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