements Upon Transfer of Title", and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local laws with the Secretary of State as required by law. Moved: Seconded: Vote: 2 ° Proposed Town of Ithaca Legislation SIN Bi Summary Sheet Proposed Legislation#1: Accessory Dwelling Units - Owner occupancy requirements and modification of sizing and placement requirements. What is an accessory dwelling unit(ADU Sometimes referred to as an accessory apartment,secondary unit, in-law unit,or granny flat, these are smaller,secondary dwelling units located on a single-family lot that function independently of the primary unit,with a separate kitchen,living area,and entrance. What are the current regulations pertaining to ADUs? An ADU is allowed as an attached unit to the primary house in all residential zones in the Town. An ADU cannot be larger than 50%of the floor area of the primary house (excluding the basement area). Where the ADU is constructed entirely within the basement area, it may exceed 50%of the floor area of the primary house. With special approval from the Zoning Board of Appeals,an ADU can also be constructed as part of an accessory structure,such as a garage or barn. What is the issue and why is legislation needed? Accessory apartments were originally envisioned as a way for a homeowner to care for a relative,such as an aging parent, or as a means to supplement income from renting the ADU to offset a mortgage,taxes, or other costs of home ownership. Today, given Ithaca's lucrative student housing market,some developer/property owners are taking advantage of the Town's ADU provisions and building structures with two dwelling units as student rentals in traditional single-family neighborhoods. The current ADU size threshold has had the unintended consequence of promoting the development of some atypically large structures with full-sized (primary-unit-sized)ADUs. It has also resulted in the development of structures with equally-sized primary and ADU dwellings (by constructing the ADU in the basement),in zones where conventional duplexes are not currently allowed. What are the proposed regulations pertaining to ADUs? In all residential zones other than High Density, new ADUs must comply with owner occupancy requirements.The owner must reside in either the primary or ADU unit. This applies to an ADU constructed as part of a new home or a new ADU constructed within an existing home or accessory structure. Existing homes and properties already having an ADU will be unaffected. The owner occupancy requirements will not apply to these pre-existing ADUs in the future,even if the property is sold,or ownership is transferred. Note: The ADU must be legally recognized through building permit records. New ADUs will be limited to 70%of the size of the primary house, up to a maximum of 800 square feet. The minimum size of an ADU is 300 square feet. New ADUs may be attached to the primary dwelling,or they can be detached (stand-alone) or placed in an accessory structure (i.e.garage) in certain locations and under certain circumstances. Dated September 26,2017 ° Proposed Town of Ithaca Legislation SIN Bi Summary Sheet Proposed Legislation#2 Establishing a Residential Rental Operating Permit Program What is an Operating Permit? The Town of Ithaca will be requiring an Operating Permit for residential rental properties. Requiring an Operating Permit will achieve the same result as a rental registry,a program/tool used by many communities where rental housing is a dominant factor,and make sure that the rental unit meets basic health and safety standards. Property owners/landlords will apply for an Operating Permit with the Town every 3-5 years,at which time the property would be subject to inspection. The permit requirement will apply to all rented single-family homes and to all accessory dwelling units/apartments,whether rented or not. Why does the Town need a rental permit program? About 50%of the housing units in the Town are rental units. Having a permit program is intended to ensure that rental housing is maintained in a safe condition and is also not subject to overcrowding. The current system for code enforcement has proven ineffective because it leaves tenants vulnerable to retaliation when they report problems. A permit program would ensure that all rental units meet basic health,safety and occupancy standards by requiring regular inspections of rental homes. How would a Rental Registry program work in the Town of Ithaca? A permit program would be administered by the Town. Landlords/property owners would be required to apply for a permit for their rental property and schedule an inspection. Once a property passes inspection it would receive an Operating Permit which will allow the landlord/property owner to rent the property and which will be valid for a dedicated number of years unless revoked. The permit will be available for current and prospective tenants to see. Do other communities have a Permit/Rental Registry program? The City of Ithaca has had such a program for many years. Other communities with similar systems include Binghamton, Elmira, Canandaigua,and Syracuse. The City of Auburn is currently considering a program. Dated September 26,2017 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 125 TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION", TO ADD REQUIREMENTS FOR OPERATING PERMITS AND INSPECTIONS FOR CERTAIN RESIDENTIAL RENTAL UNITS AND TO ADD PERMIT REQUIREMENTS UPON TRANSFER OF TITLE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-8 titled "Operating permits"is amended as follows: A. By adding anew subsection A(11) reading as follows: "(11) All residential rental units and accessory dwelling units that are required to have operating permits per Ithaca Town Code Chapter (Residential Rental Units) or Town of Ithaca Code Chapter 270 (Zoning), §270-219.6.B(2). Notwithstanding any provision to the contrary in this §125-8, the occupancy of such units prior to an owner obtaining required operating permits shall be governed by the applicable provisions of Chapter (Residential Rental Units) and §270-219.6.B(2)." B. By adding the following sentence to the end of subsection E: "Notwithstanding the foregoing, an operating permit for all residential rental units and accessory dwelling units that are required to have operating permits per Ithaca Town Code Chapter (Residential Rental Units) or §270-219.6.B(2) shall be valid for a period of five years from its date of issuance, unless earlier revoked or suspended." C. By adding a new Subsection H reading as follows: "H.Transfer of title. An application for a new operating permit shall be required within sixty (60) days after the transfer of title to the premises. Provided the application for a new operating permit is timely, a property shall not be subject to inspection if it has passed inspection within one year before the application date." Section 2. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-9 titled "Firesafety and property maintenance inspections"is amended by deleting Subsection B and replacing it with a new Subsection B reading as follows: `B. (1) The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health 10/05/17 1 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 of sleeping accommodations. (2) The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all other residential rental units and accessory dwelling units that require an operating permit at least once every five years. (3) 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." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon filing with the New York State Secretary of State. 10/05/17 2 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED "ZONING", REGARDING ACCESSORY DWELLING UNITS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III(Terminology) of the Town of Ithaca Code, is amended by adding the following definition to §270-5 (Definitions): "ACCESSORY DWELLING UNIT—A second dwelling unit subordinate in size to the principal dwelling unit on a lot, located in either the principal dwelling or a separate structure. DETACHED ACCESSORY DWELLING UNIT—An accessory dwelling unit that occupies part or all of a structure that is separate from the principal dwelling on a lot." Section 2. Chapter 270 (Zoning), Article V(Conservation Zones) of the Town of Ithaca Code, §270-11 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, and (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 3. Chapter 270 (Zoning), Article V(Conservation Zones) of the Town of Ithaca Code, §270-14 titled "Permitted accessory buildings or uses"is amended by adding a new Subsection K reading as follows: "K. A detached accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, (2) For buildings constructed after the effective date of this Subsection K, the building which the accessory dwelling unit occupies is located within 150 feet of the principal dwelling, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." 10/05/17 1 Section 4. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-15 titled"Accessory buildings and uses authorized by special approval only"is deleted in its entirety. Section 5. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-16 titled"Height limitations"is amended by deleting the last sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height. Other nonagricultural accessory buildings shall not exceed 15 feet in height." Section 6. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, §270-17 titled"Yard regulations"is amended by deleting Subsection F and replacing it with the following: "F. Accessory buildings (1) Buildings occupied by a detached accessory dwelling unit: Any such buildings that are less than 200 feet from a street line must be located in a rear yard. Any such buildings that are 200 feet or more from a street line may be located any yard. All buildings occupied by a detached accessory dwelling unit must be at least 100 feet from any side lot line, and at least 200 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection H below) may not occupy any open space other than a rear yard. (3) The total lot area covered by nonagricultural accessory buildings (including garages and woodsheds) may not occupy more than 1,000 square feet of the 200 foot rear yard setback required by Subsection B above. (4) Accessory buildings (other than garages or buildings occupied by a detached accessory dwelling unit) shall be not less than 50 feet from any side or rear lot line." Section 7. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-26 titled"Permitted principal uses"is amended by deleting Subsection G and replacing it with the following: "G. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, 10/05/17 2 (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 8. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, § 270-29 titled "Permitted accessory buildings and uses"is amended as follows: A. By adding the following sentence to the end of Subsection D: "D. Any building occupied by a detached accessory dwelling unit shall count towards the 1,500 square foot limit." B. By adding a new Subsection L reading as follows: "L. If the principal use is as a one-family dwelling, a detached accessory dwelling unit, provided that: (1) The accessory dwelling unit is occupied by no more than one family, (2) For buildings constructed after the effective date of this Subsection L, the building which the accessory dwelling unit occupies is located within 150 feet of the principal dwelling, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 9. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-30 titled"Accessory buildings and uses authorized by special approval only"is deleted in its entirety. Section 10. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-31 titled "Height limitations"is amended by adding the following sentence after the first sentence in Subsection A: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height." Section 11. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca Code, §270-32 titled "Yard regulations"is amended by adding Subsection A(5)reading as follows: "(5) Buildings occupied by a detached accessory dwelling unit: Any such buildings that are less than 200 feet from a street line must be located in a rear yard. Any such buildings that are 200 feet or more from a street line may be located any yard. All buildings occupied by a detached accessory dwelling unit must be at least 50 feet from any side lot line, and at least 35 feet from a rear lot line." 10/05/17 3 Section 12. Chapter 270 (Zoning), Article VII(Lakefront Residential Zones) of the Town of Ithaca Code, §270-41 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 13. Chapter 270 (Zoning), Article VII(Lakefront Residential Zones) of the Town of Ithaca Code, §270-44 titled"Accessory buildings and uses authorized by special approval only"is amended by deleting Subsection A and re-lettering Subsection B as Subsection A. Section 14. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-54 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 15. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, §270-56 titled"Permitted accessory buildings or uses"is amended as follows: A. By deleting Subsection C and replacing it with the following: "C. Up to three accessory buildings other than a garage or a building occupied by a detached accessory dwelling unit, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory buildings may not exceed 2,000 square feet." B. By adding a new Subsection M reading as follows: 10/05/17 4 "M. A detached accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 16. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-57 titled"Accessory buildings and uses authorized by special approval only"is deleted in its entirety. Section 17. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-59 titled "Height limitations"is amended by deleting the third sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height. Other accessory buildings shall not exceed 15 feet in height." Section 18. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the Town of Ithaca Code, §270-60 titled "Yard regulations"is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Buildings occupied by a detached accessory dwelling unit: Any such buildings must be located in a rear yard, be at least 50 feet from any side lot line, and be at least 35 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 15% of the 50 foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line." Section 19. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-66 titled"Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: 10/05/17 5 "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 20. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-68 titled "Permitted accessory buildings and uses"is amended as follows: A. By deleting Subsection C and replacing it with the following: "C. Up to three accessory buildings other than a garage or a building occupied by a detached accessory dwelling unit, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory buildings may not exceed 2,000 square feet." B. By adding a new Subsection L reading as follows: "L. A detached accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 21. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, §270-69 titled"Accessory buildings and uses authorized by special approval only"is amended by deleting Subsections A and B in their entirety, and re-lettering Subsection C as Subsection A. Section 22. Chapter 270 (Zoning), Article IX(Medium Density Residential Zones) of the Town of Ithaca Code, §270-70 titled"Height limitations"is amended by deleting the third sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height. Other accessory buildings shall not exceed 15 feet in height." Section 23. Chapter 270 (Zoning), Article IX(Medium Density Residential Zones) of the Town of Ithaca Code, §270-71 titled"Yard regulations"is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings 10/05/17 6 (1) Buildings occupied by a detached accessory dwelling unit: Such buildings must be located in a rear yard, be at least 30 feet from any side lot line, and be at least 15 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the 30 foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line." Section 24. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-77 titled "Permitted principal uses"is amended by deleting Subsection B and replacing it with the following: "B. A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit,provided that: (1) The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant, (2) The accessory dwelling unit is occupied by no more than one family, and (3) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 25. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-79 titled "Permitted accessory buildings and uses"is amended as follows: A. By deleting Subsection C and replacing it with the following: "C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 800 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. A building occupied by a detached accessory dwelling unit shall count towards the square footage limits of this Subsection C." B. By adding a new Subsection J reading as follows: 10/05/17 7 "J. A detached accessory dwelling unit,provided that: (1) The accessory dwelling unit is occupied by no more than one family, and (2) The applicable requirements of§270-219.6 (Accessory dwelling units) are met." Section 26. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-80 titled "Accessory buildings and uses authorized by special approval only"is deleted in its entirety. Section 27. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-81 titled "Height limitations"is amended by deleting the third sentence and replacing it with the following: "A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height. Other accessory buildings shall not exceed 15 feet in height." Section 28. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, §270-82 titled "Yard regulations"is amended by deleting Subsection E and replacing it with the following: "E. Accessory buildings (1) Buildings occupied by a detached accessory dwelling unit: Such buildings must be located in a rear yard, be at least 20 feet from any side lot line, and be at least 15 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the 30 foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line." Section 29. Chapter 270 (Zoning), Article XXVI(Special Regulations) of the Town of Ithaca Code, is amended by deleting §270-216, titled"Elder cottages,"in its entirety. 10/05/17 8 Section 30. Chapter 270 (Zoning), Article XXVI(Special Regulations) of the Town of Ithaca Code, is amended by adding §270-219.6 reading as follows: "270-219.6 Accessory dwelling units. A. Purpose and intent. It is the specific purpose and intent of this section to allow accessory dwelling units in Conservation, Agricultural and residential zones (as set forth elsewhere in this chapter) 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 requirements are hereby set forth for accessory dwelling units and their related uses. These requirements are in addition to any other requirements for accessory dwelling units set forth elsewhere in this chapter. B. Requirements applicable to all accessory dwelling units. (1) Floor area. The floor area of the accessory dwelling unit may not exceed 800 square feet or 70% of the floor area of the principal dwelling unit, whichever is less. (2) Operating permit. (a) Operating permits issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §125-8, are required for all accessory dwelling units while they exist on a lot, except as provided in paragraph b below. (b)No operating permit is required while an accessory dwelling unit is the principal residence of at least one of the property owners. (c) Owners of accessory dwelling units that exist as of the effective date of this §270- 219.6 must apply for operating permits for the accessory dwelling units by May 1, 2018. Owners of accessory dwelling units that are created after the effective date of this §270-219.6 must apply for operating permits at least 15 days prior to issuance of a certificate of occupancy. If an operating permit is granted after an inspection, the operating permit must thereafter be maintained at all times during which the accessory dwelling unit exists on the lot. Before the expiration or renewal of the operating permit, it shall be the responsibility of the owner of the accessory dwelling unit(s) to schedule a housing inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit. 10/05/17 9 (d) The Code Enforcement Department shall issue an operating permit upon verification by inspection that no violations of any applicable codes, laws or ordinances exist. (e) An operating permit shall not be issued for any accessory dwelling unit located on a property for which there is an outstanding violation of Town of Ithaca Code Chapter 205 (Property Maintenance.) (f) Failure of an owner of any accessory dwelling unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted while the accessory dwelling unit exists, shall be deemed a violation of this chapter, and in addition to the other enforcement mechanisms and remedies set forth in this chapter, a Code Enforcement Officer may order that such accessory dwelling unit(s)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. (g) Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. After the issuance of an Order to Remedy, the property owner shall have 30 days to comply with applicable occupancy limits. (h) Broker's responsibility. It shall be unlawful and a violation of this chapter for any real estate broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any accessory dwelling unit for which a current operating permit is required if no current operating permit has been issued by the Code Enforcement Department and there is no valid pending application for an operating permit. It shall be the broker's or agent's duty to verify the existence of a valid permit or application before acting on behalf of the owner. (i) Before issuing an operating permit, the Code Enforcement Department shall secure, as part of the permit application, information related to the property sufficient enough to allow for enforcement of this chapter. (j) Pursuant to Public Officers Law Article 6 (also known as the Freedom of Information Law), §87(2)(b),personal information identifying tenants may 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 Town of Ithaca will not collect the identities of tenants as part of the operating permit application process. The identities of tenants may be collected in connection with specific enforcement actions, but the identities may be exempt from disclosure under the Freedom of Information Law. (3) Owner occupancy. 10/05/17 10 (a) There is no owner occupancy requirement for properties in the High Density Residential Zone, or for properties that contain accessory dwelling units that exist as of the effective date of this Section 219.6. (b) For all other properties, one of the dwelling units on a lot containing an accessory dwelling unit must be the principal residence of at least one of the property owners, except as provided below. No other owner(s) shall own a larger percentage, collectively or individually, than the owner-occupant(s), who must reside in the dwelling unit for a minimum of 185 days per year. Once every five years, the owner occupancy requirement shall not apply for up to twelve consecutive months. An operating permit is required for the dwelling unit vacated by the owner during the period that the dwelling unit is rented. (4) Reversion to classification without accessory dwelling unit. To establish that a property that contained an accessory dwelling unit no longer contains such unit, 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 complete living facilities for one family no longer exist. (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: (i) the facilities referred to above have been removed; (ii) said facilities will not be reinstalled without a building permit or other approval from the Code Enforcement Department; and (iii) 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 property and the name of the then-owner of the property. (d) A Code Enforcement Officer may inspect the premises to confirm compliance with this subsection. (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. 10/05/17 11 C. Additional requirements applicable to detached accessory dwelling units. (1) No other accessory dwelling units may be located on the lot, (2) If the street-facing facade of the building occupied by a detached accessory dwelling unit is visible from the street line, at least 20% of the street-facing facade must have window or door openings, and (3) For buildings constructed after the effective date of this Subsection C, the minimum required roof pitch of the building occupied by a detached accessory dwelling unit is 4:12." Section 31. Chapter 270 (Zoning), Article XXVII (General Provisions) of the Town of Ithaca Code, is amended by deleting the text of§270-220 titled "Building floor area" and replacing it with the following: "No dwelling in any zone shall be erected or altered so as to provide for less than 300 square feet of net enclosed floor area." Section 32. Statement of Authority and Supersession. A. The Town Board adopts this local law pursuant to authority in the New York State Constitution, Article IX, Section 2; section 10 of the New York Municipal Home Rule Law; section 10 of the Statute of Local Governments; the relevant provisions of the Town Law of the State of New York; the laws of the Town of Ithaca; and the general police power vested with the Town of Ithaca to promote the health, safety and welfare of all residents and property owners in the Town. B. This local law shall take precedence over and shall be considered controlling over contrary laws, ordinances and provisions. It is the intent of the Town Board,pursuant to authority under section 10, subdivision 1(ii)(d)(3), and section 22 of the Municipal Home Rule Law, to supersede inconsistent provisions of the New York State Town Law and the Code of the Town of Ithaca. The Town Board intends to supersede, and the instant local law hereby supersedes, section 262 of the Town Law of New York State to the extent that the uniformity provisions of said section are inconsistent with any provision herein. Section 33. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 34. This local law shall take effect immediately upon its filing with the New York Secretary of State. 10/05/17 12 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW ADDING A CHAPTER TITLED "OPERATING PERMITS FOR CERTAIN RESIDENTIAL RENTAL UNITS" TO THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding Chapter , titled "Operating Permits for Certain Residential Rental Units,"reading as follows: "Chapter Operating Permits for Certain Residential Rental Units § 4. Applicability. This chapter applies to all residential rental dwelling units except: A. Accessory dwelling units, as that term is defined in Town of Ithaca Code Chapter 270 (Zoning), §270-5. Accessory dwelling units are subject to operating permit requirements in Town Code §270-219.6.B(2). B. Units in multiple-family dwellings, as that term is defined in Town of Ithaca Code Chapter 270, Zoning, §270-5. Multiple family dwellings are subject to operating permit requirements in Town of Ithaca Code, Chapter 125 (Building Construction and Fire Prevention), §125-8. § -2. Operating permit required. A. Throughout the term of rental occupancy, all residential rental dwelling units shall require a valid operating permit issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), §125-8. Before the expiration or renewal of the operating permit, it shall be the responsibility of the owner of the rental unit(s) to schedule a housing inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit. B. The Code Enforcement Department shall issue an operating permit upon verification by inspection that no violations of any applicable codes, laws or ordinances exist. C. An operating permit shall not be issued for any residential rental unit located on a property for which there is an outstanding violation of Town of Ithaca Code Chapter 205 (Property Maintenance.) 10/05/17 1 D. Owners of residential rental units that are rented as of the effective date of this Chapter must apply for operating permits for the rental units by November 1, 2018. Owners of residential rental units that are rented after the effective date of this Chapter must apply for operating permits at least 15 days prior to rental. E. Failure of an owner of any residential rental unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted throughout the period of rental occupancy, shall be deemed a violation of this chapter, and a Code Enforcement Officer may order that such rental unit(s)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. F. Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. After the issuance of an Order to Remedy, the property owner shall have 30 days to comply with applicable occupancy limits. G. Broker's responsibility. It shall be unlawful and a violation of this chapter for any real estate broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any residential rental dwelling unit for which a current operating permit is required if no current operating permit has been issued by the Code Enforcement Department and there is no valid pending application for an operating permit. It shall be the broker's or agent's duty to verify the existence of a valid permit or application before acting on behalf of the owner. § -3. Rental property information. Before issuing an operating permit, 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. § --4. Penalties for offenses. A. Any person, association, firm, corporation or other entity 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. 10/05/17 2 (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. § -5. Collection of personal information. Pursuant to Public Officers Law Article 6 (also known as the Freedom of Information Law), §87(2)(b),personal information identifying tenants may 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 Town of Ithaca will not collect the identities of tenants as part of the operating permit application process. The identities of tenants may be collected in connection with specific enforcement actions, but the identities may be exempt from disclosure under the Freedom of Information Law." Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 10/05/17 3 MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017 - Adopt Local Law—of 2017 Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through December 31, 2017 Whereas, the Town Board of the Town of Ithaca adopted Local Law 5 of 2016 entitled Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, for a Period of Two Hundred Seventy (270) Days; and Whereas, on February 2, 2017, the Town Board adopted Local Law 2 of 2017 entitled "A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31, 2017,"which local law was set to expire on July 31, 2017; and Whereas, on July 24, 2017, the Town Board adopted Local Law 11 of 2017 entitled "A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through October 31, 2017," which local law is set to expire on October 31, 2017; and Whereas, the Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings; and Whereas, the Town Board and Planning Committee discussed preliminary draft legislation at various meetings in June, July and August, 2017, and the Town Board and Planning Committee discussed and revised proposed local laws at various meetings in September and October, 2017; and Whereas, the Town Board has been receiving written public comments on the proposed local laws, and it held a public hearing on the proposed local laws on October 16, 2017 at which it heard additional public comments, and Whereas, the Town Board anticipates that its review, study and consideration of the public comments and proposed local laws can be completed, and final legislation, if needed, can be drafted and properly adopted by December 31, 2017; and Whereas, the Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board finalizes such legislation; and Whereas, extension of the moratorium until December 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the 1 consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation; and Whereas, at its meeting on October 6, 2017, the Town Board discussed a local law to extend the moratorium until December 31, 2017, and set a public hearing for October 16, 2017 at 5:30 p.m. to receive public comments on it; and Whereas, a notice of public hearing was duly advertised in the Ithaca Journal and said public hearing was duly held on October 16, 2017 at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "adoption of a moratorium on land development or construction" pursuant to 6 NYCRR § 617.5(c)(30), and thus adoption of the proposed local law is not subject to review under SEQRA; now therefore be it Resolved, that Local Law of 2017 entitled Extending the Moratorium on New Two- Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling, through December 31, 2017 is hereby adopted, and be it further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: 2 MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017 - Adopt Local Law—of 2017 Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through December 31, 2017 Whereas, the Town Board of the Town of Ithaca adopted Local Law 5 of 2016 entitled Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, for a Period of Two Hundred Seventy (270) Days; and Whereas, on February 2, 2017, the Town Board adopted Local Law 2 of 2017 entitled "A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31, 2017,"which local law was set to expire on July 31, 2017; and Whereas, on July 24, 2017, the Town Board adopted Local Law 11 of 2017 entitled "A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through October 31, 2017," which local law is set to expire on October 31, 2017; and Whereas, the Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings; and Whereas, the Town Board and Planning Committee discussed preliminary draft legislation at various meetings in June, July and August, 2017, and the Town Board and Planning Committee discussed and revised proposed local laws at various meetings in September and October, 2017; and Whereas, the Town Board has been receiving written public comments on the proposed local laws, and it held a public hearing on the proposed local laws on October 16, 2017 at which it heard additional public comments, and Whereas, the Town Board anticipates that its review, study and consideration of the public comments and proposed local laws can be completed, and final legislation, if needed, can be drafted and properly adopted by December 31, 2017; and Whereas, the Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board finalizes such legislation; and Whereas, extension of the moratorium until December 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the 1 consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation; and Whereas, at its meeting on October 6, 2017, the Town Board discussed a local law to extend the moratorium until December 31, 2017, and set a public hearing for October 16, 2017 at 5:30 p.m. to receive public comments on it; and Whereas, a notice of public hearing was duly advertised in the Ithaca Journal and said public hearing was duly held on October 16, 2017 at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "adoption of a moratorium on land development or construction" pursuant to 6 NYCRR § 617.5(c)(30), and thus adoption of the proposed local law is not subject to review under SEQRA; now therefore be it Resolved, that Local Law of 2017 entitled Extending the Moratorium on New Two- Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling, through December 31, 2017 is hereby adopted, and be it further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: 2 Dear Members of the Town of Ithaca Board, 10/3/17 This letter in reference to the property located at 508 Warren Road in the Town of Ithaca, for which we are requesting a waiver to Local Law No. 5 of the Year 2016, in accordance with section 4 of this law. We are requesting this waiver with a full understanding of the basis of this moratorium, and with sincere intentions to honor the character and integrity of the neighborhood, the rights and well-being of the neighbors, and the laws regarding housing, as established by the Board. The primary reason for our request is financial hardship; and in this letter, we will explain the evolution of our current situation, in hopes that Board members will understand and sympathize with the rationale for this request. We sincerely appreciate the time and effort of the Board on our behalf, as we understand how busy you are and how vital your work is to the health, safety, and well-being of our community. We acquired this property in September, 2016, with the intention of using it as a rental property to help pay for our childrens' educational loans, which total approximately$300,000 of indebtedness and for which we are making monthly payments of approximately$2000. As we are sure members of the Board have likely experienced in their own lives, the situation with educational indebtedness in our country is a very serious issue, and our children simply cannot afford the predatory interest rates and monthly payments associated with their obtaining their respective undergraduate and graduate degrees. When we first looked at this property, we were encouraged by the fact that it is in a family- oriented, good neighborhood, and that it was in very good condition. We also observed that the lower level of the property had two separate entrances, a full bathroom, a kitchen sink with cabinets and spaces for a stove and refrigerator, a finished living room with paneling and linoleum flooring, a built-in entertainment center/shelving unit, and a telephone, and that the house had two separate HVAC units (with separate outdoor compressors) and two separate hot water heaters. In looking at the property, it was clear to us that the lower level had been used as a separate living space. Given our assumption that the lower level would be a good living space with appropriate renovation/updating, we felt that renting this property as a two-unit rental would be a good way for us to help our children (and ourselves) out financially. Prior to purchasing the property, we called the Department of Code Enforcement to verify that this property was appropriately zoned for two units and that it would be legal to rent as a two unit, and we were told that this would be acceptable. We were not notified about Local Law No. 5 of 2016, so we assumed that our intentions to renovate the lower level and rent out the property as a two-unit property were legal and consistent with local housing laws. We then proceeded to purchase the property and to renovate the lower level, after making it clear to our contractors that we wanted any renovations to be consistent with all housing codes. We were advised that for the type of renovation we had planned, we did not need permits, so we proceeded with the renovation, ultimately spending in excess of$75,000 to make it a modern, safe, attractive property. This renovation was a long and drawn-out process, but we were ultimately very happy with the results. We would like the Board to know that when looking for prospective tenants, we were very selective and careful to make sure that the living situation in the house was consistent with that of the neighborhood, as we are very sensitive and sympathetic to the issues that prompted the Board to decide upon a moratorium for two-unit properties in the first place. We have lived in the Ithaca area for 30 years and have gotten to know and love its neighborhoods very well, and it was never our intention to disrespect the character of the Northeast neighborhood in which this property lies by renting to inconsiderate, immature, loud, disruptive, and/or irresponsible tenants. Quite the contrary. We were lucky enough to identify a family of four from Denmark with two young children (elementary school age) in which the mother is pursuing a Master's degree at Cornell University for the upstairs and a young professional couple to occupy the lower level. Parking for these families was ample, the back yard and deck were wonderful for the children, and we completely renovated the outdoor access to the lower level, making it much more visually appealing and safer by installing a very attractive and effective bannister for the stairs, high quality pavers for the walkway, and motion-activated lighting on the stairs and entrance to the lower level. These outdoor improvements cost us an additional $1500. We also contracted with a landscaping company to take care of mowing and trimming the yard, so the appearance of this property has actually been improved since we acquired it. After a smooth transition by the occupants of the two levels of this house, we were shocked to receive a phone call from the upstairs tenants in early May of 2017 informing us that a town inspector had come by and asked about who was living in the lower level of the property. They told us that the inspector had informed them that the lower level was an illegal apartment, and we immediately called Bruce Bates, Director of Code Enforcement in the Town of Ithaca, to speak with him and to explain our understanding of why we proceeded as we had. Mr. Bates was very helpful and thorough, but he was insistent that the lower level was illegal and he told us that we had 30 days to vacate the lower level of the property and that it could not be occupied by tenants. As you can imagine, this was a very difficult situation, as we had to inform the tenants in the lower level of this determination after having recently signed a lease with them. We then had to pay to house them in a hotel until they were able to find an appropriate alternative rental, and then had to pay their moving costs. In total, addressing the relocation of these tenants cost us an additional $2000. Please understand that it was never our intention to do anything illegal or immoral in acquiring this property and renting it as a two unit. We honestly thought that, given the fact that the lower level appeared to have been occupied, that we had contacted the Department of Code Enforcement and had not been told that anything was amiss, and that our contractors did not think that the renovations undertaken warranted a permit, we were undertaking this project in a legal and moral manner. We realize now that this was not the case, but we have already lost a significant amount of money and will continue to do so if the lower level cannot be certified as a legal rental unit. If it is not, we have been informed by Mr. Bates that even if we open the whole house up to rent it as a one unit, we will have to remove either the bathroom or kitchen in the lower level, both of which we have spent a significant amount of money on for recent renovations. This would compound our financial losses significantly. It is important to us that the Board understands that we are in agreement regarding the rationale for reconsideration of housing practices with respect to potential negative effects of neighborhoods that may be caused by irresponsible landlords renting unsafe apartments to inappropriately large numbers of transient tenants that do not respect their neighbors. It is not our intention to negatively impact the wonderful neighborhood in which this property sits. We believe, in fact, that we have not only improved the physical appearance of the property by the renovations and continued maintenance that we have undertaken, but also that we have strived to be consistent with the demographics of those that live in the neighborhood by actively seeking out tenants that are responsible, considerate, and that make positive contributions to the neighborhood and it residents. We are not absentee landlords, and have, in fact, had the opportunity to interact positively with one of the neighbors, who raised concerns regarding the line along which the landscaping maintenance company that we have hired was mowing the front and back lawns. We resolved this issue quite amicably, gave this neighbor our contact information, and asked that he contact us if he had any concerns about the property or its tenants. We even offered to work with him on the removal of a tree in the backyard of our property that he has wanted to remove for quite a long time, but could not convince the previous owners to remove. We have every desire to maintain the character of this great neighborhood, and have actively worked toward doing so. In closing, we respectfully request that we allowed to rent the upper and lower levels of this property as two separate units, as an inability to do this would impose undue financial hardship on our family. We pledge that if we are allowed to do so, we will manage this rental in a manner that not only maintains the character of the great neighborhood in which it is located, but enhances it. We would be happy to provide any documentation that the Board deems necessary to review, and we sincerely thank its members in advance for your time and consideration. Sincerely, Michelle and Bruce Kornreich MEETING OF THE ITHACA TOWN BOARD Monday, October 16,2017 TB Resolution 2017— Increasing Sewer Rents in the Town of Ithaca Sewer Improvement Area and Increasing Water Rates Chargeable to Consumers of Water in the Town of Ithaca Effective January 1, 2018 Whereas, the Town Board of the Town of Ithaca wishes to revise the sewer rent and water rate schedules for the Town of Ithaca Sewer Improvement Area and the Town of Ithaca Water Improvement Area; and Whereas, a public hearing, duly advertised and posted as required by law, was held at 215 North Tioga Street, Ithaca, New York on the 16th day of October 2017, and the public was permitted an opportunity to be heard on the proposed increases; and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed resolution is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus this action is not subject to review under SEQRA; Now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby establishes and imposes the following: (1) Effective January 1, 2018 there is hereby imposed a sewer rent payable by all users connected to the Town-wide sewer system at a rate of $4.81 per 1,000 gallons of water consumed. (2) In addition, and notwithstanding the foregoing rate structure, there shall be a minimum base charge for regular quarterly bills sent on or after January 1, 2018 in the amount of $24.05, which minimum charge is based on 5,000 gallons of usage, regardless of whether that amount is actually used. (3) Multiple housing and mobile home parks of over two dwelling units, using a master water meter, will be computed as follows: The quarterly master water meter reading will be divided by the number of dwelling units and the sewer rent charge will be figured on this number as if the unit was individually metered. The sewer rent will then be multiplied by the number of units on the master water meter and this will be the billing rendered and the amount payable. If the calculation of the water consumed per dwelling unit is less than the amount that would be permitted before exceeding the minimum sewer rent set forth above, then the billing will be calculated by multiplying the number of units served by the master water meter times the minimum sewer rent set forth above. 1 (4) The charges set forth above shall be effective with respect to bills rendered on or after the effective dates set forth above, even if the measurement is for consumption prior to the above effective dates (i.e., any bill rendered on or after January 1, 2018, shall be calculated at the 2018 rate even if the sewer use occurred prior to January 1, 2018). (5) In the event a property is connected to public sewer, but is not connected to a water meter, the sewer rent shall be based upon estimated water consumption as reasonably determined by the Director of Public Works based upon recognized methods of estimating typical consumption for the type of facility involved (e.g., gallons per day per bedroom). Further Resolved, that the Town Board of the Town of Ithaca hereby establishes a water rate of $7.31 per 1,000 gallons of water consumed with the following water rate schedule: WATER RATE SCHEDULE Effective January 1, 2018 The rate charged for water consumption shall be $7.31 per 1,000 gallons of water consumed. The foregoing rate will be the rate charged for all regular quarterly bills sent on or after January 1, 2018. Actual or base consumption may occur prior to January 1, 2018. Notwithstanding the foregoing rates, the following minimum base charges shall be applicable to the meter size indicated below for regular quarterly bills issued on or after January 1, 2018. The table below also shows the amount of water consumption that is permitted before the minimum base charge would be exceeded: METER SIZE BASE MINIMUM (INCHES) CONSUMPTION CHARGE (in Gallons) 3/4 5,000 $ 36.55 1 15,000 $ 109.65 1-1/2 22,500 $ 164.48 2 45,000 $ 328.95 3 70,000 $ 511.70 4 100,000 $ 731.00 6 175,000 $ 1,279.25 2 Multiple Housing and mobile home parks of over 2 dwelling units, using a master meter, will be computed as follows: The quarterly master meter reading will be divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered. The water charge will then be multiplied by the number of units on the master meter and this will be the billing rendered. If the calculation of the water consumed per dwelling unit is less than the allowable consumption for a three-quarter inch meter, then the billing will be calculated by multiplying the number of units on the master meter times the minimum charge for a three-quarter inch meter. The water application fee for each new application for water service shall be the charges for new water connections charged by the Southern Cayuga Lake Intermunicipal Water Commission including application fees, meter charges, service tap fees, inspection fees, accessory materials, installation costs, and any other fee or cost charged by the Southern Cayuga Lake Intermunicipal Water Commission for connecting new water services. An annual charge for each fire protection main serving a fire suppression system will be billed along with the first quarterly water bill of the calendar year. The annual charge for this service shall be $22.00 per diameter inch of the pipe supplying the fire suppression system or such other amount as is charged by the Southern Cayuga Lake Intermunicipal Water Commission for such systems. The pipe supplying the fire suppression system is the pipe needed to supply the fire suppression system, installed downstream of the system control valve. In addition to any other charges due to the Southern Cayuga Lake Intermunicipal Water Commission or the Town, there shall also be due to the Town a charge of$68.50 for disconnecting and a charge of $68.50 for reconnecting water service where water service has been disconnected pursuant to Town Code § 261-4 for failure to pay water rates or other charges. Moved: Seconded: Vote: Ayes— 3 MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017- : Approval of 2018 Employee Wages Whereas, the governing Town Board of the Town of Ithaca has reviewed the proposed wages for the Town of Ithaca non-collective bargaining employees for the year 2018, utilizing the 2%wage scales approved by the Town Board October 5, 2017; and Whereas, the Board has reviewed the wages established by the collective bargaining agreement with the Public Works unit represented by Teamsters Local 317; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby approve the said wages for the non-collective bargaining employees and collective bargaining employees for 2018, as filed in the Human Resources Office. 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LL LL TL 0 (D 0 m U)en C7 CD 10 (D 0 0 0 W® Z 0 tmo E E 8 cm QtyW X CEL IL ED,- co C = ® C4 M 16 co P-I CIL OL m C, en Town of Ithaca 2018 Budget 2%budget 26 pays DRAFT I7�201"1 t 102.01%, �� u�1��Ili.1.. with PPV ii,C:iWes 75 hours x 26 `80 hours x lepat'Imer'rt 01!011118 pays ' 1950 26 pays => 2080 ichinrige^t-current Town of Ithaca 2018 Budget 917/2017 TB 2017-777 NON•CLASSED EMPLOYEES DRAFT Approved% 102 0%W1 certain position Changes EMPLOYEE 2017Bud et 1 u get %In ase Town Justices I;Paid W wia*Wy� Salk,James .380.OQ. $ ,"�"23,850.00. 2.01% Klein,David ,$i "23;380.00: 2.01% combined 2017 combined 2018 Town Super S 54,890 00 S 55 995 00 Deputy TS $ 14,081.00 S 1436500 Total $ 66,971 00 S 7D360 00 Tom Board Perm (oryrra $ 141681,00 1111 ,�„, , 65„mow 2.02% Elected Officials (6 members Paid Lax pear;i S 84,486.00 $ 86,190.00 Town SupervisorlFi l OH'tceril,bgt=40%of full amount) 5; 22;086.00- S 22 535.00 201% Administrator function for Town(bgt,,.60%of full amount) 32,800.00 S 33 460.00 2.01% Deputy Town Supervisor Total Town Super&Deputy $ 54,690.00 $ 55,995.00 201% Receiver of Taxes to get cola each yr S"' 51,462,00' 2 00% per meeting rates change an even yrs Planning Board Members Per,. ty6 00 �� . 5 88 00', 233% Per meeting x 24 mee ingsx 6 members+1 all $ 14,448 00 S 14,784 00 Per Meeting $ 92 00 $ 94 06 2 17% m,.,, ..... Planning Chairman (24meatings) $ .20800 S 225600 ZoWng Board Members F' ",b' 2.33% Pier meeting x 12 meetings x 5 members IS 2 Alt. S 7,22400 S 7,392 00 Tota"i Nan-Classed $ 215,478 00 $ 219,688 00 2.05% Actual u get per u go y person not account person Difference %CHANGE S 215,47600 $ 219,8811 $ 4,410.00 205% Personnel wAong $ 3,380,994.80 S 3738,207.08 $ 357.212.28 10.57% includes longevity TOTAL S 3,596,472 80 $ 3„958,095.08 $ 361,622.28 110.05% $ 23,149.92 people vsbudget Adopted Budget Salary Budgets for for,100&,101&.103&.110 %bd t increase S Increase 2018 $ 3,981,245.00 9.57% $ 347,825.00 +civ enq+wnrerk supor+labor+inters 2retimment ri 2017 $ aim 3,633,420.00 9.05% S 301,414.50 +msuper deputy iiECED+dieereni 2016 S 3,332,005.50 0.46% S 15.350.50 PWF and Codes ch s 7015 $ 3.316.655.00 4.22% $ 134,26501) 34„265 00 27 pa s for hdy+hire to yob 7104 $ 3,182,390.00 1.70”' $ 53,060.00 hire to lap rate lumps-Sustain pint 717'1;1 $ 3,129,330.00 302% $ 91.7850 0 ss otpositions a him to job mte;uurnps 711117 $ 3,037,545.00 0.36% S 1093500 -30 him pm act cli cless TC+Pu(asst a„odss&Court 210 1 V S 3,026,610.00 0.13% $ 3,79000 .1 pLanner+10 hr Code new IDIIr Ran pay,rtei CA pay-ar cvil ving IOaea^,tt::nw vaq- 7'171011 3 3,022,820.00 -1.2756 $ (38,900 00)mor;Ens.TC dericat-5 PWD doncal 71009 $ 3,061,720.00 6.45"'1!ru S 185,558 00 Dr CO,Mgmt salary at 40 hmi 21000 S 2,876,162.00 6.97% $ 187,372 00 +pinr+code enf+2 seas labor+2 zba alit+1 pb all rYllliy'III' $ 2,688,79D.00 3.16"'1r $ 82,320 00 •Dir 82+pinr(Pn to tnD+temp pint 3 mors 21773 $ 2,606,470.00 3.16% $ 79,925 00 +Plra(n np-rn)-Dw efL l lmths 111105 $ 2,526,545.00 6.421t1r $ 152,345 00 +Code Enk+ 2 septa rabrreap urn 89)0 $ 2.374,200.00 8.231rx'irn S 180,580 00 27 paydro0s+Roc Can+Sr Eng itch&Mains Wrk&Cur Gk Fri !72017 S 2,193,620.00 7.12"7p $ 145,77000 asst4ghnlprinaca3'i"5 !20102 $ 2,047,850.00 16.37% S 286,040.63 -pd RecTaa+4 seasonal Latton+Plso1 inlem t�u7�11„1gt r I;tllrlh 2%e'u1-Ibd1'i;tV%T:210'rc1*WS11 1Eraaot..71tl,1pRsFT.i nth arhget 111 s zbi, I.�a I�e v", ap �q CIA . .. 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N N N N T T O N -- - ---- -- - 9 v3 v3 v3 V3 KO K co N a s v3 J e = s 0 U r p - ¢rn = Q N LL Z s 2,6 75 m e = m s 0 V N ami O O O O O � 0 0 b0 5' 0 0 Y Y G N W vN v3 v3 v3 v3 v3 v3 v3 v3 v3 v3 f» v3 v3 v3 v3 v3 f»f» v3 v3 v3 v3 v3 v3 v3 v3 v3 v3 v3 v3 v3 f» aU U raw] N LL Z s �k�» �k�» 0 0 0 0 \ \ e = s a a w w Fc �,oQ c4 cv co v,c. a d � E � L � u a ti " o 4w La q\ \ ) �lH �\ \\ l \\ u : — § _ ; ] } \ 0 2 - - [ ' - \ / / \ � 17 E k\ 777 , \\ - \ _ ; ] o } \ o \ - \ ^ ® ; \ § ? ~ ??~ ~ ? ! g) ) ± k / 722 /3: / e2 :w "RP MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017 - : Adoption of the 2018 Ithaca Town Budget Whereas the Town Board has discussed the Preliminary 2018 Ithaca Town Budget at its October 51' and October 161'meetings, and Whereas a number of amendments were discussed and approved, now therefore be it Resolved that the Town Board hereby adopts the Preliminary 2018 Ithaca Town Budget, with approved amendments, as the 2018 Ithaca Town Budget. Moved: Seconded: Vote: Ayes — MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017- Authorization to Close the Town of Ithaca Hanshaw Road Walkway Capital Proiect Fund Whereas, the Town Board of the Town of Ithaca authorized the Town of Ithaca Hanshaw Road Walkway Capital Project Fund under Resolution No. 2011-208 on December 12, 2011; and Whereas, the Town Highway Superintendent/Director of Public Works and Town Engineer have certified the Hanshaw Road Walkway project has been completed to the satisfaction of the Town; and Whereas, after satisfying all obligations and liabilities of the fund there remains a positive equity in the approximate amount of$68,575.00; now, therefore, be it Resolved, after discussion with the Town Highway Superintendent/Director of Public Works this Town Board declares said project complete; and be it further Resolved, that the Town Board approves, authorizes and directs the Town Finance Officer to close the accounting and financial records for the Town of Ithaca Hanshaw Road Walkway Capital Project Fund; and be it further Resolved, that the Town Board approves, authorizes and directs that the remaining equity in said fund be transferred to the General Townwide Fund. Moved: Seconded: Vote: Ayes - MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017- : Authorization to Establish the Town of Ithaca State Route 96B (Danby Road) Sidewalk Capital Proiect Fund and Transfer $95,500 from the General Townwide Fund. Whereas, the State Route 96B (Danby Road) Sidewalk Project, having NYS DOT Project Identification Number 395062 ("the Project"), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds (i.e. local/Town funds) with total project costs estimated at $1,477,500; and Whereas, on August 7, 2017 the Ithaca Town Board adopted Resolution No. 2017-094 to approve the above-referenced Project and make a commitment of 100% of the non-federal share of the costs of the initial Project phase ("pre-construction phase") involving engineering design and right-of-way incidentals ($35,460); and Whereas, in the above-referenced Resolution, the Ithaca Town Board authorized the Town of Ithaca to pay in the first instance (i.e. pay up front) 100% of the Federal and non- Federal share of the cost of the engineering design and right-of-way incidentals for the Project or portions thereof, and appropriated the sum of$177,300 thereby made available to cover the cost of participation in the preconstruction phase of the Project; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca authorizes the establishment of the Town of Ithaca State Route 96B (Danby Road) Sidewalk Capital Project Fund to record all necessary and appropriate budgetary and cash transactions for this Project; and be it further Resolved, that the Town Finance Officer is authorized and directed to record all necessary and appropriate transactions transferring $95,500 from the General Townwide Fund to the Town of Ithaca State Route 96B (Danby Road) Sidewalk Capital Project Fund. Moved: Seconded: Vote: Ayes— TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: SEPTEMBER 26, 2017 RE: ANNUAL AGRICULTURAL CONSERVATION EASEMENT INSPECTIONS - LAUGHING GOAT FIBER FARM - INDIAN CREEK FARM Attached are copies of the completed Annual Monitoring & Inspection Reports for the Laughing Goat Fiber Farm (Lisa& Gary Ferguson, Sheffield Road) and the Indian Creek Farm (Stephen Cummins, Trumansburg Road). The Town's Policies and Procedures Manual for the Town of Ithaca Agricultural Land Preservation Program and both easements require an annual inspection to be completed by the Town, with the results reported to the Town Board. I conducted the site inspection for Laughing Goat Fiber Farm on September 15th and the site visit for Indian Creek Farm on September 21st, and found both properties to be in compliance with the terms of the easements. Along with the attached Annual Monitoring & Inspection Forms, there are several photos of each property, and survey maps with notes added. I have also included the farm brochure from Indian Creek Farm, since it easily shows where all of the crops are this year. Copies of the reports were sent to both landowners. The Indian Creek Farm report was also provided to NYS Department of Agriculture & Markets, as required by the easement. Please contact me at 273-1747 or email me at msmithatown.ithaca.ny.us if you have any questions. Enc. ME i f /f �f i 1 .B Ym w 0 w I Jiw„. i �'6'.. ✓I Annual Monitoring & Inspection Report Agricultural Conservation Easement Town of Ithaca Date of Visit: September 15, 2017 Easement Name: Current Landowner: Ferguson Agricultural Conservation Easement Lisa &Gary Ferguson Address/Location of Property: Address: East Side of Sheffield Road 1485 Mecklenburg Road 285' South of Mecklenburg Road Ithaca, NY 14850 Tax Parcel No.(s): Phone#: 28-1-1.3 607-273-9212 Acres under CE: Other Contact Person: 42.35 acres n/a Was the landowner contacted prior to visit? X Yes No Has ownership changed since last inspection? Yes X No Was landowner consulted during visit? Yes X No Did landowner tour property also? Yes X No Description of Current Land Uses: Agricultural - goat/alpaca/sheep farm Easement property contains open fields, pastures,woods, hedgerows, misc brush areas. Describe current Agricultural activities (and any changes since the last inspection): No changes since last inspection. All open fields have been cut or are in pasture this year, except for very southern portion of the field closest to Sheffield Road. Portable electric animal fences/netting— and small animal shelters are located in several locations around the property. List all man-made alterations made since the last inspection visit: New barn appears to be finished. Do all changes comply with the terms of the easement? X Yes No Comments: This property is in compliance with the conservation easement. List any observed natural alterations, or alterations beyond landowner's control: None Other observations, comments, and recommendations: None Describe any contact and discussions with landowner during visit: None Reminders for next monitoring visit: None Attach as needed maps,photos, and illustrations. Name of Inspector(s): Michael Smith, Senior Planner Signature(s): OF r:j Town of Ithaca 215 North Tioga Street > Ithaca, NY 14850 �l 1821 (607) 273-1747 www.town.ithaca.ny.us YO April 16,2013 Ferguson Agricultural Conservation Easement—09/15/17 Annual Inspection 1 —looking southeast from northwest 2—looking south from northwest corner corner of property,including barn of property along Sheffield Rd s 3—looking north from the southwest 4—looking west within woods on south corner of the property along Sheffield Rd edge of property qqq u re� /r ,r a o I 5—looking north in eastern field at 6—looking west at open field back to temporary animal pasture new barn r I � I r o � Ferguson Agricultural Conservation Easement—09/15/17 Annual Inspection 7—looking south at hedgerow in center 8—looking at an example of the shelters and fields on both sides and fencing around the easement y; i1 Jig 1 Photos taken by: Michael Smith, Senior Planner Town of Ithaca C..�G� %._°� ✓!' ./`�J✓FC.,7 y C r�.;f-tl �' .,..:r. ./_`��..n'f� .i t�°>,F� �� ..�;Via;;;, ARC 239.49`ALONG H/L _.. ,F NYS. RTE 79 NECKLENBURC )?0.4,D _ v j y _ ... ... - t l S 7732 E 537.99 ALONG H " J � " E P, PARL'3'L A r e _ m — .. ., ..,.. sx _..__.._ ........_. LOCATION MAC' S 78'73'47'E 2 .1T 7T970.74'TOTAL TO f _ k N __ «r ".S,7T2 54 E 970.14'TOTAL FROM pifry pu eM al',µl ��Pa `\ 'n 71 N."✓^ M1 4BRUSH F%. B PARCEL e TITLE INFORMATION Cil-✓'__f' P.4NCEL A GARY AND LISA FERGUSON f 0 _ PART OF DEED BOOK 890 PACE 191 TAX NAP PARCEL CLILTNAi'E19 FIELD AREA+5.0 ACRES NET J,.TYa ?f rF �„) t i/a (;} PAROL B ) CARP AND LISABOOL FERGUSON90PAGE Pdf PARI OF DEED BOOK 89O PAGE.191 P/0 iA%NAP PARCEL 28-1-7.3 AREA a 40.34 ACRES NET y, OPEN FtELU S PARCEL C O I GARY ANO.FERGUSON \ o.^ \ ( •.-�. �' I PART DEW z"o AC2B-1-TJ ES� T3 OK SW PACE 1 Y � \ S 761358'E 2510.00' M W 5 78'8'OS' E 567.34' (!✓`sA } I'j——— rADPosfD ao E.REumm¢ aa' rfE rraf a. la ;'t� NOTES '� 1)PARCEL B REPRESENTS A PROPOSED PARCEL .. • TO BE GRANTED FOR AN AGRICULTURAL CONSERVATION ^ w EASEMENT. w Ne 2.)30'X 581'STRIP REPRESENTS A PROPOSED ACCESS -..... TO BENEFIT PARCEL C.LOCATION CAN BE CHANGED EB ` a i PER MUTUV.AGREEMENT BY ALL PARTIES. N 7673'5_8"W 25000 / sn 31 PARCEL 0 REPRESENTS A DEVELOPMENT AREA FOR FUTURES HOUSE EPTAOLE ` S Izi ps RRNE�AY,vee 1,', auweRu snrfr\, ., e)sua> mf�9 siraeir wP L. xw1, 118511 fiY RA,&TIER,Ll, e tQ fF �ip�P C.xJ,r, x9ueG ✓1 / � AND Al➢Al[ 85 RECXtE aDM` D Aox• � � � �'. \ t•/ AND Fit[ CL[RXS DiFKE H.5'mx w sAv. w a ne<v vane (z) a.,e E 7744'03"W 970.34'TOTALLTO..T � � � � AKKtfN�<YtA � . EaNYK» DARY YfRD aN NN _ RDU IX TITLE: SURVEY MAP �_ 9...._... DAN D N U ®.—_...1N," c«lil to euNfl:Dw85wM G'18pw tr arehCUe mm i D < ea SHOWING CONSERVATION EASEMENT AREA «,y Gs�NeaM<Rn ' Na.050098.ontl Noi inie moP c ,.Ll"tl4.d,AY=+""' e<umi wnry Rn in.P.«me m<ae nr m<«Nne«me e:..a FOR LANDS OWNED 81'GORY&USA FERGUSON T.C.MILLER P.C. current coCe d Pracliu far IoM tnN ewwye mRgeO nY -`--'—.......—....._ Ine Ne.roI Aaotloi'aoi Praee<:mai L"ro m�oYerA: ENGiNEEgS AryD suRvfrom TOWN OF RHACA,TOMPKtNS COUNTY,NEW YORK '°OY mi wan+wRan.smEET e,e inN nP«IY � P.a wx an sw ar WTE; D1"• 120' Annual Monitoring & Inspection Report Agricultural Conservation Easement Town of Ithaca Date of Visit: 09/21/17 Easement Name: Current Landowner: Indian Creek Farm Conservation Easement Stephen T. Cummins Address/Location of Property: Address: 1408 Trumansburg Road 1408 Trumansburg Road Ithaca, NY 14850 Tax Parcel No.(s): Phone#: 24.-1-25.21 607-227-6147 Acres under CE: Other Contact Person: 41.658 acres n/a Was the landowner contacted prior to visit? X Yes No Has ownership changed since last inspection? Yes X No Was landowner consulted during visit? Yes X No Did landowner tour property also? Yes X No Description of Current Land Uses: U-pick fruits and vegetables, farm stand, fruit tree nursery, woods, two residences, several supporting barns and sheds, parking areas and access drives, material and equipment storage Describe current Agricultural activities (and any changes since the last inspection): Orchards, fruit and vegetable fields, fruit tree nursery fields, farm stand. Crops have been moved around property, with most of the vegetables and nursery stock now on adjacent leased land, outside of easement. One acre of Evercrisp Apples was planted. List all man-made alterations made since the last inspection visit: A 70 KW solar array has been installed on the roof of the large tree storage barn. New play elements have been added to the playground area. Concrete was being poured at time of visit, in the greenhouse that is attached to the main house and for a small pad on the south side of the farm stand building. Do all changes comply with the terms of the easement? X Yes No Comments: List any observed natural alterations, or alterations beyond landowner's control: None Other observations, comments, and recommendations: See the attached 2017 farm brochure, which includes a farm map showing where current crops and other parts of the farm are located. While walking in northwest corner of woods, spoke with a Cornell grad student doing a bee study. She is looking at the relationship/benefits that the woods have on bees. Describe any contact and discussions with landowner during visit: None Reminders for next monitoring visit: None Attach as needed maps,photos, and illustrations. 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Terms of Additional Services A.This notice is an extension of the Agreement for Services between ConsultEcon, Inc.and the Town of Ithaca signed on May 8, 2017.The purpose of this document is to outline additional services and payment terms.All other contract terms have been previously defined and agreed upon in the May 8, 2017 professional services agreement. Article 2.Additional Services and Payment Terms A. Supplemental professional services beyond what was outlined in the original contract of May 8, 2017 will be provided. B.The additional scope of services is outlined in Exhibit A. C.The budget for completing these additional services is$5,400 Dollars and 00 Cents ($) on a lump sum basis,including all travel,time and expenses associated with providing these services to the Town. The fee includes three consultant trips (at one time) to Ithaca for meetings, one from ConsultEcon, Inc.and two from Behan Planning and Design. D. The schedule for completing these services is December 31, 2017. E. The end of the term of agreement for the original Agreement of Services is changed from November 1, 2017 to December 31, 2017. CONSULTANT CLIENT ConsultEcon, Inc. Town of Ithaca, NY Robert E. Brais,Vice President William D. Goodwin,Town Supervisor Dated_ Dated Phone: +1 (617)547-0100•Fax:+1 (617)547-0102•24 Thorndike Street,Cambridge,MA 02141 USA www.consultecon.com•info@consultecon.com ConsuffEcon., Inc. EXHIBIT A ConsultEcon and Behan Planning and Design (the consultant team)will meet with up to 4 private landowners on their properties (to be identified and scheduled by the Director of Planning)to discuss the owners'ideas,vision and plans for their properties'future land use and how they align with the preliminary economic development strategies and recommendations that have emerged during the planning process for Inlet Valley. The results of the meetings with landowners will be summarized and input into the development of the final draft strategic plan to be completed as a part of the original scope of services. 2 MEETING OF THE ITHACA TOWN BOARD Monday, October 16, 2017 TB Resolution 2017- : 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 Moved: Seconded: Vote: Ayes — TB Resolution 2017- a: Approval of Town Board Minutes of September 30, 2017 & October 5, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on September 30, 2017 and October 5, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - b: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1259 - 1359 General Fund Townwide 69,195.40 General Fund Part-Town 6,954.33 Highway Fund Part-Town 17,951.51 Water Fund 30,905.95 Sewer Fund 13,560.33 Risk Retention Fund 89.00 Forest Home Lighting District 1,936.78 Glenside Lighting District 76.49 Renwick Heights Lighting District 93.56 Eastwood Commons Lighting District 192.53 Clover Lane Lighting District 22.78 Winner's Circle Lighting District 70.18 Burleigh Drive Lighting District 77.66 West Haven Road Lighting District 245.44 Coddington Road Lighting District 145.67 Trust and Agency 1,648.18 TOTAL 143,165.79 Study Session of the Ithaca Town Board Monday, September 25, 2017 Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor;Pat Leary (Video Conf.), Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town Meeting called to order at 4:37 p.m. 1. Discuss water supply to Varna and future development and the possible transfer of ownership of the Apple Orchard Control Valve to the Town of Dryden to accommodate same Mr. Weber explained that the proposed Dryden developments in Varna were not factored in to our supply and infrastructure and the Town of Dryden would like to take ownership of the control valve and be responsible for maintenance and upkeep to allow for that development. The Town of Ithaca only has about five customers on that valve and they are all Cornell. We would not be compromising our services. Mr. Howe added that the Public Works Committee was in favor of allowing this transfer. Ms. Bleiwas asked about the actual land in the area and whether this transfer would encourage more development in our town and Mr. Weber responded that the land is owned by the college and controlled by the State and development would be extremely unlikely. The Board was comfortable moving forward with the transfer. 2. Continue discussion regarding the draft legislation of owner occupancy requirements for new two-family units and new accessory dwelling units and the establishment of a Rental Operating Permit Program Mr. DePaolo updated that board on meetings since the regular meeting to continue work on the legislation. The focus of the changes were establishing timelines and reconciling references throughout the Code and effects of certain aspects of the new legislation on other things such as, for example, lot coverage. There are an estimated 1,200 rental units in the town and using that for a base, the holder is triennial and then how to space them out so the work is spread out. Ms. Hunter asked what is meant by decommissioning a kitchen and Mr. Bates responded that a separate kitchen and bath is what constitutes an ADU. Ms. Hunter thought it was interesting and TB 2017-09-25 Pg. 1 what would happen if you are not collecting rent but allowing your son to live there? Why can't you come to Town Hall and say you are not renting it and not have to decommission it? Mr. Bates responded that unfortunately it is big-brotherism and we can't trust people to do what is right. Once you have a kitchen, bathroom and a place to sleep, that is a secondary dwelling unit. He didn't know of another way to define an ADU. Mr. DePaolo responded that you either have the ADU or you don't and we are asking that you maintain a permit that enables you to rent that rentable unit and as long as it is available to rent it is on the rolls or record as an ADU. Everyone could say they aren't renting their ADU and how could that be tracked? He added that the removal of a kitchen has been in the Code for a long time. Mr. DePaolo added that Ithaca College keeps a database of student addresses and gave that to the City and the Town recently and the number of ADUs far out paces the number and occupancy levels allowed even under current laws. The difficulties of rolling the Operating Permit Program out were discussed. The board decided on a five year term for operating permits and will continue to think of ways to spread them out. The hope is that everyone will not wait for the last minute to file for the operating permit and then sales and building permits will also stretch issue dates out. Staggering of years or other ways to spread out the inspections and re-inspections will have to be thought out. If the Board decided on requiring a new OP when a property sold may help stagger after a time and then fixing any safety issues found may also help spread them out in time. Discussion turned to outreach and comments so far and the Board was interested in having an open meeting to answer questions and have some back and forth. Ms. Rosa explained what lists and such she has used to get the word out but there are always some you are going to miss unless they proactively have signed up for the newsletter. Mr. Goodman thanked Mr. DePaolo and all the members of the Planning Committee and staff who have worked hard on this legislation. 3. Continue discussion regarding a possible PILOT agreement with Ithaca Townhomes Mr. Goodman noted that Mr. Solvig had made a chart of real costs of existing PILOTS and the draft was sent out Friday. Discussion followed with the Board focusing on whether there is a cut off after the amount needed for the change in heating was met as well as whether a PILOT should be granted at all. Lengthy discussion on whether the granting or not granting of a PILOT will kill the project. The developers were not asking for a PILOT until the Planning Board required a change in heating type and this is essentially another subsidy. Although heat pumps are green, there is nothing saying they have to buy the electricity from green sources. TB 2017-09-25 Pg. 2 Mr. Goodman will ask Mr. Franklin at Tompkins County Assessment for a ballpark figure to show what numbers would be used and the real costs. Mr. Goodman stated that he would be willing to grant a PILOT simply for the affordable housing aspect and the added incentive of green utilities makes it more attractive. Using the numbers for the existing PILOTS, an estimate based on $100M would mean we are losing $16K a year. Ms. Leary thought the affordable housing alone was worth it and the renewable energy just makes it that much more attractive and just because they are a corporation should not exclude them from getting a PILOT. She felt we should put our money where our mouths are and give them their tax break. Mr. DePaolo responded that there are a lot of people doing a lot of good things and where do you draw the line? Why is this any different than anybody else? Ms. Leary responded this is the mechanism to ask for a PILOT and we grant them for things we feel are important to which Mr. DePaolo responded we do that by raising taxes on everybody else to offset that break. Ms. Leary responded that this is what is done with any expenditure and it is a matter of priorities such as when we set aside money for Open Space and Mr. DePaolo responded that those open spaces are available to everyone in Ithaca and more and these dwellings will not be. Ms. Bleiwas stated that she was torn because she was wary of this business model but it is a useful tool to try and get other things that we want in the project. Mr. Howe was in favor of getting more information. Mr. DePaolo called out a few of the number"place holders" and the fact that they have been changed from the original draft and most seem to be in the developer's favor but should be negotiable. Mr. Goodman stated he would draft a resolution with the commitment to purchasing renewable energy and Mr. DePaolo wanted a cap on the amount not to exceed the additional cost of the heat pumps. Mr. Goodman wanted to limit it by year but Mr. DePaolo noted that the other taxing agencies that will be losing money from this PILOT should be factored in to that ceiling amount of$300K. The Board continued to discuss the details of the draft PILOT and how the rents are calculated. Some Board members were not concerned about the heat pumps being a factor and were in favor of the PILOT based simply on affordability. Mr. Goodman will ask Mr. Dir, the developer, and Mr. Franklin to come to the meeting in October to answer any questions; he asked for questions ahead of time so they could be prepared. Mr. DePaolo wanted a reasonable real cost estimate given this would be binding on the School District and the County's tax base. TB 2017-09-25 Pg. 3 4. PULLED Discuss and consider authorization for the Supervisor to sign an agreement with the City of Ithaca for the Town's portion of the Hector Street sidewalk project 5. Discuss and consider authorization to submit the Ellis Hollow Water Tank project to the State Comptroller TB Resolution 2017 - 115: Authorizing submission of the application to New York State Comptroller for the Town of Ithaca Ellis Hollow Water Main and Tank Installation Water Improvement and Water Improvement Area Whereas, on August 7, 2017, the Town Board approved a Public Interest Order establishing and authorizing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement and Area, and Whereas, the permission of the New York State Comptroller is required for this project because its estimated expense exceeds one-tenth of one percent of the full valuation of the taxable real property in the area of the Town outside of the Village of Cayuga Heights, and Whereas, the regulations governing submittals to the New York State Comptroller for permission for such projects require the Town Board to make certain determinations about the submittal and project; now therefore be it Resolved, that the governing Town Board of the Town of Ithaca does hereby make the following determinations: 1. The application was prepared at the direction of the Town Board. 2. The Town Board believes the contents of the application are accurate. 3. The Town Board has determined that the improvement and expenditure for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof. 4. The cost of the proposed improvements will be assessed against a benefited area, all real property to be so assessed will be benefited by the proposed improvements, and no benefited property has been excluded. Moved: Rod Howe Seconded: Tee-Ann Hunter Vote: Ayes — Howe, Hunter, Leary, Goodman, Levine, Bleiwas and DePaolo 6. Committee Reports a. Planning Committee—Mr. DePaolo stated that the topics have been discussed already tonight. Continue to work on the draft legislation. TB 2017-09-25 Pg. 4 b. Public Works Committee—Mr. Howe reported that they discussed the Park Maintenance Manager job description; TC Consolidated Services proposal regarding LED street lights and Nick Goldsmith will be putting together numbers; TCAT request for bus stop locations and signs where they provide the signs but the town permits them and installs them; heard feedback on the Michigan Hill Park meeting. c. Personnel and Organization—Ms. Bleiwas reported that the IT SOP continues following the audit; discussed the Park Maintenance Manager position also and recommended the 2018 Personnel Budget of roughly 2%increase. d. Budget Committee—Mr. Levine reported that we have collected approximately 106.2%more sales tax than last year. Mr. Solvig distributed the tentative budget binders and Mr. Levine stated that the average house of$190K outside of the village will go up about $3 from $1,400 to $1,403. Mr. Solvig asked members to ask questions ahead of time if numbers need to be looked at. e. Sidewalk Committee—Mr. Goodman reported that they met with Ms. Brock and the town can create sidewalk districts for each hill, or a townwide district and in discussions with Ms. Brock, the separate districts seem to be the way we are leaning. We would be able to charge the fees on the ad valorem bases as opposed to a frontage basis. He added that this made him think about park districts to raise money for our park system and shift that out of our property tax and it is a way to get more support from our non-profits for things they and their customers use. L Short Term Rental Committee—Mr. DePaolo reported that they did have Mr. Knipe from the county come in and talked about how we could enforce anything we do; complaint driven or a third party culling information from various sources. The working parameters are to meet peak demand by allowing a certain number of days per year and unhosted rentals would be regulated more heavily than hosted-rentals under the assumption that the direct oversight is self-regulating of some behaviors that are the issue now. Buying single-family homes for STR takes housing stock and thinking of a minimum number of days and other ways to approach this balance. 7. Consent Agenda TB Resolution 2017- 116: 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. Declaration of Surplus Equipment TB 2017-09-25 Pg. 5 Moved: Eric Levine Seconded: Pamela Bleiwas Vote: Ayes — Howe, Hunter, Leary, Goodman, Levine, Bleiwas and DePaolo TB Resolution 2017- 116a: Approval of Town Board Minutes of September 11, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on September 11, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - 116b: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1208 - 1258 General Fund Townwide 50,187.74 General Fund Part-Town 852.27 Highway Fund Part-Town 4,545.56 Water Fund 976.71 Sewer Fund 109,910.92 Hanshaw Road Walkway—H4 32,157.23 Risk Retention Fund 241.00 TOTAL 198,871.43 TB Resolution 2017 - 116c: Declaration of Surplus Computers and Computer Equipment and authorization to dispose of same Whereas, the Town of Ithaca maintains an inventory of computers and equipment used by Town staff to conduct the daily business of the Town; and Whereas, staff has determined the estimated return from a public sale or donation, pursuant to the provisions of General Municipal Law Sec. 104-c, of said equipment would be less than the associated costs; MODEL SERIAL YEAR MAKE NUMBER PURCHASED Computers TB 2017-09-25 Pg. 6 HP HP Compaq 6000 MXL0290GGJ 2010 Panasonic Toughbook CF-19 cf-19KHRAX2B 2010 HP EliteBook 8460p BCAE8104B3C610K 2012 Dell M6400 CN-OD138P-48643- 98CO298-AOO Dell OPTIPLEX 7010 51 W4TW 1 2012 Panasonic Toughbook cf-19 Cf-9BKSA51440 2012 Dell Precision M6400 405-482-054-5 2012 Panasonic Toughbook cf-19 cf-19KHRAXAM 2013 Dell Latitude D630 151-061-778-37 2013 HP Compaq 6000 MXL0290GGJ 200 Acer Veriton Desktop DTVCXAA001230060 2013 979201 Monitors HP Compaq LA I905wg CNCO0115PD 2010 Acer AL1714 ETLI80910251701800 2012 PQ33 HP Compaq LA2405wg CN4049ON6P 2012 Acer ETL240B13545099140 2014 AL1511 Monitor RI-115 HP Compaq TFT1501 CN2467B777 2010 HP TFT1501 CN2467B776 2010 Dell 1707FPF CN-OCJ167-72872- 2010 6AP-IUFU Viewsonic VE170 VLCDS22034-1 2010 HP 1745 CNK820OLLN 2011 HP HP 1530 CNP332B2S1 2010 Server HP G5 USE91ON21-15 2003 Printer HP Laser Jet P1102W CNBK318700 2011 Fax HP 1050 Fax machine CN776AN6F4 2003 Other Tablet Motorola TA31001 AJ7 2013 Tablet Samsung Galaxy Tab 2 9900044228464824 2013 Tablet Samsung Galaxy Tab 2 9900044228465599 2013 Cisco (3) 2.4GHz 802.11g SER162000M3, 2011 Wireless-G Access Point YP&MD Verizon Casio GzOne flip phones (three phones ) 2011 Palm Tungsten T3 PDA 0OV5A8R32T3M 2004 Camera Pentax IQZoomEZY 6006952 2001 Camera Olympus D-520ZOOM 108358470 2004 Speakers Altec Lansing ACS545B FMWO018052 1997 TB 2017-09-25 Pg. 7 Speakers Creative Speakers SBs20 1998 Speakers Optimus O1A00 ZA01041828 2007 Power Adapters Lind Auto Adapter 1114 PA1650-1253 FI&FJ 2012 Laminator Fellowes Cosmic2 14113VC0015694 1999 DVD Player Magnavox DVD ? MWD7006 U51608958 Cassette recorder RCA TJP1400 4045H5115 ? Accessories Cables (power, printer, ? USB) Mice/Keyboards ? Charges/Cases ? now therefore be it Resolved, that the Town Board declares the equipment identified above surplus, obsolete, and no longer needed by the Town; and be it further Resolved, that the Town Board finds that the transfer of computer software installed on said equipment would not cause a breach of a software license agreements or an infringement of copyrights hereby directs Town staff to discard and dispose of said equipment. Executive Session Mr. Goodman moved to enter Executive Session to discuss the employment history of a particular person; seconded by Mr. Howe; unanimous. 6:27 p.m. Mr. Goodman moved to return to open session; Ms. Bleiwas seconded; unanimous. 7:01 p.m. Adjournment Mr. Howe moved to adjourn the meeting at 7:03 p.m.; seconded by Mr. DePaolo. Unanimous Submitted by Paulette Rosa, Town Clerk TB 2017-09-25 Pg. 8