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TB Minutes 2017-07-10
tl t�A Meeting of the Ithaca Town Board Monday,July 10, 2017 at 5:30 p.m. 215 North Tioga Street, Ithaca,NY 14850 Agenda 1. Call to order and pledge of Allegiance 2. Persons to be Heard and Board Comments 3. 5:30 p.m. Public Hearing regarding a proposed local law to override the tax levy limit established in General Municipal Law Sec 3-c for 2018 Consider adoption 4. Discuss project on Route 96, formerly Holochuck 5. Discuss changes and set a public hearing regarding a Proposed Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" 6. Discuss and consider setting a public hearing - Public Interest Order—regarding a proposed Water Improvement for the Town of Ithaca to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation and establishing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area 7. Continue discussion regarding proposed legislation of two-family residences including a rental registry 8. Discuss and consider setting a public hearing regarding a Local Law to Extend the Moratorium on New Two-family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-family Dwelling through October 31, 2017 9. Discuss and consider approval and authorization to sign the revised Southern Cayuga Lake Intermunicipal Water Commission Agreement(Bolton Point) 10. Discuss and consider authorization for the Town Supervisor to sign an agreement with EdR Trust for the payment of an additional Code Officer associated with Maplewood project 11. Establish a Deer Management Committee 12. Establish a Short Term Rental Committee 13. Consider Consent Agenda Items a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Ratify appointment of Distribution Manager—Bolton Point 14. Report of Town Officials/ Town Committees and Intermunicipal Organizations 15. Review of Correspondence 16. Consider Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: 0 ADVERTISEMENT/NOTICE 0 NOTICE OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL 0 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Local Law to Override Tax Levy Limit Location of Sign Board Used for Posting: TOWN of ITHACA Town Clerk's Office PUBLIC HEARING The Town eaard of the 215 North Tioga Street Town of Ithaca will hold a Public Hearing on July l0, Ithaca, NY 14850 2017 at 5:30 p.m- regarding adoption of a local law to Override the tax levy limit established in General Mu- Town website at www.town.ithaca.nVAIS nicipal raw 33 for the fis- cal Year beginning January T, 2018 and ending ❑ecem- ber 31, 2018, at which time all people interested In spppeaking for or against tha Date of Posting: 6/30/2017 h'aPd sed local law shall be Date of Publication: 7/1/2017 Paulette Rasa Town Clerk _ 7/t/1 JOY 1.2017 �oua�ssssur Deputy Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS.- TOWN S:TOWN OF ITHACA) Sworn_ o and subscribed before me this rJ`�'�day of 1�_ 2017. liklary Public i Debra DeAugistlne Notary PDYC,-State of New York 1,10-01DEel48035 - - puallHed in Tompkins County My Commission Expires June 19,20� Meeting of the Ithaca Town Board " Monday,July 10, 2017 at 5:30 p.m. ro r�f 215 North Tioga Street, Ithaca,NY 14850 Draft Minutes Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Pat Leary, 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, Judy Drake, Director of Human Resources; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town 1. Call to order and pledge of Allegiance Mr. Goodman opened the meeting at 5:33 p.m. 2. Persons to be Heard and Board Comments —None 3. Pulled 5:30 p.m. Public Hearing regarding a proposed local law to override the tax levy limit established in General Municipal Law Sec 3-c for 2018 Reset with correct dates. TB Resolution 2017-077a: Setting a Public Hearing Regarding a Proposed Local Law to Override the Tag Lew Limit Established in General Municipal Law 0-c Resolved that the Town Board of the Town of Ithaca will hold a Public Hearing on August 7, 2017 at 5:30 p.m. regarding adoption of a local law to override the tax levy limit established in General Municipal Law §3-c, for the fiscal year beginning January 1, 2018 and ending December 31, 2018, at which time all people interested in speaking for or against the proposed local law shall be heard, and be it further Resolved, that the Town Clerk shall publish notice of this public hearing in the official newspaper and post on the Town Clerk Bulletin Board as required by law. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes —Goodman, Leary, Howe, Hunter, DePaolo, Levine and Bleiwas 4. Discuss project on Route 96, formerly Holochuck (See Attachment #1) Chris Dirr, VP of Development for NRP Group. Adam Walters, Nathan Brown, Architect and Keystone Associates, Engineering were also present. Mr. Dirr thanked the Board for the opportunity to speak and gave some of the background about the new project, Ithaca Town Homes, saying that they had been speaking with Mr. Holochuck TB 2017-07-10 pg. 1 for a number of years and he went through a long process of conceiving the development and getting the approvals and his concept was to get the approvals and sell the property to a home builder to develop all of the units and that has proven really challenging because to develop the infrastructure in phase one and that is a challenge for 105 units in a market that only develops about 34 units across the entire county. His plan also would have taken years and ours is different and we hope to tighten the construction period to 15 months and use the Townhomes as rentals and transition to for sale when we have a recapitalization of the development. Mr. Dirr stated that in looking at the development, they spent a lot of time reviewing the comments throughout the previous approval process to better understand the feedback and to see what they could do to not change anything but to enhance some of the approvals that have been granted. Mr. Dirr had display boards and stated that they are proposing to develop the first phase which puts in place the ring and the access road and the first 66 plus or minus units would be developed with all the necessary infrastructure. The way the topography is, it runs downhill, and in the approval, there were 2-story townhomes with garages and they are suggesting, based on some of the negative comments, and in looking at the submission that didn't take in to account that topography; the new proposal would be single story units on the high side of the road and on the low side, from the road side, you would see single-story units, but the backsides would actually be two-units to take advantage of the basements that would have to be built and in the previous plan would have been undeveloped basement space. This would reduce the visual impact and better utilize the contour of the topography. Mr. Brown added that this new plan builds down instead of up so it avoids that view that people were not in favor of, eliminated the garages from the front and bring the mass of the buildings down and also promote a better sense of neighborhood. Mr. Dirr added that all of the units would be handicap accessible since all of the bedrooms would be on the same level. The new plan also has one of the proposed townhouses as a clubhouse for the development near the entrance and some shared services such as playgrounds, gardens and inside some computer equipment, a reuse room, community living room, and laundry services. Mr. Dirr stated that the original approval had the road as a public road and they are open to the idea of it being a private road because that seems to be desirable in municipalities lately. Since it is a rental development at first,the rental management company would be responsible for the maintenance and in the future, a home owners association would take that over. Mr. Dirr spoke about the rentals;they are suggesting doing the development as a rental development to allow them to reduce the impact of a long production cycle down to a 12-15 month period and allow them to do both the construction of the road and the vertical units simultaneous. He said he understood that one of the conditions of the subdivision approval was that the road be completed prior to commencement of any vertical construction so he would like feedback from the town about their willingness to allow that with the understanding that none of TB 2017-07-10 pg. 2 the units would be issued Certificates of Occupancy until all of the infrastructure associated with phase one was completed. Mr. Dirr stated that they understand that housing affordability is of great concern to the town and that one of the requirements for the development was that a certain percentage of the units be affordable. They "acknowledge, accept and agree with that" and they are proposing that a percentage that is higher than required by the town be affordable. They see the great need and demand for units that range in that middle income. Mr. Dirr stated that by"middle income"he means units that range from 50% AMI up to 130% AMI and they see that as a need that is not met in this area. He doesn't know what the percentage will be but when translated into rents, the units will be predominately 2- 3- and 4- bedroom units with the majority being 2 and 3 bedroom units ranging between $875 - $1,500 a month excluding utilities. Mr. Dirr stated that they have had a lot of inquiries from CMC about the units. The other gentlemen spoke, saying that the goal is to stay within the parameters of the approved SEQR and EIS and they have not secured financing, but a realistic timeline would be securing financing in Spring of 2018 and starting construction in May 2018 give or take a month with the intention of delivering units 16 months later, so Summer of 2019. They would like to deliver the units as each building became available but by the summer of 2019 have all of the infrastructure and units done and delivered. Board Comments and Questions Ms. Leary asked about the range of rents they gave and asked if that really was within the 50%- 120% AMI and they responded that many people are surprised at what the actual rent is within those parameters. Ms. Leary asked if there would be an additional fee for the private road and they responded no, only the utilities would be metered separately but they will be very energy efficient and they estimate utilities will be about $115 a month for a 2-bedroom. Mr. Dirr added that once an HOA took over the roads, the HOA members would be responsible for those costs, but not on the front end. Ms. Leary asked about the timeframe for possible ownership and Mr. Brown responded that it depends on the type of financing they are able to secure. If the low income tax credits are taken, there is a 15 year time period. However,the second phase of 30 odd units would be affordable for sale units without having to utilize tax credits. All of the units in the first phase, 66 of them, would be rentals with the second phase having as many of them as affordable as possible and that is an issue when not using the tax credits and how many will not have an affordability requirement to allow that to happen. Mr. Dirr stated that it is an extraordinarily expensive site to develop because there is so much infrastructure associated with it so the way to be able to deliver units that are less expensive would be to utilize a different building structure which isn't contemplated and the other is that there seems to be a good deal of very low income units, 30% AMI, available in this area so we TB 2017-07-10 pg. 3 are really trying to target that 50% -130% AMI. He added that Ithaca and Saratoga Springs are consistently the highest AMI in the region. Mr. Levine asked about the initial occupancy and if they qualify to get in, are they allowed to stay even if that changes so that long term occupancy is encouraged? Mr. Dru responded that once they are admitted as a resident, they cannot be kicked out essentially; the administration would work the numbers to move them up to the next level while opening the level they left. Mr. Dru added that once the development turns to ownership,those with the longest tenancy get a better deal;they essentially get credit toward the eventual purchase. All units will have a long- term affordability requirement so someone couldn't move in an flip it as a market rate unit. Ms. Hunter asked about the different funding programs out there. Mr. Dru explained the Federal Low Income Tax Credit which is for units up to 65% AMI , between 60%-90%there is a State Low Income Tax Credit so the units that are above 60% and up to 90% are eligible for the State credit but not the Federal credit. Then there is a third program called a Middle Income Credit that the State just started to encourage those units at 90%-130% and that is what enables us to provide that mixed income in the middle, a combination of the three programs. We will use those as well as layered conventional debt. Mr. Dirr added that the allocation to each level depends on the financing structure and the market study as well as the competitive process and the points we can get on how it is structured. Mr. DePaolo asked if they were anticipating needing approvals from the Town Board or were they here strictly for informational purposes and Mr. Dru said he does not anticipate looking for anything from the Town Board except feedback. Ms. Hunter spoke about recreational facilities for older children such as soccer fields,tennis courts etc and Mr. Dirr responded that they have added a sidewalk which the other plan did not have and they are open to those types of features but we are trying not to deviate from the plan and in looking at the previous comments, it seemed the interest was more in keeping the natural areas natural but they are more than open to those types of recreation. Ms. Bleiwas stated that she appreciated the update and agreed with Ms. Hunter about whatever recreational opportunities can be incorporated for the teenagers. She also talked about getting a bus stop there and she asked about parking areas and Mr. Dirr responded that they have approached this as a neighborhood with normal driveways for parking, not parking lots. He also stated that this backs up to the NYS Parks property where the Black Diamond Trail is and they anticipate a number of easements for trails and connectivity to CMC and down to the trail. Ms. Leary asked about the garages and Mr. Dirr explained that it is mostly a cost and visual consideration, noting that they have storage in each of the units which is what garages usually end up being. TB 2017-07-10 pg. 4 Mr. Goodman asked Mr. Dirr if they are asking the Town for a PILOT and he responded, at this time he is not but he asked what the Town's feeling are on that since some funding/grant sources find that attractive. Mr. Goodman asked about the process and Mr. Dirr outlined the different grants/funds they are pursuing. They have had positive comments from the agencies. Mr. Weber commented that it seems they would like to accelerate a lot of the infrastructure and the buildings and he reminded them that there is public water through the site and part of the acceptance of the water is that there is proper cover over the main and that usually facilitates final roadway grades, so if the water is going in prior to any construction as required, you don't have cover over the main, that's a consideration. Mr. Dirr responded that what they would typically do is engage the inspector to ensure that construction is done according to the municipality. There was some discussion on the transportation issues and conditions and Mr. Dirr responded that they will comply with all conditions of the approved plan. 5. Discuss changes and set a public hearing regarding a Proposed Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" Mr. Goodman noted that an option discussed at the last meeting was to allow the murals in all zones other than residential zones. Some discussion followed with the members concerned about what criteria would be used to determine "offensive" and others wanting to see if it is a problem before restricting it. The board was in favor of putting the restriction in as proposed in the packet copy. TB Resolution 2017-077b: Setting a Public Hearing Regarding a Proposed Local Law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning" Resolved that the Town Board of the Town of Ithaca will hold a Public Hearing on August 7, 2017 at 5:30 p.m. regarding a proposed local law Adding Art Mural Provisions to Town Code Chapter 270, "Zoning," at which time all people interested in speaking for or against the proposed local law shall be heard. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes —Goodman, Howe, Hunter, Leary, Levine, Bleiwas and DePaolo 6. Discuss and consider setting a public hearing - Public Interest Order— regarding a proposed Water Improvement for the Town of Ithaca to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation and establishing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area TB 2017-07-10 pg. 5 TB Resolution 2017-078: Order Setting a Public Hearinu Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York,pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement, and establishing the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area Present: Tee-Ann Hunter, Rod Howe, Rich DePaolo, Bill Goodman, Pat Leary, Pamela Bleiwas, and Eric Levine Moved: Tee-Ann Hunter Seconded: Rod Howe Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement, (the "Improvement'), to provide such water Improvement to the present Town water system, such water system Improvement to be constructed and owned by the Town of Ithaca, to serve a benefitted area in said Town to be known as the Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area (the "Water Improvement Area"); and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and Whereas, the area of said Town determined to be benefited by said Town of Ithaca Ellis Hollow Road Water Main and Tank Installation Water Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and Whereas, the Improvement proposed in connection with the establishment of the Water Improvement Area consists of the installation of approximately 4,000 LF of 12" and 10" water main, beginning in the area of the intersection of Pine Tree Road/Ellis Hollow Road and ending at the new tank location on Hungerford Hill Road, a glass lined Water storage tank, of approximately 600,000 gallons, located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hill Road/Ellis Hollow Road intersection and the modification/reconstruction of a Control Building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, the design and preparation of construction documents for said infrastructure, and other related ancillary facilities, at an initially determined maximum estimated cost to said Water Improvement Area of$2,750,000.00 and Whereas, said $2,750,000 maximum estimated cost, which is the cost of the project, shall be authorized to be financed, at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of a bond anticipation note, the TB 2017-07-10 pg. 6 issuance of serial bonds with a maximum maturity not in excess of the forty (40) year period prescribed by the Local Finance Law, or directly by the issuance of such bonds; and Whereas, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and Whereas, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 7th day of August, 2017, at 5:30 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to publish a Notice of Public Hearing regarding the aforesaid Improvement to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10)nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Tee-Ann Hunter, aye; Rod Howe, aye; Rich DePaolo, aye; Bill Goodman, aye; Pat Leary, aye; Pamela Bleiwas, aye; and Eric Levine, aye. The Order was thereupon declared duly adopted. 7. Continue discussion regarding proposed legislation of two-family residences including a rental registry Mr. Goodman started the discussion noting the summary sheet prepared by staff outlining the changes currently proposed. (Attachment 2) This summary or similar will go out to the public to help them understand what we are doing and to get any comments earlier rather than later. TB 2017-07-10 pg. 7 Ms. Brock had a question about whether the accessory unit would only be allowed in an accessory building to the primary building because as written, you can have a second dwelling unit in a building that is accessory to the home; a garage, barn etc. but you can't just build a second unit that is just a dwelling unit; basically a little house and a big house. Mr. Goodman responded that that was discussed at the Study Session and those present were fine with allowing that and removing the current requirement of removing an elder cottage. Mr. Bates added that there is a percentage of lot coverage which would come in to play with a stand-alone second unit. Mr. DePaolo stated that that would bring up other questions such as allowing 2-stories and Ms. Ritter suggested that there are laws out there for detached secondary units and the Planning Committee can look at those. Mr. DePaolo suggested the Planning Committee work on it for two more meetings and invite Ms. Brock to the meetings but have something ready for the full board by September. 8. Discuss and consider setting a public hearing regarding a Local Law to Extend the Moratorium on New Two-family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-family Dwelling through October 31, 2017 TB Resolution 2017-079: Setting a Public Hearing Regarding a Proposed Local Law Extending the Moratorium on New Two-family Dwellings and on the Addition of a Second Dwelling Unit to an Existing One-family Dwelling, through October 31,2017 Resolved, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York on the 24ffi day of July, 2017 at 4:30 p.m. for the purpose of considering a proposed local law Extending the Moratorium on New Two-family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-family Dwelling, through October 31, 2017,and be it further Resolved, that at such time and place all persons interested in the proposed local law may be heard concerning the same; and it is further Resolved, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca Moved: Bill Goodman Seconded: Rich DePaolo Vote: Ayes —Goodman, DePaolo, Hunter, Howe, Leary, Levine and Bleiwas 9. Discuss and consider approval and authorization to sign the revised Southern Cayuga Lake Intermunicipal Water Commission Agreement(Bolton Point) TB 2017-07-10 pg. 8 Mr. Goodman gave an overview of the history noting that this revision started a few years ago to simplify and streamline the agreement. Mr. DePaolo had a question on page 8 where it indicates that"the Chair serve as the public spokesperson of the Commission and express approved policy of the Commission when called upon" and he didn't understand the difference and asked whether this implied that the Chair can only be the spokesperson when he or she is called upon by the Commission to be the spokesperson or is he the spokesperson and can say whatever he wants and that is the edict of the Commission whenever he decides to speak. Mr. Goodman responded that that actually was not changed but he assumes that the "when called upon"would be when the Commission asks him to take on that role. Mr. DePaolo suggested changing the word "and"to "to"which makes if clearer that it is the one role because the Commission is asked from time to time to weigh in on certain environmental issues and political issues and he would want to know that if the Chair speaks he is speaking on behalf of the Commission and not unilaterally and on Commission letterhead. Mr. Goodman thought that change would be fine. Mr. DePaolo asked about page 20 which has to do with lateral sewer connection inspections and why Cayuga Heights is not included? Mr. Goodman responded that he believes they do their own and the ones in the Agreement are for those that the Commission does and charges back. Mr. Goodman clarified a few changes from Ms. Brock. The most substantive being page 7, regarding the definition of a quorum which is a quorum of the whole, including any absent seats; "A quorum shall consist of six members of the Commission." and delete the first half of the next sentence to then begin with "A vote of...." An end date for the agreement was also added. Ms. Hunter asked about the SEQR process given this also deals with supplying water and she used the example of supplying water to CAFOs. Mr. Goodman assumed there would be SEQR if water was extended. Some discussion followed and Ms. Brock stated that the provision of large quantities of water would be subject to SEQR and each agency would do its own review or it would be a coordinated review by one of the municipalities as Lead Agency for which there is another process where the town could state any concerns. Mr. DePaolo asked what would trip the balance about what is large enough to need a review and some discussion followed on how to make a review happen. Ms. Brock stated that the Commission could create a Type 1 list with any sale of water to a non-member that meets certain criteria would need review. TB 2017-07-10 pg. 9 TB Resolution 2017-080: Approving the Revised Southern Cavuga Lake Intermunicipal Water Commission Agreement and authorizing the Town Board to sign same Whereas,the Town entered into an agreement of intermunicipal cooperation with several other municipalities creating the Southern Cayuga Lake Intermunicipal Water Commission and authorizing the construction by such Commission of the Bolton Point water treatment plant and related transmission and other facilities, which agreement was restated as of June 5, 1979 and which agreement has been subsequently amended from time to time (such agreement as so amended being hereinafter referred to as the "Agreement'); and Whereas,the parties to the Agreement wish to revise the Agreement to streamline and clarify certain sections as well as incorporate the various amendments made over the years; and Whereas, a copy of the proposed revised Agreement has been submitted to this Board; and Whereas,this Board finds it is in the best interests of the Town and its citizens to effect the proposed revisions; now, therefore, be it Resolved,that the Town Board of the Town of Ithaca hereby determines, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act"SEQRA"),that adoption of said proposed revisions is a Type II action, constituting"routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment' and thus may be processed without further regard to SEQRA; and it is further Resolved,that the Town Board of the Town of Ithaca hereby adopts the revised Agreement entitled "RESTATED AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION, FINANCING AND OPERATION OF AN INTERMUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM'; and it is further Resolved,that the Town Board members sign such revised agreement as the act of the Town Board. Moved: Bill Goodman Seconded: Tee-Ann Hunter Vote: Ayes —Goodman, Hunter, DePaolo, Howe, Levine, Leary and Bleiwas 10. Discuss and consider authorization for the Town Supervisor to sign an agreement with EdR Trust for the payment of an additional Code Officer associated with Maplewood project TB Resolution 2017-081: Authorizing the Town Supervisor to Execute an Agreement with EdR Maplewood LLC for Inspection Services TB 2017-07-10 pg. 10 Whereas,the Town has requested additional financial assistance from the developers of the new Maplewood Apartments project because the volume of building inspections that will be required by the project are much more than will be paid for by the building permit fees received from the developer, and Whereas,the Town hired two new Code Enforcement Officers in February 2017 so that it would have enough personnel to handle all of the Maplewood inspections, now therefore be it Resolved that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to execute on behalf of the Town the Construction Inspection Agreement Maplewood Apartments with EdR Maplewood LLC, subject to approval from the attorney for the Town. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes —Goodman, Howe, Hunter, Levine, Leary, DePaolo and Bleiwas 11. Establish a Deer Management Committee and a Short Term Rental Committee Mr. Goodman noted that if the Deer Management were to be a Citizens advisory committee that is a town board action and we would need a resolution. Discussion followed on the two and Mr. Goodman will check with the Conservation Board members to see if someone would like to be on it and invite others with expertize to be on the committee. Mr. DePaolo, Ms. Hunter and Ms. Leary will be on the STR Committee and Mr. Levine and Ms. Bleiwas will be on the Deer committee with the caveat that they meet at lunch time. Ms. Bleiwas noted that she would be "playing devil's advocate" and the board understood that. 12. Consider Consent Agenda Items TB Resolution 2017-082: 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. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Ratify Appointment of Distribution Manager—Bolton Point Moved: Tee Ann Hunter Seconded: Rich DePaolo Vote: Ayes—Howe, Hunter, Leary, Levine, DePaolo and Goodman TB Resolution 2017-082a: Approval of Town Board Minutes of June 12, 2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on June 19, 2017 of the Town Board of the Town of Ithaca TB 2017-07-10 pg. 11 TB Resolution 2017-082b: Toicn of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 830 - 889 General Fund Townwide 33,821.07 General Fund Part-Town 13,615.97 Highway Fund Part-Town 24,821.76 Water Fund 17,887.15 Sewer Fund 297,383.01 Risk Retention Fund 155.16 Forest Home Lighting District 36.61 Glenside Lighting District 10.93 Renwick Heights Lighting District 18.89 Eastwood Commons Lighting District 25.58 Clover Lane Lighting District 3.42 Winner's Circle Lighting District 5.11 Burleigh Drive Lighting District 11.9 West Haven Road Lighting District 47.29 Coddington Road Lighting District 27.52 Trust and Agency 1,368.00 TOTAL 389,239.37 TB Resolution 2017-082c: Bolton Point Abstract Whereas,the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Whereas, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 252-289 Check Numbers: 17181-17218 TB 2017-07-10 pg. 12 Capital Impr/Repl Project $ 1 ,512.08 Operating Fund $ 62,987.67 TOTAL $ 64,499.75 Less Prepaid $ 18,931.04 TOTAL $ 45,568.71 TB Resolution 2017-082d: Appointment of Distribution Manager at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on July 6, 2017, provisionally promotionally appointed Gregg Weatherby, Assistant Distribution Manager, as the Distribution Manager, effective August 6,2017; now, therefore,be it Resolved, that the Town of Ithaca does hereby ratify the Commission's provisional appointment of Gregg Weatherby, Assistant Distribution Manager, as the Distribution Manager, effective August 6, 2017, at an annual salary of$72,550, in Job Classification `9', with full time benefits including a Commission vehicle for commuting and emergency response purposes; and, be it further Resolved, the said appointment is a provisional promotional appointment pending a promotional civil service exam for Distribution Manager. 13. Report of Town Officials/Town Committees and Intermunicipal Organizations Mr. Goodman reported that the Group of Six met regarding the 2003 agreement for water/sewer and the current elected officials are trying to get up to speed on what the coordination should be for the treatment plants and capacity. The agreement actually spells out a few things that should be happening that are not so more to come on this. 14. Review of Correspondence Mr. Goodman noted that there is a letter from Mr. Wattros regarding the Pennsylvania Ave 280a issue. His lot does not have frontage on a public road but there is an existing house there so it would need to be declared an open development zone. The question is whether to do it for one lot or a couple of lots. Mr. Goodman suggested it go to the Planning Committee and Mr. Bates could bring any of the other lots to for review and then the board could discuss it at the next meeting. 15. Consider Adjournment Meeting was adjourned upon a motion and a second at 7:53 p.m. Submitte Paulette Rosa, Town Clerk TB 2017-07-10 pg. 13 C O V O O O L? 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Tioga Street Ithaca, NY 14850 Certificates Issued From: 6/1/2017 To: 6/30/2017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2017-0224 6/1/2017 CC 28.-1-26.85 306 RACHEL CARSON TRA MKELLY ISSUED 2016-0451 6/1/2017 CC 52.-2-1 120 Northview Rd MKELLY ISSUED 2017-0257 6/2/2017 CC 56.-2-1.1 1551 Slaterville Rd BBATES ISSUED 2017-0152 6/2/2017 CC 72.-1-1.114 310 Winthrop Dr MSTONIER ISSUED 2017-0229 6/2/2017 CC 70.-2-3 301 Muriel St MSTONIER ISSUED 2017-0215 6/2/2017 CC 62.-2-1.123 381 Pine Tree Rd BBATES ISSUED 2017-0216 6/2/2017 CC 62.-2-1.123 381 Pine Tree Rd BBATES ISSUED 2017-0214 6/2/2017 CC - Elect 62.-2-1.123 381 Pine Tree Rd BBATES ISSUED 2017-0163 6/5/2017 CO 60.1-1-21.3 321 Strawberry Hill Cir MMOSELEY ISSUED 2017-0238 6/5/2017 CC 66.-5-3 124 Judd Falls Rd MSTONIER ISSUED 2017-0134 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2016-0505 6/6/2017 CC 70.-10-1.27 115 Birchwood Dr DMAGNUSO ISSUED 2017-0136 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2017-0115 6/6/2017 CC 36.-1-4.5 1150 Danby Rd SWILLIAMS ISSUED 2017-0133 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2017-0135 6/6/2017 CC 36.-1-4.5 1150 Danby Rd DMAGNUSO ISSUED 2017-0218 6/7/2017 CC 56.-3-13.25 9 John St MSTONIER ISSUED 2017-0144 6/7/2017 CC 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED 2017-0239 6/9/2017 CC 61.-1-8.13 212 Snyder Hill Rd MSTONIER ISSUED 2017-0236 6/12/2017 CC 24.-5-3.2 255 Hayts Rd DMAGNUSO ISSUED 2017-0008 6/13/2017 CC 43.-2-10 203 Tibet Dr DMAGNUSO ISSUED 2017-0007 6/13/2017 CC 43.-2-10 207 TIBET DR DMAGNUSO ISSUED 2017-0158 6/16/2017 CC 63.-2-10.2 201 Maple Ave MSTONIER ISSUED 2016-0354 6/19/2017 CO 44.-1-93 165 Whitetail Dr DMAGNUSO ISSUED 2016-0303 6/19/2017 CC 44.-1-93 165 Whitetail Dr DMAGNUSO ISSUED 2017-0254 6/20/2017 CC 48.-1-14.61 803 CODDINGTON ROAD MKELLY ISSUED 2017-0153 6/20/2017 CC 44.-2-6 153 King Rd E MSTONIER ISSUED 2017-0302 6/21/2017 CC 65.-1-5.2 528 Plantations Rd MMOSELEY ISSUED Page 1 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From: 6/1/2017 To: 6/30/2017 Cert. # Date Type Temp SBL Legal Address Inspector Status 2017-0295 6/21/2017 CC 65.-1-5.2 528 Plantations Rd MMOSELEY ISSUED 2017-0307 6/21/2017 CC 65.-1-5.2 528 Plantations Rd MMOSELEY ISSUED 2017-0308 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0297 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0299 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0298 6/21/2017 CC 67.-1-6 1 Plantations Rd MMOSELEY ISSUED 2017-0283 6/21/2017 CC 63.-1-8.1 161 Synchrotron Dr MMOSELEY ISSUED 2017-0282 6/21/2017 CC 63.-1-8.1 161 Synchrotron Dr MMOSELEY ISSUED 2017-0300 6/21/2017 CC 71.-6-1 1101 HANSHAW RD MSTONIER ISSUED 2015-0357 6/21/2017 CO 36.-2-18 1151 Danby Rd MKELLY ISSUED 2017-0332 6/23/2017 CC 72.-1-1.159 139 Simsbury Dr MSTONIER ISSUED 2017-0167 6/23/2017 CO 60.1-1-12.2 240-3 Strawberry Hill Cir MMOSELEY ISSUED 2017-0272 6/26/2017 CC 56.-2-1.1 1551 Slaterville Rd BBATES ISSUED 2017-0296 6/26/2017 CC 70.-11-42 1402 HANSHAW ROAD MKELLY ISSUED 2017-0249 6/27/2017 CC 68.-1-9 213-215 Warren Rd BBATES ISSUED 2015-0360 6/27/2017 CC 36.-2-18 1151 Danby MKELLY ISSUED 9962 6/27/2017 CO 71.-1-70 303 BLACKSTONE AVENUE MKELLY ISSUED 2017-0323 6/27/2017 CO 58.-2-30 1450 Slaterville Rd DMAGNUSO ISSUED 2017-0329 6/28/2017 CC 29.-2-2 116 Valley View Rd MSTONIER ISSUED 2016-0529 6/28/2017 CO 60.-1-7 957 Mitchell St DMAGNUSO ISSUED 2017-0103 6/29/2017 CC 70.-10-3.12 108 Sapsucker Woods Road MKELLY ISSUED Page 2 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Type and Status From: 6/1/2017 To: 6/30/2017 Certificate Type Certificate Status Count CC 41 CC - Electrical Only 1 CO 7 Total: 49 ISSUED 49 Page 3 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 6/1/2017 To: 6/30/2017 Date Type Tax Parcel # Legal Address Disposition 6/5/2017 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Key fob located in the knox box next to the SW entrance door will not open door. 6/7/2017 BUILDING WITHOUT A PER 33.-2-3.42 124 Seven Mile Dr CLOSED Desc: Person called in to report Tracie Sheldrake Evans is turning her garage in to an apartment w/o a building permit. 6/12/2017 FIRE SAFETY VIOLATIONS 43.-2-2.2 1103 Danby Rd CLOSED Desc: Sprinkler pipe brake. System is COS 6/12/2017 FIRE SAFETY VIOLATIONS 904 East Shore Dr CLOSED Desc: IFD responded to fire alarm in the board room 6/12/2017 FIRE SAFETY VIOLATIONS 103 Bundy Rd CLOSED Desc: Responded to unoccupied Bldg B for a fire alarm. FAP indicated attic heat detector. 6/13/2017 FIRE SAFETY VIOLATIONS 131/133 Bella Vista Cir CLOSED Desc: IFD responded to a fire alarm at residence. Activated detector located in attic space. 6/13/2017 BUILDING WITHOUT A PER 54.-7-46 223 Coddington Rd OPEN Desc: Stopped by 223 Coddington and knocked on the door. The back deck appeared to be new, which can be seen from Coddington Road. No one came to the door, so I left my Town business card to have them call us. 6/19/2017 LOCAL LAW 58.-1-5 1335 Slaterville Rd OPEN Desc: It appears that this is a rental property since both owners live off site. There are numerous cars parked here, neighbors suspect it is student housing but it is a single family home. 6/21/2017 GRASS 58.-1-5 1335 Slaterville Rd UNFOUNDED Desc: Neighbor concerned that the grass is approx. 3 ft high and may cause rodents in the area. 6/21/2017 LOCAL LAW 58.-1-5 1335 Slaterville Rd OPEN Desc: Property listed as a single-family residence, during the school year there are approx. 7 cars there every night and more on the weekend. Vehicles park in the lawn and on the hwy. 6/22/2017 OTHER 63.-2-10.2 201 Maple Ave CLOSED Desc: The owner of the flower shop on Mitchell Street, French Lavender, called and left a message that she was not happy with the construction activities pertaining to Maplewood redevelopment. She indicated that sub contractors were being disrespectful to her and parking in her parking lot. When she asked them to move their vehicle they then parked it right in front of her door (health consultants on behalf of Page 1 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 6/1/2017 To: 6/30/2017 Date Type Tax Parcel # Legal Address Disposition NYSEG). Then another subcontractor (TG Miller) parked in the mouth of her driveway and blocked access. Then her and her neighbors mailbox were blocked and they could not get mail. She asked how long the road would be in this condition. I noted that there would be water service interruption and she asked when and for how long. She is aware that the construction needs to happen, but would like more communication and less direct impact on her business. I called Art Thompson and explained what was happening to the owner and all of the questions that were asked of me. Art indicated that he or someone from his team would personally stop by today (6/22) and talk with the owner about the impact on her parking lot and any of her questions. Art stated that he knew the owner personally. I called Monique Morse and stated that Art Thompson knew her, but she could not recall who he was, and someone from his organization would stop by to answer any questions and listen to her issues. I told her that if she did not see someone by the end of today to call me back and I would then contact Art again. Also I suggested that she call Tompkins County Highway and let them know of the issues, since they issued the permit. I provided the phone number and suggested to ask for Carl Martel. 6/22/2017 NYS BUILDING CODE 54.-5-26 180 Kendall Ave OPEN Desc: Failed to renew permit 2016-0167 6/22/2017 BUILDING WITHOUT A PER 122 Ithaca Beer Dr OPEN Desc: IFD was conducting a fire safety reinspection and Ithaca Beer was finishing the installation of a huge cooler and they didn't have any sprinkler heads inside which are required by NFPA 13-2013 edition and Town of Ithaca Code Section 225-4. 6/22/2017 PROPERTY MAINTENANCE 39.-1-13 1050 Danby Rd OPEN Desc: Dump site behind building, tires, couch, trash etc. spilling over into complaintants property 6/23/2017 FIRE SAFETY VIOLATIONS 200 Conifer Dr OPEN Desc: TCEC reported an almost 15 minute delay in the reporting of a fire alarm from West Fire. They will be sending an alarm tech out to look for the cause of the delay. 6/26/2017 GRASS 30.-2-7 504 Five Mile Dr OPEN Desc: Someone called regarding this property located at 504 Five Mile Dr. The individual stated that the grass is growing over and tall and that there are all types of animals are living there (grass) such as possum's and other. Page 2 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 6/1/2017 To: 6/30/2017 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 3 FIRE SAFETY VIOLATIONS 6 GRASS 2 LOCAL LAW 2 NYS BUILDING CODE 1 OTHER 1 PROPERTY MAINTENANCE 1 Total: 16 CLOSED 7 OPEN 8 UNFOUNDED 1 Page 3 of 3 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From: 6/1/2017 To: 6/30/2017 Date Type Tax Parcel # Legal Address Disposition 6/5/2017 FIRE SAFETY VIOLATIONS 1028 Ellis Hollow Rd CLOSED Desc: Key fob located in the knox box next to the SW entrance door will not open door. 6/7/2017 BUILDING WITHOUT A PER 33.-2-3.42 124 Seven Mile Dr CLOSED Desc: Person called in to report Tracie Sheldrake Evans is turning her garage in to an apartment w/o a building permit. 6/12/2017 FIRE SAFETY VIOLATIONS 43.-2-2.2 1103 Danby Rd CLOSED Desc: Sprinkler pipe brake. System is COS 6/12/2017 FIRE SAFETY VIOLATIONS 904 East Shore Dr CLOSED Desc: IFD responded to fire alarm in the board room 6/12/2017 FIRE SAFETY VIOLATIONS 103 Bundy Rd CLOSED Desc: Responded to unoccupied Bldg B for a fire alarm. FAP indicated attic heat detector. 6/13/2017 FIRE SAFETY VIOLATIONS 131/133 Bella Vista Cir CLOSED Desc: IFD responded to a fire alarm at residence. Activated detector located in attic space. 6/21/2017 GRASS 58.-1-5 1335 Slaterville Rd UNFOUNDED Desc: Neighbor concerned that the grass is approx. 3 ft high and may cause rodents in the area. 6/22/2017 OTHER 63.-2-10.2 201 Maple Ave CLOSED Desc: The owner of the flower shop on Mitchell Street, French Lavender, called and left a message that she was not happy with the construction activities pertaining to Maplewood redevelopment. She indicated that sub contractors were being disrespectful to her and parking in her parking lot. When she asked them to move their vehicle they then parked it right in front of her door (health consultants on behalf of NYSEG). Then another subcontractor (TG Miller) parked in the mouth of her driveway and blocked access. Then her and her neighbors mailbox were blocked and they could not get mail. She asked how long the road would be in this condition. I noted that there would be water service interruption and she asked when and for how long. She is aware that the construction needs to happen, but would like more communication and less direct impact on her business. I called Art Thompson and explained what was happening to the owner and all of the questions that were asked of me. Art indicated that he or someone from his team would personally stop by today (6/22) and talk with the owner about the impact on her parking lot and any of her questions. Art stated that he knew the owner personally. I called Monique Morse and stated that Art Thompson knew her, but she could not recall who he was, and someone from his organization would stop by to answer any questions and listen to her issues. I told her that if she did not see someone by the end of today to call me back and I would then contact Art again. Also I suggested that she call Tompkins County Highway and let them know of the issues, since they issued the permit. I provided the phone number and suggested to ask for Carl Martel. Page 1 of 2 7/6/2017 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 6/1/2017 To: 6/30/2017 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 1 FIRE SAFETY VIOLATIONS 5 GRASS 1 OTHER 1 Total: 8 CLOSED 7 UNFOUNDED 1 Page 2 of 2 Attachment #1 322 Woodbridge Avenue Buffalo,New York 14214 Phone(518)250-2931 NRP Mobile C 1rr 445-0990 Email: CDirr(cilNRPGroGroup.com Website:www.NRPGroun.com P. Christopher Dirr Vice President-Development June 19, 2017 DELIVERED VIA E-MAIL: CBalestraATown.Ithaca.NY.US Christine Balestra, Planner Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Ms. Balestra: Re: Update on Ithaca Townhomes (aka Holochuck Homes Subdivision)to Town Board and Planning Board The purpose of this correspondence is to update the Ithaca Town Board regarding progress that has been made toward the construction of Ithaca Townhomes (aka Holochuck Homes Subdivision)(the "Development"). An affiliate of The NRP Group ("NRP"), on behalf of ato-be- formed entity, has contracted to purchase from Holochuck Homes LLC ("Holochuck") the property upon which the Development will be constructed. NRP is aware of the conditions enumerated in the `Final Subdivision Approval', dated 17, April 2012 ("Subdivision Approval"), and affirms its intention to comply with said conditions. NRP has carefully reviewed the SEQRA record for the Development and has furthered its plans to ensure consistency with the scope of the completed environmental review. In fact, as discussed below, in some instances we believe that we have reduced environmental impacts associated with the approved Development. NRP would like to highlight to the Town several elements of its conceptual plans, as follows: 1. It is NRP's intention to construct the improvements, and all of the townhome units, in either one or two phases, as outlined in the Subdivision Approval, and anticipates making the majority of the units available as rental units, with potential to convert to home ownership upon refinance or recapitalization at some point in the future. A benefit of this approach would be to condense the period of proposed construction activity. Relative to this approach, NRP would like approval to commence Ithaca Townhomes(Holochuck Homes Subdivision) June 19, 2017 Page 2 of 3 construction of the units simultaneous with construction of the phased infrastructure improvements with the understanding that no Certificates of Occupancy ("CO") for units would be issued until completion of the basic infrastructure improvements. 2. NRP proposes to construct and maintain the subdivision infrastructure as private facilities, and will accordingly assume responsibility for all maintenance and repair of same. 3. NRP and its design team have studied the dialogue of the Development that occurred during the prolonged subdivision approval process. We propose modification to the previously reviewed building elevations. The purpose of these modifications is to: (a) Make the buildings more attractive by responding to and incorporating local vernacular, and reflect a greater variety of building facades and unit types; (b)Reduce the building massing along the internal street to a single story structure, which provides for superior utilization of the site topography and better facilitates reduced site cut-and-fill. The reduced building height will drastically reduce the visual impression of the units from the east side of Cayuga Lake, and in conjunction with increased landscaping along the east side of the development, minimize the visual influence on West Hill; and, (c) Maintain individual driveways,but eliminate garages in an effort to reduce the building size and mass. Instead, bulk storage areas will be incorporated into each unit. 4. NRP would like to utilize an approved unit in a central location as a Clubhouse for the residents of the Development. This Clubhouse would facilitate community interaction by including: Office space for the Development Manager and Maintenance Personnel; a Community Room with kitchenette; a Conference Room / Library; Computer Lab; Re-Use Room and Tool Exchange for residents; Laundry facilities in the event residents do not have their own washers / dryers; Community Playground Area, and Community Gardens. This Clubhouse has been envisioned to serve as a "neighborhood hub" and to reduce residents need for duplication of these areas. 5. We do not believe that the contemplated modifications will have any impact on the extensive approved traffic analysis. In conjunction with the previously agreed to traffic mitigation efforts (including but not limited to the Bus Pass for each unit), we believe traffic has been exhaustively addressed, and that our plans do not modify this approval. 6. NRP affirms its intention to create a mixed-income neighborhood. As such, it confirms that it plans to make units available to households with incomes in the range of 50% AMI— 130% AMI ("Area Median Income"). We have not yet determined a unit mix breakdown. This will evolve as the Development progresses, but shall nonetheless, comply with the Subdivision Approval. Ithaca Townhomes(Holochuck Homes Subdivision) June 19, 2017 Page 3 of 3 NRP looks forward to continuing to work with the Town toward completion of this long- planned development, and is hopeful that it will be in a position to commence construction in the late Fall of 2017, or Spring 2018. I am available for any questions that arise. Thank you. Sincerely, P. Christopher Dirr Vice President—Development CC: Steven W. Hugo, AIA—Holt Architects Mark W. Parker, PE, CPESC—Keystone Associates Adam S. Walters, Esq. —Phillips Lytle, LLP Anne M. Tyler—The NRP Group LLC Proposed Town of Ithaca Legislation Attachment #2 Summary Sheet Proposed Legislation#1: Accessory Dwelling Units- Owner occupancy requirements and modification of sizing and placement requirements. What is an accessory dwelling unit(ADU Sometimes referred to as an accessory apartment,secondary unit, in-law unit, or granny flat, these are smaller,secondary dwelling units located on a single-family lot that function independently of the primary unit,with a separate kitchen,living area,and entrance. What are the current regulations pertaining to ADUs? An ADU is allowed as an attached unit to the primary house in all residential zones in the Town. An ADU cannot be larger than 50% of the floor area of the primary house (excluding the basement area). Where the ADU is constructed entirely with the basement area, it may exceed 50% of the floor area of the primary house. With special approval from the Zoning Board of Appeals,an ADU can also be constructed as part of an accessory structure,such as a garage,barn, or carriage house. What is the issue and why is legislation needed? Accessory apartments were originally envisioned as a way for a homeowner to care for a relative,such as an aging parent, or as a means to supplement income from renting the ADU to offset a mortgage,taxes, or other costs of home ownership. Today,given Ithaca's lucrative student housing market,some developer/property owners are taking advantage of the Town's ADU provisions and building structures with two dwelling units as student rentals in traditional single-family neighborhoods. The current ADU size threshold has had the unintended consequence of promoting the development of some atypically large structures with full-sized (primary-unit-sized)ADUs. It has also resulted in the development of structures with equally-sized primary and ADU dwellings (by constructing the ADU in the basement), in zones where conventional duplexes are not currently allowed. What are the proposed regulations pertaining to ADUs? In all residential zones other than High Density, new ADUs must comply with owner occupancy requirements.The owner must reside in either the primary or ADU unit. This applies to an ADU constructed as part of a new home or a new ADU constructed within an existing home or accessory structure. Existing homes and properties already having an ADU will be unaffected. The owner occupancy requirements will not apply to these pre-existing ADUs in the future, even if the property is sold, or ownership is transferred. (Vote: The ADU must be legally recognized either through building permit records and/or Tompkins County Assessment records. New ADUs will be limited to 800 square feet in size,and must be a minimum of 300 square feet. New ADUs may be detached from a primary dwelling or an accessory structure (i.e.garage) in certain locations and under certain circumstances. Proposed Town of Ithaca Legislation Summary Sheet Proposed Legislation#2 Establishing a Town of Ithaca Residential Rental Operating Permit Requirement What is an Operating Permit? The Town of Ithaca will be requiring an Operating Permit for residential rental properties. Requiring an Operating Permit will achieve the same result as a rental registry,a program/tool used by many communities where rental housing is a dominant factor, and make sure that the rental unit meets basic health and safety standards. Property owners/landlords will apply for an Operating Permit with the Town every 3-5 years,at which time the property would be subject to inspection. The permit requirement will apply to all rented single-family homes and to all accessory dwelling units/apartments,whether rented or not. Why does the Town need a rental permit program? About 50% of the housing units in the Town are rental units. Having a permit program is intended to ensure that rental housing is maintained in a safe condition and is also not subject to overcrowding. The current system for code enforcement has proven ineffective because it leaves tenants vulnerable to retaliation when they report problems. A permit program would ensure that all rental units meet basic health,safety and occupancy standards by requiring regular inspections of rental homes. How would a rental permit program work in the Town of Ithaca? A permit program would be administered by the Town. Landlords/property owners would be required to apply for a permit for their rental property and schedule an inspection. Once a property passes inspection it would receive an Operating Permit which will allow the landlord/property owner to rent the property and which will be valid for a dedicated number of years unless revoked. The permit will be available for current and prospective tenants to see. Do other communities have a Permit/Rental Registry program? The City of Ithaca has had such a program for many years. Other communities with similar systems include Binghamton, Elmira,Canandaigua,and Syracuse. The City of Auburn is currently considering a program.