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HomeMy WebLinkAbout2014-09788 ��,tin s � VIII I I II II I I I I II I II II I II II III I I I II I II l� 1 X Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk ITHACA TOWN OF Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: AFFIDAVIT - MISC Receipt Number: 14-69361 Party 1 Party 2 ITHACA TOWN OF Fees Instrument #: 2014-09788 Total Fees Paid: $0.00 State of New York County of Tompkins Recorded on August 13th, 2014 at 3:31:22 PM with a total page count of 11. " e V&"t' Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York MR Do Not Detach 2014-09788 08/13/2014 03:31:22 PM AFFIDAVIT THAT NO PETITION REQUESTING A REFERENDUM WAS RECEIVED STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: Paulette Terwilliger, being duly sworn, deposes and says: 1. I am the duly elected and acting Town Clerk of the Town of Ithaca, New York (the "Town"). 2. On the 23rd day of June 2014, the Town Board of the Town duly adopted a resolution establishing and Authorizing a NYS Route 13 Water Main Crossing Water Improvement and Water Improvement Area. 3. Said resolution was subject to a permissive referendum. 4. Within 10 days after the adoption of the resolution aforesaid, I did, in the same manner as provided for a notice of special election, post and publish a notice setting forth the date of the adoption of the aforesaid resolution together with an abstract of such resolution, concisely stating the purpose and effect thereof and that said resolution was adopted subject to a permissive referendum. 5. More than 30 days have elapsed since the adoption of said resolution and the posting and publication of the aforesaid notice and no petition protesting against such resolution and requesting that it be submitted to the qualified electors of the Town for their approval or disapproval has been filed with the deponent as TowVC11erk. Paulette Terwilliger Town Clerk Sworn to before pe this 7"'k day of s� , 201 . r4" otary Publi Debra DeAugistine Notary Public-state of New York No.01DE6148035 Oualified in Tompkins County My Commission Expires June 19,20 2014-09788 08/13/2014 03:31:22 PM MEETING OF THE ITHACA TOWN BOARD Monday,June 23, 2014 TB Resolution No. 2014 — 114: SEOR Determination — Establishment and Authorization of NYS Route 13 Water Main Crossing Water Improvement and Water Improvement Area Whereas, the Town of Ithaca Town Board has determined that the establishment and authorization of the NYS Route 13 Water Main Crossing Water Improvement and Water Improvement Area for the Town of Ithaca, a project to be undertaken in connection with other members of the Southern Cayuga Lake Intermunicipal Water Commission, as described in the Town Board's Order Setting a Public Hearing dated June 9, 2014, are an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and the Town of Ithaca Code, Chapter 148 — Environmental Quality Review, for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project, and Whereas, the Town Board, at its regular meeting held on June 23, 2014, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Parts 1, 2 and 3 prepared for this action by the Town's attorney, now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environments► significance in accordance with Article 8 of the New York State Environmental Conservation Law, 6 NYCRR Part 617, and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes—Goodman, Howe, Engman, Hunter, DePaolo and Levine Absent: Leary STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: 1, Paulette Terwilliger, Town Clerk of the Town of Ithaca, d reby certify that the above resolution is an exact copy of the same adopted by the Ithaca Town Boar Ith a eting on the 23`� day of June,2014. SEAL Paulette Terwilli er,Town Clerk 2014-09788 08/13/2014 03:31:22 PM • z 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Name of Action or Project: NYS Route 13 Water Main Crossing Water Improvement and Water Improvement Area Project Location(describe,and attach a location map): 2250 and 2300 N.Triphammer Road,40 Catherwood Rd.,3 Highgate Northeast,NYS Route 13,TP 47.1-1-21.1,47.1-1-22,47.1-4-6,47.1-5.50 Brief Description of Proposed Action: This project is a joint water project for a new water main crossing under NYS Rte 13 and connection of the new main to the existing Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC). The project involves uncoordinated environmental reviews by the Town of Ithaca and the other SCLIWC municipalities,which will use the new water main crossing on a temporary emergency basis in the event the existing crossing cannot be used.The Village of Lansing will consider approval of the project both as a SCLIWC member and on its own behalf because it will own the crossing and use it to serve the Village of Lansing water system when it is not being used on an emergency basis by SCLIWC. Name of Applicant or Sponsor: Telephone: 607-273-1721 Town of Ithaca Town Board/ Herbert Engman, Town Supervisor E-Mail: pterwilliger@town.ithaca.ny.us Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that R may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: F-1Board approvals from Villages of Lansing and Cayuga Heights,Towns of Dryden and Lansing. Possible building permit from RI Village of Lansing. Possible County Health Department approvals. 3.a.Total acreage of the site of the proposed action? N/A* acres *multiple properties will be disturbs b.Total acreage to be physically disturbed? 0.5+/-** acres with varying sized parcels c.Total acreage(project site and any contiguous properties)owned **includes north and south sides of or controlled by the applicant or project sponsor? 0.0 acres Rt.13 crossing 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) [-]Industrial 0 Commercial ©Residential(suburban) ❑Forest ❑Agriculture El Aquatic W10ther(specify): State Highway ❑Parkland Page 1 of 4 2014-09788 08/13/2014 03:31:22 PM 5. Is the proposed action, t • NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ R] b. Consistent with the adopted comprehensive plan? ❑ ❑ V 6. is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ a 7. is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify: ❑ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES Fv_1 El b. Are public transportation service(s)available at or near the site of the proposed action? ❑ RI c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? a ❑ 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: NIA. ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? RI ❑ b. Is the proposed action located in an archeological sensitive area? see Part 3 and attached map ❑ ❑ 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? P/1 ❑ b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland 0 Urban ©Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? ❑ RI 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO ❑YES ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 2014-09788 08/13/2014 03:31:22 PM a 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑v 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n ��u_ ;� J _� h=c� cxCu� Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning1:1regulations. 2. Will the proposed action result in a change in the use or intensity of use of land? RI ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. ,Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate Elreasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ a. public/private water supplies? See Part 3 below b. public/private wastewater treatment utilities? ✓❑ El 8. Will the proposed action impair the character or quality of important historic,archaeological, F]architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, Elwaterbodies,groundwater,air quality, flora and fauna)? Page 3 of 4 2014-09788 08/13/2014 03:31:22 PM No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage 1:1problems? 11. Will the proposed action create a hazard to environmental resources or human health? Z Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should, in sufficient detail, identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. This proposal is a joint water project for a new water main crossing under NYS Route 13 and connection of the new 18-inch main to the existing Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC/Bolton Point) and to the Village of Lansing water system. The project involves uncoordinated environmental reviews by the Town of Ithaca and the other SCLIWC municipalities, which will use the new water main crossing on a temporary emergency basis in the event the existing crossing cannot be used. The Village of Lansing will consider approval of the project both as a SCLIWC member and on its own behalf because it will own the crossing and use it to serve the Village of Lansing water system when it is not being used on an emergency basis by SCLIWC. The proposed water main crossing and water improvements will require soil borings, slope stabilization and clearing of vegetation and may allow future growth in the Village of Lansing. The Village Board will evaluate the potential impacts of the project and such growth in their environmental review of the proposal. The Town of Ithaca does not expect future growth or other environmental impacts as a result of the proposed improvements. The project will only provide a redundant crossing of the NYS Route 13 corridor for the Bolton Point transmission main. The impact on the existing Bolton Point public water supply in the Town of Ithaca will therefore be insignificant. Regarding Part 1, number 12b, the project area has been previously disturbed by past improvements to NYS Route 13 and other commercial and infrastructure development. Therefore, any archaeological resources that had existed on the site would have been discovered by the prior disturbances. (� Check this box if you have determined,based on the information and analysis above,and any supporting documentation, U that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. [] Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca Town Board �;�� -3113 Name of Lead Agency Date Herbert Engman Town Supervisor Print or Type Nagire of Respo sib fir in Lead Agency Title ofR nsible Officer Si re of Resp" sible OKler in Lead Agency Signature of Preparer(if different from Responsible Officer) V Page 4 of 4 2014-09788 08/13/2014 03:31:22 PM MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga Street, Ithaca, NY, Tompkins County June 23, 2014 at 4:30 p.m. prevailing time TB Resolution No. 2014 -115: PUBLIC INTEREST ORDER In the Matter of a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, in Connection with other Members of the Southern Cayuga Lake Intermunicipal Water Commission, pursuant to Article 12-C of the Town Law, to be known as the NYS Route 13 Water Main Crossing Water Improvement, and establishing the NYS Route 13 Water Main Crossing Water Improvement Area Present: Herb Engman, Bill Goodman, Rich DePaolo, Eric Levine, Rod Howe and Tee- Ann Hunter Absent: Pat Leary Motion made by Bill Goodman, seconded by Rod Howe WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, in conjunction with the Village of Lansing and the Village of Cayuga Heights, and the Towns of Lansing and Dryden, has determined and agreed to participate in the provision of a joint water project for a new water main crossing under NYS 13 and connection of the new main to the existing Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) waters stem pursuant an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and Transmission System (the "Intermunicipal Agreement"), and WHEREAS, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the NYS Route 13 Water Main Crossing Water Improvement, and hereinafter also referred to as the "Improvement," of the Town of Ithaca, to provide such water Improvement including extensions, to the present Town water system, such water system Improvement to be constructed and owned by the Village of Lansing and used by SCLIWC on a temporary emergency basis whenever it cannot use its existing water main under NYS Route 13; to serve a benefitted area in said Town to be known as the NYS Route 13 Water Main Crossing Water Improvement Area, and hereinafter also referred to as the "Water Improvement Area", and WHEREAS, the Improvement to be constructed and owned by the Village of Lansing and used by SCLIWC on a temporary emergency basis will be subject to a use agreement between the SCLIWC members and the Village of Lansing, which agreement will apportion the expenses of construction of the project between the SCLIWC members and the Village of Lansing, and 1 2014-09788 08/13/2014 03:31:22 PM WHEREAS, after said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on June 9, 2014, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of funding to be employed, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 23`d day of June, 2014 at 5:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its regular meeting on June 23`d, 2014, the Town Board has determined approval, construction and implementation of the Improvement, which are an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, will not result in any significant adverse environmental effects, NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the NYS Route 13 Water Main Crossing Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the NYS Route 13 Water Main Crossing Water Improvement in the area of the Town described as follows and as more particularly shown and described in said map, plan and report presently on file in the office of the Town Clerk: The Improvement proposed in connection with the establishment of the Water Improvement Area consists 2 2014-09788 08/13/2014 03:31:22 PM of approximately 425 feet of 18-inch ductile iron pipe, gate valves, connections to SCLIWC's existing water main and other necessary fittings and related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of $120,154, it being determined that the (1) additional $107,324 of the $227,487 aggregate maximum estimated cost shall be initially apportioned and allocated to the Villages of Lansing and Cayuga Heights and water districts in the Towns of Lansing and Dryden, and that (2) the ultimate share of the cost to be allocated to the Town of Ithaca pursuant to the aforedescribed Intermunicipal Agreement shall be determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid Improvement, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said NYS Route 13 Water Main Crossing Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the NYS Route 13 Water Main Crossing Water Improvement Area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $120,154, which cost shall be authorized to be paid from the SCLIWC Capital Improvement/Replacement fund, which fund contains revenues paid by SCLIWC members to SCLIWC for water sales from SCLIWC to its members, with the Town of Ithaca's share paid by money in this fund from water rates from the Town of Ithaca Water Improvement Area, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed one-tenth of one per cent of the full valuation p of the taxable real property in the area of said Town outside of villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement, and be it FURTHER RESOLVED, that pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Improvement. 3 I� 2014-09788 08/13/2014 03:31:22 PM The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Herb Engman, aye; Bill Goodman, aye; Rich DePaolo, aye; Tee-Ann Hunter, aye; Eric Levine, aye and Rod Howe, aye. The Order was thereupon declared duly adopted. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Paulette Terwilliger, Town Clerk of the Town of Ithaca, do hereby certify that the above resolution is an exact copy of the same adopted by the Ithaca Town Boar Ith- a a a meeting on the 23"' day of June,2014. SEAL Paulette Terwilliger,Town Clerk 4