HomeMy WebLinkAbout03-11-15 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: March 11, 2015
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Special Order of Business
a) Public Hearing – Repeal of Collegetown
Parking Overlay Zone (CPOZ)
b) Public Hearing – Proposal to Amend the
Industrial Zone
c) Public Hearing – Proposal to Rezone Former
Gun Hill Factory Site
3) Public Comment and Response from Committee
Members
4) Announcements, Updates, and Reports
5) Action Items – Voting to Send on to Council
a) Proposed Historic District Designation –
Downtown West Historic District
b) Proposed Historic Landmark Designation – 421
N. Albany St. (Dennis‐Newton House)
c) Repeal of Collegetown Parking Overlay Zone
(CPOZ)
d) Proposal to Amend the Industrial Zone
e) Proposal to Rezone Former Gun Hill Factory
Site
f) Planning Board as Lead Agency – Common
Council as an Involved Agency
6) Action Items – Approval to Circulate
a) Divestiture of City‐owned Lands – Elmira
Road, Seneca Street, State/MLK Street
7) Review and Approval of Minutes
a) January 2015, February 2015
8) Adjournment
No
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
JoAnn Cornish, Planning Director
Bryan McCracken, Planning Staff
Bryan McCracken, Planning Staff
Megan Wilson, Planning Staff
Jennifer Kusznir, Planning Staff
Jennifer Kusznir, Planning Staff
Lisa Nicholas, Planning Staff
Tom West, City Engineer
6:00
6:05
6:20
6:40
6:50
7:15
7:30
8:00
8:20
8:40
8:50
9:00
9:05
If you have a disability and require accommodation in order to fully participate, please contact the City Clerk
at 274‐6570 by 12:00 noon on Tuesday, March 10, 2015.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Members of the Planning & Economic Development Committee
FROM: Bryan McCracken, Historic Preservation Planner
RE: Local Designation of the Downtown West Historic District and the Dennis-
Newton House, 421 N. Albany St.
DATE: March 3, 2015
At their regular monthly meeting on Tuesday, February 10, 2015, the Ithaca Landmarks
Preservation Commission (ILPC) held public hearings to consider the designations of the West
State and South Albany Street survey area as a local historic district and the property located at
421 N. Albany St. as an individual local landmark. At the conclusion of these public hearings,
the ILPC voted to recommend the designations to Common Council for consideration. The
designation of local historic districts and landmarks is a Type II Activity under the State
Environmental Quality Review Act and the City Environmental Quality Review Ordinance and
as such requires no further environmental review.
Included in this packet are copies of the resolutions adopted by the ILPC. Please note that the
Downtown West Historic District is referred to as the West State Historic District in the ILPC
resolution and the Titus-Wood Historic District in the Planning and Development Board
resolution and report. Both of these alternate names were considered for the proposed district
prior to the Commission’s selection of Downtown West as the official name, which occurred
after the ILPC and P&D Board meetings. Full documentation of the historic and architectural
significance of the Dennis-Newton House and the Downtown West Historic District, including
its individual properties, is available for public review at the City of Ithaca Department of
Planning & Development, 3rd floor, City Hall, 108 East Green Street during regular business
days between 8:30 a.m. and 4:30 p.m.
As set forth in the Municipal Code, the Board of Planning and Development has filed a report to
the Common Council with respect to relation of the designation with the comprehensive plan, the
zoning laws, projected public improvements, and any plans for renewal of the site or area
involved. A copy of that report is attached. Also included in this packet is a letter from
Tompkins County (as required by GML §239-l–m). No reply was received from the
Conservation Advisory Council in response to our request (as required by CEQR §176-3-J) for
their comment on these proposals.
"An Equal Opportunity Employer with a commitment to workforce diversification." 2
The Common Council is now requested to act to designate, veto, or refer the designation back to
the ILPC for modification. A resolution is included in this packet for the Committee’s
consideration.
Proposed Resolution
Planning & Economic Development Committee
March 11, 2015
RE: LOCAL HISTORIC DISTRICT DESIGNATION OF THE DOWNTOWN WEST
HISTORIC DISTRICT
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks
Preservation Commission may recommend designation of individual landmarks and
districts of historic and cultural significance, and
WHEREAS, on February 10, 2015, the Ithaca Landmarks Preservation Commission conducted a
public hearing for the purpose of considering a proposal to designate the West State
and South Albany Street survey area as a local historic district, and
WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act
and an Unlisted Action under the City Environmental Quality Review Ordinance and
after conducting appropriate environmental review the Ithaca Landmarks
Preservation Commission, acting as Lead Agency, has determined that the proposal
will not have a significant environmental impact, and
WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks
Preservation Ordinance and has voted to designate the West State and South Albany
Street survey area as a local historic district, and
WHEREAS, Section 228-3 of the Municipal Code states that the Council shall within ninety days
of said recommendation to designate, approve, disapprove or refer back to the
Commission for modification, and
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Planning Board shall file a
report with the Council with respect to the relation of such designation to the
comprehensive plan, the zoning law, projected public improvements, and any plans
for the renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of the
designation, adopted by resolution at the meeting held on February 24, 2015, has
been reviewed by the Common Council, now, therefore, be it
RESOLVED, that the Ithaca Common Council finds that the designation will not conflict with the
comprehensive plan, existing zoning, projected public improvements, or any plans
for renewal of the site and area involved, and be it further
RESOLVED, that the Downtown West Historic District meets the definition of a local historic
district as set forth in the Municipal Code, as follows:
An area which contains primarily properties which meet one or more of the criteria
for designation as an individual landmark, namely:
1. Possessing special character or historic or aesthetic interest or value as
part of the cultural, political, economic, or social history of the locality,
region, state, or nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style; or
4. Being the work of a designer whose work has significantly influenced an
age; or
5. Representing an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristics.
and is an area which constitutes a distinct section of the city by reason of
possessing those qualities that would satisfy such criteria.
and be it further
RESOLVED, that the Ithaca Common Council [approves/denies] the designation of the
Downtown West Historic District as a Local Historic District under Section 228-3
of the Municipal Code.
ILPC Meeting – 02/10/2015
Resolution - RC
RE: Local Designation of the West State Historic District
RESOLUTION: Moved by J. Minner, seconded by K. Olson
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks
Preservation Commission (ILPC) may designate landmarks and districts of historic
and cultural significance, and
WHEREAS, a public hearing held on February 10, 2015, for the purpose of considering a proposal
to designate eight properties on West State and South Albany Streets, identified more
specifically in the attached map, as a local historic district has been concluded, and
WHEREAS, appropriate environmental review has been conducted by the Ithaca Landmarks
Preservation Commission acting as Lead Agency and it has been determined that the
proposal will not have a significant environmental impact, and
WHEREAS, Section 228-3 of the Municipal Code defines a HISTORIC DISTRICT as
follows:
A group of properties which:
1. Contains primarily properties which meet one or more of the
criteria for designation as an individual landmark; and
2. Constitutes a distinct section of the city by reason of possessing those
qualities that would satisfy such criteria.
and,
WHEREAS, Section 228-3 of the Municipal Code defines the criteria for designation of an
individual landmark as follows:
1. Possessing special character or historic or aesthetic interest or value as
part of the cultural, political, economic, or social history of the locality,
region, state, or nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style; or
4. Being the work of a designer whose work has significantly influenced an
age; or
5. Representing an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristics.
and,
WHEREAS, the Commission has made the following findings of fact concerning the proposed
designation:
1. The Titus Wood Historic District is an area which contains primarily
properties which meet one or more of the criteria for designation as an
individual landmark.
Per criterion #1, the West State Historic District possesses a special character,
historical interest, and aesthetic interest and value as part of the cultural,
political, economic, and social history of the city by virtue of its association
with several prominent businessmen, politicians, a physician and the developer
Charles M. Titus.
The district derives special character as well as special historical and
aesthetical interest and value as the home of several prominent local
businessmen whose activities greatly impacted the early development of the
Village and City of Ithaca, including Captain J. W. Tibbetts, who started the
Forest City Mixed Paint Works and was elected Tompkins County Sheriff in
1885 and 1891; Charles J. Rumsey, who operated a hardware store in
partnership with his brother and was the president of Ithaca from 1882-84;
DeForest Williams, who was a supervisor of the Ithaca Glass Works and was
involved in the establishment of the Lyceum Theater Company in Ithaca;
William M. Kent, who was a Tompkins County judge; Charles M. Williams,
who was a prominent businessman involved in the lumber trade, the Ithaca
Trust Company and the Ithaca Savings Bank; William L. Carey, a railroad
conductor for the Ithaca and Athens Railroad, who also served as a Village of
Ithaca Trustee from 1884-85 and organized the Cook Land Company; Dr.
Hardy T. Rhodes, who built 301 West State Street as residence and office for
his medical and surgical practice.
The district derives special character as well as special historical and
aesthetical interest and value from its association with developer, Charles M.
Titus, who is responsible for the development of the southwest and northwest
parts of the city known as the flats into a desirable residential neighborhood
in the 1870s. Titus’ own residence was located at 315 West State Street,
currently the site of the Central Fire Station parking lot. In the 1860s, his
large house and lot occupied approximately half of the block bounded by
Owego (now State), Plain, Green and Albany Streets. Between 1888 and
1921, portions of Titus’ land were sold and five of the seven houses in the
district were built.
Per criterion #3, the district is also significant as a collection of intact late
nineteenth and early-twentieth century houses embodying the distinguishing
characteristics of the popular architectural styles of the era, including Stick,
Queen Anne, second phase Italian Renaissance Revival and Craftsman. Three of
the properties retain original automobile garages, one with a particularly high
level of integrity, offering excellent evidence of an early-twentieth century
example of this program type.
The Commission has received expert opinion concerning the significance of
the building types and styles of architecture that were typical in the period
between 1880, the construction date of the earliest extant building in the
district, and c.1922, the construction date of the latest extant building.
The properties in the district are notable examples of architectural styles
popular during the late nineteenth and early twentieth century. The styles
represented are as follows: Stick (310 West State Street); Queen Anne (314
and 317 West State, and 108 and 110 South Albany Streets); second phase
Italian Renaissance Revival (301 West State); and Craftsman (307 West
State Street)
Per criterion #4, many of the properties within the district are representative works
of designers whose works have significantly influenced an age. The district
contains houses designed by early Ithaca architect A.B. Dale and Cornell-trained
architects A. B. Wood and Arthur Gibb.
Alvah B. (Buckbee) Wood (1850-1909) attended Cornell University from
1871-74 and studied architecture. He designed several residences in Ithaca
as well as the Ithaca High School and the Morse Chain Works. He also
designed several railroad depots for the Lehigh Valley Railroad in Ithaca
(1898), Geneva (1892) and Wilkes-Barre, Pennsylvania, and is credited
with the design of the 1896 Immaculate Conception Church in Ithaca.
Built in 1880 and 1885 respectively, 310 and 314 West State Street are
excellent examples of Wood’s early residential designs and demonstrate
clearly the range of his architectural ability.
Arthur N. Gibb (1868-1949) was born in Quebec City in 1868 and
graduated from Cornell with an architecture degree in 1890. He remained
in Ithaca and worked briefly in the office of William H. Miller, another
prominent Ithaca architect. Gibb then became a partner of Clinton L.
Vivian for eight years and later a partner of Ornan H. Waltz. As a sole
practitioner and a partner in a firm, Gibb designed a number of buildings
in Ithaca, including the dome of Sibley Hall at Cornell in 1902. Gibb and
Waltz designed a number of buildings still extant in Ithaca, including
Rand Hall at Cornell; the Chi Psi fraternity house (1907-09); the Delta Chi
fraternity house (1914-15 known as the Knoll); the original Elks Lodge
(1915-16); the Crescent Theater (1916) and the Masonic Temple (1926).
Gibb himself is responsible for the design of the Henry St. John
Elementary School (1925). 301 West State is an excellent example of his
residential designs.
A.B. Dale (Alfred B., 1829-1910) was born in Portsmouth, England and
trained as carpenter. He came to Ithaca around 1845 or 1850 and worked
as journeyman carpenter before spending one year with architect I. G.
Perry in Albany. Dale returned to Ithaca and opened his own office in
Ithaca in 1870. Over the course of his career, he designed many stores and
residences in Ithaca, including the Boardman House (1866); the Griffin
Block (1872); the Bates Block (1872); the Titus Block (1876); the
Sprague Block, the Ithaca Hotel (1870-71) and the Andrus-Whiton House
at 212 Aurora Street (1873). 317 West State Street is a good example of
his remaining residential work in Ithaca.
2. The Titus Wood Historic District constitutes a distinct section of the
city by reason of possessing those qualities that would satisfy the
criteria for designation as an individual landmark.
The West State Historic District encompasses eight contiguous properties slightly
west of the downtown commercial core. The geographic boundaries were
deliberately plotted to capture the houses built on the historic Titus house lot and
the remaining residential properties on the north side of West State Street. As a
unit, these properties reflect the original residential character of the
neighborhood.
And,
WHEREAS, the Commission adopts as its own the documentation and information more fully set
forth in the report titled West State and South Albany Streets Local Historic District
Nomination, prepared by Sara Johnson and Christine O’Malley of Historic Ithaca,
Inc, with research provided by Mary Tomlan, dated 2012, now, therefore, be it
RESOLVED, that the Ithaca Landmarks Preservation Commission, determines that the West State
Historic District meets the definition of an historic district as set forth in Section 228-
3 of the Municipal Code, Landmarks Preservation, and be it further
RESOLVED, that the Commission hereby recommends designation of the West State survey area,
which boundaries are shown on the attached map, as a local historic district.
RECORD OF VOTE:
Moved by: J. Minner
Seconded by: K. Olson
In Favor: E. Finegan, S. Gibian, M. McGandy, K. Olson, J. Minner
Against: 0
Abstain: D. Kramer
Absent: S. Stein
Vacancies: 0
Planning and Development Board
Resolution – February 24, 2015
RE: Titus-Wood District Designation
WHEREAS, on February 10, 2015 the Ithaca Landmarks Preservation Commission voted to
recommend designation of the Titus-Wood survey area as a local historic district, and
WHEREAS, Section 228-3 of the Municipal Code, Landmarks Preservation, stipulates that the
Board of Planning and Development shall file a report with Common Council with respect to the
relation of such designation to the comprehensive plan, the zoning laws, projected public
improvements, and any plans for the renewal of the site or area involved, therefore be it
RESOLVED, that the Planning and Development Board shall file the attached report with respect
to the issues stipulated in the Municipal Code, and be it further
RESOLVED, that the Board of Planning and Development supports the local designation of the
Titus-Wood Historic District.
Moved by: Darling
2nd By: Schroeder
In Favor: Blalock, Darling, Elliott, Jones-Rounds, Randall, Schroeder
Against: 0
Abstain: 0
Absent: 0
Vacancies: 1
Proposed Local Designation, Titus-Wood Historic District
Board of Planning & Development, Meeting Held February 24, 2015
At the regular monthly meeting on Tuesday, February 10, 2015 the Ithaca Landmarks Preservation
Commission by unanimous vote recommended designation of the Titus-Wood survey area as a
local historic district. A map showing the boundary of the district and a summary of its historic and
architectural significance are attached to this report.
As set forth in Section 228-3 of the Municipal Code, Landmarks Preservation,
“The Planning Board shall file a report with the Council with respect to the relation of such
designation to the comprehensive plan, the zoning laws, projected public improvements,
and any plans for the renewal of the site or area involved.”
The following report has been prepared to address these considerations.
1. Relation to the Comprehensive Plan
In the 2015 Draft Comprehensive Plan, W. State St. is envisioned as a multimodal corridor
connecting downtown with the west end and the waterfront, and is identified as an area for
vibrant mixed use growth. Local designation will not conflict with the draft comprehensive
plan, but will help ensure that the corridor retains what little remains of its historic character.
2. Relation to Zoning Laws
The area proposed for local historic district designation is in the CDB-60 Zoning District. Local
designation will not affect building uses permitted under the Zoning Ordinance. Any new
development within the district will require ILPC review and approval - limited to the visual
compatibility of proposed new construction, exterior alterations, additions or demolition.
There is one publically owned vacant parcel in the proposed district. Designation will not
prevent a new development on the parcel, nor will it necessarily be more limiting than the
existing zoning in terms of area (height, lot coverage, etc) requirements.
3. Relation to Projected Public Improvements
There is one City owned vacant parcel in the proposed district but there are no plans for public
improvements in the area at this time. Designation will not prevent a future development of
the parcel. Local landmark designation requires that any future public improvements in the
area undergo review and approval by the Ithaca Landmarks Preservation Commission before
work commences.
4. Relations to Plans for Renewal of the Site or the Area
There are no plans in the City’s Community Development Block Grant program or by the Ithaca
Urban Renewal Agency for renewal of this site or the nearby area. Local landmark designation
requires that any private proposal for material change of the exterior of the building or site
undergo review and approval by the Ithaca Landmarks Preservation Commission before work
commences.
To: Planning and Development Board
From: C Thomas Parsons, Fire Chief
Date: February 24th, 2015
Re: Proposed Titus-Wood Historic District & Central Fire Station Parking Lot
The Ithaca Landmarks Preservation Commission has proposed local designation of the Titus-
Wood Historic District. The properties to be included in the district are 301, 307, 310, 314 and
317 W. State Street and 108 and 110 S. Albany Street, and the rear portion of 310-314 W. Green
Street. I am writing to ask that the property at the rear portion of 310-314 W. Green Street, the
parcel north of the Ithaca Central Fire Station and bordering W. State St., be excluded from the
Historic District.
The current parcel of land has been used as the parking lot, and an emergency vehicle response
route for the Ithaca Fire Department since Central Fire Station was completed in 1966. The
parking lot has under gone few changes over the last 48 years, with the most-recent renovation
occuring over 15 years ago. The parking lot is currently shared under an agreement between the
City of Ithaca and Tompkins County for Department of Social Services employee parking.
While I don’t anticipate any near-term changes of the parking lot, there may come a time when
the parking lot will need to be refurbished or reconfigured again. It is unlikely that Central Fire
Station would be expanded into the parking lot. If there was a need to expand the fire station, it
would probably include lands to the east or west of the fire station and while remote, any
expansion of the fire station into the parking lot would be very limited due to the need to
maintain parking and emergency vehicle egress from the back of the station.
It is surely important to protect the historic character of a neighborhood. However, the inclusion
of the Central Fire Station Parking Lot in the Titus-Wood Historic District will of course bring
about additional costs for any work associated with the parking lot in order to comply with the
proposed landmark designation. Those additional costs would include the need for professional
services for consultation, and costs associated with changing of non-historic elements to
historically similar elements. It is with these considerations in mind that I am respectfully
requesting that the parcel along W. State Street used as the parking lot and emergency vehicle
route for the Ithaca Fire Department be excluded from the Titus-Wood Historic District.
Proposed Resolution
Planning & Economic Development Committee
March 11, 2015
RE: LOCAL LANDMARK DESIGNATION OF THE DENNIS-NEWTON HOUSE, 421 N.
ALBANY ST.
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks
Preservation Commission (ILPC) may designate landmarks and districts of
historic and cultural significance, and
WHEREAS, on February 10, 2015, the ILPC conducted a public hearing for the purpose of
considering a proposal to designate the Dennis-Newton House, 421 N. Albany St.,
as a local landmark, and
WHEREAS, the designation of a local landmark is a Type II action under the NYS
Environmental Quality Review Act and the City Environmental Quality Review
Ordinance and as such requires no further environmental review, and
WHEREAS, the ILPC found that the proposal meets criterion “C.,” defining a “Local
Landmark,” under the Landmarks Preservation Ordinance and on February 10,
2015, voted to designate the Dennis-Newton House as a local landmark, and
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board shall file
a report with the Council with respect to the relation of such designation to the
master plan, the zoning law, projected public improvements and any plans for the
renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of the
designation, adopted by resolution at the meeting held on February 24, 2015, has
been reviewed by the Common Council, and
WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety
days of said designation, approve, disapprove or refer back to the ILPC for
modification; now, therefore, be it
RESOLVED, that the Common Council finds that the designation is compatible with and will
not conflict with the master plan, existing zoning, projected public improvements
or any plans for renewal of the site and area involved, and be it further
RESOLVED, that the Dennis-Newton House, 421 N. Albany St., meets the definition of a local
landmark as set forth in the Municipal Code, as follows: A structure, memorial or
site or a group of structures or memorials, including the adjacent areas necessary
for the proper appreciation of the landmark, deemed worthy of preservation, by
reason of its value to the city as:
A. An outstanding example of a structure or memorial representative of its era,
either past or present;
B. One of the few remaining examples of a past architectural style or
combination of styles;
C. A place where an historical event of significance to the city, region, state or
nation or representative activity of a past era took place or any structure,
memorial or site which has a special character and aesthetic interest and value
as part of the development, heritage and cultural characteristics of the City of
Ithaca, including sites of natural or ecological interest and be it further
RESOLVED, that the Ithaca Common Council [approves/denies] the designation of the
Dennis-Newton House and the adjacent areas that are identified as tax parcel
#50.-3-22 as a local landmark.
ILPC Meeting – 02/10/2015
Resolution - RF
RE: Local Landmark Designation of the Dennis-Newton House, 421 N. Albany Street.
RESOLUTION: Moved by J. Minner, seconded by K. Olson
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks
Preservation Commission (ILPC) may designate landmarks and districts of historic
and cultural significance, and
WHEREAS, a special public hearing held on Tuesday, February 10, 2015, for the purpose of
considering a proposal to designate the Dennis-Newton House at 421 North Albany
Street as a City of Ithaca landmark has been concluded, and
WHEREAS, the ILPC has reviewed the report titled The Dennis-Newton House, 421 North
Albany Street, Ithaca, NY dated November 19, 2014 including the Narrative
Description of Property and the Narrative Description of Significance, prepared by
Christine O’Malley for The Jewells Heritage Project, Inc of Alpha Phi Alpha and
presented to the ILPC at their regular meeting on December 9, 2014, and
WHEREAS, the proposal is a Type II action under the NYS Environmental Quality Review Act
and the City Environmental Quality Review Ordinance and as such requires no
further environmental review, and
WHEREAS, Section 228-3 of the Municipal Code defines the criteria for designation of an
individual landmark as follows:
1. Possessing special character or historic or aesthetic interest or value as part
of the cultural, political, economic, or social history of the locality, region,
state, or nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style; or
4. Being the work of a designer whose work has significantly influenced an
age; or
5. Representing an established and familiar visual feature of the community by
virtue of its unique location or singular physical characteristics.
RESOLVED, that the Commission adopts as its own, the documentation and information more
fully set forth in the report titled The Dennis-Newton House, 421 North Albany
Street, Ithaca, NY and dated November 19, 2014, and be it further
RESOLVED, that the Commission has made the following findings of fact concerning the
proposed designation.
As described in the Narrative Description of Significance section of the report
titled The Dennis-Newton House, 421 North Albany Street, Ithaca, NY prepared
by Christine O’Malley and dated November 19, 2014, the Dennis-Newton House,
and the adjacent areas that are identified as tax parcel #50.-3-22, is a structure
deemed worthy of preservation, by reason of its value to the city and nation as
enumerated below:
Per criterion 1, the Dennis-Newton House possesses special historical and
aesthetic interest and value as a part of the development, heritage and
cultural characteristics of the City of Ithaca by virtue of its association with
Norman Dennis and Edward Newton.
As stated in the Narrative Statement of Significance, the residence at 421
North Albany Street was originally constructed around 1868-69 for
Norman Dennis (1833-1908), an early African-American resident in the
City of Ithaca who was born in New York State and worked as mason and
laborer. Dennis also helped found the African-American lodge of the Odd
Fellows in Elmira, New York. Dennis’ daughter, Lula, inherited the house
in 1893 but transferred the deed in 1898 to her husband, Edward Newton.
Edward Newton (c.1856-1932) worked as a porter for Sage College at
Cornell University and was longtime employee at the Psi Upsilon
fraternity house. He was an active member of Ithaca’s African-American
community and supported the efforts of early-19th century African-
American students at Cornell to form a fraternal organization. Lula and
Edward Newton lived in the house at 421 North Albany Street until their
deaths in 1928 and 1932 respectively. The house remained in the Newton
family until 1982 when the deed to the house was transferred by Lula and
Edward Newton’s son, Norman Dennis Newton, to a new owner. In total,
three generations of the Dennis–Newton family lived in the house. The
house stands as a surviving example of a dwelling built for one of Ithaca’s
early African-American residents.
Per criterions 1, the Dennis-Newton House also possesses special historical and
aesthetic interest and value as a part of the development, heritage and
cultural characteristics of the nation through its association with the formation
of Alpha Phi Alpha, the first nationally recognized African-American, Greek-
letter collegiate fraternity in the United States.
As stated in the Narrative Description of Significance, fraternities were an
integral part of student life at Cornell University from its inception;
however, African-American male students were not admitted membership
into these organizations and generally lived apart, both literally and
figuratively, from the rest of the student population. With the purpose of
establishing an organization that would provide a platform for
socialization and mutual support, a cohort of African-American students
decided to form a study group and literary society. Their first meeting
was held in the home of Edward and Lula Newton at 421 North Albany
Street in 1905. This group would later evolve into Alpha Phi Alpha, the
first Greek-letter, African-American collegiate fraternal organization in
the United States, and 421 North Albany Street was considered its
birthplace. Among the fraternity’s members were Martin Luther King, Jr.,
W.E.B. DuBois, Thurgood Marshall, Frederick Douglas, and Adam
Clayton Powell, Jr. The connection between the house and the formation
of the Alpha Phi Alpha fraternity makes it a significant site for an
important episode in African-American history and American collegiate
education history.
Per criterion 3, the Dennis-Newton House embodies the distinguishing
characteristics of an architectural style as an excellent example of mid-19th
century vernacular residential design.
Built for Norman Dennis in a vernacular Italianate Style in c.1868, the
Dennis-Newton House retains many of its original exterior features and
materials, including wood clapboard siding and windows, denticulated
cornice, window hoods, double entrance doors, half-round gutters and
Queen-Anne Style porch posts, railings, brackets and spandrels. Despite
the deteriorated condition of these features and materials, the property is
considered to have a high level of integrity.
BE IT FURTHER RESOLVED, that the Ithaca Landmarks Preservation Commission,
determines that based on the findings set forth above, the Dennis-Newton House
meets criterion C defining a Local Landmark as set forth in Section 228-3 of the
Municipal Code, Landmarks Preservation, and be it further
RESOLVED, that the Commission hereby designates the Dennis-Newton House, 421 North
Albany Street as a City of Ithaca landmark.
RECORD OF VOTE:
Moved by: J. Minner
Seconded by: K. Olson
In Favor: E. Finegan, S. Gibian, M. McGandy, K. Olson, J. Minner, D. Kramer
Against: 0
Abstain: 0
Absent: S. Stein
Vacancies: 0
Planning and Development Board
Resolution – February 24, 2015
RE: 421 North Albany St a.k.a. the Dennis-Newton House Local Landmark Designation
WHEREAS, on February 10, 2015, the Ithaca Landmarks Preservation Commission voted to
recommend designation of the Dennis-Newton House at 421 N Albany St as a local landmark,
and
WHEREAS, Section 228-3 of the Municipal Code, Landmarks Preservation, stipulates that the
Board of Planning and Development shall file a report with Common Council with respect to the
relation of such designation to the comprehensive plan, the zoning laws, projected public
improvements, and any plans for the renewal of the site or area involved, now therefore, be it
RESOLVED, that the Planning and Development Board shall file the attached report with respect
to the issues stipulated in the Municipal Code, and be it further
RESOLVED, that the Board of Planning and Development supports the local designation of the
Dennis –Newton House.
Moved by: Schroeder
2nd By: Darling
In Favor: Blalock, Darling, Elliott, Jones-Rounds, Randall, Schroeder
Against: 0
Abstain: 0
Absent: 0
Vacancies: 1
Proposed Local Designation, 421 N Albany St. – the Dennis Newton House
Board of Planning & Development, Meeting Held February 24, 2015
At the regular monthly meeting on Tuesday, February 10, 2015 the Ithaca Landmarks Preservation
Commission by unanimous vote recommended designation of the Dennis-Newton House at 421 N
Albany St as a local landmark. A map showing the location of the house and a summary of its historic
and architectural significance are attached to this report.
As set forth in Section 228-3 of the Municipal Code, Landmarks Preservation,
“The Planning Board shall file a report with the Council with respect to the relation of such
designation to the comprehensive plan, the zoning laws, projected public improvements, and
any plans for the renewal of the site or area involved.”
The following report has been prepared to address these considerations.
1. Relation to the Comprehensive Plan
In the Draft 2015 Comprehensive Plan, this area is envisioned to be preserved as a medium
density residential neighborhood. Local designation is consistent with this goal.
2. Relation to Zoning Laws
The property is located in the R-2b zoning district. Local designation will not affect building
uses permitted under the Zoning Ordinance. Commission review is limited to the visual
compatibility of proposed exterior alterations, additions or demolition.
3. Relation to Projected Public Improvements
There are no plans for public improvements on the property or contiguous areas. Local
landmark designation means that any future public improvements in the immediate area may
require review and approval by the Ithaca Landmarks Preservation Commission before work
commences.
4. Relations to Plans for Renewal of the Site or the Area
There are no plans in the City’s Community Development Block Grant program or by the Ithaca
Urban Renewal Agency for renewal of this site or the nearby area. Local landmark designation
requires that any private proposal for material change of the exterior of the building or site
undergo review and approval by the Ithaca Landmarks Preservation Commission before work
commences.
110 S.Albany Street
Ithaca,NY14850
February6,2015
Secretary
IthacaLandmarksPreservationCommission
City of Ithaca
108 E.Green Street
Ithaca,NY14850
TotheIthacaLandmarksPreservationCommission:
Iamthe owner of110 S.AlbanyStreet,aswellas109 S.AlbanyStreet.Iamalsothe founder ofTaitem
Engineering,the tenant at110 S.AlbanyStreet.
My interest in,andpassionfor,preservation runsdeep.Both109and110 S.Albany Street havewonawards
for historic preservation.Throughmany renovations overmanyyears,wehave worked hardto repair and
preserve features suchasdoors,light fixtures,windows,siding,blackironfencing,castiron radiators,wood
trim,andmore.Most visitors tothebuildings typically remark immediately and glowingly onpreserved
historic features,as they step into the buildings.Ibelieve that 110 S.Albany Street isthe oldest building inthe
world tohaveearnedthe LEED Platinumgreen building certification for existing buildings (2014).
Professionally,for over25years,Ihave worked on the engineering design of over25 preservation projects
across upstate NewYork,in collaboration with some of thearea's most distinguished preservation architects.
Fromrural libraries tomuseumsto historic homestoold theaters,Ihave worked hardtoupgrademechanical,
electrical and structural systems,while preserving historical features.
Iam the co-author ofthe textbook Green Building Design (Wiley,2014),in collaboration with FrancisD.K.
Ching,possibly America's best-known author of architectural textbooks,and himself the author of classics of
preservation,including A Global History ofArchitecture,Architecture:Form,Space,and Order,and AVisual
Dictionary ofArchitecture,amongothers.Iam currently working onasecondbook,Energy Audits and
Improvements in Commercial Buildings (Wiley,2016),andam working hardtomake recommendations that
comply with bestpracticesinPreservationBriefs prepared bythe U.S.Department of Interior.Ihavealso
published two papersonthissubject.
Ialsoown other buildings intheIthacaarea,suchas136ForestHomeDriveand134-136JuddFallsRoad,both
within theForestHomeHistoricDistrict,andImanage402 University Avenue,inthe University Hill historic
district,on behalf of my 91-year-old mother.
Thissaid,despite mydeepand long-standing interest in preservation,after much reflection,I firmly oppose
the proposed Titus-Wood HistoricDistrict,for severalreasons:
1.Adeepconcern that designationasa historic district will prevent effective energy conservation efforts.
The American Institute of Architects hasendorsedthegoalsof Architecture 2030,whichseeksenergy
reductions inexistingbuildings of 50%by2030.Increasingly,agoalof80%energy reduction by2050
isbeing sought asagoal worldwide,for example having recently been adopted byNewYorkState,
NewYorkCityandTompkinsCounty.Ibelieve that my firm isa national leaderin developing
strategies toachievethese 'goals.Forexample,109 S.AlbanyStreet recently met thegoal of 80%
reduction,andhasbeenusedasanexample for how todothis,nationally (ASHRAE Journal,2012).We
haveachieved almost 50%reduction inenergyuseat110 S.AlbanyStreet,but Iamconcerned that we
will not achievean80%reduction if the building isplacedina historic district.Already,theTaitem
Engineering partner inchargeofthis effort at110 S.AlbanyStreet,Umit Sirt,proposed putting the
effort onhold until adecisionismade about the historic district.
2.Myownexperienceon three occasions with the rejection of proposed improvements tobuildingsin
historic districts.Forexample,at402 University Avenue,inthe University Hill historic district,we
recently proposedtoreplace two dangerousand insignificant pressure-treated woodsteps with a
thoughtfully-designed and well-integrated replacement,whichwasrejected.The chilling effect of the
rejection,and the effort required toredesigntheproposal,has prevented my brother andI from
considering alternatives that would beacceptabletothe ILPC.Andso two dangerous,uglypressure-
treated front stepsremain,consistent with what Ibelieveis other disrepair that is characteristic of the
properties on University Avenue.The other two rejectionsincludedenergy improvements ata
fraternity inIthaca,andsolarpanels for a building inAlbany.Thisraisesthequestion for me whether
the extensiveenergy improvements required to mitigate theimpactsofclimatechange will be
supported,oropposed,ifthe Titus-Wood Historic District ispassed.
3.The district appearstobe arbitrarily andincohesively defined,andmistakesintheproposal for the
Titus-Wood Historic District appearto indicate that itwaspreparedinarushedmannerand not
reviewed.Iconsulted with mypartnersatTaitemEngineeringtoask for their input.One of the
partnersinthe firm,Beth Mielbrecht,commented,"The gerrymandering linesdo not signalastrong
district."Examplesofmistakesintheproposal for the district include:
a.ReferencetotheOrchard Place properties andtheEastHillHistoricDistrict.
b.Referenceto metal handrailsonthe front steps of 110 S.AlbanyStreet(theyarewood,and
appear from oldphotostohavealwayshavebeenwood).
Insummary,Ibelieve that theproposed historic district comesatacritical time for the preservation
community.Wearefaced with theglobally-recognized threat ofclimatechange,which fully threaten all
our buildings,not onlyour historic buildings.Furiousclimateevents,suchasHurricaneSandy,have
destroyed,inonesingleday,decades of preservation efforts andcenturies of historically significant design
and construction.Inmyexperience,the preservation movement has not yetaddressedifitis participating
wholly in efforts to mitigate theimpacts of climate change,through energy conservation,ornot.Very
modest efforts sofarby the preservation community,suchas recommendations for window energy
improvements,havebeen limited atbest,andlargely outweighed bythemany limitations that inmy
experienceare widely appliedtoenergy improvements for historic buildings.Until such time that the
preservation community actively and fully engages andsupportsenergy conservation efforts to support
mitigation of climatechange,Ibelieve that designationssuchasthe Titus-Wood district will work counter
to the efforts required to truly preserveourbuildings for thelong term.
Respectfully submitted,
IanShapiro,PE
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning and Economic Development Committee
From: Megan Wilson, Senior Planner
Date: March 4, 2015
RE: Proposal to Repeal the Collegetown Parking Overlay Zone (CPOZ)
The purpose of this memo is to provide information regarding a proposal to repeal the
Collegetown Parking Overlay Zone (CPOZ).
This proposal was previously discussed at the February 10th Planning and Economic
Development meeting. At that meeting, staff was directed to draft and circulate the ordinance
for comments. An environmental review of this action has been completed, and the draft Short
Environmental Assessment Form is attached. The proposed ordinance and environmental
assessment have been circulated to the City Planning Board, the Conservation Advisory Council,
the Board of Zoning Appeals, the Ithaca Landmarks Preservation Commission, the Tompkins
County Planning Department and various other City staff and departments. No comments
regarding this proposal have been received to date. Also attached for your consideration are a
resolution to establish lead agency for this action and a resolution to determine environmental
significance.
If you have any concerns or questions regarding any of this information, feel free to contact me
at 274-6560.
Proposed Resolution
Planning & Economic Development Committee
March 11, 2015
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning” To Repeal the Collegetown Parking Overlay Zone (CPOZ) – Declaration
of Lead Agency for Environmental Review
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be
established for conducting environmental review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the
lead agency shall be that local agency which has primary responsibility for approving and
funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review under
CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of an ordinance to amend the Municipal
Zoning Code to repeal the Collegetown Parking Overlay Zone (CPOZ).
2/17/15
Page 1 of 2
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” To Repeal the Collegetown Parking
Overlay Zone (CPOZ)
WHEREAS, the adoption of the Collegetown Area Form Districts in 2014
changed the off-street parking requirements for the majority of
properties included in the Collegetown Parking Overlay Zone (CPOZ),
resulting in a conflict between the requirements of the new form-based
code and the CPOZ legislation, and
WHEREAS, there are approximately 145 properties to the west and south
of central Collegetown that are still subject to the requirements of
the CPOZ while other residential zones in the city share a common off-
street parking requirement, and
WHEREAS, the majority of these properties are part of the City’s East
Hill Historic District, and the repeal of the CPOZ will support the
Ithaca Landmarks Preservation Commission’s efforts to preserve green
space in the historic district,
WHEREAS, by repealing the CPOZ, the 145 properties will be subject to
the off-street parking requirements of the underlying zoning; now,
therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
ORDINANCE NO. ____
Section 1. Chapter 325, Sections 325-4 and 325-5 of the Municipal
Code of the City of Ithaca are hereby amended to delete any reference
to the Collegetown Parking Overlay Zone (CPOZ).
Section 2. Chapter 325 of the Municipal Code of the City of Ithaca is
hereby amended to delete §325-20D(3)(d), “Parking in the Collegetown
Parking Overlay Zone,” in its entirety and all subsequent sections
shall be renumbered accordingly.
Section 3. The Official Zoning Map of the City of Ithaca is hereby
amended to delete any reference to the Collegetown Parking Overlay
Zone (CPOZ).
Section 4. All applicable sections within the Municipal Code of the
City of Ithaca shall be updated in accordance with the amendments made
herewith.
Section 5. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that
2/17/15
Page 2 of 2
decision shall not affect the validity of the remaining portions of
this ordinance.
Section 6. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Proposed Resolution
Planning & Economic Development Committee
March 11, 2015
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning” To Repeal the Collegetown Parking Overlay Zone (CPOZ) –
Determination of Environmental Significance
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal
Code in order to repeal the Collegetown Parking Overlay Zone (CPOZ), and
WHEREAS, appropriate environmental review has been conducted including the preparation of
a Short Environmental Assessment Form (SEAF), dated February 19, 2015, and
WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning
Department Pursuant to §239-l–m of the New York State General Municipal Law, which
requires that all actions within 500 feet of a county or state facility, including county and state
highways, be reviewed by the County Planning Department, and have also been reviewed by the
City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development
Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality
Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the
SEAF prepared by planning staff; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own
the findings and conclusions more fully set forth in the Full Environmental Assessment Form,
dated February 19, 2015, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that
the proposed action at issue will not have a significant effect on the environment, and that further
environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this negative declaration and that the City
Clerk is hereby directed to file a copy of the same, together with any attachments, in the City
Clerk’s Office, and forward the same to any other parties as required by law.
NY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2012Data Source: City of Ithaca GIS Planning 2013Map Prepared by: D epartment of Planning, City of Ithaca, NY, February 4, 2015
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Collegetown Parking Overlay Zone (CPOZ) & Affected Properties
Legend
CPOZ Boundary
Collegetown Area Form Districts
East Hill Historic District
Properties S ubject to CPOZ Requirem ents
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: February 19, 2015
Re: Proposal to Amend the Industrial Zone
The purpose of this memo is to provide information regarding a proposal to amend the City’s
Industrial Zone.
This proposal was previously discussed at the February Planning and Economic Development
meeting. At that meeting staff was directed to draft and circulate the ordinance for comments.
At the request of the Committee an environmental review of this action has been completed, and
the draft Short Environmental Assessment Form is enclosed. The proposed ordinance and
environmental assessment have been circulated to the City Planning Board, the Conservation
Advisory Council, the Board of Zoning Appeals, the Tompkins County Planning Department and
various other City staff and departments. Enclosed are comments that have been received from
the County, which states that this action is not expected to have inter-municipal or countywide
impacts. Also enclosed for your consideration is a resolution establishing lead agency for this
action and a resolution for environmental significance.
If you have any concerns or questions regarding any of this information, feel free to contact me
at 274-6410.
.
CITY OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF)
Project Information
(to be completed by applicant or project sponsor)
1. Applicant/Sponsor: City of Ithaca 2. Project Name: Amendment to I-1
Zoning District
3. Project Location: I-1 Zoning District
4. Is Proposed Action:
New Expansion
; Modification/Alteration
5. Describe project briefly: Proposed amendment to I-1 zoning district to require
non-industrial buildings to have a minimum of 2 stories.
6. Precise Location (road intersections, prominent landmarks, etc., or provide map):
I-1 Zoning District
7. Amount of Land Affected:
Initially: _____ Acres Ultimately: __ Acres
8. Will proposed action comply with existing zoning or other existing land use
restrictions?
Yes ; No If no, describe briefly: Action is a rezoning
9. What is present land use in vicinity of project:
Residential ; Industrial Agricultural Parkland/Open Space
; Commercial Other _________________
Describe:
10. Does action involve a permit/approval or funding, now or ultimately, from
governmental agency (federal/state/local): ; Yes No
If yes, list agency name and permit/approval type: Common Council Adoption
11. Does any aspect of the action have a currently valid permit or approval?
Yes ; No
If yes, list agency name and permit/approval type:
12. As a result of proposed action, will existing permit/approval require modification?
Yes ; No
I certify the information provided above is true to the best of my knowledge.
PREPARER'S SIGNATURE: ____________________________ DATE: __2/23/15_
PREPARER'S TITLE: __Senior Planner_______________________________
REPRESENTING: ___City of Ithaca__________________________________
SHORT ENVIRONMENTAL ASSESSMENT FORM
Part II
To Be Completed By Staff
In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use
currently available information concerning the project and the likely impacts of the action.
Yes No
1. Will project result in a large physical change to the project site or physically alter
more than one acre of land?
□
X
2. Will there be a change to any unique or unusual land form found on the site or to any
site designated a unique natural area or critical environmental area by a local or state
agency?
□
X
3. Will the project alter or have any effect on an existing waterway? □ X
4. Will the project have an impact on groundwater quality? □ X
5. Will the project affect drainage flow on adjacent sites? □ X
6. Will the project affect any threatened or endangered plant or animal species? □ X
7. Will the project result in an adverse effect on air quality? □ X
8. Will the project have an effect on visual character of the community or scenic views
or vistas known to be important to the community:
□ X
9. Will the project adversely impact any site or structure of historic, pre-historic, or
paleontological importance or any site designated a local landmark or in a landmark
district?
□
X
10. Will the project have an effect on existing or future recreational opportunities? □ X
11. Will the project result in traffic problems or cause a major effect to existing
transportation systems?
□ X
12. Will the project cause objectionable odors, noise, glare, vibration, or electrical
disturbance as a result of the project's operation during construction or after
completion?
□
X
13. Will the project have any impact on public health or safety? □ X
14. Will the project affect the existing community by directly causing a growth in
permanent populations of more than 5 percent over a one-year period OR have a
negative effect on the character of the community or neighborhood?
□
X
15. Is there public controversy concerning the project? □ X
If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is
necessary.
PREPARER'S SIGNATURE: ____________________________________ DATE: _2/23/15___
PREPARER'S TITLE: ___Senior Planner ___________________________________________
REPRESENTING: ______ City of Ithaca ____________________________________________
j:\groups\planning and econ dev committee\2015 planning and economic development\03
march\5d4 - 2015-i-1-lead agency.03-04.docx
Draft Resolution
3/4/15
An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Amend the Industrial (I-1)
Zoning District in Order to Require a Minimum of two Stories for
New Non-Industrial Construction – Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires environmental review under CEQR; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review of
the proposal to amend the I-1 zoning district in order to require
a minimum of two stories for new non-industrial construction.
Draft Resolution
3/4/15
An Ordinance to Amend the Municipal Code of the City of
Ithaca, Chapter 325, Entitled “Zoning” to Amend the
Industrial (I-1) Zoning District in Order to Require a
Minimum of two Stories for New Non-Industrial Construction
– Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering to amend
the I-1 zoning district in order to require new non-
industrial construction to have a minimum of two
stories, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Short
Environmental Assessment Form (SEAF), dated February
23, 2015, and
3. WHEREAS, the proposed action is a “Unlisted” Action
under the City Environmental Quality Review Ordinance,
and
4. WHEREAS, the Common Council of the City of Ithaca,
acting as lead agency, has reviewed the SEAF prepared
by planning staff; now, therefore, be it
1. RESOLVED, that this Common Council, as lead agency in
this matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Short
Environmental Assessment Form, dated February 23,
2015, and be it further
2. RESOLVED, that this Common Council, as lead agency in
this matter, hereby determines that the proposed
action at issue will not have a significant effect on
the environment, and that further environmental review
is unnecessary, and be it further
3. RESOLVED, that this resolution constitutes notice of
this negative declaration and that the City Clerk is
hereby directed to file a copy of the same, together
with any attachments, in the City Clerk’s Office, and
forward the same to any other parties as required by
law.
Page 1 3/10/2015
ORDINANCE NO. ____
An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Amend the Industrial (I-1)
Zoning District in Order to Require a Minimum of two Stories for
New Non-Industrial Construction
1. WHEREAS, the Official City of Ithaca Zoning Map currently has five locations that are designated as
Industrially zoned districts (I-1); Cherry Street, Carpenter Business Park, the former Emerson site, the
former Ithaca Gun site, and a triangular piece of land wedged between the north side of Willow Avenue
and the west side of Route 13 North, and
2. WHEREAS, the area restrictions in the I-1 zoning district were originally established in order to allow for
industrial uses, which may include large one story buildings that can accommodate storage and machinery
and therefore has no minimum story requirement, and
3. WHEREAS, in order to allow for a mix of compatible uses, the Industrial zone allows for all permitted
uses within the City’s zoning ordinance, with the exception of residential uses, and
4. WHEREAS, given the limited amount of developable industrial space within the City, one-story
development is only appropriate for industrial uses and all other uses should be multi story development,
therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Chapter 325, Section 325-3, entitled “Definitions and Word
Usage,” be amended to add the following definition:
Industrial Uses
Any use having to do with the business of manufacturing products, including,
warehousing, wholesaling, lumberyards, storage and handling of bulk
goods (not including rubbish as defined in § 196.1)
Section 2. Chapter 325, Section 325-16, entitled “Height regulations,”
be amended to add a new section “H” to read as follows:
H. Notwithstanding anything to the contrary contained herein, in the
I-1 district, no new construction of a primary non-industrial use
building shall be erected that is less than two stories. When an
addition or series of additions to a non-industrial primary use
building existing as of the date of this ordinance is constructed,
that part of the addition or additions in excess of 50% of the
building area of the existing building shall also not be less than two
stories.
Page 2 3/10/2015
Section 3. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the zoning map and
the district regulations chart in accordance with the amendments
made herewith.
Section 4. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: March 4, 2015
RE: Proposal to Amend the Former Ithaca Gun Factory Site
The purpose of this memo is to provide information regarding a proposal to amend the zoning
designation of the former Ithaca Gun Factory site.
This proposal was previously discussed at the February Planning and Economic Development
meeting. At that meeting staff was directed to draft and circulate the ordinance for comments.
At the request of the Committee an environmental review of this action has been completed, and
the draft Full Environmental Assessment Form is enclosed. The proposed ordinance and
environmental assessment have been circulated to the City Planning Board, the Conservation
Advisory Council, the Board of Zoning Appeals, the Tompkins County Planning Department and
various other City staff and departments. Enclosed are comments that have been received from
the County, which states that this action is not expected to have inter-municipal or countywide
impacts. To date no additional comments have been received regarding this proposal. Also
enclosed for your consideration is a resolution establishing lead agency for this action and a
resolution for environmental significance.
If you have any concerns or questions regarding any of this information, feel free to contact me
at 274-6410.
CITY OF ITHACA CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components: FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in
a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact
on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
* a Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Proposed Amendments to R-U Zoning District
Name of Lead Agency: City of Ithaca
Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency: _________________
Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner
Signature of Preparer: _________________
Date: 2/23/15
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as part of the application for approval and may be subject to further verification
and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on
information currently available and will not involve new studies, research, or investigation. If information
requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action: Rezoning of site of former Ithaca Gun Factory from I-1 to R-3a and P-1
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St.
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action: Rezoning of site of former Ithaca Gun Factory from I-1 to the R-3a for the
following tax parcels: 12.-7-4, 28.-3-5, 11.-3-1.23, and 11.-3-1.22 and a rezoning from I-1 to P-1 for a
portion of parcel 11.-3-1.21, so that the entire parcel will now be zoned I-1.
2
Please complete each question ― indicate N/A, if not applicable:
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: Urban ; Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: ~4.5 acres (Chosen units apply to following section also.)
Approximate Area (Units in question 2 apply to this section.) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings, and other paved surfaces 4.5 4.5
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Hamlin-Teel
3b. Soil Drainage N/A Well-Drained ______% of Site
Moderately Well-Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No N/A
4b. What is depth of bedrock? N/A (feet)
4c. What is depth to the water table? N/A (feet)
5. Approximate percentage of proposed project site
with slopes: NA
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
Yes No N/A
6b. Or designated a local landmark or in a local
landmark district?
Yes No N/A
7. Do hunting or fishing opportunities presently
exist in the project area? Yes No N/A If yes, identify each species:
3
A. SITE DESCRIPTION (cont.)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes No N/A
Identify each Species: Site is located in unique natural
area 134(UNA 134). UNA 134 has been identified as
having at least one rare or endangered plant species.
However, the proposed zoning amendment is not
expected to have any impact on plants.
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes No N/A
Describe: Cliffs
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes No N/A
If yes, explain: Site is not used for recreational
purposes, but is adjacent to Ithaca Falls
11. Does the present site offer or include scenic views
known to be important to the community? Yes No N/A
Describe: Views of Ithaca Falls
12. Is project within/contiguous to a site designated a
Unique Natural Area (UNA) or critical
environmental area by a local/state agency?
Yes No N/A
Describe: Site being rezoned falls within Fall Creek
Gorge and Ithaca Falls Unique Natural Area 134.
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: Fall Creek
14. Lakes, ponds, wetland areas within or contiguous
to project area: NA
a. Name: NA
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes? Yes No N/A
Describe: The site was not used as a disposal site,
however, there was contamination from the former
Ithaca Gun factory.
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
Yes No N/A
Yes No N/A
Yes No N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: 4.5 acres
1b. Project acreage developed: 50 acres initially 4.5 acres ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) N/A or feet: N/A
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: N/A
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
4
B. PROJECT DESCRIPTION (cont.)
1h. Height of tallest proposed structure: feet. N/A
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A
2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site:
N/A or added to the site: N/A
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres: N/A type of vegetation: N/A
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction N/A months (including demolition)
7. If multi-phased project, anticipated period of construction N/A months (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase N/A month year (including demolition)
7c. Approximate completion date of final phase N/A month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A; if yes, explain:
9. Number of jobs generated: during construction 0 after project is completed 0
10. Number of jobs eliminated by this project 0 Explain:
11. Will project require relocation of any projects or facilities? Yes No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A
12c. If surface disposal, where specifically will effluent be discharged? N/A
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood
plain? Yes No N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 Of the ECL? Yes No N/A
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
5
B. PROJECT DESCRIPTION (cont.)
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No N/A; if yes, specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? Yes No N/A; if yes, explain:
18. Will project produce odors? Yes No N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No N/A; After construction? Yes No N/A
20. Will project result in an increase of energy use? Yes No N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day: gals/day N/A Source of water
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? Yes No N/A; if yes, indicate
the decision required:
Zoning Amendment Zoning Variance New/revision of master plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? I-1
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
Under current I-1 zoning, maximum building size would be 40-feet in height and 50% lot coverage.
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning: R-3a
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
The R-3a zoning district would allow for 4 stories and 35% lot coverage
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
Yes No N/A; If no, explain: The City currently in the process of amending its Comprehensive
plan. In the draft plan this area has been identified as medium density residential neighborhood, which is
consistent with the proposed changes.
8. What is the dominant land use and zoning classification within a ¼-mile radius of the project?
(e.g., R-1a or R-1b) I-1, P-1, R-2a, R-2b, R-3a, R-3b, and R-U
6
C. ZONING & PLANNING INFORMATION (cont.)
9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? Minimum allowable lot size is as follows:
1. One-family detached or semi- detached dwlg. or 2-family dwlg.:5,000.
2. One-family attached dwlg., new const.:6,000 for first 1-3 units +750 ea. add’l. unit +500 per room let for profit.
3. Multiple dwlg., new const.: 6,000 for 1st 1-3 units +750 for ea. add’l. unit +500 per room let for profit.
4. One-family attached dwlg., conversion: 7,000 for 1st 1-3 units +750 for ea. add’l. unit +500 per room
let for profit.
5. Multiple dwlg., conversion: 7,000 for 1st 1-3 units +750 for ea. add’l. unit +500 per room let for profit.
6. Fraternity, sorority or group house: 25,000.
7. Other Uses: 6,000.
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.)? Yes No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: N/A
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Yes Adoption
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC) No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA) No
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
7
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca (Jennifer Kusznir)
Signature: __________________________
Title: Economic Development Planner
8
9
City of Ithaca Full Environmental Assessment Form (FEAF)
PART 2 ― PROJECT IMPACTS & THEIR MAGNITUDES
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project
site? Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slope in the project exceeds
10%.
Yes No
Construction on land where the depth to the water table is less than
3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in a designated floodway. Yes No
Other impacts: existing development is in the 500 year flood plain Yes No
2. Will there be an effect on any unique landforms found on the site?
(i.e., cliffs, gorges, geological formations, etc.) Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Specific land forms: Yes No
IMPACT ON WATER
3. Will project affect any water body designated as protected? (Under
article 15 or 24 of the Environmental Conservation Law, E.C.L.) Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Developable area of site contains a protected water body Yes No
Dredging more than 100 cubic yards of material from channel of a
protected stream. Yes No
Extension of utility distribution facilities through a protected water
body. Yes No
Construction in a designated freshwater wetland. Yes No
Other impacts: Yes No
IMPACT ON WATER (cont.)
4. Will project affect any non-protected existing or new body of
water? Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
A 10% increase or decrease in the surface area of any body of
water or more than a 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of a body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake or the Cayuga Inlet? Yes No
Other impacts: Yes No
5. Will project affect surface or groundwater quality? Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
Project will require a discharge permit. Yes No
Project requires use of a source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a public
water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute.
Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious
visual contrast to natural conditions.
Yes No
Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
Yes No
Other impacts: Yes No
6. Will project alter drainage flow, drainage patterns or surface
water runoff?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts: Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Project will induce 500 or more vehicle trips in any 8- Yes No
IMPACT ON AIR
hour period per day.
Project will result in the incineration of more than 2.5
tons of refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5
lbs per hour or a heat source producing more than 10
million BTUs per hour.
Yes No
Other impacts: Yes No
IMPACTS ON PLANTS & ANIMALS
8. Will project affect any threatened or endangered
species? Yes No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Reduction of any species listed on the New York or
Federal list, using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant
wildlife habitat. Yes No
Application of pesticide or herbicide more than twice a
year other than for agricultural purposes. Yes No
Other impacts: Yes No
9. Will proposed action substantially affect non-
threatened or non-endangered species? Yes No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed action would substantially interfere with any
resident or migratory fish or wildlife species. Yes No
Proposed action requires the removal or more than 1/2
acre of mature woods or other locally important
vegetation.
Yes No
Other impacts: Yes No
IMPACT ON AESTHETIC RESOURCES
10. Will the proposed action affect views, vistas or the
visual character of the neighborhood or community?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by Project
Change?
Proposed land uses, or proposed action components
obviously different from or in sharp contrast to current
surrounding land use patterns, whether man-made or
natural.
Yes No
Proposed land use, or proposed action components
visible to users of aesthetic resources which will
eliminate or significantly reduce their enjoyment of
aesthetic qualities of that resource.
Yes No
Proposed action will result in the elimination or major
screening of scenic views known to be important to the
area.
Yes No
11
IMPACT ON AESTHETIC RESOURCES
Other impacts: Yes No
IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of
historic, prehistoric or paleontological importance?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed action occurring wholly or partially within or
contiguous to any facility or site listed on or eligible
for the National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed
located within the project site. Yes No
Proposed action occurring wholly or partially within or
contiguous to any site designated as a local landmark
or in a landmark district.
Yes No
Other impacts: Yes No
IMPACT ON OPEN SPACE & RECREATION
12. Will the proposed action affect the quantity or
quality of existing or future open spaces or
recreational opportunities? Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts: Yes No
IMPACT ON UNIQUE NATURAL AREAS & CRITICAL ENVIRONMENTAL AREAS
13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique
natural area (UNA) or a critical environmental area (CEA)by a local or state agency? Yes No
Proposed Action to locate within a UNA or CEA? Yes No
Proposed Action will result in a reduction in the quality of the resource Yes No
Proposed Action will impact the use, function or enjoyment of the resource Yes No
Other impacts: Yes No
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing
transportation systems? Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by Project
Change?
Alteration of present patterns of movement of
people and/or goods. Yes No
Proposed action will result in major traffic
problems. Yes No
Other impacts: Yes No
IMPACT ON ENERGY
12
15. Will proposed action affect the community's
sources of fuel or energy supply? Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by
Project Change?
Proposed action causing greater than 5%
increase in any form of energy used in
municipality.
Yes No
Proposed action requiring the creation or
extension of an energy transmission or supply
system to serve more than 50 single or two
family residences.
Yes No
Other impacts: Yes No
IMPACT ON NOISE & ODORS
16. Will there be objectionable odors, noise,
glare, vibration or electrical disturbance during
construction of or after completion of this
proposed action? Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced
by Project Change?
Blasting within 1,500 feet of a hospital, school,
or other sensitive facility? Yes No
Odors will occur routinely (more than one hour
per day) Yes No
13
IMPACT ON NOISE & ODORS (cont.)
Proposed action will produce operating noise
exceeding the local ambient noise levels for
noise outside of structure.
Yes No
Proposed action will remove natural barriers
that would act as a noise screen. Yes No
Other impacts: Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be Reduced by
Project Change?
Proposed action will cause a risk of explosion or release
of hazardous substances (i.e., oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset
conditions, or there will be a chronic low-level discharge
or emission.
Yes No
Proposed action may result in the burial of “hazardous
wastes” in any form (i.e., toxic, poisonous, highly
reactive, radioactive, irritating, infectious, etc.)
Yes No
Proposed action may result in the excavation or other
disturbance within 2,000 feet of a site used for the
disposal of solid or hazardous wastes.
Yes No
Proposed action will result in the handling or disposal or
hazardous wastes (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes
that are solid, semi-solid, liquid or contain gases.)
Yes No
Storage facilities for 50,000 or more gallons of any liquid
fuel. Yes No
Use of any chemical for de-icing, soil stabilization or the
control of vegetation, insects or animal life on the
premises of any residential, commercial or industrial
property in excess of 30,000 square feet.
Yes No
Other impacts: Yes No
IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character
of the existing community? Yes No
Small to
Moderate Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
The population of the City in which the
proposed action is located is likely to grow
by more than 5% of resident human
population.
Yes No
14
IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
The municipal budgets for capital
expenditures or operating services will
increase by more than 5% per year as a
result of this proposed action.
Yes No
Proposed action will conflict with officially
adopted plans or goals: Yes No
Proposed action will cause a change in the
density of land use. Yes No
The proposed action will replace or
eliminate existing facilities, structures, or
areas of historic importance to the
community.
Yes No
Development will create a demand for
additional community services (e.g. schools,
police, and fire, etc.
Yes No
Proposed action will set an important
precedent for future actions. Yes No
Proposed action will relocate 15 or more
employees in one or more businesses. Yes No
Other impacts: Yes No
19. Is there public controversy concerning the
proposed action? Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
Either government or citizens of adjacent
communities have expressed opposition or
rejected the proposed action or have not
been contacted.
Yes No
Objections to the proposed action from
within the community. Yes No
― If any action in Part 2 is identified as a potential large impact, or if you cannot determine the
magnitude of impact, proceed to Part 3. ―
15
16
City of Ithaca
Full Environmental Assessment Form (FEAF) — Part III
February 23, 2015
PROPOSED ACTION
The proposed action is to amend the zoning designation of the former Ithaca Gun Factory site.
The former Ithaca Gun Factory site is located adjacent to Ithaca Falls and within a residential neighborhood,
as illustrated on the enclosed map. The site is zoned for industrial uses, which was established when the site
was an active gun factory. The factory has long been closed and the site has remained vacant for many years.
The current zoning has become inconsistent with the surrounding uses. Given its location, it is not likely the
site will ever again be used for industrial purposes. In the draft City Comprehensive Plan, it has been
recommended the appropriate future land use of this site should be medium-density residential.
In accordance with the draft Comprehensive Plan, staff proposes to rezone this site to R-3a. This would allow
for multi-unit residential development, which is consistent with both the development plans and the
surrounding area.
This amendment is expected to result in a reduction of potential environmental impacts. If developed under
the current zoning, there would be the potential for greater impacts to the surrounding neighborhood.
j:\groups\planning and econ dev committee\2015 planning and economic development\03
march\5e4 - 2015-gun hilllead agency.03-04.doc
Draft Resolution
3/4/15
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” in order to Rezone Portions of
the I-1 Zoning District to R-3a and P-1– Declaration of Lead
Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is an “TYPE I” Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires environmental review under CEQR; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review of
the proposal to rezone portions of the I-1 zoning district to R-
3a and P-1.
Draft Resolution
3/4/15
An Ordinance Amending The Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled “Zoning,” in order to Rezone
Portions of the I-1 Zoning District to R-3a and P-1–
Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering a proposal
to rezone portions of the I-1 zoning district to R-3a
and P-1, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated February
23, 2015, and
3. WHEREAS, the proposed action is a “TYPE I” Action
under the City Environmental Quality Review Ordinance,
and
4. WHEREAS, the Common Council of the City of Ithaca,
acting as lead agency, has reviewed the FEAF prepared
by planning staff; now, therefore, be it
1. RESOLVED, That this Common Council, as lead agency in
this matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Full
Environmental Assessment Form, dated February 23,
2015, and be it further
2. RESOLVED, That this Common Council, as lead agency in
this matter, hereby determines that the proposed
action at issue will not have a significant effect on
the environment, and that further environmental review
is unnecessary, and be it further
3. RESOLVED, That this resolution constitutes notice of
this negative declaration and that the City Clerk is
hereby directed to file a copy of the same, together
with any attachments, in the City Clerk’s Office, and
forward the same to any other parties as required by
law.
j:\groups\planning and econ dev committee\2015 planning and economic development\03
march\5e5 - 2015-gun hill-negdec.03-04.doc
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA,
CHAPTER 325, ENTITLED “ZONING” TO REZONE PORTIONS OF THE I-1 ZONING
DISTRICT TO R-3a AND P-1
WHEREAS, the former Ithaca Gun site is located adjacent to Ithaca Falls and within a
residential neighborhood, and
WHEREAS, the site is currently zoned for industrial uses, which was established when the site
was an active gun factory, and
WHEREAS, the factory has long been closed and the site has remained vacant for many years,
and
WHEREAS, given its location, industrial uses could have large impacts to the existing adjacent
residential development and are therefore not a desirable land use for this area, and
WHEREAS, on November 5, 2003, the Common Council adopted the Gun Hill Area plan as an
amendment to the City Comprehensive Plan, which stated that industrial uses are no longer
appropriate for this location, and
WHEREAS, the current draft City Comprehensive Plan determined that the appropriate future
land use of this site is medium density residential, and
WHEREAS, as a part of the environmental remediation of the Gun Hill site the City dedicated
the southern portion of parcel 11.-3-1.21, which is currently zoned I-1, as parkland, therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City
of Ithaca is hereby amended as follows:
Section 1. Chapter 325, Section 325-5, of the Municipal Code of the
City of Ithaca is hereby amended to change the zoning designation
from I-1 to the R-3a designation for the following tax parcels:
12.-7-4,28.-3-5, 11.-3-1.23, and 11.-3-1.22. The boundaries of this
amendment are shown on the map entitled “Proposed Rezoning of the
Former Ithaca Gun Site-February 2015,” a copy of which shall be on
file in the City Clerk’s office.
Section 2. , Chapter 325, Section 325-5, of the Municipal Code of
the City of Ithaca is hereby amended to change the zoning
designation from I-1 to P-1 for a portion of parcel 11.-3-1.21, so
that the entire parcel will now be zoned I-1.
Section 3. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be invalid
or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of
this ordinance.
Section 4. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
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CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Common Council
From: Lisa Nicholas, Senior Planner
Date: March 5, 2015
Re: Council Concurrence that the Planning Board to be Lead Agency in Environmental Review for
Site Plan Review Projects for which the Common Council is an Involved Agency
The Planning and Development Board conducts environmental reviews for all projects being considered
for site plan approval. In many cases, the City and State Environmental Quality Review regulations
(SEQR) require coordinated environmental review – in which all agencies that have a role in funding or
approving the project are considered “Involved Agencies”, and must be notified of the project and
concur (or not) within 30 days that the notifying agency may act as the Lead Agency. Involved agencies
are given project information and environmental forms to guide their input to the Lead Agency and all
comments from involved agencies are addressed during the review. In addition, involved agencies are
provided all environmental determinations.
From time to time the Board considers site plan review projects, such as the attached projects, for which
Common Council is identified as an involved agency. It has been the practice of the Planning Board to
seek Lead Agency concurrence for each individual project, and it has also been the practice of Council to
grant such concurrence. Staff has found that it is often difficult to coordinate timelines so that Council
can concur with the Planning Board’s intent to act as Lead Agency within 30 days.
To make the process more efficient, it is requested that Common Council consider consenting – in
advance – that the Board act as Lead Agency in the environmental review of all site plan review projects
for which Council is an involved agency. The Board has this arrangement with the Board of Zoning
Appeals and is seeking it with the IURA. Please see the attached draft resolution for your consideration.
Please note that taking this action does not affect the ability to deny concurrence should that be
Council’s desired course of action for any future project.
Should you choose not to take this action now, I have also attached Lead Agency Concurrence
Resolutions for the above referenced projects for your consideration.
If you have any questions, please contact me at 274‐6557.
(1)
March 11, 2015
Draft resolution: Common Council Concurrence that the Planning Board be Lead Agency in
Environmental Review For Site Plan Review Projects for which the Common Council is an
Involved Agency.
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the
City Code, Environmental Quality Review, require that a lead agency be established for conducting
environmental review of projects in accordance with local and state environmental law, and
WHEREAS: State Law specifies that, for actions governed by local environmental review, the lead agency
shall be that local agency which has primary responsibility for approving and funding or carrying out the
action, and
WHEREAS: State Law also specifies that when an agency proposes to directly undertake, fund or
approve a Type I Action or an Unlisted Action undergoing coordinated review with other involved
agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the
date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and
WHERAS: Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve
approvals or funding from Common Council, making Council an involved agency in environmental
review, and
WHEREAS: in order to avoid delays in establishing a Lead Agency and to make the environmental review
process more efficient, it is desirous to have an agreement that the Planning Board will assume Lead
Agency status for such projects, and
WHEREAS: in accordance with the State Environmental Quality Review Law and the City of Ithaca
Environmental Quality Review Ordinance, involved agencies are provided with project information and
environmental forms for their review, as well as all environmental determinations, now be it
RESOLVED: that Common Council does hereby consent to the Planning & Development Board acting as
Lead Agency in environmental review for site plan review projects for which Common Council has been
identified as an Involved Agency, and be it further
RESOLVED: that such consent does not affect Common Council’s ability to deny Lead Agency
concurrence, should it so desire, for any future project.
(2)
March 11, 2015
Draft Resolution: Common Council Concurrence that the Planning and Development Board be Lead
Agency in Environmental Review for the Proposed Mixed Use Project to be Located at 210 Hancock
Street.
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the
City Code, Environmental Quality Review, require that a lead agency be established for conducting
environmental review of projects in accordance with local and state environmental law, and
WHEREAS: State Law specifies that, for actions governed by local environmental review, the lead agency
shall be that local agency which has primary responsibility for approving and funding or carrying out the
action, and
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan
approval for a mixed use project known as 210 Hancock Street by Ithaca Neighborhood Housing Services
(INHS), applicant and owner, and
WHEREAS: the applicant proposes to redevelop the entire 2.01 acre parcel currently containing the
vacant former grocery store, a smaller commercial building and a 110‐space parking lot. The applicant
proposes to construct thirteen 2‐story for sale townhomes and a 4‐story, approximately 65,000 SF,
mixed use building with approximately 50 apartments and three ground floor commercial spaces
totaling approximately 10,000 SF. 70 parking spaces will be provided – approximately one third of which
will be on the ground floor of the apartment building. The applicant also proposes to convert portions
of Adams St and Lake Ave (both of which are public streets) into “living streets” by making them
narrower, providing green areas and installing bike and pedestrian amenities. The project is in the B‐2a
Zoning District and will likely require subdivision in the future. The project will require the following
approvals: a parking variance from the Board of Zoning Appeals (BZA), approval from the Board of
Public Works (BPW) for improvements to property in the public way, approval for funding from the
Ithaca Urban Renewal Agency (IURA) and approval from Common Council, and
WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance,
§176‐4 (h)(2),(k), and (n) and the State Environmental Quality Review Act, §617.4 (9), and is subject to
environmental review, and
WHEREAS: the BZA, BPW, IURA and Common Council have all been identified as potentially involved
agencies for the environmental review of this project, now therefore be it
RESOLVED: that Common Council does hereby consent to the Planning & Development Board acting as
Lead Agency in environmental review for the 210 Hancock Street Project.
(3)
March 11, 2015
Draft Resolution: Common Council Concurrence that the Planning Board be Lead Agency in
Environmental Review for the Proposed Lake Street Public Park Enhancement Project to be located on
Lake Street at Fall Creek.
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the
City Code, Environmental Quality Review, require that a lead agency be established for conducting
environmental review of projects in accordance with local and state environmental law, and
WHEREAS: State Law specifies that, for actions governed by local environmental review, the lead agency
shall be that local agency which has primary responsibility for approving and funding or carrying out the
action, and
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan
approval for proposed park enhancements at Lake Street Park by the City of Ithaca, applicant and
owner, and
WHEREAS: the applicant proposes to undertake enhancements to improve the accessibility and
functionality of the park. Proposed work includes adding a concrete walkway and falls overlook,
installing metal guardrails behind the existing stone retaining wall, installing a movable gate for
controlled access to the Ithaca Falls Natural Area, replacing the existing bike racks, adding an accessible
curb ramp, improving the landscaping, and other site improvements. The project is in the P‐1 Zoning
District and requires approvals from the Board of Public Works (BPW) and Common Council, and
WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance
(“CEQRO”) §176‐4 B.(h)[2] and [3] and the State Environmental Quality Review Act (“SEQRA) §617.4 (11)
and is subject to environmental review, and
WHEREAS: the BPW and Common Council have both been identified as potentially involved agencies in
the environmental review of this project, now therefore be it
RESOLVED: that Common Council does hereby consent to the Planning & Development Board acting as
Lead Agency in environmental review for the proposed Lake Street Public Park Enhancement Project.
SITE PLAN REVIEW APPLICATION REPORT
401 LAKE STREET
LAKE STREET PUBLIC PARK ENHANCEMENTS
LAKE STREET
FALLS
STREET
CONTRACT LIMIT LINE
CONTRACT LIMIT LINE
FALL CREEK
CITY OF ITHACA,
ITHACA, NEW YORK FEBRUARY 13, 2013
PREPARED BY:
TROWBRIDGE WOLF MICHAELS
LANDSCAPE ARCHITECTS LLP
1001 WEST SENECA STREET SUITE 101
ITHACA, NEW YORK 14850
607.277.1400
February 13, 2015
JoAnn Cornish and
Members of the City of Ithaca Planning and Development Board
Department of Planning and Development
City of Ithaca
108 West Green Street
Ithaca, New York 14850
Re: Site Development Review Application: Lake Street Public Park Enhancements Project
Dear Ms. Cornish:
This letter transmits to you the Site Development Plan Review Application and FEAF for the Lake Street
Public Park Enhancements (LSPPE) project at approximately 401 Lake Street.
The proposed enhancements seek to improve the area with park-like amenities and accessible routes.
Enhancements include an accessible curb ramp and concrete loop walkway, creek viewing areas with
benches, bike racks, a guardrail along the top of the existing stone abutment wall, and granite columns.
Proposed gates will provide a controllable entrance to the Ithaca Falls Recreation Area.
The attached materials include:
• Detailed project description
• Full Environmental Assessment Form and supplemental information
o Wild, Scenic, and Recreational River permit application
o Fall Creek Recreational River Boundary map
o Lake Street Bridge Plaza (LSPPE project) SHPO letter
o Lake Street Bridge Plaza (LSPPE project) Description and Photographs SHPO
o Email: FW_ Ithaca Falls Plaza_Park - contamination concerns
o U.S. Environmental Protection Agency Pollution Report
o Ithaca Falls Overlook investigation soil sample results 12-101-4
• Site Furnishings (benches) – cut sheets
• Project Drawings for Site Development Review (11”x17”)
On behalf of those involved, we look forward to reviewing the project with you and members of the Planning
and Development Board.
Please do not hesitate to call should you have questions or require additional information.
Best Regards,
Peter Trowbridge
Principal
cc: Addisu Gebre, EIT, City of Ithaca Bridge Systems Engineer
Trowbridge Wolf Michaels Landscape Architects LLP
1001 West Seneca Street, Suite 101 Ithaca, New York 14850 ph: 607.277.1400
www.twm.la
1
LOCATION
LOCATION:
The project site is at 401 Lake Street. It is on the east side of Lake Street on the south bank of Fall Creek. It is in
the far northwest corner of the Ithaca Falls Recreation Area.
MAP OF ITHACA PROJECT LOCATION
VICINITY MAP PROJECT LIMITS
2
ZONING
ZONING
The properties are located within the P-1 Public and Institutional Zoning District . The existing public usage of the
site will remain the same, and complies with the Public Recreation allowed use for P-1 zoned properties.
The P-1 District has the following requirements which the 108 Lake Street project complies with:
• Off Street Parking Requirements: 1 space per 10 users
• Off Street Loading Requirements: None
• Maximum Building Heights: None
• Maximum Lot Coverage: 35%
ZONING MAP
LEGEND
PROJECT SITE
3
EXISTIING CONDITIONS
EXISTING CONDITIONS
The property has a large public open space adjacent to a 5’-18 tall stone abutment along Fall Creek. There
currently is not a guardrail at the top of the wall. This presents a safety hazard for users and is a liability for the
City. A pathway down to creek level at the east end of the site is steep and undeveloped. The city currently uses
a temporary roadway barrier during the winter to control access down to the nature trail. Existing site furnishings
show signs of wear and are not positioned in optimal locations through the park. The existing benches have donor
plaques from the 1970 Kiwanis Club of Ithaca. There are no accessible routes into the site from the sidewalk
along Lake Street.
VIEW LOOKING AT THE PARK FROM THE BRIDGE ON THE NORTH
VIEW LOOKING ACROSS LAKE STREET TOWARDS THE PARK
4
SITE DESIGN
SITE DESIGN
The proposed improvements will enhance the area with park-like amenities and accessible pedestrian walks. A 5’
wide concrete walk will provide access from the sidewalk on Lake Street to new viewing areas that will be paved
with stone dust paving and a bluestone paving border. The viewing areas include benches that aesthetically fit
the industrial character of the adjacent building ruins. Donor plaques from the existing benches will be transferred
to the new benches. A steel frame guardrail is proposed behind the 5’-18’ tall stone abutment wall along Fall
Creek at the north edge of the site. The new guardrail will comply with NYS Building Code, and improves safety
in this public space. The guardrail will not be attached to the existing abutment wall. It will be anchored in new
concrete footings located behind the wall. Granite columns are located at key points along the guardrail, and a
gate provides the city with a controllable entrance to the nature trails leading to Ithaca Falls. A new accessible
curb ramp is aligned with the sidewalk on the north side of Falls Street.
PROPOSED SITE PLAN RENDERING
SUPPLEMENT: EXISTING CONDITIONS
CityofIthaca
SITEPLANREVIEW(SPR)APPLICATION
REQUIRED
BuildingPermitNumber:___________
APPLICANT:Name:Title/Role:
Address1:
Address2:City,State,&ZipCode:
Telephone:CellPhone:EͲMail:
CONSULTANT:Name:Title/Role:
Address1:
Address2:City,State,&ZipCode:
Telephone:CellPhone:EͲMail:
PROJECTOWNER:Name:Title/Role:
(ifotherthanapplicant)
Address1:
Address2:City,State,&ZipCode:
Telephone:CellPhone:EͲMail:
ʊPROJECTDESCRIPTIONʊ
ProjectTitle:
ProjectAddress:
Type(checkone):ResidentialCommercialIndustrialInstitutional
ScopeofWork(checkallthatapply&indicateapproximateoperation/constructioncost):
VegetationRemoval$FaçadeChange$Demolition$
NewPaving$Earthwork$NewPlanting$
NewStructure$StructureExpansion$AccessoryStructure $
TotalConstructionCost:$AnticipatedConstructionPeriod:to
(bestestimate)
ʊ OTHERINFORMATIONʊ
1.Ifthedevelopmentsiteisleasedproperty,listthepropertyowner'snameandaddressbelow:
LengthofLease:
Note:Ownermustincludewiththisapplicationawrittenstatement
authorizingtheapplicanttoserveastheagentofSitePlanReview(SPR).
CONTACT:
LisaNicholas,SeniorPlanner
DIVISIONOFPLANNING&ECONOMICDEVELOPMENT
108E.GreenStreet,3rdFloor
Ithaca,NY14850Ͳ5690
(607)274Ͳ6550Fax:(607)274Ͳ6558
lnicholas@cityofithaca.org
1of2
AddisuGebreBridgeSystemsEngineer
108EastGreenStreet
Ithaca,NY14850
607-274-6530607-279-7386 agebre@cityofithaca.org
JamesFruechtl ProjectManager
1001WestSenecaStreet,Suite201
Ithaca,NY14850
607-277-1400 jlf@twm.la
LakeStreetPublicParkEnhancements
+/-401LakeStreet,Ithaca,NY14850
$167,300
$16,600 $7,000
$18,300
$114,500
$10,900
(sitefurnishing&railings)
6/2015 11/2015
CITY OF ITHACA CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: This Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
Purpose: This Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists
in a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as
to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the portions of FEAF completed for this action: __Part 1 __Part 2 __Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
__A. The Proposed Action will not result in any large and important impact(s) and will not have a significant impact on the
environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
__B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action, because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
__C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
*A Conditioned Negative Declaration is only valid for Unlisted Actions.
Name of Action:
Name of Lead Agency:
Name and Title of Responsible Officer in Lead Agency:
Signature of Responsible Officer in Lead Agency:
Signature of Preparer:
Date:
X
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
(prepared by project sponsor/applicant)
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered part of the application for approval and may be subject to further verification and
public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is
expected that completion of the FEAF will depend on information currently available and will not involve
new studies, research, or investigation. If information requiring such additional work is unavailable, so
indicate and specify each instance.
Name of Action:
Location of Action:
Name of Applicant/Sponsor:
Address:
City/Town/Village: State: ZIP:
Business Phone:
Name of Owner (if different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action:
2
Lake Street Bridge Plaza
East of Lake Street and on south bank of Fall Creek
City of Ithaca Engineering Department
108 East Green Street
Ithaca New York14850
607-274-6530
The Lake Street Bridge Plaza Project, in Ithaca, NY, involves new park like amenities in the open
area to the east of Lake Street and on the upper side of the head wall south of Fall Creek. The project proposed the following improvements:
-New concrete walkway loop providing an accessible route to Fall Creek overlooks
-Metal guardrail behind existing stone retaining wall -Movable gate providing controlled access to the Ithaca Falls Natural Area Trail
-Stone columns anchoring the ends of the guardrail and gate
-2 overlook areas with wood benches and stonedust paving -Replace the existing bike racks with 4 new bike racks
-Potential interpretative signage for building ruins to the south
-Small under story trees in the center of the loop walk -Shrub plantings at connection to the Lake Street Bridge
Please complete each question (indicate N/A, if not applicable).
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: ____ acres ____ square feet (Chosen units apply to following section also.)
Approximate Area (Units in Question 2 apply to this section.)CurrentlyAfter Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Article 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth, or fill)
2i. Roads, buildings, and other paved surfaces
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.):
3b. Soil Drainage: Well-Drained ______% of Site
Moderately Well-Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No N/A
4b. What is depth of bedrock? (feet)
4c. What is depth to the water table? (feet)
5. Approximate percentage of proposed project site
with slopes:
0-10%% 10-15%%
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
Yes No N/A
6b. …Or a designated local landmark or located in a
local landmark district? Yes No N/A
7. Do hunting and/or fishing opportunities currently
exist in the project area? Yes No N/A If yes, identify each species:
_________________________
3
URBAN
50
50
X
X
X
Varies +/-24'
Varies +/-19
X
X
X
X
TROUT
XX
7350
490 SF 1440 SF
370 SF0 SF
5540 SF0 SF
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant
and/or animal life identified as threatened or
endangered?
Yes No N/A
According to: _____________________________
Identify each species: _______________________
9. Are there any unique or unusual landforms on the
project site (i.e., cliffs, other geological
formations)?
Yes No N/A
Describe: ___________________________________
10. Is project site currently used by the community or
neighborhood as an open space or recreation
area?
Yes No N/A
If yes, explain:_______________________________
11. Does present site offer or include scenic views
known to be important to the community? Yes No N/A
Describe: _________________________________
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes No N/A
Describe: _________________________________
13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s) to which
it is a tributary: ___________________________
_________________________________________
14. Lakes, ponds, or wetland areas within or
contiguous to project area:
a. Name(s): _________________________________
b. Size(s) (in acres): ___________
15. Has site been used for land disposal of solid
and/or hazardous wastes? Yes No N/A
Describe: __________________________________
16. Is the site served by existing public utilities?
a.If Yes, does sufficient capacity exist to allow
connection?
b.If Yes, will improvements be necessary to
allow connection?
Yes No N/A
Yes No N/A
Yes No N/A
4
X
X
X
X
X
Federal Highway Administration
Fall Creek -
Tributary to Cayuga Lake
Rock Outcroppings
Fall Creek Natural Area
Ithaca Falls on Fall Creek
Fall Creek Natural Area
N / A
X
X
X
X
X
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate): ______________
1a. Total contiguous area owned by project sponsor in acres: _______ or square feet: _______
1b. Project acreage developed: Acres initially: Acres ultimately:________
1c. Project acreage to remain undeveloped: ____________________
1d. Length of project in miles (if appropriate): ___________ or feet: ____________
1e. If project is an expansion, indicate percent of change proposed: _________%
1f. Number of off-street parking spaces existing: proposed:_____________
1g. Maximum vehicular trips generated (upon completion of project) per day: _______ and per hour: ______
1h. Height of tallest proposed structure in feet. _______
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? ________
2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site:
_______________________________ or added to the site: ________________________________
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres:___________ type of vegetation:_____________________________________________________
4. Will any mature trees or other locally important vegetation be removed for this project? ______
5. Are there any plans for re-vegetation to replace vegetation removed during construction? _______
6. If single-phase project, anticipated period of construction: months (including demolition)
7. If multi-phased project, anticipated period of construction: __________ months (including demolition)
7a. Total number of phases anticipated: ______________
7b. Anticipated date of commencement for first phase: month year (including demolition)
7c. Approximate completion date of final phase: month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A If yes, explain: __________________
______________________________________________________________________________________
9. Number of jobs generated during construction: __________ After project is completed: __________
10. Number of jobs eliminated by this project: Explain: _____________________________
______________________________________________________________________________________
11. Will project require relocation of any projects or facilities? Yes No N/A If yes, explain: ______
________________________________________________________________________________________
12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain: _______
________________________________________________________________________________________
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): ______________
12c. If surface disposal, where specifically will effluent be discharged? _____________________
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes No N/A If yes, explain: __________________________
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year flood
plain? Yes No N/A
5
X
X
X
X
X
X
N/A
102 FT
N/A
0 0
N/A
N/A
00 0
7350 SF
N/A?
N/A
0 CY 10 CY STONE BASE, 40 CY SOIL
0 N/A
NO
N/A
5
N/A
1
JUNE 2015
NOV 2015
0
0TBD
PROJECT DESCRIPTION(concluded)
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 of the ECL? Yes No N/A;
14d. If #14a., b., or c. is yes, explain: _______________________
15a. Does project involve disposal of solid waste? Yes No N/A
15b. If #15a. is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b. is yes, give name of disposal facility: and its location: __________
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No N/A If yes, explain: ___________________________________
15e. Will any solid waste be disposed of on site? Yes No N/A If yes, explain: _____________
_______________________________________________________________________________________
16. Will project use herbicides or pesticides? Yes No N/A If yes, specify: ________________
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? Yes No N/A; if yes, explain:
18. Will project produce odors? Yes No N/A If yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No N/A After construction? Yes No N/A
20. Will project result in an increase of energy use? Yes No N/A If yes, indicate type(s): ______
____________________________________________________________________________________
21. Total anticipated water usage per day in gals./day: Source of water:
6
X
X
X
X
X
X
X
X X
X
X
?
?
N/A
C. ZONING AND PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? Yes No N/A If yes, indicate
the decision required: _________________________
Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other: ______
2. What is the current zoning classification of site? ________________________
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning: _________________________
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
______________________________________________________
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
Yes No N/A If no, explain: _____________________________________________
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
(e.g., R-1a or R-1b) _____________________________________________________________
9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain: ________
________________________________________________________________________________________
10a. If the proposed action is the subdivision of land, how many lots are proposed?
10b. What is the minimum lot size proposed?
11. Will the proposed action create a demand for any community-provided services? (e.g., recreation,
education, police, fire protection, etc.)? Yes No N/A Explain: _____________________
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: _____________________________
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No N/A
If yes, is existing road network adequate to handle additional traffic?
Yes No N/A Explain: __________________________________________
7
X
X
X
X
X
X
R-1A (RESIDENTIAL)
P-1 (PARK)
N/A
N/A
N/A
D.APPROVALS
1. Approvals: ______________________________________
2a. Is any Federal permit required? Yes No N/A Specify: _________________
2b. Does project involve State or Federal funding or financing? Yes No N/A If Yes, Specify:
______________________________________
2c.Local and Regional approvals:
AgencyYes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council
Board of Zoning Appeals (BZA)
Planning & Development Board
Ithaca Landmarks Preservation
Commission (ILPC)
Board of Public Works (BPW)
Fire Department
Police Department
Building Commissioner
Ithaca Urban Renewal Agency
(IURA)
8
X
X
NO
YES
NO
NO
NO
NO
NO
NO
NO
SITE PLAN REVIEW FEB 2015
SITE PLAN REVIEW
9
E.INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
F. VERIFICATION
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name:
Signature:
Title:
***************** END OF PART 1 *****************
PeterTrowbridge
TWMLA,Principal
Name:
A Piil
February 13, 2015
Ms. Lisa Nicholas
Department of Planning and Development City of Ithaca
108 E. Green Street
Ithaca, NY 14850
Re: Wild, Scenic, and Recreational River Permit Application: Lake Street Public Park Enhancements Project
Dear Lisa:
Please accept this letter as the application to the Planning Board for a permit under the regulations for Wild,
Scenic, and Recreational Rivers. The segment of Fall Creek from Cayuga Lake upstream to the Beebe Dam
footbridge has been designated a Recreational River under section 15-2714 hh of the New York
Environmental Conservation Law, also known as the Wild, Scenic and Recreational Rivers System Act (the
Act). It is adjacent to the Lake Street Public Park Enhancements Project. The project will need to make a
small incursion into the designated Recreational River area. Please incorporate and refer to the project's
pending application for Site Plan Review for the Full Environmental Assessment Form.
The proposed project involves enhancements to the open area at 401 Lake Street located above the stone
abutment wall on the south side of Fall Creek and on the east side of Lake Street. Major enhancements
include installing a guardrail behind the abutment wall, benches and stone dust overlook areas behind the
guardrail, and a concrete loop walk through the open area. After construction the area will be seeded and
the lawn will be re-established.
This permit is required due to the project’s adjacency to Fall Creek. An abutment wall with no direct contact
with the shore line separates the site from the creek. Measures will be taken to prevent any possible
sediment from flowing into the creek. Standard erosion control measures will be in place prior to and
throughout the duration of construction. Refer to the attached project documents for the locations and
details of the measures.
Please refer to the attached documents as part of our permit submission:
1. Site Plan Review Application and supplemental information
2. City of Ithaca FEAF
3. Site Plan Review Drawings
4. Fall Creek Recreation River Boundary Map
Please do not hesitate to contact me should you have questions or require additional information.
Best Regards,
Peter Trowbridge
cc: Addisu Gebre, EIT, City of Ithaca Bridge Systems Engineer
Trowbridge Wolf Michaels Landscape Architects LLP
1001 West Seneca Street, Suite 101 Ithaca, New York 14850 ph: 607.277.1400
www.twm.la
.-----Legend----,
Nl A
CPOZ
Bounda ry
0
NY State Plane, Central GRS 80 Datu m
---------0
500 1,000
US survey feet
Map Source : Tompk ins County Digital Plan imetric Map 1991-2005
State of New York Tompkins County Ove rfli ght , 2007
Map Prepared by: GIS Planning , City of Ithaca , NY , 19 Aug ust 20 08.
Lake Street Bridge Plaza Enhancements Project Description and Photographs
Description
The City of Ithaca proposes safety improvements and aesthetic enhancements to an
existing underutilized public park area located at the southeast corner of the Lake Street
Bridge over Fall Creek, Ithaca, NY.
CDBG funds will be used for the extension of an ornamental steel picket fence along the
top of an existing stone wall. This work forms a relatively small portion of a much larger
project, which will eventually include a new stairway down to Fall Creek, new landscape
plantings, a new section of sidewalk, scenic overlooks and interpretive signage,
landscape bollards, and new crosswalks and ADA access ramps at Lake Street.
Photographs of Existing Conditions
View of site looking north down Lake Street
View of site from corner of Lake Street and E. Falls Street, looking northeast
View of site from Lake Street and E. Falls Street, looking directly east
Detail of top of wall where new railing is proposed
View of site from a point on Lake Street bridge, looking south
View of site from north terminus of Lake Street bridge, looking south
From:Peter Trowbridge
To:jlf@twm.la ; arm@twm.la
Subject:FW: Ithaca Falls Plaza/Park - contamination concerns
Date:Wednesday, January 21, 2015 11:08:32 AM
Attachments:Binder EPA soil removal at base of IG gorge wall binder.pdf
Ithaca Falls Overlook investigation soil sample results 12-101-4.pdf
This memo will get added to our FEAF for submission on the 13 th .
Peter
From: Addisu Gebre [mailto:AGebre@cityofithaca.org]
Sent: Wednesday, January 21, 2015 10:46 AM
To: Peter Trowbridge [pjt@twm.la]
Cc: Mieczkowski, Joseph
Subject: FW: Ithaca Falls Plaza/Park - contamination concerns
FYI....
From: Nels Bohn
Sent: Wednesday, December 10, 2014 4:39 PM
To: Cynthia Brock; Goldsmith, Bill; dwk5@cornell.edu ; Leventry, Ellen; Jim Dalterio; Jeanne Grace;
JoAnn Cornish; Fabbroni, Lawrence; mhobbie@verizon.net; Ray Benjamin; rmannin4@twcny.rr.com;
rmm5@cornell.edu ; sjs96@cornell.edu ; Common Council; Svante Myrick; Steve Thayer; Aaron Lavine
Cc: Addisu Gebre; Tom West; Michael Thorne; Deschere, Ken; Travis, Frost; Priscott, Gary;
dhanny@bartonandloguidice.com ; snostrand@BartonandLoguidice.com; Kevin Sutherland; Michael
Thorne; Tom Parsons; Mike Niechwiadowicz; Bob Ripa
Subject: RE: Ithaca Falls Plaza/Park - contamination concerns
Cynthia,
After some research, and assistance from DEC project manager Gary Priscott, I can confirm
that the EPA removed lead-contaminated soil from the base of the cliff under the former
Ithaca Gun site in 2004. Please see attached EPA Pollution Report prepared by Jack Harmon
and three photos.
The description of EPA work indicates full removal of impacted soil at the base of the cliff
and indicates that post mitigation confirmation sampling was conducted. The actual sample
results do not appear to be available on the webpage, but post-EPA mitigation sample results
from other areas of the Ithaca Gun site have been confirmed at well below 400 parts per
million (ppm) for lead, the soil clean up objective for safe recreational and restricted
residential use.
The EPA webpage can be accessed at the following link:
EPA Ithaca Gun emergency removal action webpage
The City's environmental engineer, Barton & Loguidice has visually inspected conditions at
the base of the gorge wall. They did not observe slag or industrial soils as seen at locations
of the Ithaca Falls Overlook Site were lead has been identified. Rather, they observed a
small slope of dark gray shale talus consistent with natural erosion of the shale cliffs, so there
are no obvious signs of contaminated soils from the former Ithaca Gun factory site collecting
at the base of the gorge wall.
As you note, the City has been conducting a site investigation of the City-owned Ithaca Falls
Overlook site with NYS Environmental Restoration Program (ERP) grant assistance. Due to
ERP restrictions, we are conducting interim remedial measures to remediate contaminated
areas as we proceed with the site investigation. Once the site investigation is formally
completed our funding will expire. Attached are maps depicting draft soil sample results
from the site investigation work to define the extent of soil contamination. Please note that
these sample results are intended to augment previous soil sampling conducted in the Ithaca
Gun area.
The current Ithaca Falls Overlook Site Investigation has not collected samples at the base of the gorge wall.
This area was presumed to be clean as a result of the EPA cleanup and original data that suggested a border of
vegetation at the top of the gorge wall would remain undisturbed. In other words, any erosion of
contaminated soils would move into the raceway or western slope rather than down the gorge wall. Soil
samples collected in the following locations meet soil cleanup objectives (less than 400 ppm):
the western (lower) raceway below the plunge pool
the eastern (upper) raceway above the concrete pad
the downslope bench below the western slope of the "island"
the upper "island" east of the concrete pad
Remediation work was completed on the western accessway (narrow connector from Lake St. to Ithaca Gun
chimney area) of the Ithaca Falls Overlook site in 2013. Work is now underway to remediate the "island"
portion of the City site, the area generally located between the raceway and the gorge wall. Very recent
soil sampling shows that that a narrow area of soils located between the concrete pad and the top of the gorge
wall also need to be removed. This area is vegetated and includes several trees, which promotes stabilization
of the soils in this area. During the removal of these soils, it is possible that some soils may fall to the gorge
floor. The contractor is required to collect any soils that fall to the gorge floor for removal and the
City's environmental engineer will be on-site to spot any material that falls. This work is scheduled to
commence the week of December 15th and be complete within one week.
Following removal of the soils from the "island" area near the gorge wall, and as weather
permits, it is our intent to conduct soil sampling for lead at the base of the gorge wall to
confirm that the soils in the gorge are safe for public recreational use. Sampling will be
scheduled for conditions when the base of the gorge wall is free of snow and ice.
Given the 2004 EPA cleanup, the visual inspection of the talus at the base of the gorge wall,
and the vegetated nature of the soils at the top of the gorge wall and intact concrete cap, I do
not anticipate to find that any significant amount of contaminated soils from the "island"
have collected at the base of the gorge wall since the 2004 EPA cleanup. I hope funding for
design and cost estimation for an enhanced Ithaca Falls gorge entrance plaza will be
authorized now so the City will be in position to make a decision to authorize
construction later in the year. Given weather conditions, it could be several months before
confirmatory sampling can be completed at the gorge floor.
Nels
PS One note regarding "dust and debris", please note that air monitoring is being conducted
during all invasive activity at the Ithaca Falls Overlook Site. To date, there have been no
exceedances during remediation work.
PPS The NYSDEC Environmental Site Remediation Database information included with
your email is for the former Ithaca Gun factory site, not the area directly above the gorge
wall. The City-owned Ithaca Falls Overlook site is located between the former factory site
and the gorge wall.
.
Nels Bohn, Director of Community Development
Ithaca Urban Renewal Agency
108 W Green Street
Ithaca, NY 14850
e-mail: NBohn@cityofithaca.org
phone: 607-274-6547
From: Cynthia Brock
Sent: Monday, December 08, 2014 12:49 PM
To: Goldsmith, Bill; dwk5@cornell.edu ; Leventry, Ellen; Jim Dalterio; Jeanne Grace; JoAnn Cornish;
Fabbroni, Lawrence; mhobbie@verizon.net; Ray Benjamin; rmannin4@twcny.rr.com; rmm5@cornell.edu ;
sjs96@cornell.edu ; Common Council; Svante Myrick
Cc: JoAnn Cornish; Nels Bohn; Addisu Gebre
Subject: Ithaca Falls Plaza/Park - contamination concerns
Dear Council Colleagues, Mayor and Parks Commission,
I am writing in response to the proposal to create a formal entrance into the Fall Creek
natural area. These enhancements are intended to be funded through a $195,000 increase to
Capital Project #791 Lake Street Bridge Rehabilitation Project and include (among others)
stairway construction, signage, and handicap access ramps. As outlined in Addisu's memo
dated 19 November 2014, these enhancements are intended to provide safety improvements
in the area, increase the numbers of visitors, contribute to the economy, and achieve
local/state/Federal Environmental and Public Park Standards.
I support of the creation of a plaza/park at the entrance to the lower Ithaca Falls natural area.
However, I feel very strongly that prior to construction of this new entrance, the soils in the
natural area must be tested for lead and related toxins which are being currently remediated
at the Ithaca Gun site, to ensure that the area is free from contamination in exceedance of
required residential use standards.
As you may know the former Ithaca Gun site – a portion of which is also intended to become
a City park – is currently being remediated for lead and TCE contamination. One of the
Ithaca Gun remediation sites (the “Island”) overlooks the Ithaca Falls natural area, and a
quick visit to the Falls will demonstrate how dust and debris resulting from the remediation
activities above are impacting the natural area.
Nels Bohn informed me by email on December 5th that he has made a request of the City’s
environmental consultants to “relook at the question of the northern extent of lead
contamination from the former Ithaca Gun site given that some soils under the concrete cap
on 'the island' have been confirmed to contain elevated levels of lead. Specifically, I am
seeking confirmation that lead concentrations above 400 ppm do not extend down into the
base of the gorge floor where the public walks to enjoy the Ithaca Falls.” I am deeply
appreciative of Nels’ efforts and look forward to receiving these test results and what I hope
will be good news. If however it is discovered that the area is impacted by contamination
from Ithaca Gun, it would be best to delay any recreational enhancements until after the
remediation of the Ithaca Falls waterfront has been completed.
Once we are assured of the area meeting NYS Environmental and Public Park Standards, I
will be in full support of approving the establishment of the Ithaca Falls Plaza/Park, and the
fulfillment of the City’s long-overdue obligation (1995) for this beautiful area and regional
attraction to serve as substitute parkland for Inlet Island.[1]
Environmental Site Remediation
Database Search Details
Site Record
Administrative Information
Site Name: Former Ithaca Gun Factory
Site Code: C755019
Program: Brownfield Cleanup Program
Classification: A
EPA ID Number:
Location
DEC Region: 7
Address: 121-125 Lake Street
City:Ithaca Zip: 14850
County:TOMPKINS
Latitude: 42.451627000
Longitude: -76.492829833
Site Type:
Estimated Size: 1.630 Acres
Site Owner(s) and Operator(s)
Current Owner Name: IRF Development, LLC
Current Owner(s) Address: 323 North Tioga Street
Ithaca,NY, 14850
Site Document Repository
Name: Tompkins County Public Library
Address: 101 East Green Street
Ithaca,NY 14850
Site Description
Location: The Former Ithaca Gun Factory site is located at 121-125 Lake Street in an
urban area of the City of Ithaca, Tompkins County. It is situated in an area with the
Ithaca Falls and Fall Creek to the north, Cornell University to the east, Lake Street to the
south, and a residential neighborhood to the west. The proposed Brownfield Cleanup
Program (BCP) site approximately 1.6 acres in size. Site Features: The site consists
mostly of an open undeveloped parcel. The manufacturing buildings that previously
occupied most of this property were demolished in 2009. One small single-story building
and the boiler stack still exist on the western portion of the site. The site property is
positioned on the side of a hill; however, most of the site is terraced with significant level
areas suitable for development. Elevations at the site range from approximately 490 feet
above mean sea level (amsl) on the western portion of the site to 545 feet amsl in the
eastern portion of the site. Current Zoning/Uses: Currently the site is vacant and consists
mostly of open land; it is zoned industrial. Surrounding land uses to the east, south and
west are mostly residential. Property that is contiguous along north and west portions of
this site are part of Ithaca Falls Overlook, Environmental Restoration Program (ERP) site
and owned by the City of Ithaca. Past Use of the Site: The site was originally developed
for industrial use in 1813. Companies that may have operated at the site prior to the
Ithaca Gun Company include the Ithaca Manufacturing Company (agricultural equipment)
and the W.H. Baker & Company gun factory. The Ithaca Gun Company operated at the
site from 1885 through 1986. The main operations included manufacture of firearms and
munitions. Supporting manufacturing activities and site uses included spray-painting,
drying gun stocks in ovens, firing ranges, metal plating, machine shop, and forging. Prior
uses by the Ithaca Gun Company appear to have led to contamination of both on-site and
near off-site areas. From 1995 to 1998, following discovery of lead shot in the Falls Creek
gorge area, soil sampling was conducted in on-site and off-site areas. In 2000, leaking
transformers and associated PCB-contaminated soils were removed from the site. From
2000 to 2002, the EPA conducted a removal assessment, limited building demolition, and
soil removal activities mostly on adjacent off-site areas; however, some portions of the
former Ithaca Gun Factory property were included. In 2001, an Environmental Site
Assessment and a Site Investigation were completed for and funded by the site owner at
that time. In 2002, this site was part of the property included within the Voluntary
Cleanup Agreement for the Ithaca Gun Company Site, with the site identification of
V00511. In 2009, the on-site buildings were demolished and removed from the site.
Funding for the demolition activities were at least partially supported by the Empire State
Development Restore NY program. Post-demolition site investigation activities have
included surface soil screening and sampling, and groundwater sampling. Site Geology and
Hydrogeology: Bedrock is exposed at the ground surface in level areas and is outcropping
in many areas of the site. The bedrock in other areas is covered by soil or crushed
masonry type building materials with thicknesses ranging from a few inches to
approximately 15 feet. Groundwater is encountered within the fractured bedrock. Depth to
groundwater is approximately 15 to 20 feet below ground surface. The generalized
direction of groundwater flow is to the west-northwest.
Contaminants of Concern (Including Materials Disposed)
Type of Waste Quantity of Waste
cis-1,2-Dichloroethene UNKNOWN
TRICHLOROETHENE (TCE)UNKNOWN
LEAD UNKNOWN
TETRACHLOROETHYLENE (PCE)UNKNOWN
VINYL CHLORIDE UNKNOWN
Site Environmental Assessment
Based upon preliminary investigations conducted to date, the primary contaminant of
concern in soil appears to be lead, and the primary contaminants of concern in
groundwater include tetrachloroethene (PCE), trichloroethene (TCE), cis-1,2-
dichloroethene (c12DCE), and vinyl chloride. Soil – Lead has been found in shallow soils
covering nearly the entire site at concentrations that exceed the soil cleanup objective
(SCO) for residential use (400 ppm). Concentrations of lead in surface soils, as
derived from laboratory data, show a range from 66 to 190,000 ppm. The depth of
contamination in the soils has not been delineated. Groundwater – PCE, TCE, c12DCE and
vinyl choride have been detected in groundwater at monitoring wells located hydraulically
downgradient from the site at concentrations exceeding the respective groundwater
standards (5 ppb for PCE, TCE, and c12DCE; and 2 ppb for vinyl choride) and indicate an
on-site source area of contamination. Maximum concentrations of PCE, TCE, c12DCE, and
vinyl choride in a downgradient well are 230, 1500, 2100, and 91 ppb, respectively. The
full nature and extent of groundwater contamination are unknown. Soil Vapor and Indoor
Air – The nature and extent of contamination in soil vapor is unknown. Information
regarding the environmental conditions at the site will be revised as additional information
becomes available.
Site Health Assessment
People are not drinking contaminated groundwater associated with the site because the
area is served by a public water supply that obtains its water from a different source not
affected by this contamination. The site is partially fenced; however, people who enter the
site may contact contaminants in the soil by walking on the soil, digging, or otherwise
disturbing the soil. Volatile organic compounds in the groundwater may move into the soil
vapor (air between soil particles), which in turn may move into overlying buildings and
affect the indoor air quality. This process, which is similar to the movement of radon gas
from the subsurface into the indoor air of buildings, is referred to as soil vapor intrusion.
Currently, there are no buildings on the site, so inhalation of site contaminants in indoor
air due to soil vapor intrusion does not represent a concern for the site in its current
condition. The potential for soil vapor intrusion to occur on and near the site will be
evaluated.
[1] http://image.iarchives.nysed.gov/images/images/129376.pdf NYS Senate Bill No. S5365
“An Act to authorize the city of Ithaca, county of Tompkins, to discontinue the use of
certain real property for park purposes. Summary: establishes a new unconsolidated law
to remove the parkland designation on certain parcels of land located on Inlet Island in
Ithaca, New York; to designate as parkland certain other parcels of land located at Ithaca
Falls, Six-Mile Creek and Cayuga Inlet in Ithaca, New York.”
Cynthia Brock
Alderperson, First Ward
607 398-0883
cbrock@cityofithaca.org
"We may have different religions, different languages, different colored skin, but we all belong to one
human race."
~~ Kofi Annan, Former United Nations Secretary General and Nobel Laureate
U.S. ENVIRONMENTAL PROTECTION AGENCY
POLLUTION REPORT
I. HEADING
Date: May 3, 2004
From: Jack D. Harmon
Removal Action Branch
To: R. Salkie, ERRD-RAB
J. Rotola, EPA-RAB
J. Malleck, EPA-SPB
G. Shanahan, EPA-ORC
M. Cervantes, 2CD
M. Basile, 2CD
R. Cahill, 2CD-POB
R. Byrnes, 2OIG
T. Johnson, 5202G
T. Suozzo, NYSDEC
R. Parker, NYSDEC
D. Geraghty, NYSDOH
S. Mabee, TCDPH
S. Steuteville, NAC
C. Peterson, City of Ithaca Mayor
Subject: Ithaca Gun Company Removal Action
Ithaca, Tompkins County, New York
POLREP #: 17 (Seventeen)
II. BACKGROUND
Site #: QJ
Contract #: 68-S2-99-08
Delivery Order: 0059
Response Authority: CERCLA
CERCLIS NO.: NYN000204292
NPL Status: Not Listed
State Notification: NYSDEC & NYSDOH Notified
Action Memorandum (AM) Status: Approved September 19, 2001
Removal Start Date: January 30, 2002
Mobilization Date: April 8, 2002
Demobilization Date: N/A
\
2
III. SITE INFORMATION
A.Incident Category
CERCLA Incident Category: Former Gun Manufacturing Facility - Lead-contaminated soil
B.Site Description
1.Site Description
See Previous POLREP
2. Description of threat
See Previous POLREP
C.Site Evaluation Results
See Previous POLREP
IV. RESPONSE INFORMATION
A.Situation
1. Removal Actions To Date
Resumption of site activities will occur the week of March 1, 2004 with site preparation tasks
being performed. Next week, removal of lead contaminated material from the base of the Fall
Creek gorge is planned to commence. This material will be consolidated, both manually and
with a mini-excavator, into small piles where it will then be put into one-cubic yard sacks.
These sacks will then be hoisted up by a crane positioned on the island parcel and placed into a
roll-off container spotted along side.
During the week of March 8, 2004, Earth Tech mobilized manpower and equipment to remove
lead contaminated material from the base of Fall Creek gorge. Invasive species of vegetation
identified by members of the NAC and the City Forester were cut and removed to provide access
to the work area. The work area was delineated with a high visibility fence as well as hay bales
to serve as a sediment barrier in case of high water. A total of 51 one-cubic yard bags were
filled, staged and secured. Samples were collected both for disposal analyses as well as to
confirm removal of contaminated material.
Earth Tech continued removal of lead contaminated material from the base of Fall Creek gorge.
The work area continues to be delineated with a high visibility fence as well as hay bales to serve
as a sediment barrier in case of high water. A 35-ton crane with an operator was mobilized on
3
Monday to hoist bagged material from the gorge. Thru Friday, 116 one-cubic yard bags have
been filled, 100 of which have been hoisted from the gorge and staged awaiting transportation
and disposal.
During the week of March 29, 2004, Earth Tech completed the removal of lead contaminated
material from the base of Fall Creek gorge. A total of 258 one-cubic yard Asuper sacks@ were
filled and staged on the island. A final Ascrape@ of the work area was also completed and post
excavation samples collected to confirm effectiveness of the removal.
Complications with the disposal facilities developed which prevented the material to be sent
off-site last week. Due to these complications, arrangements were finalized with another
disposal facility.
Shipments of lead contaminated material from the gorge were completed on Thursday, April 8th.
A total of 15 loads (258 bags/259.6 tons) was sent to the Ontario County landfill in Stanley.
Limited activities were accomplished during the week of April 19th, i.e., site preparation and
accepting deliveries of topsoil. A small crew will be mobilized for the week of the April 26th in
preparation for beginning restoration of excavated areas on the island parcel.
The Administrative Record has been placed in the Tompkins County Library. The Site=s
website,www.epaosc.net/ithacagun is being updated frequently with site progress reports,
photographs, and air monitoring results.
The current ceiling for the ERRS contractor was increased by $50,000 to $3,350,000. Funding
was allocated from the $365,000 in contingency.
2. Enforcement
Effective June 6, 2003, EPA entered into a Settlement Agreement pursuant to CERCLA Section
122(h) with the City of Ithaca and State Street Associates, L.P. II, and a Prospective Purchaser
Agreement with Fall Creek Redevelopment, L.L.C. These two agreements resulted in a total
recovery of $365,000 in past EPA costs.
B.Planned Removal Actions
Vacuum operations will continue down the Aisland parcel@ and through the lower Millrace.
C.Key Issues
The NYS Office of Parks, Recreation and Historic Preservation has completed their review of
the Phase I Archeology Report (Areport@) in accordance with Section 106 of the National Historic
Preservation Act of 1966, and the implementing regulations. Based upon their review, it is the
State Historical Preservation Office=s (ASHPO@) opinion that the removal action will have ANo
Effect upon cultural resources in or eligible for inclusion in the National Register of Historic
4
Places.@ The SHPO concurs with the report=s recommendations that encourage preservation of
millrace features and historic foundation remains where possible and providing notification of
any major discoveries and/or archeological monitoring. The EPA will abide by the report=s
recommendations and will proceed with as much sensitivity toward the historic remains as
possible.
V. COST INFORMATION (thru 04/30/04)
Cost To Date Information Summary
Amount Budgeted Costs to Date Total Remaining
ERCS Contractor $3,350,000 3,236,748 113,252
START/AST $ 300,000 290,379 9,621
EPA $ 265,000 185,131 79,869
TOTAL $3,915,000 3,712,258 202,742
The above accounting of expenditures is an estimate based on figures known to the OSC at the time this
report was written. The OSC does not necessarily receive specific figures on final payments made to
any contractor(s). Other financial data, which the OSC must rely upon, may not be entirely up-to-date.
The cost accounting provided in this report does not necessarily represent an exact monetary figure
which the government may include in any claim for cost recovery.
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osdb-1a western slope 9
western slope 8
western slope 7
western slope 4
western slope 5
western slope 1
western slope 3
western slope 10
western slope 11
former walkway 5
former walkway 4
former walkway 3
former walkway 2
former walkway 1
western slope 6 5
western accessway 1e
western accessway 1d
western accessway 1c
western accessway 1b
western accessway 2e
western accessway 2d
western accessway 2c
western accessway 2b
western accessway 1-a
western accessway 2-a
western slope 6 1western slope 6 2
western slope 2
western slope 6 3western slope 6 4
border post
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off site 2c
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off-site 1b
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survey post 2
plunge pool e
plunge pool dplunge pool c
plunge pool 1b
plunge pool 1-a
western raceway 5western raceway 6
western raceway 3
western raceway 4
western raceway 2e
western raceway 2d
western raceway 2c
western raceway 2b
western raceway 1e
western raceway 1d eastern raceway 2e
eastern raceway 2d
eastern raceway 2c
eastern raceway 1e
eastern raceway 1d
eastern raceway 1c
eastern raceway 1b
eastern raceway 1a
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western raceway 2a
western raceway 1c
western raceway 1b
western raceway 1a
eastern raceway 2b
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µ
1 inch = 40 feet
Sources: Aerial Photo - ESR I Map Service;Soil Sample Locations - B&L; Parcel Boundary -Tompkins County
Tompkins County New York
Figure
1
ProjectNo.1307.002
Soil Sample Locations
City of Ithaca
7/20/12
Legend
!A Soil Sample Point
Parcel Boundary
-All drawings, specifications, design and details on this page remain the property of Maglin Site Furniture Inc. and may not be used without Maglin authorization.
-Details and specifications may vary due to continuing improvements of our products.
MATERIALS: Bench ends are made from solid cast
aluminum. The seat employs Ipe Slats.
FINISH: The Maglin Powdercoat System provides a
durable finish on all metal surfaces. Wood slats
are treated with penetrating sealers.
INSTALLATION: The bench is delivered pre-assembled. Holes
(0.5") are provided in each foot for securing
to base.
TO SPECIFY: Select MLB1200-W-A
Choose:
- Powdercoat Color
OPTIONS: - Personalization
- Plaque
- Skate Deterrent
COMPLEMENTARY PRODUCTS:
- MLB1200B-W
- MLPT1200-W
MLB1200-W-A
DIMENSIONS: Height: 30.50" (77.5 cm)
Length: 70.00" (177.8 cm)
Depth: 23.00" (58.4 cm)
Weight: 135lbs (61kg)
TM*T 800-716-5506
F 877-260-9393
www.maglin.com
sales@maglin.com
30.50
17.00
70.00
benches
* MAGLIN is a registered trade mark of Maglin Site Furniture Inc.
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
3
4
5
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
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COPYRIGHT C 2015IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LANDSCAPE ARCHITECT TO ALTER ANY ITEM ON THIS DOCUMENT WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND A SPECIFIC DESCRIPTION OF ALTERATIONS.LAKE STREET PUBLIC PARK ENHANCEMENTS Ithaca, New York City of Ithaca 02/13/2015 13033 PJT / ARMJLF1001 W. Seneca St., Ste. 101 Ithaca, NY 14850 607-277-1400 Fax 607-277-6092
File: T:\PROJECTS\City of Ithaca Lake Street Bridge\ACAD\TWMLA2013033 BASE.dwgPlot Date: 2/11/2015
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File: G:\LSPP_Preliminary SPR\PRINT, report, application, rr, dwgs\dwgs\TWMLA2013033 BASE_r3 - Standard\TWMLA2013033 SURVEY_TTBLK.dwgPlot Date: 2/6/2015
S-1SURVEY
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
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ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
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COPYRIGHT C 2015IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LANDSCAPE ARCHITECT TO ALTER ANY ITEM ON THIS DOCUMENT WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND A SPECIFIC DESCRIPTION OF ALTERATIONS.LAKE STREET PUBLIC PARK ENHANCEMENTS Ithaca, New York City of Ithaca 02/13/2015 13033 PJT / ARMJLF1001 W. Seneca St., Ste. 101 Ithaca, NY 14850 607-277-1400 Fax 607-277-6092
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GENERAL NOTES - DEMOLITION 1.CONSTRUCTION FENCING TO BE INSTALLED AS NECESSARY TO PROTECT PEDESTRIANS, CONTROL VEHICULAR TRAFFIC AND PROTECT ON-SITE CONSTRUCTION MATERIALS.2.GENERAL CONTRACTOR SHALL NOTIFY ALL UTILITY OWNERS HAVING UNDERGROUND UTILITIES ON SITE PRIOR TO EXCAVATION.3.AS PER N.Y.S. INDUSTRIAL CODE 753: CONTRACTOR TO CALL DIG SAFELY NEW YORK (1-800-962-7962) TO LOCATE BURIED CABLES OR OTHER UNDERGROUND UTILITIES NO LESS THAN TWO OR MORE THAN TEN WORKING DAYS PRIOR TO DIGGING, DRILLING, EXCAVATING, DRIVING POSTS, ETC.4.CONTRACTOR SHALL KEEP STREET AND EXISTING WALKWAYS CLEAR OF ALL DEBRIS AND SEDIMENT AND SHALL CLEAN STREET AND WALKWAYS AT THE END OF EACH DAY.5.PROVIDE SILT FENCING AT ALL DOWNHILL SIDES OF WORK AS INDICATED.6.PROVIDE SEDIMENTATION CONTROLS AT ALL EXISTING DRAINAGE INLETS AFFECTED BY NEW CONSTRUCTION.7.ENCIRCLE ALL STOCKPILES WITH SILT FENCE AND COVER THEM WITH A TARP WITHIN 7 DAYS OF FORMATION.8.EXISTING BIKE RACK AND BENCHES SHALL BE REMOVED COMPLETELY INCLUDING FOOTINGS UNLESS OTHERWISE NOTED ON PLAN.9.BASE MATERIAL IN AREAS TO RECEIVE PAVEMENT TO BE EXCAVATED TO SUB-GRADE ELEVATIONS AS REQUIRED TO ACCOMMODATE BASE COURSE.10.PROTECT ALL SURFACE AND SUBSURFACE UTILITIES TO REMAIN DURING DEMOLITION WORK.11.ALL REMOVED/DEMOLISHED MATERIAL SHALL BECOME CONTRACTOR'S PROPERTY AND BE REMOVED FROM SITE, UNLESS NOTED OTHERWISE. OWNER TO RESERVE RIGHT OF FIRST REFUSAL ON ALL DEMOLISHED MATERIAL.12.PROTECT EXISTING PAVEMENTS, LANDSCAPE, & SITE FEATURES TO REMAIN. ANY DAMAGED OR DISTURBED PAVEMENTS, LANDSCAPE OR SITE FEATURES SHOWN TO REMAIN ARE TO BE REPAIRED / REPLACED IN KIND AT NO COST TO THE OWNER.13.TOPSOIL TO BE STRIPPED AND STOCKPILED FOR RESPREADING.14.PROTECT EXISTING TREES TO REMAIN. DO NOT STORE EQUIPMENT OR MATERIALS WITHIN THE DRIPLINE OF TREES.15.MINIMIZE IMPACT TO EXISTING, REMAINING LANDSCAPE WHILE EXCAVATING. GREAT CARE IS TO BE TAKEN TO AVOID DISTURBING ROOTS OF EXISTING TREES. HAND EXCAVATION & AIR SPADE REQUIRED WHERE EXISTING TREE ROOTS ARE PRESENT.16.DONOR PLAQUES ON BENCHES TO BE REMOVED AND CLEANED FOR REINSTALLATION ON NEW BENCHES.CONSTRUCTION FENCEBENCHES, BIKE RACKS, AND CONCRETE PADS TO BE REMOVED SAWCUT PAVEMENT CONTRACT LIMIT LINEGRANITE CURB TO BE REMOVEDLEGENDINLET PROTECTION SILT FENCE GRADE 1'-8" MIN.1'-4" MIN.6"6"NOTES:1.WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POST WITH WIRE TIES OR STAPLES.2.FILTER FABRIC TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES SPACED EVERY 24" AT TOP AND MID SECTION.3.WHEN TWO SECTIONS OF FABRIC ADJOIN EACH OTHER, OVERLAP BY 6" AND FOLD.4.PERFORM MAINTENANCE AS NEEDED AND REMOVE SILT WHEN BULGES DEVELOP IN THE SILT FENCE.5.ALL SILT FENCING AND SEDIMENT CONTROLS TO BE IN PLACE BEFORE CONSTRUCTION BEGINS AND MUST REMAIN INTACT UNTIL CONSTRUCTION IS COMPLETE AND NEW LAWN IS MORE THAN 50% GROWN IN.Scale: 1/2"=1'-0"SILT FENCEB52" HARDWOOD FENCE POST @ 8'-0" O.C.WOVEN WIRE FENCE (MIN. 14-1/2" GAUGE WITH 6" MESH SPACING) WITH FABRIC OVER FILTER FABRIC: MIRAFI 100X ENVIROFENCE OR APPROVED EQUAL SILT DIG 6" WIDE & DEEP TRENCH, BURY BOTTOM 12" OF FABRIC, TAMP IN PLACE NOTES:1.FILTER FABRIC TO BE CUT FROM CONTINUOUS ROLL TO ELIMINATE JOINTS. IF JOINTS ARE NECESSARY, OVERLAP TO EXTEND TO NEXT STAKE.2.SPACE STAKES EVENLY AROUND DRAINAGE STRUCTURE AT MAXIMUM 3' INTERVALS AND DRIVE TO MINIMUM 18" DEPTH INTO SOIL.3.FILTER FABRIC TO BE SECURELY FASTENED TO LUMBER FRAME AND SHALL BE EMBEDDED A MINIMUM 12" INTO SOIL.12"MIN.1'-6" MIN.Scale: 1/2"=1'-0"INLET PROTECTIONA52X4 LUMBER STAKES AND RAILS OVERFLOW WEIR BELOW ADJOINING GRADE AS NECESSARY TO PREVENT BYPASS OF RUNOFF TO NEXT DOWNSTREAM STRUCTURE FILTER FABRIC DRAINAGE INLET OR STORM MANHOLE
File: T:\PROJECTS\City of Ithaca Lake Street Bridge\ACAD\TWMLA2013033 BASE.dwgPlot Date: 2/11/2015
L101DEMO PLAN
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
3
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5
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
3
4
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COPYRIGHT C 2015IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LANDSCAPE ARCHITECT TO ALTER ANY ITEM ON THIS DOCUMENT WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND A SPECIFIC DESCRIPTION OF ALTERATIONS.LAKE STREET PUBLIC PARK ENHANCEMENTS Ithaca, New York City of Ithaca 02/13/2015 13033 PJT / ARMJLF1001 W. Seneca St., Ste. 101 Ithaca, NY 14850 607-277-1400 Fax 607-277-6092
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GENERAL SHEET NOTES - LAYOUT 1.VERIFY DIMENSIONS AND ACCEPT CONDITIONS BEFORE PROCEEDING WITH WORK. REPORT DISCREPANCIES TO LANDSCAPE ARCHITECT FOR INSTRUCTION BEFORE PROCEEDING. DO NOT SCALE FROM DRAWINGS.2.WALKS, STONE DUST AREAS, RAILINGS, AND GATE TO BE LAID OUT IN THE FIELD BY A LICENSED SURVEYOR.3.SEE GRADING PLANS FOR SPOT ELEVATIONS AT SITE FEATURES INCLUDING CORNERS OF PAVEMENTS AND RAILING POST.4.THERE IS NO GUARANTEE THAT ALL EXISTING UNDERGROUND OR OVERHEAD UTILITIES,WHETHER FUNCTIONAL OR ABANDONED WITHIN THE PROJECT AREA ARE SHOWN ON THE PLANS. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL UTILITIES BEFORE STARTING WORK AND SHALL BE RESPONSIBLE FOR ALL DAMAGE RESULTING FROM THE WORK AS SHOWN ON THE DRAWINGS.5.CONTRACTOR TO PROVIDE TEMPORARY TRAFFIC SIGNS WHERE NECESSARY, CONSISTENT WITH ALL RELEVANT BUILDING CODES.6.INSTALL EXPANSION JOINTS EVERY 30' IN CONCRETE AS NOTED ON PLANS AND IN AREAS WHERE CONCRETE ABUTS CURBS AND OTHER FIXED OBJECTS.7.ANY DAMAGED OR DISTURBED PAVEMENTS, LANDSCAPE OR SITE FEATURES SHOWN TO REMAIN ARE TO BE REPAIRED / REPLACED IN KIND AT NO COST TO THE OWNER.CONTRACT LIMIT LINECONCRETE PAVEMENT #1 CRUSHED STONE PAVINGLEGENDSTONE DUST PAVING ADA DETECTABLE WARNING PLATESADA DETECTABLE WARNING PLATES
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
3
4
5
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
3
4
5
COPYRIGHT C 2015IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LANDSCAPE ARCHITECT TO ALTER ANY ITEM ON THIS DOCUMENT WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND A SPECIFIC DESCRIPTION OF ALTERATIONS.LAKE STREET PUBLIC PARK ENHANCEMENTS Ithaca, New York City of Ithaca 02/13/2015 13033 PJT / ARMJLF1001 W. Seneca St., Ste. 101 Ithaca, NY 14850 607-277-1400 Fax 607-277-6092
File: T:\PROJECTS\City of Ithaca Lake Street Bridge\ACAD\TWMLA2013033 BASE.dwgPlot Date: 2/11/2015
L201LAYOUT PLAN
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GENERAL SHEET NOTES - GRADING 1.GENERAL CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES HAVING UNDERGROUND UTILITIES ON SITE OR IN RIGHT-OF-WAY PRIOR TO EXCAVATION. CONTRACTOR SHALL CONTACT UTILITY LOCATING COMPANY AND LOCATE ALL UTILITIES PRIOR TO GRADING START.2.GRADING AROUND EXISTING TREES TO BE MINIMIZED.3.MINIMIZE IMPACT TO EXISTING, REMAINING LANDSCAPE WHILE EXCAVATING. GREAT CARE IS TO BE TAKEN TO AVOID DISTURBING ROOTS OF EXISTING TREES. HAND EXCAVATION AND/OR EXCAVATION WITH AN AIR SPADE WILL BE REQUIRED WHERE EXISTING TREE ROOTS ARE PRESENT.4.ALL EXISTING UTILITY COVERS AND GRATES WITHIN THE AREA OF DISTURBANCE ARE TO BE ADJUSTED TO MEET GRADES.5.THE CONTRACTOR SHALL FIELD VERIFY EXISTING TOPOGRAPHY PRIOR TO COMMENCEMENT OF EARTHWORK OPERATIONS. ANY DISCREPANCIES WHICH WILL AFFECT THE WORK REQUIRED AS PART OF THE CONTRACT DOCUMENTS SHALL BE IMMEDIATELY REPORTED TO THE LANDSCAPE ARCHITECT.6.DO NOT PROCEED WITH ANY GRADING ACTIVITIES UNTIL ALL EROSION CONTROL MEASURES ARE IN PLACE. REFER TO SHEET L101 FOR LOCATIONS.EXISTING CONTOUR MAJOR CONTOUR SPOT ELEVATION EXISTING SPOT ELEVATIONCONTOUR BC BOTTOM OF CURBTC TOP OF CURBEL 802.07LEGEND CONTRACT LIMIT LINE
File: T:\PROJECTS\City of Ithaca Lake Street Bridge\ACAD\TWMLA2013033 BASE.dwgPlot Date: 2/11/2015
L301GRADING PLAN
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
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5
ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
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COPYRIGHT C 2015IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LANDSCAPE ARCHITECT TO ALTER ANY ITEM ON THIS DOCUMENT WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND A SPECIFIC DESCRIPTION OF ALTERATIONS.LAKE STREET PUBLIC PARK ENHANCEMENTS Ithaca, New York City of Ithaca 02/13/2015 13033 PJT / ARMJLF1001 W. Seneca St., Ste. 101 Ithaca, NY 14850 607-277-1400 Fax 607-277-6092
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GENERAL SHEET NOTES - PLANTING 1.TOPSOIL MUST BE SCREENED AND AMENDED TO MEET PROJECT SPECIFICATIONS. SEE WRITTEN SPECIFICATIONS FOR REQUIREMENTS OF VARIOUS SOIL MIXES.2.ALL PLANTING BEDS TO BE PREPARED AS SPECIFIED: SHRUB BEDS TO BE PREPARED IN THEIR ENTIRETY WITH 24" OF PLANTING SOIL MIX. LAWN AREAS TO BE PREPARED WITH 4"OF TOPSOIL PER SPECIFICATIONS.3.AFTER BEDS ARE PREPARED, THE LANDSCAPE CONTRACTOR IS TO LOCATE SHRUBS AND TREE AS SHOWN ON PLANS. SHRUB AND TREE LOCATIONS ARE TO BE APPROVED BY LANDSCAPE ARCHITECT BEFORE THEY ARE PLANTED.4.ALL DISTURBED AREAS THAT ARE NOT SHOWN AS PAVED OR PLANTED BED ARE TO BE SEEDED AS LAWN. PREPARE LAWN AS PER SPECIFICATIONS AND DETAILS, UNLESS OTHERWISE INDICATED.5.ALL PLANTS TO COMPLY WITH APPLICABLE REQUIREMENTS OF ANSI 260.1 "AMERICAN STANDARD FOR NURSERY STOCK".6.MAINTAIN AND WARRANTY ALL LIVING PLANT MATERIAL AS PER SPECIFICATIONS.TREE SHRUBS / PERENNIALSLEGEND TURF SOIL SEED MIX LOW MOW SEED MIX CONTRACT LIMIT LINE SYMBOLQTYBOTANICAL NAMECOMMON NAMESIZEROOTCOMMENTS TREES CCNCercis Canadensis 'Northland Strain'Eastern Redbud6-8'B&B SHRUBS CSCCornus sericea 'Cardinal'Redosier Dogwood#5ContFull, MaleFull112
File: T:\PROJECTS\City of Ithaca Lake Street Bridge\ACAD\TWMLA2013033 BASE.dwgPlot Date: 2/11/2015
L401PLANTING PLAN
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COPYRIGHT C 2015IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LANDSCAPE ARCHITECT TO ALTER ANY ITEM ON THIS DOCUMENT WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND A SPECIFIC DESCRIPTION OF ALTERATIONS.LAKE STREET PUBLIC PARK ENHANCEMENTS Ithaca, New York City of Ithaca 02/13/2015 13033 PJT / ARMJLF1001 W. Seneca St., Ste. 101 Ithaca, NY 14850 607-277-1400 Fax 607-277-6092
CONCRETE WALK 6 X 6 X W2.9 X W 2.9 WELDED WIRE MESH,FLAT SHEETS SET ON CHAIRS COMPACTED SUBBASE COMPACTED SUBGRADENOTES:1.2" MINIMUM CONCRETE COVERAGE ON MESH AND TIES WIDTH AS SHOWN ON PLAN CROSS SLOPE AS SHOWN ON GRADING PLAN 5"8"Scale: 1"=1'-0"MEDIUM DUTY CONCRETE WALK DETAILA53"LIMESTONE DUST PAVING OR #1 ANGULAR CRUSHED STONE (1/8" TO 1/2" DIA.)COMPACTED SUBGRADE3"
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1/8" METAL EDGINGLAWN316" X 3" X 3" S.S.WELDED WIRE MESH114" ID STAINLESS STEEL PIPE VARIES, SEE SHEET L201 (6'-0" MAX.)NOTES:1.ALL RAILINGS, POSTS, AND WIRE MESH TO BE STAINLESS STEEL 2.FINISH SHALL BE BEAD BLAST 3.ALL DIMENSIONS ARE TO BE FIELD VERIFIED ONCE GRANITE COLUMNS HAVE BEEN INSTALLED.4.REFER TO DETAIL A2/L501 FOR INTERFACE WITH GRANITE COLUMNS.5.PROVIDE EXPANSION JOINTS AT APPROXIMATELY EVERY 18'6.PROVIDE SHOP DRAWINGS SHOWING ALL TYPICAL RAIL COMPONENTS AND LOCATIONS OF EXPANSION JOINTS AND FIELD WELDS PRIOR TO FABRICATION.7.METAL FABRICATOR TO INSTALL ALL GUARDRAILS.8.GUARDRAILS TO BE STEPPED WITH SLOPING GRADES. REFER TO GRADING PLAN L301 FOR GRADES 3'-6"114" ID STAINLESS STEEL PIPE 4" MAX.34"Ø PICKET 3'-6"4"5"5"6"SECTION Scale: 1/2"=1'-0"GUARDRAIL B412" Ø 3000 PSI CONCRETE FOOTING 4'-0"3'-6"12" Ø 3000 PSI CONCRETE FOOTING COMPACTED SUBBASE 1'-0"
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ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
3
4
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ABCD
DATE:PROJECT:CHECKED:DRAWN BY:
12
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COPYRIGHT C 2015IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LANDSCAPE ARCHITECT TO ALTER ANY ITEM ON THIS DOCUMENT WHO ALTERS THIS DOCUMENT IS REQUIRED BY LAW TO AFFIX HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND A SPECIFIC DESCRIPTION OF ALTERATIONS.LAKE STREET PUBLIC PARK ENHANCEMENTS Ithaca, New York City of Ithaca 02/13/2015 13033 PJT / ARMJLF1001 W. Seneca St., Ste. 101 Ithaca, NY 14850 607-277-1400 Fax 607-277-6092
File: T:\PROJECTS\City of Ithaca Lake Street Bridge\ACAD\TWMLA2013033 DETAILS.dwgPlot Date: 2/11/2015
L501SITE DETAILS
Trowbridge Wolf Michaels Landscape Architects LLP
1001 West Seneca Street, Suite 101 Ithaca, New York 14850 ph: 607.277.1400
www.twm.la
February 13, 2015
JoAnn Cornish, Director of Planning and Development
Department of Planning and Development
City of Ithaca
108 East Green Street
Ithaca, NY 14850‐5690
Re: Site Plan Application for 210 Hancock Street Redevelopment
Dear JoAnn:
This letter transmits to you review materials for the redevelopment of 210 Hancock Street
(formerly the Neighborhood Pride Grocery Store).
Background and Proposed Development
The proposed development sponsor is Ithaca Neighborhood Housing Services (INHS) who
purchased the vacant property in 2014. INHS sees this project as an important opportunity to
advance their mission to provide high quality, desirable, and affordable housing for the
community.
The proposed project will include a mix of multi‐family, townhouse, and commercial tenants.
Along the First Street side of the site is proposed a 4‐story, approximately 65,000 SF, mixed‐use
building. The ground floor contains approximately 10,000 SF of commercial space,
approximately 8,500 SF of covered parking, and support functions for the building including
trash and recycling space, mechanical/electrical spaces, and a leasing office. The second
through fourth floors above provide approximately 50 one and two bedroom rental
apartments. We anticipate developing an architectural character for the mixed‐use building
inspired by the tradition of historic multi–story manufacturing and industrial buildings in Ithaca.
2 of 10
The Lake Avenue side of the site is proposed to have approximately 13 owner‐occupied
townhouse units. Each building will be two stories, with architectural details ‐ including peaked
roof lines, front and back porches, stoops, and front and rear yards ‐ intended to harmonize
with the similarly scaled homes across Cascadilla Creek.
INHS is concerned with the long‐term sustainability of their projects and community. Building
energy efficient homes by using the most sustainable techniques is a high priority. A range of
specific techniques and products are under consideration at this time.
The interior of the site will provide approximately 70 parking spaces, approximately one third of
which are concealed below the multi‐use building. The remaining parking is organized around a
central internal street bisecting the site and will serve all users of the project.
Plantings will be employed throughout the site to provide shade, visual mitigation, and to
extend the green character of the neighborhood and creek corridor into the site. At this time,
no planting palette has been selected, but low‐maintenance, native, and site‐appropriate
species are under consideration.
Existing Site
The project site is at the confluence of two city neighborhoods – The Northside and Fall Creek.
The Northside is primarily characterized as single family and multi‐family residential. Larger
commercial, institutional, and municipal uses exist north and west of the site toward NYS Route
13 and on First Street. To the east, the Fall Creek neighborhood is primarily single and
multifamily residential.
The majority of the existing 2.01 acre project site is currently covered by an asphalt parking lot,
and two one‐story masonry commercial buildings. The larger of the two existing buildings is the
vacant Neighborhood Pride Grocery Store, and the smaller is the home of the non‐profit Youth
Advocate Programs, Inc. Existing tree lawns on three sides of the site support a mix of semi‐
mature to mature deciduous shade trees. The eastern property line abuts Lake Avenue,
adjacent to Cascadilla Creek. The City of Ithaca’s Conley Park occurs immediately to the north of
the project site.
3 of 10
The project area is proposed to extend into the public rights‐of‐way, including portions of Lake
Avenue and Adams Street, providing a total project area of 2.78 acres. Lake Avenue, Adams
Street, and the interface with Conley Park are all under consideration by this project, as we
seek to maximize the public benefit and seamlessly integrate the proposed development into
the surrounding neighborhood with optimized green and pedestrian spaces.
Community Engagement
At the beginning of the project INHS committed to an ambitious community engagement
process that would result in a vision and master plan for the redevelopment of the site.
INHS has held four community meetings to date which have been attended by more than 250
people, and over 70% of participants live in the adjacent Northside and Fall Creek
Neighborhoods. All of the information provided at the first three meetings can be found on the
project website: www.210Hancock.org. All of the meetings have been interactive. INHS and its
development team did not make formal presentations, but rather provided examples and
engaged the public in a dialogue about what they like, don’t like, and why. These conversations
were supplemented by handout questionnaires with written comments that were collected at
the end of each session. Participants also provided feedback by writing and drawing on the
presentation plans and pictures. The materials displayed at the first three meetings remain on
display in the former grocery store so if participants missed a meeting they can see what they
missed, and read the comments of their neighbors.
The first meeting asked participants to consider density, architectural typologies, parking, and
green space constraints, as well as sustainability and green infrastructure. The second meeting
provided the public with three potential site plan configurations, differentiated by the site
organization i.e.: a central courtyard, a series of alleys, or a central through street. This meeting
generated six guiding principles for facilitating a plan development:
1. Make Lake Avenue low traffic and provide pedestrian amenities along the creek.
2. Make green space/public space more accessible to the wider community.
3. Provide lower scale development along the creek.
4. Minimize surface parking.
4 of 10
5. Locate commercial space along Hancock Street.
6. Provide a mix of uses – commercial and residential.
This process resulted in two site plans that were presented at the third public meeting based on
these principles.
The current development approach, as documented in this site plan review application,
received the most support at the third public meeting, and was well received at the fourth
public meeting on February 11th.
Impacts to Traffic and Parking
The site is in a B2‐A Zone, at the corner of Hancock and First Streets. The site is largely covered
by an underutilized asphalt parking lot with many curb cuts. The site plan proposes to remove
two curb cuts on Hancock Street, one on First Street, one on Lake Avenue, and replaces a single
long expanse of drop curb on Adams Street with a new vertical curb and two curb cuts.
Lake Avenue and the portion of Adams Street east of Alice Miller Way are under consideration
to be reconstructed with an innovative design described as a “living street”. The low volume/
low speed roadways will take advantage of their locations adjacent to Cascadilla Creek and
Conley Park and provide a single one‐way shared bicycle and vehicular drive lane heading
north. This “bike‐boulevard” approach will serve to advance the City of Ithaca’s Bike Boulevard
initiative, and potentially serve as a prototype for similar conditions on nearby Willow Avenue.
Public use and on‐street parking will continue to be provided on Lake Avenue.
The mix of residential and commercial uses and density proposed on the site requires 86
parking spaces by zone. Based on the wide availability of neighborhood on‐street parking, the
excellent connection to the TCAT public transportation network, as well as our anticipation that
not every resident will own a car, the proposed project will seek a variance to allow a reduction
of on‐site parking to approximately 70 spaces. Publicly available on‐street parking adjacent to
the site totals approximately 24 spaces on First, Hancock, and Lake. The project proposes the
construction of a new covered bus stop at the corner of Hancock and First Streets.
5 of 10
Flood Zone
As shown on the attached Boundary and Topographic Map, the site is within the flood zones
identified by FEMA. Zone A3, which covers approximately 26% of the project site, is the area
identified as the Area of 100‐Year Flood. Zone B, the remaining 74% of the site, is the Area
Between Limits of 100‐year and 500‐Year Flood. Upon review of the FEMA Flood Insurance
Study the appropriate base flood water surface elevation for this site has been established at
391.5 feet (NGVD29), which varies between 0.5 and 4.5 feet above the existing grades across
the site. The floor elevations of the existing on‐site buildings proposed for demolition are lower
than this base flood. Once the existing on‐site buildings are removed, the proposed grading
design may allow for some expansion of the Zone A3 area along the northern boundary.
All new building finish floors will be raised above the base flood elevation. The townhouses will
be set 2 feet above the base flood elevation, and the commercial/mixed‐use building will be set
1 foot above the base flood elevation. The proposed buildings include stoops, steps, and ramps
to provide vertical circulation to the raised first floor in an architecturally sensitive manner
without negatively impacting the flood plain. None of the proposed site improvements will
encroach into the adjacent floodway of Cascadilla Creek.
We anticipate minimal, if any, impact to the base flood water surface elevation following
completion of the project. Roughly the northern half of the mixed‐use building footprint, which
is located in the A3 Zone, will remain at or near existing ground elevations to provide parking
below the upper floor residential uses. Raising the parking area by importing fill is not
anticipated, thereby maintaining the storage potential of the flood plain. Additionally, the
foundation and finish floor conditions of the townhouses will incorporate flood‐proofed crawl
spaces with engineered openings to further minimize flood water damages and loss of flood
plain.
Consistent with the requirements of Chapter 186 of the City Code, “Flood Damage Prevention,”
we are submitting a Flood Plain Development Permit Application to the City’s Flood Plain
Administrator. Review of this application is expected to run concurrently with the
environmental and site plan review process.
6 of 10
Proposed Creekwalk and Conley Park
Improvements to Lake Avenue, Adams Street, and Conley Park are under consideration on this
project. These improvements would be in the public right of way.
Conley Park was built in the late 1990’s partially on public right of way formerly occupied by a
block of Lake Avenue. At that time of its construction, P & C Grocery Store was an active
business with a loading dock and dumpster facing the park. In response to this adjacency
Conley Park was constructed with berms, shrub plantings, and dense tree plantings to screen
the back of the store.
With the grocery store’s proposed demolition and the proposed construction of new homes
across Adams Street from Conley Park, there is an opportunity to improve the park by opening
its edge back up to the neighborhood. The project could minimize Adams Street, expand green
space, provide a small public playground, and open lines of sight into Conley Park by upgrading
plantings and adjusting the existing berms. The proposed reconstruction of Lake Avenue seeks
to minimize its roadway width to make available new public green space and bike amenities
connecting into Conley Park and the surrounding neighborhoods. Collectively, these actions
could provide improved public access to Cascadilla Creek and Conley Park.
Proposed Stormwater Management
Existing Conditions
The project site at 210 Hancock Street, together with the adjacent parcel on 423 First Street, is
best described as a commercial use set in an ‘ultra‐urban’ residential neighborhood. The
resultant percentage of impervious surfaces in a high‐density residential setting can be large.
Specific to this project, the site condition within the limits of the adjacent street lines is over 92
percent impervious cover. The majority of the impervious area is attributable to the two
commercial building roof tops and the large contiguous parking lot. The areas of pervious cover
include small lawn panels at the northwest corner of the site and small landscaped beds at the
entry to the vacant grocery store at 210 Hancock Street.
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Based on the site topography, the parking lot drains in a westerly direction toward First Street.
The extent of on‐site storm sewers is limited to two catch basins in the southerly portion of the
main parking area. These catch basins are connected by relatively small diameter pipe (< 12‐
inch diameter) to the City’s storm sewer at the corner of Hancock and First Street. Runoff
collected in gutters and downspouts on the two building roofs is directed principally toward
Adams Street. The City’s storm sewer system in the immediate vicinity consists of curb inlets,
catch basins and 12‐inch diameter pipe along both Hancock Street and Adams Street. Other
than curbed gutters, there are no storm sewers on First Street or Lake Avenue. Runoff collected
in the Hancock Street system is ultimately discharged to an open channel at the intersection of
Third Street and N. Meadow Street (NYS Route 13). The short length of storm pipe in the Adams
Street system discharges into Cascadilla Creek just upstream of the footbridge. The invert of the
City system at Hancock Street is 385.7 feet or roughly 4 feet below the mean site elevation of
389.5 feet. At the east end of Adams Street the invert of the City pipe is approximately 381 feet.
Proposed Improvements
Redevelopment of the site will include razing the existing buildings and demolishing all other
exterior parking and walkway pavements within the property boundary. Select mature trees
around the site periphery will be protected and incorporated into the final landscaping. The
footprint of new impervious surfaces, inclusive of the multi‐family and townhouse
developments, will decrease by 0.5 acres, or approximately 27 percent.
With respect to Chapter 282 of the City of Ithaca Code that pertains to stormwater
management, the type and scale of the proposed project will require the preparation of a “full”
stormwater pollution prevention plan (Full SWPPP), however as stated in Chapter 282‐41, a
redevelopment project should follow Chapter 9 of the New York State Stormwater
Management Design Manual to address disturbance and reconstruction of existing impervious
surfaces (i.e. redevelopment activities).
Given the significant conversion of 0.5 acres of impervious surfaces to lawn and pervious
landscape features, the State requirements, as described in Chapter 9.2.1 ‘Sizing Criteria,’ to
provide permanent stormwater management practices for either quality or quantity control are
waived.
The City Code does require that four strategies for “Better Site Design” be incorporated into the
proposed plan for any Full SWPPP project. The preliminary list of Better Site Design Practices
that will be considered for this site includes: 1) Building Footprint Reduction; 2) Parking
Reduction; 3) Rooftop Runoff Reduction; and 4) Tree Planting. Other categories and specific
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practices will be reviewed with the City’s Stormwater Management Officer (SMO) and
described in the completed Full SWPPP
Temporary erosion and sediment control practices to be selected for the construction phase
will focus on minimizing tracking soil off‐site, controlling dust, and filtering any foundation
dewatering discharges. The completed Full SWPPP, prepared in accordance with the City’s
regulations, will be submitted to the SMO for review and approval prior to issuance of any
building permit.
Standard storm sewer improvements will consist of catch basins spaced in the parking lot as
needed to support the site grading. Roof drains can either be routed to the proposed catch
basins or be disconnected to drain over adjacent lawn panels. HDPE or PVC pipe will connect
the new catch basins to the existing City storm sewers on Hancock and Adams Street.
Proposed Subdivision
INHS is considering the future subdivision of the property into two parcels: one containing the
larger mixed‐use building and its parking, and the second containing the 13 townhouses and
their parking. The project has been designed to provide conformance with the yard setback and
lot coverage requirements of the B2a zone with or without subdivision. The purpose of the
subdivision is to allow the townhouses to operate as a separate and distinct project with
separate funding.
State Environmental Quality Review Act (SEQR) and City Environmental Review Ordinance
(CERO)
In terms of the SEQR/CERO process, it is anticipated that the Planning and Development Board
will be the lead agency. Submitted herewith is Part 1 of the City of Ithaca’s Full Environmental
Assessment Form (FEAF) along with supporting documentation. We believe that the action
should be classified as a Type 1 Action pursuant to Section 176‐4(B)(1) and 6 NYCRR 617.4(b)11.
Nonetheless, the project represents a significant improvement over existing conditions of this
previously developed vacant supermarket site. We believe that a careful review of the FEAF and
9 of 10
supporting documentation would support a determination that the action will not have any
significant adverse environmental impacts and that a negative declaration is appropriate.
If you have any questions or require further information, please do not hesitate to call. We are
looking forward to presenting the project for sketch plan review and answering questions at
your February 24, 2015 meeting.
Sincerely,
Peter Trowbridge, RLA, FASLA
Principal
Attachments:
Site Plan Review Application Form
Site Plan Review Support Graphics Package:
1. Project Context Diagram
2. Site Survey
3. Site Flood Zone Limits
4. Proposed Property Line and Setback Diagram
5. Proposed Mass Grading Plan
6. Proposed Schematic Utility Plan
7. Proposed Rendered Site Plan
8. Proposed Rendered Site Sections
9. Proposed Rendered Birds Eye View
10. Proposed Rendered Perspective
11. Proposed Rendered Perspective
12. Project review letter from Tompkins County Department of Planning, Feb 6, 2015
City of Ithaca Full Environmental Assessment Form (FEAF) Form with Reports, as follows:
1. Environmental Assessment, NYSDEC EAF Mapper Summary Report, Oct 27, 2014
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2. Geotech Report, Subsurface Investigation Report for Proposed Housing Development, 210 Hancock
Street, Jan 24, 2015
3. Traffic Report, Hancock Site Re‐Development Trip Generation Letter, Nov 20, 2014
4. Historic Resource Inventory Form, submitted to NYS Office of Parks, Recreation, and Historic
Preservation
5. Phase 1 Cultural Resource Assessment, submitted to NYS Office of Parks, Recreation, and Historic
Preservation
6. SHPO Clearance Letter ‐ Determination of No Effect, NYS Office of Parks, Recreation, and Historic
Preservation, Jan 14, 2015
7. Phase 1 Environmental Site Assessment, Feb 10, 2015
8. Community Engagement Plan for 201 Hancock Street, INHS Authored, Feb 9, 2015
City of Ithaca
SITE PLAN REVIEW (SPR) APPLICATION
REQUIRED
Building Permit Number: ___________
APPLICANT: Name: Title/Role:
Address 1:
Address 2: City, State, & Zip Code:
Telephone: Cell Phone: E‐Mail:
CONSULTANT: Name: Title/Role:
Address 1:
Address 2: City, State, & Zip Code:
Telephone: Cell Phone: E‐Mail:
PROJECT OWNER: Name: Title/Role:
(if other than applicant)
Address 1:
Address 2: City, State, & Zip Code:
Telephone: Cell Phone: E‐Mail:
― PROJECT DESCRIPTION ―
Project Title:
Project Address:
Type (check one): Residential Commercial Industrial Institutional
Scope of Work (check all that apply & indicate approximate operation/construction cost):
Vegetation Removal $ Façade Change $ Demolition $
New Paving $ Earthwork $ New Planting $
New Structure $ Structure Expansion $ Accessory Structure $
Total Construction Cost: $ Anticipated Construction Period: to
(best estimate)
― OTHER INFORMATION ―
1. If the development site is leased property, list the property owner's name and address below:
Length of Lease:
Note: Owner must include with this application a written statement
authorizing the applicant to serve as the agent of Site Plan Review (SPR).
CONTACT:
Lisa Nicholas, Senior Planner
DIVISION OF PLANNING & ECONOMIC DEVELOPMENT
108 E. Green Street, 3rd Floor
Ithaca, New York 14850‐5690
(607) 274‐6550 ― Fax: (607) 274‐6558
lnichola@cityofithaca.org
1 of 2
2 of 2
2.Please record the application date and approval status of any required federal, state, and/or local permits or approvals
for this project:
Type Approval Agency Application Date Approval Status
Demolition Building Div.
Building Building Div.
Board of Zoning Appeals
Board of Public Works
3.Describe any existing restrictions relevant to developments on this property:
4.Please append/attach any additional information you feel is important for gaining a full understanding of your proposed
development.
― APPLICATION FEE ―
The application fee is based on the total construction, site work, and landscaping costs, charged in accordance with the
following schedule. The fee is payable by check to the “City of Ithaca,” upon submission of this application.
Type of Approval Project Cost Application Fee
less than $10,000 $75
$10,000 to $49,999 $150
$50,000 to $100,000 $300 Site Plan Review
over $100,000 $1.50 per $1,000
less than $50,000 $150 * Modified Site Plan
Review $50,000 or more $250
*Fee Schedule for Modified Site Plan Review only applies to modifications to approved site plans that do not trigger reconsideration
of the Determination of Environmental Significance. Modifications that require additional environmental review shall follow the fee
schedule for full Site Plan Review. This determination will be made at the time of application.
― APPLICATION CHECKLIST ―
Item No. of Copies
Application Form (completely filled out) 26
Short Environmental Assessment Form (SEAF) 26
Full Environmental Assessment Form (FEAF) ― Part 1 [if required] 26
Full‐Size Drawings 3
Reduced Drawings (11”x17”) [see “Site Plan Review Requirements,” “Submittal Process”] 26
Site Plan Review Application Fee
Applicant's Signature: Date:
By signing this application form, the applicant acknowledges that City of Ithaca Planning & Economic Development Division staff may visit the site in
order to fully understand the proposed development.
Hancock Street Redevelopment
Site Plan Review Application Form
Attachments #1-#11
Site Plan Review Support Graphics Package
1.Project Context Diagram
2.Site Survey
3.Site Flood Zone Limits
4.Proposed Property Line and Setback Diagram
5.Proposed Mass Grading Plan
6.
Proposed Rendered Site Plan7.
Proposed Rendered Site Sections8.
Proposed Rendered Birds Eye View
Proposed Schematic Utility Plan
Proposed Rendered Persepctives 1
Proposed Rendered Perspectives 2
9.
10.
11.
210 HANCOCK STREET
JANUARY 21, 2015
SITE CONTEXT
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COPYRIGHT C 2015
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS ACTING UNDER THE
DIRECTION OF A LICENSED
LANDSCAPE ARCHITECT TO ALTER
ANY ITEM ON THIS DOCUMENT WHO
ALTERS THIS DOCUMENT IS
REQUIRED BY LAW TO AFFIX HIS OR
HER SEAL AND THE NOTATION
"ALTERED BY" FOLLOWED BY HIS OR
HER SIGNATURE AND A SPECIFIC
DESCRIPTION OF ALTERATIONS.
NOTICE:
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1001 W. Seneca St., Ste. 101 Ithaca, NY 14850
607-277-1400 Fax 607-277-6092
02/10/2015
2014030
PJT
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NOT FOR
CONSTRUCTION
1.ALL EXISTING STRUCTURES, UNLESS OTHERWISE NOTED TO REMAIN, FENCING, TREES, ETC.,
WITHIN CONSTRUCTION AREA SHALL BE REMOVED & DISPOSED OF OFF SITE.
2.GENERAL CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES HAVING UNDERGROUND
UTILITIES ON SITE OR IN RIGHT-OF-WAY PRIOR TO EXCAVATION. CONTRACTOR SHALL CONTACT
UTILITY LOCATING COMPANY AND LOCATE ALL UTILITIES PRIOR TO GRADING START.
3.SITE GRADING SHALL NOT PROCEED UNTIL EROSION CONTROL MEASURES HAVE BEEN
INSTALLED.
4.GRADING AROUND EXISTING TREES TO BE MINIMIZED.
5.MINIMIZE IMPACT TO EXISTING, REMAINING LANDSCAPE WHILE EXCAVATING. GREAT CARE IS TO
BE TAKEN TO AVOID DISTURBING ROOTS OF EXISTING TREES. HAND EXCAVATION WILL BE
REQUIRED WHERE EXISTING TREE ROOTS ARE PRESENT.
6.ALL EXISTING UTILITY COVERS AND GRATES WITHIN THE AREA OF DISTURBANCE ARE TO BE
ADJUSTED TO MEET PROPOSED GRADES.
GENERAL SHEET NOTES - GRADING
L 201
GRADING STUDY
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210 HANCOCK STREET
City of Ithaca, Tompkins County, New York
ITHACA NEIGHBORHOOD HOUSING SERVICES
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SC
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210 Hancock Street Redevelopment
SITE PLAN
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5 HANCOCK STREET
ADAMS STREET
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LEGEND
1. COMMERCIAL GROUND FLOOR WITH RESIDENTIAL ABOVE
2. COVERED PARKING WITH RESIDENTIAL ABOVE
3. TOWNHOMES
4. BIKE PARKING
5. BUS STOP
6. INTERIOR STREET
7. ONE WAY LIVING STREET WITH BIKE LANE
8. PLAYGROUND
KEY
MIXED USE BUILDINGS
MULTI FAMILY BUILDINGS
TOWNHOMES
SCALE
0 30’60’
210 Hancock Street Redevelopment
SECTION A - THROUGH UNDER BUILDING PARKING
SECTION B - THROUGH COMMERCIAL SPACE THREE
SECTION C - THROUGH COMMERCIAL SPACE ONE AND TWO
KEY PLAN
A
B
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B
C
SITE SECTIONS
210 Hancock Street Redevelopment
Inspiration: Fall Creek Gimme Coffee Building Hickey’s (ICCC Building)
Tremen King Building Ithaca Sign Works Building
AERIAL VIEW AND PRECEDENT
210 Hancock Street Redevelopment
View 1 - From Corner of Hancock Street and Lake Avenue
View 2 - From Hancock Street looking down Interior “Street”
PERSPECTIVE VIEWS
210 Hancock Street Redevelopment
View 3 - From Corner of Hancock Street and First Street
View 4 - From First Street, mid block looking South
PERSPECTIVE VIEWS
Hancock Street Redevelopment
Site Plan Review Application Form
Attachment #12
Project review letter from Tompkins County
Department of Planning, Feb 6, 2015
CITY OF ITHACA CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: This Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
Purpose: This Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists
in a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as
to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the portions of FEAF completed for this action: __Part 1 __Part 2 __Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
__A. The Proposed Action will not result in any large and important impact(s) and will not have a significant impact on the
environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
__B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action, because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
__C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
* A Conditioned Negative Declaration is only valid for Unlisted Actions.
Name of Action:
Name of Lead Agency:
Name and Title of Responsible Officer in Lead Agency:
Signature of Responsible Officer in Lead Agency:
Signature of Preparer:
Date:
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
(prepared by project sponsor/applicant)
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered part of the application for approval and may be subject to further verification and
public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is
expected that completion of the FEAF will depend on information currently available and will not involve
new studies, research, or investigation. If information requiring such additional work is unavailable, so
indicate and specify each instance.
Name of Action:
Location of Action:
Name of Applicant/Sponsor:
Address:
City/Town/Village: State:ZIP:
Business Phone:
Name of Owner (if different):
Address:
City/Town/Village:State:ZIP:
Business Phone:
Description of Action:
2
Please complete each question (indicate N/A, if not applicable).
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: ____ acres ____ square feet (Chosen units apply to following section also.)
Approximate Area (Units in Question 2 apply to this section.) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Article 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth, or fill)
2i. Roads, buildings, and other paved surfaces
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.):
3b. Soil Drainage: Well-Drained ______% of Site
Moderately Well-Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No N/A
4b. What is depth of bedrock? (feet)
4c. What is depth to the water table? (feet)
5. Approximate percentage of proposed project site
with slopes:
0-10% % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
Yes No N/A
6b. …Or a designated local landmark or located in a
local landmark district? Yes No N/A
7. Do hunting and/or fishing opportunities currently
exist in the project area? Yes No N/A If yes, identify each species:
_________________________
3
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant
and/or animal life identified as threatened or
endangered?
Yes No N/A
According to: _____________________________
Identify each species: _______________________
9. Are there any unique or unusual landforms on the
project site (i.e., cliffs, other geological
formations)?
Yes No N/A
Describe: ___________________________________
10. Is project site currently used by the community or
neighborhood as an open space or recreation
area?
Yes No N/A
If yes, explain:_______________________________
11. Does present site offer or include scenic views
known to be important to the community? Yes No N/A
Describe: _________________________________
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes No N/A
Describe: _________________________________
13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s) to which
it is a tributary: ___________________________
_________________________________________
14. Lakes, ponds, or wetland areas within or
contiguous to project area:
a. Name(s): _________________________________
b. Size(s) (in acres): ___________
15. Has site been used for land disposal of solid
and/or hazardous wastes? Yes No N/A
Describe: __________________________________
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
Yes No N/A
Yes No N/A
Yes No N/A
4
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate): ______________
1a. Total contiguous area owned by project sponsor in acres: _______ or square feet: _______
1b. Project acreage developed: Acres initially: Acres ultimately:________
1c. Project acreage to remain undeveloped: ____________________
1d. Length of project in miles (if appropriate): ___________ or feet: ____________
1e. If project is an expansion, indicate percent of change proposed: _________%
1f. Number of off-street parking spaces existing: proposed:_____________
1g. Maximum vehicular trips generated (upon completion of project) per day: _______ and per hour: ______
1h. Height of tallest proposed structure in feet. _______
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? ________
2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site:
_______________________________ or added to the site: ________________________________
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres:___________ type of vegetation:_____________________________________________________
4. Will any mature trees or other locally important vegetation be removed for this project? ______
5. Are there any plans for re-vegetation to replace vegetation removed during construction? _______
6. If single-phase project, anticipated period of construction: months (including demolition)
7. If multi-phased project, anticipated period of construction: __________ months (including demolition)
7a. Total number of phases anticipated: ______________
7b. Anticipated date of commencement for first phase: month year (including demolition)
7c. Approximate completion date of final phase: month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A If yes, explain: __________________
______________________________________________________________________________________
9. Number of jobs generated during construction: __________ After project is completed: __________
10. Number of jobs eliminated by this project: Explain: _____________________________
______________________________________________________________________________________
11. Will project require relocation of any projects or facilities? Yes No N/A If yes, explain: ______
________________________________________________________________________________________
12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain: _______
________________________________________________________________________________________
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): ______________
12c. If surface disposal, where specifically will effluent be discharged? _____________________
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes No N/A If yes, explain: __________________________
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year flood
plain? Yes No N/A
5
PROJECT DESCRIPTION (concluded)
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 of the ECL? Yes No N/A;
14d. If #14a., b., or c. is yes, explain: _______________________
15a. Does project involve disposal of solid waste? Yes No N/A
15b. If #15a. is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b. is yes, give name of disposal facility: and its location: __________
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No N/A If yes, explain: ___________________________________
15e. Will any solid waste be disposed of on site? Yes No N/A If yes, explain: _____________
_______________________________________________________________________________________
16. Will project use herbicides or pesticides? Yes No N/A If yes, specify: ________________
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? Yes No N/A; if yes, explain:
18. Will project produce odors? Yes No N/A If yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No N/A After construction? Yes No N/A
20. Will project result in an increase of energy use? Yes No N/A If yes, indicate type(s): ______
____________________________________________________________________________________
21. Total anticipated water usage per day in gals./day: Source of water:
6
C. ZONING AND PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? Yes No N/A If yes, indicate
the decision required: _________________________
Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other: ______
2. What is the current zoning classification of site? ________________________
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning: _________________________
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
______________________________________________________
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
Yes No N/A If no, explain: _____________________________________________
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
(e.g., R-1a or R-1b) _____________________________________________________________
9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain: ________
________________________________________________________________________________________
10a. If the proposed action is the subdivision of land, how many lots are proposed?
10b. What is the minimum lot size proposed?
11. Will the proposed action create a demand for any community-provided services? (e.g., recreation,
education, police, fire protection, etc.)? Yes No N/A Explain: _____________________
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: _____________________________
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No N/A
If yes, is existing road network adequate to handle additional traffic?
Yes No N/A Explain: __________________________________________
7
D. APPROVALS
1.Approvals: ______________________________________
2a. Is any Federal permit required? Yes No N/A Specify: _________________
2b. Does project involve State or Federal funding or financing? Yes No N/A If Yes, Specify:
______________________________________
2c. Local and Regional approvals:
Agency Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council
Board of Zoning Appeals (BZA)
Planning & Development Board
Ithaca Landmarks Preservation
Commission (ILPC)
Board of Public Works (BPW)
Fire Department
Police Department
Building Commissioner
Ithaca Urban Renewal Agency
(IURA)
8
9
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
F. VERIFICATION
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name:
Signature:
Title:
***************** END OF PART 1 *****************
Hancock Street Redevelopment
Site Plan Review Application Form
Full Environmental Assessment Form (FEAF)
Attachment #1
Environmental Assessment, NYSDEC EAF
Mapper Summary Report, Oct 27, 2014
To: Svante Myrick, Mayor
Bill Gray, Superintendent of Public Works
Common Council
Conservation Advisory Council
Julie Holcomb, City Clerk
Planning & Development Board
Ari Lavine, City Attorney
Phyllis Radke, Building Commissioner
JoAnn Cornish, Director of Planning and Development
Ed Marx, Tompkins County Commissioner of Planning
From: Tom West, Assistant City Engineer
Date: November 26, 2012
Re: Divestiture of City-owned lands – Concept Memo – Elmira Road, Seneca
Street, State / Martin Luther King Street
The Superintendent of Public Works and the Board of Public Works have recommended
the sale of portions of right of way along Elmira Road, abandoned right of way along
State / Martin Luther King Street and a parcel of land on the 700 block of East Seneca
Street.
Descriptions follow:
Elmira Road
The right of way for Elmira Road was acquired long before the area was annexed by the
City. Acquisition followed existing property lines and resulted in an irregular right of way
line. (Most rights of way are characterized by parallel longitudinal lines with the street
centered between them.) The City has licensed use of the excess portion of that right of
way to various property owners abutting Elmira Road. Recently adjustments were
made to the fee structure to bring fees more in line with actual property values so it is no
longer a bargain for the abutting owners. However, most of the owners have permanent
improvements on the right of way and are unwilling or unable to abandon the use to
avoid the new fee. Sale of these portions of right of way can be accomplished by quit
claim deed with easements to protect any limited Public Works needs
700 block East Seneca Street, Tax parcel 68.-2-9.2
This 0.17 acre parcel was acquired by the City in
1982. The parcel is zoned R-3A. The assessed
value of the land is $50,000.
The parcel has remnants of a sidewalk and play
structure once part of the school. The sidewalk
runs from the North West corner of the property to
the center of the property where it ends in an
abrupt drop. The antiquated playground
equipment has not apparently been maintained in
decades. The East side of the property has some
mature trees. The West side of the property is
used for parking by the neighboring property
without permission.
The parcel is abutted by multi-unit residential
structures on similarly sized parcels. 705 East
Seneca Street has an assessed value of $400,000
which generates approximately $5000 in property
taxes. Sale of the property can be affected by
auction or sealed bids.
The Board of Public Works has determined that
there is no public works use for the property.
ADDRESS Business Sq Ft Approximate Value
1 $10.00
344 Elmira Rd Garcia's Restaurant 3996 $39,960.00
340 Elmira Rd Burger King 4260 $42,600.00
338 Elmira Rd Monroe Muffler 2760 $27,600.00
Jiffy Lube 696 $6,960.00
334 Elmira Rd Vacant 1278 $12,780.00
328 Elmira Rd Arby's 2072 $20,720.00
326 Elmira Rd Wendy's 2500 $25,000.00
324 Elmira Rd Moe's Southwest 4370 $43,700.00
136 Fairgrounds Walmart 9475 $94,750.00
323 Elmira Rd Friendly 2678 $26,780.00
Total potential value $340,850.00
East State / Martin Luther King Street - 1105 Giles Street
The City owns or has joint rights to approximately 1.5 acres of property located in the 1200
block of East State Street. The parcel is comprised of the abandoned right of way for Giles
Street, an unopened, platted street (Cook Land Tract, Division Street) and several abandoned
properties acquired by the City via tax sale or foreclosure.
The front portion of these parcels is lawn and driveway maintained by the property owner at
1215 East State Street. The rear portion of the land is brush and woods with a deep ravine.
The southernmost portion of the property, which abuts the south City line, has grassy areas
which indicate the presence of a water main owned by Bolton Point. There is a large diameter
storm pipe running across the properties to the ravine.
Although the majority of the property would be difficult to develop for residential purposes,
portions of the property might be attractive to abutting owners.
The Board of Public Works has determined that the portion of these properties which has been
designated as Natural Area and should continue to be designated as such. The Board has
recommended sale of the remainder of these properties, comprised of the rights of way of old
Giles Street and Division Street, with delineation of an easement to the City to accommodate
maintenance of the existing storm sewer and water main facilities.
Resolution to Initiate Divestiture of Various Portions of Elmira Road Right
of Way
Whereas, the right of way along Elmira Road in the City of Ithaca has a very
irregular alignment, and
Whereas, the portions of right of way outside of the area required for public
street, tree lawn and sidewalk are currently licensed for use by abutting property
owners, and
Whereas, the Board of Public Works has determined that there is little or no
Public Works need for these portions of right of way, and
Whereas, it is in the interest of both the City and the abutting property owners
that those portions of land be conveyed to the abutting owners at a fair market
value, now be it
Resolved, that the Common Council directs staff to investigate a mechanism for
transferring said portions of right of way to abutting owners at fair market value,
and be it further
Resolved, that Common Council authorizes expenditure not to exceed $52,000
for legal services, surveys and appraisals in order to conduct such an
investigation and conveyance.
City of Ithaca
Planning & Economic Development Committee
Wednesday, January 14, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ellen McCollister, and Cynthia Brock
Committee Members Absent: Josephine Martell
Other Elected Officials Attending: Mayor Svante Myrick, Alderperson George
McGonigal, and Alderperson Stephen Smith
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; and Nels Bohn, Director, Ithaca
Urban Renewal Agency (IURA); Phyllisa
Radke, Director, Zoning Administration, and
Debbie Grunder, Executive Assistant,
Department of Planning, Building, Zoning, and
Economic Development
Others Attending: Kathrin Gehring, Executive Assistant for
Superintendent of Public Works Michael Thorne;
Frank Nagy, Director of Parking Administration;
Michael Thorne, Superintendent of Public Works;
and Chris Lewis, Downtown Ithaca Alliance
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
Alderperson Brock requested due to the number of the public in the audience
was here for the CIITAP, could it be moved up on the agenda. This could not
happen since staff wasn’t present at the beginning of the meeting.
2) Special Order of Business
a) Public Hearing – RU Zoning Changes (Cornell Heights)
Alderperson McCollister moved to open the public hearing; Alderperson Brock
seconded it. Unanimously approved. The public hearing was opened.
Walter Hang, 218 Wait Avenue, spoke regarding the RU Zoning changes. As
stated before, he does not feel this should take place before the comprehensive
plan is finished.
Catherine Spedder, 121 Kelvin Place, spoke on the RU Zoning Changes. She
thanked the committee for the work that has taken place
Bill Demo, 121 Heights Court, spoke on behalf of his wife and other neighbors
who live in the area of the proposed RU changes. He also thanked Josephine
Martell for the work she has done and continues to do.
John Schroeder, 618 Stewart Avenue and also a member of the Planning Board.
He stated that the RU Zoning changes were discussed at the November
Planning Board regarding these proposed RU changes. He strongly supports
these changes. He pointed out in the ordinance
Chair Murtagh read into the record Josephine Martell’s comments regarding the
RU Zoning changes. These comments are also attached to these minutes.
Alderperson McCollister moved to close the public hearing; Alderperson Brock
seconded it. Carried unanimously. The hearing was closed.
3) Public Comment and Response from Committee Members
Simon Wheeler, 218 E. Falls Street, spoke on the amendments to the Noise
Ordinance namely the permit process. He would like to see this process revised.
Louis Cassanti, 4297 East Covert Road, Interlaken. He spoke on the Commons
legislation. He strongly supports the use of labor unions for the reconstruction.
He also spoke on the dogs on the Commons. He is a proud animal lover. He is
not for or against the allowance of dogs, he only suggests it be looked thoroughly
before changing this. He also commented on the construction of the Commons.
As a food vendor on the Commons, he hopes the Commons will be complete and
ready for the Ithaca Festival this summer
Kirby Edmonds, 308 Hector Street, spoke on the Coalition for Sustainable
Economic Development. His comments are also attached to these minutes.
Pete Myers, 142 Giles Street, spoke regarding the CIITAP program. This
program needs to benefit the whole community and should be controlled by the
County legislature.
Faye Gougakis, Commons, spoke regarding the noise ordinance amendments.
No one is helping those that live on the Commons regarding the noise and the
dogs. She passionately requested that for many years she’s been pleading
changes to no avail. The ordinance is not ready to pass.
Alderperson McCollister stated that Common Council has been thoroughly
looking at the RU Zoning.
Alderperson Brock thanked both Simone Wheeler and Faye Gougakis to share
their concerns and frustrations to reside where they are forever bombarded with
noise issues.
Chair Murtagh seconded the comments of Alderperson Brock.
Alderperson McGonigal stated that the West End is the best part of the City for
rock and roll.
.
4) Announcements, Updates, and Reports
a) Brindley Street Bridge Replacement
Chair Murtagh stated there are two options for replacing the bridge. There is
a significant amount of money between the two options. At this time, soil
samples are now being collected and will be looked at once available.
Superintendent of Public Works Michael Thorne also concurred with Chair
Murtagh’s statement.
5) Action items – Approval to Circulate
a) Commons Legislation
Chris Lewis, IDA (Ithaca Downtown Alliance) member, Kathy Gehring, Executive
Assistant to Superintendent Thorne, who will take over Commons permitting,
Superintendent Thorne, and Frank Nagy were all present to offer information on
the Commons legislature.
Outdoor dining is one area that will be looked at further since it’s a complex topic.
A public hearing will be held at next month’s meeting.
Chair Murtagh asked for committee members’ thoughts and concerns as to the
Commons legislature.
Alderperson McCollister stated that her concern is allowing dogs on the
Commons. Dogs cannot go into stores, and they cannot be left outside.
Chris Lewis stated that the biggest concern is the tourists that come with their
dogs and are not allowed to carry a small dog in their arms.
Alderperson Brock has concerns of the outdoor vending. She would like to see
certain setbacks for mobile vending so it doesn’t interfere with other dining.
Lewis stated that IDA is very respectful of the bricks and mortar dining which
often have a much higher money investment than mobile vending.
Alderperson Brock asked what their concern is regarding mobile vending.
Lewis stated that with the amount of the Commons rebuild we have to be careful
as to how the walk is left after the mobile vending is gone.
Chair Murtagh stated this will be circulated for comment and will come back to
this committee next month.
Moved by McCollister; seconded by Brock; Carried 4-0.
ORDINANCE NO. 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the City
of Ithaca Municipal Code entitled “Commons” be amended as follows:
Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and replaced with the
following:
Article I. General Provisions; Commons Advisory Board
§ 157-1. Title.
This chapter shall be known and may be cited as the "Ithaca Commons Rules."
§ 157-2. Purpose.
The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as to promote the
general welfare and public use of said area.
§ 157-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMMONS ADVISORY BOARD
That board, duly appointed by the Mayor, with approval of the Common Council, charged with various activities
and/or powers relating to the Ithaca Commons by the Common Council.
ITHACA COMMONS
A. The following described two areas:
(1) PRIMARY COMMONS — That area of public property between the south building lines on the north side and
the north building lines on the south side of the former bed and associated sidewalks of East State/East Martin
Luther King, Jr. Street between the east line of Cayuga Street and the west line of Aurora Street and that area of
public property between the west building lines on the east side and the east building lines on the west side of the
former bed and associated sidewalks of North Tioga Street between the north line of East State Street/East Martin
Luther King, Jr. and the south line of Seneca Street.
(2) SECONDARY COMMONS — That area of public property between the south building lines on the north side
and the north building lines on the south side of the 100 and 200 blocks of East Green Street, the 300 block of East
State/East Martin Luther King, Jr. Street, the 100 block of West State/West Martin Luther King, Jr. Street and
the 100 and 200 blocks of East Seneca Street and the public property between the east building lines on the west side
and the west building lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of South
Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and the 100 block of North
Cayuga Street.
B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary Commons and the
Secondary Commons as described above.
[ITHACA DOWNTOWN PARTNERSHIP] ITHACA DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT
A not-for-profit business improvement league which engages in the following program areas for downtown Ithaca:
business retention and development; promotions and marketing; government relations; image marketing. The
Ithaca Downtown Business Improvement District is also known as the Downtown Ithaca Alliance (DIA).
NEWSRACKS
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for
the display, distribution or sale of newspapers, magazines, news periodicals, or other news publications.
SHOPPING CARTS
Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels,
manually operated that is generally provided by merchants/stores for the conveyance of merchandise,
foodstuffs and other property to automobiles and other places.
STANDARD AWNING
A nonstructural addition to the facade of any building, which is covered in fabric or other flexible membrane. The
fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard awning
must be capable of being rolled up or retracted to within one foot of the face of the structure to which it is attached.
Such standard awning must not be capable of projecting from the face of the structure upon which it is mounted
more than four feet from the face of the structure and must be no taller than four feet. The standard awning must be
mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard
awning of seven feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the
rigid frame.
STANDARD CANOPY
A nonstructural addition to the facade of any building, which is covered in fabric or other flexible membrane. The
fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard canopy is
one that is constructed so that it cannot be retracted. Such standard canopy may only project from the face of the
structure upon which it is mounted four feet from the face of the structure and may be no taller than four feet. The
standard canopy must be mounted on the face of the structure to provide for an unobstructed clearance below the
rigid frame of the standard canopy of eight feet above the sidewalk below. A nonrigid valance may hang no greater
than one foot below the rigid frame.
§ 157-4. Creation of Board; responsibilities.
A. There shall be a Commons Advisory Board as follows:
(1) Membership. The membership of the Commons Advisory Board shall consist of 14 members: one representative
from the Common Council, one representative from the Board of Public Works, four representatives from the Ithaca
Downtown Business Improvement District and five representatives from outside the Ithaca Downtown Business
Improvement District (at large). nine total members. Six members will be appointed by the Mayor with the
approval of Common Council and membership shall be balanced between members inside and outside of the
Downtown Ithaca Business Improvement District. The Executive Director of the [Ithaca Downtown Partnership]
Downtown Ithaca Alliance, the City Clerk, and the Superintendent of Public Works or their designees shall serve
as voting members. Board members will be appointed by the Mayor with Common Council approval for serve
staggered two-year terms.
(2) Officers. The Commons Advisory Board will have two officers a Chair and Vice Chair, to be elected at the first
regular meeting of each calendar year at which there is a quorum present. Nominations for these offices will be
made from the floor with election by a majority of those members present at the meeting.
(3) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as may be assigned by
the Board. The Vice Chair shall assist the Chair and preside at meetings in the Chair's absence. If both the Chair and
Vice Chair are absent, an acting Chair will be selected by the Board.
(4) Quorum. A quorum will consist of eight five members.
(5) Action. Action may be taken by vote with a quorum of eight five members present at a regular or special
meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a majority of members
present.
(6) Meetings. Regular public meetings will be held with the place and time to be determined by the Board. Special
meetings may be called at any time by the Chair or a majority of Board members. Members will be notified of
scheduled meetings by e-mail at least three days in advance.
(7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed periodically and a report
thereof, including recommendations for modification, submitted to the Mayor and Council.
B. The Commons Advisory Board shall have the following responsibilities:
(1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate and revoke
activities relating to the matters listed below:
(a) Use of the Commons; issuance of permits.
[1] Use of the Commons for, and scheduling of, any of the following purposes:
[a] Entertainment.
[b] Cultural, social, civic, religious, and educational events.
[c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts.
[2] In circumstances when there is not adequate time to convene the Advisory Board to review a permit request, the
Chair may, with the concurrence of five additional Board members through e-mail correspondence, authorize the
issuance of a permit. The Board may authorize the Chair alone, or the City Clerk, to approve certain types of permits
as specified.
(b) Type, size and placement of private advertising and identification signs on the Commons in accordance with
Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private
advertising and/or identification sign is in connection with a marquee, canopy or sunscreen when the permission for
the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca
Landmarks Preservation Commission pursuant to
Chapter 170, Encroachments.
(c) Design and placement of public identification, informational and directional signs and graphics on the Commons.
(d) Design and placement of, and materials used in, street furniture, such as benches, outside dining facilities, trash
containers, flags, kiosks, [phone booths], playground equipment, commemorative plaques, and similar items used on
public property on the Commons.
(e) Design, placement and use of decorations on the Commons.
(f) Installation or use of public or private sound amplification and transmission systems or equipment on the
Commons.
(g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and to make such other
recommendations to the Mayor and Council and other public boards, officials, groups, or individuals as may be
appropriate relative to the operation and administration of the Commons.
(2) Indirect. The Commons Advisory Board will review and advise on those matters listed below:
(a) Type, placement and amount of landscaping on the Commons.
(b) Public lighting on the Commons.
(c) Public and private construction, renovation and rehabilitation of building facades and open spaces (parking areas,
entries, etc.) except for the installation of a standard awning or a standard canopy and demolition on the Commons.
Review shall be in terms of aesthetic character, visual effect and operational impact, provided that such review and
advice shall not be required when the construction, renovation and rehabilitation applies to a marquee, canopy or
sunscreen where the approval for such marquee, canopy or sunscreen has been granted by the Planning and
Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments.
(d) Public maintenance and repair on the Commons.
(e) Traffic movement, parking and delivery methods around the Primary and Secondary Commons.
(f) General maintenance of order on the Commons.
(g) Placement, size, and type of public artwork, in any form, on and around the Primary and Secondary Commons.
Article II. Use of the Commons
§ 157-5. Commons permits.
A. Permit classes. Commons use permits will be required for all events, activities, displays, exhibits, commercial
sales and other uses of the Commons. Such use permits will be issued in accordance with the provisions of this
section. General classes of permits that will be referred to the City Clerk or the Commons Advisory Board include:
(1) Commons use permits, including pavilion reservations, special event permits, information table permits,
merchant requests to display goods, and driving on the Commons. For information on Commons loading zones, see
§ 157-9H.
(2) Use of amplified sound on the Commons including public address systems, bullhorns, sound amplifiers, and
loud-natured acoustical musical instruments, such as horns, drums, and other percussion instruments.
(3) Animals Licensed dogs are allowed on the Commons by permit[s,] only [including permits] for residents and
businesses on the Commons, with written permission from the property owner. The permit allows the dog to
be brought onto the Commons by the shortest and most direct path to and from the business or residence. It
does not allow the dog to be on the Commons in any other way. The permit is valid for one year from the time
of issuance, and must be carried with the dog’s owner at all times.
(4) External speaker permits for businesses on the Commons which utilize external sound systems that project onto
the Commons.
(5) Outdoor dining permits, including storefront dining permits for restaurants, and Commons space permits for use
by the [Ithaca Downtown Partnership] Downtown Ithaca Alliance.
(6) Mobile vending agreements. including monthly, seasonal, and annual vending agreements.
B. Permit issuance.
(1) All requests for permits must be submitted to the City Clerk's office. The City Clerk may ask for additional
information, and/ or request a personal appearance before the Commons Advisory Board to present the details of a
permit application.
(2) Review of permit requests shall include scheduling of specific time, [and] duration, and location of the
proposed use or activity [, length of time that the permit is to be valid, and]. It may also include any special
conditions or restrictions that should be placed on the permit. Permits will be approved by the City Clerk or his/her
designee for a specific activity, specific date, specific time period, and specific location on the Commons.
(3) The Commons Advisory Board shall serve as an appeals board for people whose permit applications have been
denied or who feel that unreasonable restrictions have been placed upon their permit.
(4) When a request is approved or conditionally approved by the Board, the issuance of a permit will be authorized
subject to any conditions which have been imposed by the Board or which may be required by the City. Permits will
be issued by the City Clerk or his/her designee. The applicant will be notified of the Board's decision within five
business days after a decision has been rendered.
(5) Any permit which has been reviewed and approved by either the City Clerk or the Commons Advisory Board
may be revoked or amended if it is determined that the activity for which the permit was issued is not being carried
out in a manner that meets the terms of the permit.
(6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons therefor in writing
within five business days of the decision.
(7) The City Clerk will be responsible for notifying appropriate City staff of permit issuance.
(8) A record of all Board actions will be maintained pursuant to applicable laws.
C. Report of permit activity. A report on requests for permits and approved activities scheduled will be made at the
regular meeting of the Commons Advisory Board.
§ 157-6. Responsibilities of permit holder.
A. The responsibilities of the permit holder shall be:
(1) To supervise all materials, displays, products, equipment, and volunteers. and any other material at all times.
(2) To entirely remove or properly dispose of all material and equipment used in any activity at the end of the use
time and to leave the Commons in the same or better condition than when the event began. See also § 157-
18A. Maintenance Guidelines
(3) To remove [or] and properly dispose of all litter and trash created by the permit holder's activity, use, or event.
(4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or equipment used in
any activity or event on the Commons and for any damages, accidents or incidents which may occur in conjunction
therewith.
(5) To show proof, when required by the City Clerk, that liability insurance in an amount to be determined based on
the nature of the event has been obtained, naming the City of Ithaca as an “Additional Insured” on the
certificate.
(6) To comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory Board and
the City of Ithaca. in issuing a permit
(7) To provide a security deposit, when required by the Superintendent of Public Works, the Commons Advisory
Board or the City Clerk, to cover anticipated cleaning and repair costs.
(8) To show proof, when required, of various documents including a New York State sales tax certificate or Health
Department certificate.
B. A permit holder or vendor shall not discriminate against the people attending his or her event or patronizing his or
her business because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height,
immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic
status, or weight.
§ 157-7. General Commons rules; signs, displays and temporary planters.
[Amended 4-5-2006 by Ord. No. 2006-10]
A. The following rules apply to all uses and activities on the Commons:
(1) The f[F]ire lane[s are] is to be kept open and free of any obstructions at all times. No exhibit or item will be
permitted to locate in [a] the fire lane.
(2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m.[, and]. In
scheduling events and activities on the Commons, consideration will be given to the people living and doing
business on and around the Commons. Amplified sound, is allowed on the Commons by permit only. On
weekdays, amplified sound is allowed from 11:00 a.m. to 2:00 p.m.; and 5:00 p.m. to 10:00 p.m. On Saturday
and Sunday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Performers will be required to
schedule 20 minutes of quiet time for every hour of amplified sound.[before 10:00 a.m. and may not extend
beyond 10:00 p.m.] Requests to extend the hours of amplified sound may be made to the Commons Advisory
Board. [without special permission by the Commons Advisory Board.]
These regulations do not pertain to Special Events that are regulated under §132-7 of the City of Ithaca
Municipal Code.
(3) No user will be permitted to reserve a location on the Commons for more than five events in any calendar year
with the exception of the [Ithaca Downtown Partnership] Downtown Ithaca Alliance. A single event is defined as
being limited to three consecutive days in duration. Applicants requesting events of a longer duration may be
temporarily placed in mobile vending sites as available. Requests for multiple permitted events (3 or more) in a
calendar year, by a single user requires approval by the Commons Advisory Board. Requests for weekly
recurring events will be considered by the Commons Advisory Board for Mondays, Tuesdays, and
Wednesdays.
(4) Rain dates will not be scheduled at the time the original permit is issued but, in case of rain, every effort will be
made to reschedule the event at the earliest appropriate time upon written request from the event organizer.
Reapplication for a permit will not be required.
(5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from storefronts and businesses shall
be is prohibited.
(6) No person shall litter, [or] throw, or scatter material of any kind on the Commons.
(7) Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary Commons shall not be
permitted without a vending agreement valid permit, except that the sale of event-specific items and items related
to, and being sold by, a not-for-profit organization, or a business located on the Primary/Secondary Commons shall
be allowed pursuant to approval and permit by the City Clerk and/or Commons Advisory Board.
(8) Promotional, advertising, banners or other materials are not to be placed across the Commons or affixed to any
pavilion[s] or other infrastructure, except in cases where a Commons use permit has been approved.
(9) No person shall climb upon or permit minors in his/her custody to climb upon the fountain structure, any
structure, public art piece, light poles, or trees, or into planters on the Commons.
(10) No items or animals shall be leashed, affixed or bound to any light poles, trees, planters, pavilions or other
infrastructure on the Commons, except in cases where approval by the Department of Public Works or the City
Clerk has been granted.
(11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons merchants would be
allowed to display and sell merchandise on the Ithaca Commons. [with a Commons use permit approved by the
Commons Advisory Board.]
(12) Aggressive solicitation is prohibited pursuant to Chapter 250 of the City of Ithaca Municipal Code.
(13) Overnight sleeping on the Commons is prohibited except upon approval of a permit by the Commons Advisory
Board.
(14) Shopping Carts as defined in §157-3 above are not allowed on the Commons.
B. Signs; merchandise displays; temporary planters. A business, organization, or establishment may have a signs
and/or displays, to advertise the business in that location. Outdoor display of goods and merchandise are limited to
the items sold within the retail establishment, subject to the following restrictions or privileges:
(1) There may be only one a total of two freestanding signs or displays (not both) per business entrance, regardless
of the number of businesses or organizations within the building. Where the word "sign" is used alone hereinafter, it
refers to a sign or display.
(2) For the Primary Commons, freestanding signs may be up to 48 inches tall. and must abut the building, extending
only 24 inches into the sidewalk area or to the fire lane, whichever is less. Signs may not extend beyond 7 feet from
the building front. into the fire lane. For the Secondary Commons, signs may be up to 48 inches tall by 24 inches
wide and must be placed by the curb of the street in front of their building face, not blocking the opening of car
doors or access to parking meters, and must allow at least 60 inches (five feet) for a pedestrian right-of-way between
the sign and the buildings.
(3) All signs must be made of durable material and be heavy enough to remain in place in all weather and must
present a professional appearance.
(4) Signs must be maintained in good condition, with no rust, peeling paint, peeling laminate or broken sections. ,
and Outdoor signs and displays must not include any objects with sharp edges, protrusions or other features which
may be hazardous to the public.
(5) Merchandise displays may be 60 inches tall. and extend 24 inches into the sidewalk area or to the fire lane,
whichever is less. Displays may not extend into the fire lane beyond 7 feet from the building front. The display base
shall be of a size no greater than 24 inches square and shall be made of a durable material and shall be heavy enough
to remain standing in all weather. Displays must be maintained in good condition. [as are the signs]. The owner of
signs or displays must keep the area around the signs clear of snow and debris on and around the signs at all times.
See also § 157-18A. Maintenance Guidelines
(6) Temporary planters for flowers and plant display shall abut the building and extend no more than 18 24 inches
into the pedestrian walkway or the fire lane, whichever is less. A planter must be at least 18 24 inches tall at the lip
of the planter. Planters may extend the length of the business. Planters must be maintained in good condition, filled
with plants or flowers, and must be kept free of snow and debris in and around the planters. See also § 157-18A.
Maintenance Guidelines
(7) No sign, merchandise display or planter may block or obstruct a fire suppression system affixed to a building
or impede traffic flow in or out of building entrances.
(8) Businesses with outdoor dining permits must keep their signs, merchandise displays and planters within their
designated outdoor dining area.
(9) All signs and merchandise displays must be taken in at the close of the business day and inclement weather
conditions. See also § 157-18A. Maintenance Guidelines
(10) Downtown Ithaca Alliance [The Ithaca Downtown Partnership] shall be allowed to place signs for community
events and concerts at or near the Bernie Milton Pavilion [four Commons pavilions and/or] and the three four
entrances to the Commons (Aurora Street, Cayuga Street, and Seneca Street and Home Dairy Alley). These signs
shall not impede pedestrian traffic or block fire lanes.
(11) Signs, Outdoor food sales and merchandise displays and planters are not permitted during Special Events on
the Commons. Outdoor dining establishments with an agreement with the City are exempt from this
provision. listed as food vendor blackout dates, as per the Ithaca City Clerk's office.
(12) The building owner shall be liable for any violations under this Section. and §157-32. The building owner is
responsible for following the requirements of the City of Ithaca Sign Ordinance (Chapter 272) in determining
the rights of building tenants to place signs, merchandise displays or planters on the Commons. The building owner
may not charge any fees for the use of a sign in public space.
§ 157-8. Amplified sound, lights and other electrical equipment.
A. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or
cause to be operated on the Ithaca Commons any boom box, tape recorder, radio or other device for electronic sound
amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation
or with the comfort, repose, health or safety of others. within any building or at a distance of 25 feet or greater.
Refer to City of Ithaca Municipal Code Chapter 240 entitled “Noise” for further information.
B. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or
cause to be operated any boom box, stereo system, tape recorder, radio or other device from on or inside any
building on the Ithaca Commons, the sound from which is directed outside towards the pedestrian mall.
C. The provisions of Subsections A and B above shall not apply to emergency warning devices, sirens, alarms or
other devices being used solely for public safety purposes.
D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m., and between 5:00 p.m. and 10:00 p.m., Monday
through Friday, and between 10:00 a.m. and 10:00 p.m., Saturday and Sunday, upon approval of a noise permit by
the Commons Advisory Board or its designee. Sound levels should be kept low and subject to immediate volume
reduction upon [when] request[ed] by any City official, staff member of the Downtown Ithaca Alliance [Ithaca
Downtown Partnership], or member of the Commons Advisory Board.
E. The use of supplemental lighting, movie and slide projectors and any other type of electrical equipment or display
will be carefully reviewed by the City Clerk, City Electrician, and the Commons Advisory Board so as to minimize
nuisance or hazard conditions.
§ 157-9. Vehicles on the Commons.
A. Only service and business delivery vehicles are allowed on the Commons pursuant to the approval of a
Commons use permit. Permits shall be issued for use between 6:30 am and 9:30 a.m. and between 9:30 p.m. and
12:00 am each day of the week except on days when major festivals are planned. All vehicles shall enter the
Commons on the West end (Cayuga Street) and exit on the East end (Aurora Street). All vehicles shall
remain on the edge of the Fire Lane. Businesses with rear access should continue to use that space for
deliveries and service work. Vehicles may not be unattended for more than 5 minutes. No parking of
vehicles is allowed. Requests to drive a vehicle on the Commons during daytime hours, vehicles with a gross
weight over 10,000 pounds, and vehicles with trailers, require additional consideration and permission granted
by the City Clerk and/or the Mayor. before a Commons Use Permit may be issued.
B. Vehicles shall not operate at a speed greater than five miles per hour, and the use of a flagger and/or hazard
flashing lights is required.
C. If it is necessary for vehicles to operate in reverse gear while on the Commons, a flagger is required. This
provision shall not apply to emergency vehicles when operating during an emergency situation.
D. Any vehicle which must remain on the Commons as an integral part of a display or exhibit or if extended service
is necessary must be able to be moved immediately.
E. Except for businesses without rear access, delivery vehicles will not be permitted to drive on the Commons for
front door delivery. Permits for delivery vehicles will only be issued for after 9:00 p.m. and before 9:00 a.m.
F. Municipal and utility vehicles will be permitted on the Commons for the minimum time necessary to complete
their task. Notification of such shall be made to the City Clerk’s office prior to beginning the work, when
possible.
G. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the
concrete when a vehicle is stopped. In the event that drippings of oil or other fluids occur, the set guidelines for
removal of stains on concrete pavers, listed in this ordinance must be followed. See also § 157-18A. Maintenance
Guidelines
H. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Commons is strictly reserved for
vehicles making deliveries or loading and unloading passengers. No other use of the loading zones shall be made
without the express written permission of the Chief of the Police Department.
§ 157-10. Bicycles and other wheeled devices.
A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the Primary and
Secondary Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle is also
prohibited. Wheelchairs, baby strollers [carriages] and similar devices intended for the convenience and comfort of
infants or people with disabling conditions are permitted on the Commons. Nothing herein shall prohibit a
pedestrian from walking a bicycle on the Primary Commons or having a bicycle or skateboard in the pedestrian's
possession while on the Commons.
B. No person shall park any bicycle against windows, trees, light poles, planters or other infrastructure [on the main
traveled portion of the sidewalk] in any such manner as to constitute a hazard to pedestrians, traffic or property.
Bicycle racks are provided at different locations on the Commons for the storage of bicycles on a short-term
and/or daily basis only.
C. Bicycles may be impounded for the following reasons:
(1) There is reasonable cause to believe the bicycle has been stolen;
(2) There is reasonable cause to believe the bicycle has been used in the commission of a crime;
(3) The bicycle has been parked in violation of Subsection B above, and the owner or person authorized to possess
the bicycle has refused to remove it or has not been identified after a reasonable inquiry; or
(4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must remain unmoved for at
least 24 hours after a notice has been affixed to the bicycle by the Ithaca Police Department warning that it may be
impounded unless moved within 24 hours.
D. A violation of this section shall be punishable by a fine of not more than $50. A second violation within three
years is punishable by a fine of not more than $150 or a conditional discharge requiring not more than 40 hours of
community service and not less than $50 or a conditional discharge requiring not less than 15 hours of community
service. A third violation within three years is punishable by a fine of not more than $250 or a conditional discharge
requiring not more than 60 hours of community service and not less than $100 or a conditional discharge requiring
not less than 25 hours of community service.
§ 157-11. Alcoholic beverages.
No alcoholic beverages may be sold or consumed on the Ithaca Commons except by special permit approved by the
Common Council for a specific date, location and duration. Liquor and general liability insurance may be
required in an amount to be determined based upon the nature of the event; but, in no case, shall it be less
than $1,000,000.00. The liability insurance certificate must name the City of Ithaca as an “Additional
Insured” on it for the duration of the event.
§ 157-12. Animals Dogs and Other Animals.
Licensed dogs, restrained by an adequate collar and leash and under the control of its owner are allowed on
the Commons. Dogs may not engage in unreasonable howling and/or barking so that it disturbs or annoys
any person of reasonable sensitivities other than the person owning or harboring such dog.
Unreasonable howling or barking or other noise shall include, but not be limited to, the following:
(a) Howling, barking or other noise made by a dog and continuing for more than three cumulative minutes in
any sixty-minute period; or
(b) The existence of complaints concerning the noise from persons living or working in the vicinity of the
noise and who are affected by it.
Dogs shall not cause damage or destruction to public or private property.
The owner or other person responsible for the dog shall promptly pick up and remove any solid waste related
to the dog defecating or vomiting. See also § 157-18A. Maintenance Guidelines
Dogs shall not chase, leap on, or otherwise harass any person or other animal in such manner as reasonably
to cause intimidation or to put such person or animal in reasonable apprehension of bodily harm or injury.
Dogs shall not be leashed, tied or bound to any light poles, trees, planters, pavilions, bicycle racks or other
infrastructure on the Commons.
F. Animals that are included in a venue during a special event scheduled on the Commons are allowed subject to the
approval of a permit by the City Clerk and/or
Superintendent of Public Works.
A. No animals are allowed on the Primary Commons except by special permit. This provision does not apply to
[Seeing Eye] Service [Dogs, service] animals providing assistance to people with disabling conditions special needs
and police working dogs.
B. Owners or tenants of residential or commercial premises on the Primary Commons, whose only access to their
premises is from the Primary Commons, may apply to the City Clerk for a special permit. Such permit shall be
conditional [on] upon compliance with all City laws and ordinances pertaining to animals, and as outlined above
in §157-5(3).
C. A permit shall allow tenants and owners of premises on the Primary Commons, or the customers of businesses
that require the presence of animals to perform the function of the business, to transport their animals to and from
their premises in the shortest and most direct route possible. Animals shall be leashed or transported in carriers.
D. The permit shall not be transferable and is revocable at any time should the permit holder fail to comply fully
with the terms of the permit. The permit shall be valid for the duration of the owner's lease or ownership of premises
on the Commons or for a period of one year, whichever is shorter. The permit shall be renewable annually upon
application to the City Clerk. The permit fee shall be set by the Commons Advisory Board. No more than two
permits shall be issued for each residential or commercial unit. In the case of a business that requires the presence of
animals to perform the function of the business, one permit shall cover the business and all of its customers.
In addition, a valid New York State dog license is required, and must be presented at the time of application
for the permit.
E. The Commons Advisory Board shall review each application for a business permit and shall grant such permit
upon the following conditions:
(1) That animals shall be limited to an area between the premises and the closest of the three primary Commons
entrances (Aurora Street, Seneca Street or Cayuga Street);
(2) That the permit shall be for the movement of animals to and from the business and shall not allow for the
loitering of animals in the permitted area;
(3) That the dog owners or other persons responsible for the dog are responsible for promptly removing any animal
waste pursuant to § 164-9 of the City of Ithaca Municipal Code which is not preempted by this section; and
(4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be responsible for the cleaning of
any animal urine or feces that is deposited in the permit area.
§ 157-13. Posting of bills and notices.
A. Posting of bills or notices or the attachment of any unauthorized devices to any public structures of the
Commons is prohibited. Exceptions to this regulation shall be the display panels located in the [three] [towers of] the
Commons. Bulletins shall be placed in such display panels by the Downtown Ithaca Alliance [Ithaca Downtown
Partnership] and shall be removed by the [Ithaca Downtown Partnership] Downtown Ithaca Alliance after a
reasonable period of time, to be determined by the [Ithaca Downtown Partnership] Downtown Ithaca Alliance.
B. The directories [display panels] shall provide [three types of] display space for the following:
(1) Official Commons activity announcements. This space is reserved for the use of the Downtown Ithaca Alliance
[Ithaca Downtown Partnership] to announce activities and dates of events on the Commons and in the community.
(2) Public announcements. This space is available for general community public use. Material posted should be of
reasonable size and limited to the announcement of public events such as local civic, artistic and cultural activities; it
may not include personal messages, profit-motivated events or political promotional material. Posters and notices to
be displayed shall be received, posted and removed by the Downtown Ithaca Alliance [Ithaca Downtown
Partnership]. They should be dated and will not be left on display for more than two weeks.
(3) Directory. This space is reserved for a directory of all business space located on the Commons and [should] will
be updated periodically by the Downtown Ithaca Alliance [Ithaca Downtown Partnership].
C. If a request for posting a public announcement as defined in this section is not honored or is denied by the
Downtown Ithaca Alliance [Ithaca Downtown Partnership], a letter of appeal may be forwarded to the Mayor for
consideration.
§ 157-14. Newsracks.
The Commons Advisory Board The Downtown Ithaca Alliance shall administer regulate, place, and monitor the
placement of newsracks on the Commons on a routine basis in order to preserve the atmosphere and appearance of
the Commons. Requests to use the newsracks will be considered in accordance with the policy approved by the
Commons Advisory Board.in an attractive and inviting manner. Newsracks shall be placed so that they are easily
accessible to the public, but are not located within a pedestrian walkway, or areas dedicated for public art, events,
outdoor dining or vending, or other uses.
§ 157-15. Refuse.
Commons businesses and residents will be allowed 24/7 access to a secure disposal facility. Private trash and
recycling will not be collected on the Commons.
Only authorized users with key access will be permitted to use the disposal facility. Users will need to place
trash in authorized bags. In the event that the transport of trash results in drippings or leaking fluids on the
Commons, the guidelines for cleaning stains established by this ordinance are to be followed. See also § 157-
18A. Maintenance Guidelines
Fines will be imposed for users who abandon unaccepted items or who dispose of trash without using an
authorized bag.
A. All refuse, rubbish and litter generated by public use of the Commons must be placed in receptacles provided for
that purpose.
B. Recessed store entrances, foyers or other areas within the building lines shall at all times remain the responsibility
of the tenants or owners, who shall keep them in a clean and sanitary condition. The sweeping or depositing of
refuse or other litter onto the Commons is not permitted.
§ 157-16. Storage.
No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by permit issued by
the Superintendent of Public Works.
§ 157-17. Property damage.
Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the defacing or
damaging of property is prohibited unless expressly authorized by the Superintendent of Public Works.
§ 157-18. Cleaning and repairing.
All users involved with activities on the Commons shall be responsible for cleaning and repairing to assure that the
Commons will be returned to its prior condition previous to its use. Failure to comply with this provision shall result
in the City's taking necessary action to clean and repair the Commons and to restore it to its prior condition. In such
case, the City shall bill the user for the cost of such repairing or cleaning, both on the [Ithaca] Commons and on the
surrounding business improvement district. It is expected that the same level of maintenance will be extended to the
entire business improvement district as prevails for the [Ithaca] Commons. This provision shall not relieve the City
from performing normal, routine cleaning and maintenance activities.
A. Maintenance Guidelines
1. Stain Removal Guidelines
i. The City recognizes that during the regular use of the Commons, spills, drippings,
and other stains may occur on occassion. In order to maintain the integrity of the
pavers , the following are guidelines for removal of common stains and should be
observed whenever possible:
Treatment for Common Stains
Stains Treatments
1. Oil and grease
Soak up excess oil with rags. Then cover
with an oil absorbent material, like kitty
litter. Leave on stain for 24-48 hours, and
then sweep dry. Another option would be
to apply a 100% pure citrus degreaser,
directly to stain, and then blot up with a rag
and hose area down.
2. Chewing Gum
Apply small amount of dry ice and then
scrape off with a putty knife or apply 100%
pure citrus degreaser, apply directly to
gum marks and scrape off.
3. Paint
Use rags to remove excess paint by
blotting, do not wipe, it will spread the paint
around. If the paint is a latex, water based,
soak with hot water and scrub by using
detergent with a stiff bristled brush. Rinse
periodically, repeat as necessary. Oil, paint
and sealer remover is a specialized
cleaner that can be applied after
oil-based paint has dried. Follow
manufactures instructions.
4. Leaf and Wood Rot
Apply household bleach and scrub with a
stiff bristled brush.
5. Mortar
Try to remove immediately with a garden
hose. If that is not possible, let it harden
and remove with a scraper or putty knife.
6. Tobacco
Apply household bleach and scrub with a
stiff bristled brush.
7. Rust Stains
Directly apply Rust Stain remover to the
effected spots to lift these types of stains.
Contact Hanover® for specific material.
8. Grease drippings from
food, ketchup, mustard
Apply general concrete paver cleaner to
these types of stains.
9. Clay Soils
Scrap off the dry built-up material with
putty knife, scrub and rinse off with hot
water. A detergent may be necessary to
release the stain.
10. Tar
Apply 100% pure citrus degreaser. Apply
directly to stain, blot up with a rag and then
hose area down.
11. Tree Sap
Apply 100% pure citrus degreaser. Apply
directly to stain, blot up with a rag and then
hose area down.
12. Concrete dust from cutting Rinse immediately with water and/or use a
cleaner designed for cleaning concrete
pavers
Please Note: If the stains are severe and cannot be removed, pavers can be replaced
with new materials. Unlike other paving materials, concrete pavers will not have the
extreme unsightly patch marks.
2. Snow Removal Guidelines
i. Snow Removal
1. For removal of snow on the Commons surfaces, only
rubber or nylon tipped shovels or snow blowers may be
used. Snow blowers should not contain chains on the
tires, as they could damage the face of the pavers.
ii. De-Icing
1. Rock salt should never be used on the Commons Surfaces
2. For ice melting, Magnesium Chloride may be used, but should be swept off
of the surface once the ice is melted.
.
§ 157-19. Fees.
Permit and use fees will be established by the Commons Advisory Board in consultation with the Board of Public
Works. Fees may be waived or reduced by the Commons Advisory Board if deemed in the best interest of the
community. All fees shall be paid at the time the permit is issued.
§ 157-20. Street Performers
Street performers and acoustical musicians may perform on the Ithaca Commons between 10:00 a.m. and
9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday and Saturday. All street
performers shall locate along the edge of the fire lane and must remain mobile at all times in case emergency
vehicles require access to the area. Performance equipment and materials may not be left unattended. Street
performers must move to a different location every 45 minutes. The Commons Advisory Board reserves the
right to designate specific areas for street performers.
The use of amplified sound or fire during a performance is only allowed by permit from the Commons
Advisory Board. Loud natured acoustical instruments such as horns, drums and other percussion
instruments require a permit from the Commons Advisory Board. Performers are responsible for monitoring
and controlling the volume of sound they make and must reduce the volume upon the request of the Ithaca
Police Department, City Clerk staff, Downtown Ithaca Alliance staff, or a member of the Commons Advisory
Board.
Performers may accept voluntary donations but shall not base their performance upon payment or
aggressively solicit contributions.
Performers must not be under the influence of alcoholic beverages or controlled substances while performing.
Ithaca Police Officers may require performers to relocate or leave the Commons area if they are creating a
disturbance that negatively impacts the businesses or residents in the area.
At the conclusion of a performance, the performer is responsible for removing any debris, trash, or litter
associated with the performance or audience.
Article III. Outdoor Dining
§ 157-20. Applications; rules of operation; permits; appeals.
A. The City Clerk shall review and consider outdoor dining applications for food establishments on the Primary and
Secondary Commons. Applications shall include the following documentation:
(1) Certificate of general liability insurance in an amount to be determined based upon the nature of the event,
but in no case shall it be less than $1,000,000.00; it must also name the City of Ithaca as an “Additional
Insured”.
(2) Proof of worker's compensation insurance.
(3) If alcohol is to be served, a[A]dditional liquor liability insurance is required in an amount to be determined,
but in no case shall it be less than $1,000,000.00. It must name the City of Ithaca as an “Additional Insured”.
(4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items (e.g., trees, fire
hydrants, etc.).
(5) An application and use fee shall be submitted with the completed outdoor dining application and required
paperwork.
B. Rules of operation.
(1) The dining area shall be adjacent to the business holding the agreement. On the Primary Commons, the area may
not extend out from the building more than 7 feet. [The area may extend out from the building, but not more than
five feet.] The dining area shall not block the fire lane[s] or impede pedestrian traffic flow, and shall not extend
beyond the agreement holder's storefront.
(2) If alcohol is served, the dining area shall be contiguous to the establishment, physically defined, and approval
from Common Council is required through the City Clerk.
(3) The merchant shall be completely responsible for all aspects of the area, including cleanliness, trash, and stain
removal.
(4) The outdoor dining season shall be from April [January] 1 until March [December] 31. Outdoor dining furniture
may not impede the City's efforts to remove debris, or snow and ice accumulations from the Commons.
(5) Applications must be submitted and approved annually.
(6) Furniture and fixtures, as well as any means used to define the dining area, will be allowed only during the
approved dining hours.
(7) The area used is subject to periodic review by the City Clerk and the Department of Public Works.
(8) The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and
stains. Merchant is responsible for removal of stains or drippings in accordance with the guidelines for stain removal
established by this ordinance. See also § 157-18A. Maintenance Guidelines
(9) The City may terminate this agreement at any time without cause, in which case the applicant shall be
reimbursed for the period of time which would be remaining on the agreement if the agreement were not terminated
before expiration.
(10) The City may terminate this agreement for the following causes, including but not limited to:
(a) Violation of the guidelines and requirements listed above.
(b) Fraud, misrepresentation or false statements in the agreement application.
(c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement.
(11) If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be
issued. Notice of proposed suspension or revocation of an agreement for outdoor dining shall be given in writing,
setting forth specifically the grounds of the complaint. The applicant shall have a right to a hearing in front of the
Commons Advisory Board on the proposed revocation or suspension.
(12) The Commons Advisory Board shall have the right to terminate or re-instate the agreement. Such decision shall
become effective immediately.
(13) Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until
the expiration of one year from the date of revocation.
(14) The applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of
materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity,
familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual
orientation, socioeconomic status, or weight.
C. The City Clerk shall be authorized to issue permits to the Downtown Ithaca Alliance [Ithaca Downtown
Partnership] for placement of tables and chairs for dining and leisure purposes on the primary and secondary
Commons during the warm weather season.
D. Appeals for denied agreements. Any person or group that has been denied an agreement for outdoor dining on the
Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in
writing to the City Clerk's office within 10 days from the date of denial. The Commons Advisory Board may act to
sustain the original decision or to revise it, with or without conditions.
Article IV. Mobile Vending Cart Regulations:
§157-21 Mobile Vending Cart Regulations:
A. Types of vendors on the Commons:
(1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to
check with the Health Department regarding their regulations.
(2) Non food/merchandise for sale/services.
(3) See §157-28. Exceptions
B. Definition of Mobile Vending: selling food/beverage/merchandise/services
from a wheeled carrier that can move easily without the use of a vehicle or
power source. Carts must be battery-operated and completely self-
contained as the City does not provide water or electric to the vendors. The
use of generators is prohibited.
C. Cart Construction Requirements: Vending carts must be constructed in a professional manner and
using methods and techniques associated with good craftsmanship.
(1) Awnings, canopies, or umbrellas. Lowest edge six and one-half feet from
the ground; flame resistant or fire retardant canvas or simulated canvas with a
peaked roof that may extend 18 inches beyond the side of the cart. Canopies and awnings
must be fastened to all corners. Umbrellas must be “windproof” using a standard
metal umbrella holder with a locking devise permanently attached to
the cart.
(2) Box carts: box carts – carts that are shaped like a square or
rectangular box, having a permanent roof, four permanent sides and limited
see-through ability- are not permitted.
(3) Coolers (for food/beverage vendors only): Maximum of two coolers
per cart vendor. Both coolers are required to be stored on the same dolly.
Each food vendor is required to have one dolly. Coolers must be pressed up against
cart or no more than 6” away from cart. All coolers must be kept in a clean and
sanitary condition free of dirt, grime, grease.
(4) Display Cases: Must be sturdy, in good repair, and attached to the cart
(preferred). If not attached, they must be heavy enough to withstand considerable
winds or other natural elements.
(5) Fixtures: Good quality hinges, clasps, and other hardware must be secured
firmly to the cart.
(6) Height: Maximum of eight feet (from pavement to highest point of the
cart).
(7) Lighting: Lighting can be used for preparing and serving food and
illuminating a menu. Decorative lighting is not permitted unless approved by the
Commons Advisory Board. Lighting not approved by the Commons Advisory Board
must be removed immediately.
(8) Making carts stationary: Mobile carts must be stationary in their
locations. Locking wheels are preferred. Wheel chocks may be used.
(9) Mats: Required for food/beverage vendors only. Clean solid mat,
minimum 12 square feet, in front of each food cart to capture spilled
food/beverage and waste. No exception. Staff may require additional mats
as needed (under grill area for example). Mats should be rolled up, removed from the
Commons, and cleaned before reuse. Vendor is responsible for removal of any drippings or stains that occur
at their location. Vendors must use the guidelines for stain removal established by this ordinance. See also §
157-18A. Maintenance Guidelines
(10) Maximum Cart Size: No larger than 32 square feet and of reasonable
proportions.
(11) Measuring the square footage of the cart: Take a bird’s eye view of
the cart, and draw a square or rectangle around the cart. All
protuberances, such as wheels, wheel hubs, handles, bumpers, etc. must be
included inside the square or rectangle. A canvas awning, canopy or overhang does not
affect the maximum size of the cart.
(12) One structure only: Cannot use more than one structure per vendor
location.
(13) See-through ability: Must be able to see through at least two sides of the cart at all times.
(14) Signage: Product brand names, related to products being sold, are
permitted on umbrellas. All signs are subject to rules as outlined in City of
Ithaca Municipal Code Chapter 272 entitled “Signs”.
(15) Tables: No free-standing tables. Built in, folding-down tables
attached to the actual vendor cart are acceptable, provided they have been approved
by the Commons Advisory Board.
(16) Trash/Recycling receptacles: Each vendor must have a trash container with a lid and trash
bags must always be used. Vendor must also have a recycling container. The vendor must
follow the strict “carry in/carry out” policy of the City of Ithaca. Vendors may not use
Commons trash receptacles. Vendor may use the secure trash facility used by Commons
businesses through the purchase of an access key and authorized trash bags.
(17) Wheels: Minimum six inch diameter. Two large wheels and one small wheel are acceptable.
seem to provide the best maneuverability. Bicycle type wheels are ruined with winter salt.
(18) Shopping carts are not allowed as part of the mobile vending space.
§ 157-22[1]. Location.
The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The
City Clerk's office shall maintain and make available to the public a map of approved vending locations.
§ 157-23[2]. Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts[,and tents] must be removed
from the Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who wish to operate outside regular
hours must obtain permission from the Commons Advisory Board.
§ 157-24[3]. Agreements.
A. The City Clerk may issue agreements for mobile vending on the Commons pursuant to the Mobile
Vending Map, which is approved by the Commons Advisory Board annually. The City Clerk may refuse to issue
an agreement:
(1) If there are no eligible vending sites available [for that season].
(2) To any applicant who fails to satisfy the application requirements.
(3) To any applicant who violated the terms of a mobile vending agreement
the previous vending season.
B. Application requirements.
(1) Completed applications for vending agreements with corresponding fees shall be received and
considered by the City Clerk. Fees include, but may not be limited to application fee, security deposit, and use
fee. The fees have been established in accordance with Chapter 170 of the City of Ithaca Municipal Code
entitled “Use of Real City Property”
[(2) Rates for mobile vending shall be set by the Commons Advisory Board in consultation with the Board of Public
Works.]
(2)[(3)] A description of the type of merchandise, service, food or beverage menu
to be offered for sale.
(3)[(4)] Price list of each item[s] being sold.
(4) A description and photograph of the cart or table layout to be used.
(5)[(6)] Proof that the applicant has complied with the established regulations of the
Tompkins County Health Department, Ithaca Fire Department and other appropriate state,
federal and local laws and regulations applicable to the vending business.
(6)[(7)] A certificate of liability insurance in an amount to be determined based
upon the nature of the permit, but in no case shall it be less than $1,000,000.00. It
must also name the City of Ithaca as an “Additional Insured”. [naming the City of
Ithaca as additional insured].
(7)[(8)] Proof of New York State W[w]orker's compensation insurance; or New
York State Worker's compensation exemption certificate [waiver form]
completed.
(8)[(9)] Applicant[s] shall demonstrate that they have a New York State sales tax
certificate at all times while they are vending.
(9)[(10)] A written description of waste disposal plans for trash, water, grease, and
other materials.
(10)[(11)] Proof of 501(C)(3) designation, if applicable.
[(12) Copy of IFD propane permit for solid, liquid or gas-fired
cookng/heating appliances.]
(11)[(13)] The City Clerk may require additional information from the applicant if
deemed necessary.
(12)[(14)] Whenever a name or address provided by the vendor on his or her
agreement or application changes, he or she shall notify the City Clerk within 10 days of
the change.
C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the City Clerk will
[draft] prepare a mobile vending agreement between the vendor and the City of Ithaca. The City Clerk’s office
will maintain the original agreement on file in their office.[to be signed by the applicant. The signed agreement
shall be reviewed by City staff, and once approved will be forwarded to the applicant.]
D. Security deposit. A refundable security deposit is required for all vendors. All sites are subject to periodic review,
and the deposit will be refunded upon final site inspection by the Department of Public Works at the end of the
agreement period. Vendors must comply with guidelines for stain removal established by this ordinance.See also §
157-18A. Maintenance Guidelines
. If grease or other stains are found at the vending site, the Department of Public Works shall make arrangements
with the vendor for clean up within a specified time period. If the site is not cleaned up within that time period, the
Department of Public Works will clean the site and will subtract the fee from the security deposit. If additional costs
are incurred, the vendor will be billed accordingly.
E. All fees are nonrefundable. [unless the site is reassigned to another vendor. In that case, the fees will be
proportionately refunded.]
F. Requested site location. Sites are listed on the Mobile Vending Map. Site preference consideration will first be
given to [seasonal applicants, second to] returning vendors, and then on a first-come basis. If two returning
[seasonal] vendors request the same site, the site will be awarded on a first-come, first-serve basis.
§ 157-25[4]. Vendor responsibility.
A. Vendors receiving agreements shall:
(1) Comply with all laws, ordinances and regulations applicable to their business.
(2) Refrain from operating carts after agreements expire and when the agreements are suspended or revoked.
(3) Surrender their agreements promptly upon their revocation or suspension.
(4) Display a copy of their New York State sales tax certificate on their cart at all times.
(5) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from
the vendor's use of the [Ithaca] Commons and shall be so duly insured. in an amount to be determined based
upon the nature of the permit, but in no case shall it be less than $1,000,000.00. It must also name the City of
Ithaca as an “Additional Insured”. [by the City of Ithaca, but must be in the minimum amount of $1,000,000.]
B. The vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of
materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity,
familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual
orientation, socioeconomic status, or weight.
§ 157-26[5]. Rules of operation.
The following are the mobile vending rules of operation:
A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their equipment within their
assigned site. [On specially marked "expansion" sites, the site may expand to 20 feet by 20 feet in size for an
increased fee.]
B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because
of vending operations.
C. All sites are open to retail and food/beverage vending except for the sites specifically marked NF (No food
vendors).
D. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the Commons Advisory
Board.
E. Vending carts must be attended at all times.
[F. Tents with one or two sides and canopies are allowed during the summer season only and must be removed
daily. Off-season, monthly vendors require special permission from the Commons Advisory Board for the use of
tents. ]
F[G]. All carts[,] and equipment [tents and canopies] must be removed from the vending site at the close of
business each day.
G[H]. All vendors must maintain the submitted list of items for sale and prices [Food vendors must maintain
the submitted food menu] throughout the agreement period unless special permission is granted by the City Clerk or
the Commons Advisory Board.
H[I]. Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be vented, filtered or
disposed of in a comparable manner so as to reasonably prevent the release of odor or particulate matter into the
surrounding environment.
I[J]. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter, and
[attached to their carts Vendors shall] be responsible for the appropriate removal and disposal thereof. [of litter or
trash placed in their containers.] No dumping is allowed in City trash cans, grates, storm sewers, or other areas.
J[K]. Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from paper, peelings, oil
and grease spills and refuse of any kind generated from the operation of their cart. If spills do occur, the vendor is
responsible for using the guildelines for proper removal of stains established by this ordinance. See also § 157-18A.
Maintenance Guidelines
K[L]. No music, amplified sound, or repetitive noise that can be heard outside of the vending site may be played by
the vendor.
L[M]. If a vending site remains vacant for three consecutive weeks without notification to the City Clerk's office, it
will be considered abandoned and re-assigned, with no refunds issued.
M[N]. An additional permit for driving on the Commons is required for the purposes of loading and unloading
before 9:00 a.m. and after 9:00 p.m., and is available from the City Clerk's office upon request.
N[O]. The City reserves the right to move vendors for necessary maintenance and repairs on the Commons.
O[P]. The City does not provide water or electric service to mobile vendors.
P[Q]. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca Alliance [Ithaca
Downtown Partnership employees].
§ 157-27[6]. Suspension or revocation of agreement.
A. The City may terminate a mobile vending agreement at any time without cause, in which case the [contractor]
vendor shall be reimbursed for the period of time that would be remaining on the agreement if the agreement were
not terminated before expiration.
B. If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be
issued. Notice of proposed suspension or revocation of an agreement for mobile vending shall be given in writing,
setting forth specifically the grounds of the complaint. The vendor shall have a right to a hearing on the proposed
revocation or suspension before the [CAB] Commons Advisory Board no sooner than ten (10) days after
requesting such a hearing, in writing. Grounds for termination include, but are not limited to:
(1) Violation of the rules of operation.
(2) Fraud, misrepresentation or false statements on the application.
(3) Fraud, misrepresentation or false statements made in connection with the selling of merchandise.
(4) Violation of any ordinances, regulations or laws applicable to the holder of such an agreement.
(5) Conduct of the business permitted in an unlawful manner or in such a way as to constitute a menace to the health
and safety of the public.
C. The Commons Advisory Board [CAB] shall have the right to terminate or reinstate the agreement. Such
decision shall become effective immediately.
D. Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the
expiration of one year from the date of revocation.
§ 157-28[7]. Ithaca Festival and other events.
Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts granted pursuant to
this chapter shall include [exclude] days on which it is expected that the Ithaca Festival or other events sponsored by
the Downtown Ithaca Alliance [Ithaca Downtown Partnership] will take place on the [Ithaca] Commons. A listing
of these events and dates shall be maintained by the City Clerk. The vendor will be required to make application
to the event coordinator and pay any additional fees as required. Vendors may be relocated from their
assigned spot during the event, at the discretion of the event coordinator. Vendors must follow the rules of
each event. Vendors interested in vending during special events [for an additional fee] should contact the
Downtown Ithaca Alliance [Ithaca Downtown Partnership] or Ithaca Festival offices for information regarding
vending requirements for those special events.
§ 157-29[8]. Exceptions.
Persons holding a license issued by the Tompkins County Clerk to vend under the status of a United States Armed
Forces Veteran pursuant to § 32 of the General Business Law, to the extent legally permitted, shall be required to
abide by all regulations except those concerning fees.
§ 157-30[29]. Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the [Ithaca] Commons may appeal such decision
to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's office within ten (10)
days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it,
with or without conditions.
Article V. Exceptions; Penalties
§ 157-31[30]. Limited waivers and exceptions.
The Commons Advisory Board is authorized to grant limited waivers and exceptions to the provisions of this
chapter, as appropriate and for temporary periods not to exceed one week in duration. Such waivers and exceptions
shall be subject to any appropriate review by the City Clerk's office, Department of Public Works, the Fire
Department or the Police Department.
§ 157-32[1]. Applicability of other ordinances.
Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall apply to the Ithaca
Commons.
§ 157-33[2]. Penalties for offenses.
[Amended 4-5-2006 by Ord. No. 2006-10]Except as otherwise provided, any violation of the provisions of this law
shall be punishable as a civil offense in accordance with §[ ]1-1, of the City of Ithaca Municipal Code.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication
of notices as provided in the Ithaca City Charter.
6) Action items – Voting to Send on to Council
a) RU Zoning Changes (Cornell Heights)
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning,” in order amend the R-U zoning district – Declaration
of Lead Agency
Alderperson Brock moved; Alderperson Kerslick seconded. Carried
Unanimously.
WHEREAS, State Law and Section 176-6 of the City Code require that a lead
agency be established for conducting environmental review of projects in
accordance with local and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency which has
primary responsibility for approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to
the City Environmental Quality Review (CEQR) Ordinance, which requires
environmental review under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the proposed amendments to
the R-U Zoning District.
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning,” in order to amend the R-U Zoning District –
Declaration of Environmental Significance
Alderperson Brock moved; Alderperson Kerslick seconded. Carried
Unanimously.
1. WHEREAS, The Common Council is considering a proposal to amend the
RU zoning district, and
2. WHEREAS, the appropriate environmental review has been conducted,
including the preparation of a Full Environmental Assessment Form (FEAF),
dated November 19, 2014, and
3. WHEREAS, the proposed action is a “Unlisted” Action under the City
Environmental Quality Review Ordinance, and
4. WHEREAS, the Common Council of the City of Ithaca, acting as lead agency,
has reviewed the FEAF prepared by planning staff; now, therefore, be it
1. RESOLVED, That this Common Council, as lead agency in this matter,
hereby adopts as its own the findings and conclusions more fully set forth on
the Full Environmental Assessment Form, dated November 19, 2014, and be
it further
2. RESOLVED, That this Common Council, as lead agency in this matter,
hereby determines that the proposed action at issue will not have a significant
effect on the environment, and that further environmental review is
unnecessary, and be it further
3. RESOLVED, That this resolution constitutes notice of this negative
declaration and that the City Clerk is hereby directed to file a copy of the
same, together with any attachments, in the City Clerk’s Office, and forward
the same to any other parties as required by law.
ORDINANCE NO. ____
Moved by Alderperson Brock with the changes to ILPC and Planning Board;
seconded by Alderperson McCollister. Carried Unanimously.
To February council meeting with an answer regarding the height from legal.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
1. WHEREAS, in 2013, the City received a development proposal for a
residential project located in the Cornell Heights Historic District,
and
2. WHERAS, the Ithaca Landmarks Preservation Commission (ILPC), in their
review of the project, found that the allowable development by the
existing zoning largely conflicted with what the ILPC would permit in
order to protect the historic character of the District, and
3. WHEREAS, the Cornell Heights Historic District, unlike Ithaca’s other
historic districts, was developed as a planned “residence park”, with
significant amounts of green space and informal landscaping in the
Romantic tradition intentionally retained around its expansive homes to
create a unique neighborhood identity, and
4. WHEREAS, this neighborhood is also designated as a low-density
neighborhood in the City of Ithaca’s forthcoming Comprehensive Plan,
and
5. WHEREAS, in order to explore alternate zoning options that would better
reflect the desired development for this area, a working group was
formed consisting of staff from the Planning, Building, Zoning and
Economic Development Department and members of the Common Council, and
6. WHEREAS, prior to developing a zoning proposal, a walking tour of the
neighborhood was held and the working group also had meetings with the
residents of the area, and
7. WHEREAS, the working group has identified amendments to the use and
area requirements in the R-U Zoning District that would allow for
responsibly developing this area, while preserving the original intent
for the district and protecting the important qualities of this
neighborhood, and
8. WHEREAS, in addition to the amendments that have been proposed to the
R-U Zoning District, residents have requested that the Common Council
also explore options for offering additional protections to the entire
Cornell Heights Historic District,
9. WHEREAS, after circulating a concept memo that described the proposed
changes to the R-U zoning district, Historic Ithaca submitted a memo,
dated November 6, 2014, containing concerns and comments about the
proposal and City staff evaluated the concerns and responded to all of
the points that were raised, therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section 325-8 of the Municipal Code of the City of Ithaca,
entitled District Regulations, is hereby amended to add the following
underlined language:
Section 325-8: District Regulations Chart, R-U Use District
Permitted Primary Uses
Properties that are less than 60,000 SF are permitted to have only one
primary structure on the lot. Properties greater than 60,000 SF may have two
primary uses, if approved by Ithaca Landmarks Preservation Commission (ILPC)
or Planning Board. Properties with at least 90,000 SF can have as many as 3
primary uses if approved by ILPC or Planning Board.
1. One-family detached, semi-detached, or attached dwelling.
2. Any use permitted in R-1 and R-2.
Permitted Uses 3-8 are restricted to 1 every 500 feet for new construction 1,
measured from the edge of the property line
3. Multiple dwelling.
4. Rooming or boardinghouse.
5. Cooperative household.
6. Fraternity, sorority or group house.
7. Dormitory.
8. Townhouse or garden apartment housing.
By Special Permit of Board of Appeals:
9. Uses 5-7 under R-1*
1 After the Planning and Economic Development Meeting on November
12, 2014, the Director of Zoning and Code Enforcement advised
staff to add language restricting this requirement to new
construction in order to prevent making existing properties non-
conforming in accordance with the new zoning ordinance.
10. Nursery school, child day care center.
11. Bed and Breakfast Homes and Inns.
* Cemetery and Related Building, Public Utility Structures, except
offices, All School and Related Buildings
Minimum Lot Size (Area in Square Feet)
1. One-family detached dwelling: 10,000
2. One-family semi-detached or two-family dwelling: 15,000.
3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for
each additional unit.
4. Multiple dwelling: 16,500 for first 1-3 units plus1,500 for each
additional unit.
5. Fraternity, sorority, or group house: 30,000 (was 25,000).
6. Other uses: 30,000 (was 10,000).
Width in Feet at Street Line
1. One-family detached dwelling: 75.
2. One-family semi-detached or two-family dwelling: 100.
3. One-family attached dwelling: 125.
4. Multiple dwelling: 125.
5. Fraternity, sorority or group house: 125.
6. Other uses: 125 (was 75).
Maximum Building Height
Number of Stories: 3 (was 4).
Height in Feet – 40.
Maximum Percent Lot Coverage by Buildings
Lot Coverage: 25% (was 30%).
50% of the developable lot area, after the required setbacks have been
calculated, must be retained as green space.
Yard Dimensions
Front Required Minimum – 25’
Side Minimum – 10’
Other Side Minimum – 10’
Rear Minimum – 50’ or at least 25%, but not less than 30’
Section 2. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 3. Severability. Severability is intended throughout and within the
provisions of this local law. If any section, subsection, sentence, clause,
phrase or portion of this local law is held to be invalid or unconstitutional
by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 4. Effective date. This ordinance shall take affect immediately and
in accordance with law upon publication of notices as provided in the Ithaca
City Charter.
b) Noise Ordinance Reform
To: Planning and Economic Development Committee
From: Seph Murtagh, Chair
Re: Noise Ordinance Reform
Date: January 6, 2015, 2014
The following is a proposed amendment to section 240‐8 of the new noise ordinance. I’ve clarified
some language to make it easier to understand. I’ve also removed provisions addressing noise on
Commons and City Parks as this is governed elsewhere in the code and could prove redundant. Also, I
would like to propose extending 65 dba to midnight in commercial areas, as 10pm might prove too
restrictive. We can discuss further at the meeting. In the meantime, if there are any questions, don’t
hesitate to get in touch.
Seph Murtagh
§ 240-8 Maximum Permissible Sound Levels.
In addition to prohibitions set forth elsewhere in this chapter, the following general
prohibitions regarding sound levels shall apply in determining unreasonable noise:
A. No person shall operate or cause to be operated any source of continuous sound from any use
occupancy in such a manner as to create a sound level which exceeds the limits set forth in the receiving
use occupancy category in Table I, when measured at or within the real property line of the receiving
property.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS
BY RECEIVING LAND USE
dBA
Residential1
7:30 a.m. - 10:00
p.m.
Residential
10:00 p.m. –
7:30 a.m.
Commercial 2
7:30 a.m. – 12 a.m.
Commercial
12am - 7:30 a.m.
Industrial
24 hours
OUTDOORS
60 50 65 55 75
INDOORS3
50 40 55 40
1. Property receptor located within an area that’s zoned residential.
2. Property receptor located within an area that’s zoned commercial, including but not
limited to those zones designated CBD, Waterfront, B, WDEZ, and MU (Collegetown Mixed-Use
District).
3. The indoor permissible sound level limits will only apply if the sound source is on or within
the same property as the receiving property, as in the case of a multi-dwelling unit building or a
multi-use property (e.g., sound generated within a commercial unit of a multi-use property
building and received within a residential unit of the same building). In addition, indoor
measurements shall be taken if the property line between the receiving property and the source
property is a common wall, floor or ceiling.
(2) Impulsive Sound:
No person shall make, cause, allow or permit the operation of any impulsive source of sound within any
and all property in the city which has a maximum sound pressure level in excess of eighty (80) dBA, when
measured at or within the real property line of the receiver. If an impulsive sound is the result of the
normal operation of an industrial or commercial facility and occurs more frequently than four (4) times in
any hour the levels set forth in Table I shall apply.
B. Sources of Sound on Ithaca Primary Commons or Any City Park
In addition to those specific prohibition set forth in Table I of this Section, no person shall make,
cause, allow, or permit any source of sound on the Ithaca Primary Commons or any city park
that exceeds 70 dBA during daytime hours and 60 dBA during nighttime hours when measured
at a distance of 25 feet or more from the source.
C. Commercial establishments serving alcohol or food, or presenting live or recorded musical performances
In addition to those specific prohibitions set forth in Table I of this Section, commercial establishments such
as bars, restaurants, cabarets, or performance venues shall conform to the following standards:
(1) There shall be no sound production device on the exterior of the establishment or inside the
establishment at a distance of less than ten feet to an open door or window towards which it is oriented,
without a permit.
(2) There shall be no outdoor gaming devices.
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240, Entitled “Noise,” in Order
to Incorporate Decibel Standards
ORDINANCE __-2014
Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Carried Unanimously.
WHEREAS, the City’s noise ordinance has long contained a useful, subjective standard for identifying
unreasonable noise; and
WHEREAS, that subjective standard continues to be applicable to many of the noise determinations
made by the City; and
WHEREAS, certain other noise determinations have posed difficult determinations for the City that could
be better resolved under an objective decibel-based standard for identifying unreasonable noise; and
WHEREAS, the City retained an outside consultant to assist in the drafting of a noise ordinance which, as
presented herein, retains the subjective standard and supplements it with a subjective standard; and
WHEREAS, it is the intent of the Common Council that the subjective standard herein be more commonly
applied by the City, and in particular its police officers, in the first instance, but that said officers may
select to employ the objective standard herein in the first or subsequent instance, as in their judgment
appropriate to a particular situation; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that, despite the continuing utility of the City’s
subjective standard for identifying unreasonable noise, certain noise determinations, and particularly
those situations of an ongoing or repetitive nature, may be better resolved under an objective decibel-
based standard for identifying unreasonable noise.
Section 2. Amendment. Chapter 240 of the Municipal Code of the City of Ithaca shall be amended in its
entirety so as to read as follows:
§ 240-1Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
§ 240-2Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good order by
suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud
noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental
to the environment. It is also the purpose of this chapter to allow all residents of the City to coexist
harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all
persons.
§ 240-3Definitions.
[Amended 9-1-2004 by Ord. No. 2004-14]
Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as
follows:
ANSI
The American National Standards Institute or its successor bodies.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using the A-weighted
network. The level so read is designated "dBA". All references to "decibel" shall be presumed to
mean "dBA" unless otherwise specified.
COMMERCIAL USE PROPERTY
Any premises containing businesses where sales, offices, professional services, or other commercial
use is legally permitted.
CONTINUOUS SOUND
Any sound that is not impulse sound.
DAYTIME HOURS
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
dBA
The A-weighted sound level in decibels.
DECIBEL
A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound
pressure of the sound to the sound pressure of a standard sound (0.0002 microbar); abbreviated
"dB."
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public calamity or work
necessary to protect persons or property from an imminent exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second, and of high intensity, with an abrupt
onset and rapid decay.
INDUSTRIAL USE PROPERTY
Any premises engaged in the manufacturing, processing, production, or shipping, of equipment or
materials, including storage yards, shall be considered industrial use, where legally permitted.
MOTOR VEHICLES
Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other
vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be
amended from time to time.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of activity (e.g.,
commercial and residential).
NIGHTTIME HOURS
The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day.
PERSON
Includes the singular and plural and also any individual; any property owner and/or lessee; any
firm; a corporation; a political subdivision; a government agency, including any agency of the City
of Ithaca; an association or an organization, including but not limited to officers, directors,
employees, agents and/or independent contractors thereof; or any legal entity whatsoever.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block)
from another residential or commercial property; (b) the vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined
herein, the vertical or horizontal boundaries between the two portions of the properties on which
different categories of activity are being performed.
RESIDENTIAL USE PROPERTY
Any property used for human habitation, unless habitation is a condition of employment,
including, but not limited to:
1. Private property used for human habitation;
2. Commercial living accommodations and commercial property used for human
habitation;
3. Recreational and entertainment property used for human habitation;
4. Community service property used for human habitation.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, instrumental music or any other
sound. As used in this chapter, "sound-amplifying equipment" shall not include warning devices
on authorized emergency vehicles or horns or other warning devices on any vehicle used only for
traffic safety purposes or authorized fire horns or other authorized emergency alarms.
SOUND-LEVEL METER
An instrument that conforms to ANSI S1.4-1983 or its successors.
SOUND SOURCE
Any person or thing from which sound is created.
UNREASONABLE NOISE
A level of sound that is injurious or annoying or disturbing to be heard.
§ 240-4Unreasonable noise prohibited.
[Amended 8-4-2004 by Ord. No. 2004-12]
A.
No person shall cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by
making unreasonable noise or by causing unreasonable noise to be made.
B.
For the purpose of implementing and enforcing the standard set forth in Subsection A of this section,
"unreasonable noise" shall mean any sound created or caused to be created by any person which either
annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which
causes injury to animal life or damages to property or business. Factors to be considered in determining
whether unreasonable noise exists in a given situation include but are not limited to any or all of the
following:
(1)
The intensity of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is associated with nature or human-made activity.
(4)
The intensity of the background noise, if any.
(5)
The proximity of the noise to sleeping facilities.
(6)
The nature and the zoning district of the area within which the noise emanates and of the area within 500
feet of the source of the sound.
(7)
The time of the day or night the noise occurs.
(8)
The time duration of the noise.
(9)
Whether the sound source is temporary.
(10) The volume of the noise.
(11) The existence of complaints concerning the noise from persons living or working in different places
or premises who are affected by the noise.
C.
This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will
authorize particular sound sources.
D.
"Person" defined. For the purposes of this section:
(1)
For an offense that occurs on any public property where permission was obtained to use that public
property, a "person" shall include the person or persons who obtained permission to utilize that property
for that event.
(2)
For an offense that occurs on private property, a "person" shall include any adult person or persons who
live in or on the property that is involved in the offense.
(3)
For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall
include the person or persons who are listed on the permit.
§ 240-5Purpose of article.
The provisions of this Article II complement and supplement the other provisions of this chapter and shall
be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions.
The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 240-
14 that will authorize particular sound sources.
§ 240-6Radios, television sets and similar sound-amplifying devices. Devices for sound amplification,
production and reproduction.
A.
It shall be unlawful for any person anywhere in the City to use or to operate any radio or receiving set,
musical instrument, phonograph, television set, any other machine or device for the producing or
reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner
such that noise from the device interferes with the comfort, repose, health or safety or members of the
public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25
feet or more from the source of such sound or interferes with the conversation of members of the public
who are 25 feet or more from the source of such sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B.
"Person" defined. For the purposes of this section:
[Added 8-4-2004 by Ord. No. 2004-12]
(1)
For an offense that occurs on any public property where permission was obtained to use that public
property, a "person" shall include the person or persons who obtained permission to utilize that property
for that event.
(2)
For an offense that occurs on private property, a "person" shall include any adult person or persons who
live in or on the property that is involved in the offense.
(3)
For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall
include the person or persons who are listed on the permit.
§ 240-7 Parties and other social events.
A.
It shall be unlawful for any person in charge of a party or other social event that occurs on any private or
public property to allow that party or event to produce noise in a loud, annoying or offensive manner such
that noise from the party interferes with the comfort, repose, health or safety of members of the public
within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet
or more from the source of such sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B.
For the purposes of this section, a "person in charge of a party or other social event":
[Amended 9-1-2004 by Ord. No. 2004-13]
(1)
That occurs on any public property shall include the person or persons who obtained permission to utilize
that property for that event.
(2)
That occurs on private property shall include the person who owns the premises involved and any adult
person who lives in or on the premises involved in such party or social event.
(3)
Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with
respect to such event.
C.
For any violation of this section where beer is being served from a keg on the premises, the person to
whom the keg is registered shall be presumed to be responsible for the violation, in addition to any
person designated in Subsection A or B above.
§ 240-8 Maximum Permissible Sound Levels.
In addition to prohibitions set forth elsewhere in this chapter, the following general
prohibitions regarding sound levels shall apply in determining unreasonable noise:
A. No person shall operate or cause to be operated any source of continuous sound from any use
occupancy in such a manner as to create a sound level which exceeds the limits set forth in the receiving
use occupancy category in Table I, when measured at or within the real property line of the receiving
property.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS
BY RECEIVING LAND USE
dBA
Residential1
7:30 a.m. - 10:00
p.m.
Residential2
7:30 a.m. -
10:00 p.m.
All Residential
10:00 p.m. –7:30 a.m.
Commercial
24 hours
Industrial
24 hours
OUTDOORS
60 65 50 65 75
INDOORS3
50 55 40 55 65
1. Residential receptor not within a commercial or industrial zone.
2. Residential receptor within a commercial or industrial zone, including but not limited to
those zones designated CBD, Waterfront, B, WDEZ, and Industrial.
3. The indoor permissible sound level limits only apply if the sound source is on or within the
same property as the receiving property, as in the case of a multi-dwelling unit building or a multi-
use property (e.g., sound generated within a commercial unit of a multi-use property building and
received within a residential unit of the same building). In addition, indoor measurements shall be
taken if the property line between the receiving property and the source property is a common
wall, floor or ceiling
(2) Impulsive Sound:
No person shall make, cause, allow or permit the operation of any impulsive source of sound within any
and all property in the city which has a maximum sound pressure level in excess of eighty (80) dBA, when
measured at or within the real property line of the receiver. If an impulsive sound is the result of the
normal operation of an industrial or commercial facility and occurs more frequently than four (4) times in
any hour the levels set forth in Table I shall apply.
B. Sources of Sound on Ithaca Primary Commons or Any City Park
In addition to those specific prohibition set forth in Table I of this Section, no person shall make,
cause, allow, or permit any source of sound on the Ithaca Primary Commons or any city park
that exceeds 70 dBA during daytime hours and 60 dBA during nighttime hours when measured
at a distance of 25 feet or more from the source.
C. Commercial establishments serving alcohol or food, or presenting live or recorded musical performances
In addition to those specific prohibitions set forth in Table I of this Section, commercial establishments such
as bars, restaurants, cabarets, or performance venues shall conform to the following standards:
(1) There shall be no sound production device on the exterior of the establishment or inside the
establishment at a distance of less than ten feet to an open door or window towards which it is oriented,
without a permit.
(2) There shall be no outdoor gaming devices.
§ 240-9 Other Prohibited Acts
A. Unamplified human voice.
(1) No person shall make, continue, or cause to be made or continued, any unreasonable noise by use of the
unamplified human voice. The unamplified human voice engaged at conversational levels shall be
exempt from this provision if such sound is not plainly audible beyond 100 feet or does not infringe on the
legitimate rights of others. Raised vocal effort, such as shouting, yelling or screaming, with intent to cause
public inconvenience, annoyance or alarm or recklessly causing a risk thereof or that serves no legitimate
purpose, when audible at distances greater than 100 feet, is prima facie evidence of a violation of this
provision. This shall not apply to spontaneous utterances such as laughter, exclamations of warning, or
sporting events.
(2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the
City zoned for residential uses, including all R and CR zones. The provisions of this section shall not be
construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting
events, parades, fairs, circuses and other similar licensed public entertainment events.
§ 240-9 B. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction
equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to
engage in any commercial or industrial activity in any manner so as to create unreasonable noise as
defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by
this section, additional factors to be considered shall include:
A. (1)
The necessity of the work being done.
B. (2)
The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise
minimize its adverse effects.
§ 240-10 C. Construction during nighttime hours.
A. (1)
Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful
for any person within a residential zone or within 500 feet of a residential zone to operate construction
equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam
or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated
official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that
may result if the violation continues.
B. (2)
This section shall not be deemed to prohibit:
(1) a.
Work of an emergency nature.
(2) b.
Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in
such premises; provided that, if any domestic power tool, including but not limited to mechanically
powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the
nighttime hours, no person shall operate such machinery so as to cause noise within a residential building
or across a residential real property boundary where such noise interferes with the comfort, repose,
health or safety of members of the public within any building or, outside of a building, at 25 feet or more
from the source of the sound.
§ 240-10. Motor Vehicles
A. No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less
effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of
any device or element of design incorporated in any motor vehicle for the purpose of noise control. No
person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in
any public space or public right-of-way.
B. No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is
labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
C No person shall operate any motor vehicle with an engine braking device engaged which does not have a
muffler in good working order.
D. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in
such a manner that it is plainly audible at distance of 25 feet in any direction from the vehicle between the
hours of 10:00 p.m. and 7:30 a.m.
E. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in
such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between
the hours of 7:30 a.m. and 10:00 p.m.
§ 240-11 Applicability of section.
Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to § 240-4.
§ 240-12 Severability
If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated.
§ 240-12Continuing noise.
It shall be unlawful for any person to make or continue or cause to be made or continued any loud,
unnecessary or unusual noise or sound which shall exceed the permitted noise levels specified in this
chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists
and of the penalties that may ensue.
§ 240-13Horns and alarms. Exceptions
This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police
Department and operated in accord with that authorization.
The provisions of this chapter shall not apply to:
A. Sound and vibration emitted for the purpose of alerting people in an emergency or in the
performance of the response to an emergency.
B. Sounds connected with any authorized carnival, fair, exhibition, parade or community celebration or
from any municipally sponsored celebration, event, activity or individually sponsored event where a permit
or other relevant permission has been obtained from the City.
C. The operation or use of any bell, chimes, or other instrument from any church, synagogue, temple,
mosque or school licensed or chartered by the State of New York, provided such operation or use does
not occur during nighttime hours.
D. Sounds created by any government agency by the use of public warning devices.
E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural equipment
when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and
9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 75
dBA at or within any real property line of a receiving residential property.
F. Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for
the purpose of snow removal.
G. Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar
alarm shall terminate its operation within five (5) minutes after it has been activated.
H. Sounds created by any governmental agency or railroad agency by the use of public warning devices
or created by public utilities in carrying out the normal operations of their franchises.
§ 240-14 Permit procedures for certain activities events of a temporary duration.
[Amended 9-1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06]
Except as provided for in § 157-8 of the City Code regarding the Ithaca Commons:
A.
Where a sound source exists, is planned, installed or intended to be installed or modified by any person
in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to
comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection D of
this section.
B.
Where any person uses or plans to use any sound-amplifying equipment in such a way that such
equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30
a.m. of the next day, such person must secure a permit pursuant to Subsection D of this section.
C.
Where any person uses or plans to use a public-address system that will make sound outside of a
building, such person must secure a permit pursuant to Subsection D of this section.
D.
Applications shall be submitted at least 72 hours in advance of an event. The application for the permit
shall provide the following information:
(1)
The reasons for such usage, including a demonstration why it is desirable or necessary that the sound
source involved be authorized by a permit pursuant to this section.
(2)
Plans and specifications of the use.
(3)
Noise-abatement and -control methods to be used with respect to the sound source involved.
(4)
The period of time during which the permit shall apply.
(5)
The name of the person(s) who is responsible for ensuring that the activity complies with any permit
issued for it pursuant to this section.
(6)
If required by the party issuing the permit, proof that notification of the application for the permit has been
given to each person reasonably expected to be affected by the noise, the content of such notification
and the manner in which such notification has been given, if the event is not a community-wide or public
event. The notification shall state that any person objecting to the granting of such permit may contact the
appropriate city department to which the application is being made to express his/her opposition to the
granting of the permit.
E.
The application shall be made to the Superintendent of Public Works, or his/her designee, in connection
with construction work on public rights-of-way or in parks; to the Director of Planning and Development, or
his/her designee, for all other construction projects; and for others to the Mayor or his/her designee. The
issuance of permits shall be discretionary, and a permit shall be issued only where the responsible official
determines that such permit is reasonable and necessary and will allow an activity that is consistent with
the general purposes of this chapter, as stated in § 240-2. When determining if a permit should be issued,
factors the official shall consider shall include but are not limited to the volume of the noise, the proximity
of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the
noise, and the impact of the noise on persons living or working in different places or premises who are
affected by the noise. Any permit granted shall state that the permit only applies to this chapter, and that
§ 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that “a
person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or
alarm or recklessly creating a risk thereof: . . . he makes unreasonable noise."
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]:
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
F.
In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the
Superintendent of Public Works, the Director of Planning and Development and the Mayor, or their
designees, shall have authority to impose such conditions as they determine are reasonable and
necessary on permits they issue pursuant to this section. Such conditions may govern factors which
include but are not limited to the time and location the involved sound source may be utilized.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]:
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
G.
The Superintendent of Public Works, the Director of Planning and Development and the Mayor or their
designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]:
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
§ 240-15 Variances
The Mayor or his/her designee may grant for a sustained duration an individual variance from the
limitations prescribed in this article whenever it is found, after a noticed public hearing before the Mayor,
or his/her designee and upon presentation of adequate proof, that compliance with any part of this article
will impose an undue economic burden upon any lawful business, occupation or activity, and that the
granting of the variance will not result in a condition injurious to health or safety.
A. Any variance, or renewal thereof, shall be granted within the requirements of division (A) of this
section and for time periods and under conditions consistent with the reasons therefore, and within
the following limitations:
1. If the variance is granted on the grounds that compliance with the particular requirement or
requirements will necessitate the taking of measures which, because of their extent or cost,
must be spread over a considerable period of time, it shall be for a period not to exceed such
reasonable time as, in the view of the Mayor or his/her designee, is requisite for taking of the
necessary measures. A variance granted on the ground specified in this division shall contain
a timetable for taking of action in an expeditious manner and shall be conditioned on
adherence to the timetable; or
2. If the variance is granted on the ground that it is justified to relieve or prevent hardship of a
kind other than that provided for in division (1) of this division (B), it shall be for not more than
one year.
B. Any person seeking a variance shall file a petition for variance and a $50 filing fee with the Mayor or
his/her designee. The Mayor or his/her designee shall thereafter conduct a noticed public hearing in
accordance with this section, accept documentary and testimonial evidence in accordance with
accepted administrative hearing procedures, and make a final decision regarding the granting of the
variance.
C. Written notice of the public hearing, the time and place of which shall be set by the Mayor or his/her
designee, shall be mailed by the petitioner at least 10 days prior to the hearing, with proof of mailing
provided to the Mayor at least 8 days prior to the hearing, to:
1. the owners as shown by the records of the County Assessor of lots comprising the site of the
variance and lots within 200 feet, excluding public right-of-way, of the site of the variance;
2. any neighborhood association if the site of the variance is within the neighborhood
association’s boundaries or within 200 feet of the neighborhood association’s boundaries,
excluding public right-of way.
3. any other person or entity that has filed with the Mayor a request to receive a notice of the
variance proceeding.
D. The notice of hearing shall set forth the name and address of the petitioner, the location of the site of
the variance, that the petitioner has requested a variance from this ordinance, the nature of the
requested variance, and that part of the ordinance that would be-waived if approved.
E. Following the hearing, the Mayor or his/her designee shall render a written final decision including
findings of fact and conclusions of law. The Mayor or his/her designee shall mail the decision to all
parties of record.
§ 240-16 Penalties for offenses; presumptions.
A.
Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed
$500 or imprisonment of not more than 15 days, or not more than 100 hours of community service or any
combination of such fine and imprisonment and not less than $100 or 25 hours of community service;
provided, however, that a person who shall violate any provision of this chapter after having been
convicted of a violation of any provision of this chapter within the preceding three years shall be
punishable by a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more than
125 hours of community service or, any combination of such fine and imprisonment and not less than
$200 or 40 hours of community service; and further provided that any person who shall violate any
provision of this chapter after having been convicted two or more times of a violation of any provision of
this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000 or by
imprisonment of not more than 15 days, or not more than 125 hours of community service, or any
combination of such fine and imprisonment, and not less than $300 or 50 hours of community service. For
any penalties of community service, the court may accept community service from people other than the
defendant whom the court deems appropriate, such as other residents of the premises or others who
choose to accept responsibility for the violation. In assessment of the above penalties, aggravating
factors shall include but not be limited to the presence of the following factors:
(1)
A common source of alcohol such as a keg;
(2)
A live band or disc jockey or other live entertainment;
(3)
Amplified sound emanating from speakers placed or directed outside of the building;
(4)
A charge to gain entrance into the premises or to consume alcohol;
(5)
A violation of § 250.8 (public urination) of this Code on the premises;
(6)
The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following
6:00 a.m.;
(7)
More than 25 guests on the premises, "guests" being defined for the purposes of this section as any
people who do not reside at the premises;
(8)
Any underage person or persons possessing or consuming alcohol on the premises, each underage
person constituting a separate aggravating circumstance;
(9)
More than one complaint made to the police about the noise, each complaint after the first being a
separate aggravating circumstance.
B.
For purposes of this chapter, for any offense that takes place on private property, if the person or persons
directly responsible for the activity that violates any provision of this chapter cannot be determined, then
all residents of the property on which the activity takes place shall be presumed to be responsible for the
violation.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not
affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance shall take effect June 1, 2015, and in accordance with law
after publication of notices as provided in the Ithaca City Charter.
7) Discussion
a) Community Investment Incentive Tax Abatement Program (CIITAP)
Mayor Svante will talk with the current IDA chair to choose a new committee
(task force?)
JoAnn Cornish stated the projects currently in the ‘hopper’ will follow the current
rules.
8) Review and Approval of Minutes
a) November 2014 Minutes -- Not Available
9) Adjournment
Alderperson Kerslick moved to adjourn; seconded by Alderperson McCollister.
The meeting was adjourned at 8:45 p.m.
City of Ithaca
Planning & Economic Development Committee
Wednesday, February 11, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ellen McCollister, Cynthia Brock, and
Josephine Martell
Committee Members Absent: None
Other Elected Officials Attending:
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Megan Wilson, Senior Planner,
Department of Planning, Building, Zoning, and
Economic Development; Jennifer Kusznir,
Senior Planner, Department of Planning,
Building, Zoning, and Economic Development:
Ari Lavine, City Attorney, Julie Holcomb, City
Clerk; and Debbie Grunder, Executive
Assistant, Department of Planning, Building,
Zoning, and Economic Development
Others Attending: Gino Leonardi, Robert Sarachan, Larry Beck,
and Tony Love
Chair Seph Murtagh called the meeting to order at 6:06 p.m.
1) Call to Order/Agenda Review
There were no changes made to the agenda.
2) Public Comment and Response from Committee Members
No one from the public was present to speak.
3) Special Order of Business
a) Special Presentation – Exterior Property Maintenance Ordinance
Larry Beck from the Rental Housing Advisory Council (RHAC) spoke on changing the
current process of fines, etc. People are upset with the current fine system. Changes
need to be made so that the individual who is responsible and who should be fined
takes care of it. The landlord should not incur the fine. Notification to the tenant or
property owner isn’t delivered in time to correct the violation before huge fines grow.
Gino Leonardi stated that the building department has been working on an electronic
system to generate on-site violations and send emails while there instead of returning to
the office and processing them then. He further stated they are trying to relieve
everyone from the slow and cumbersome process and still stay within the ordinance.
Leonardi stated he is ready to submit the contract, training will need to be done, and
within two months it should be good to go.
Alderperson McCollister stated that she doesn’t think that we are really that far apart on
what needs to be done and further thanked Tony Love who issues the violations and the
good job he has done in responding to the complaints she sends his way.
Alderperson Brock stated when rental property changes hands (tenants). There needs
to be a training process for the incoming tenant. The incoming tenant should not be
burdened by the pervious tenant’s violations. The fine should remain with the initial
violator not be transferred to the new tenant. She likes the idea of the new email
notification. The escalating of fines needs to be looked at. Land lords or property
owners who take care of their initial fines. If they violate the ordinance again, the new
fine should be added on to the history, but starts anew.
Alderperson Kerslick asked why the “notice” period went away and turned to a fine with
no “warning”. He further stated that the infractions that are being seen by the
Department of Public Works (DPW) as well as the Building Department should be on
the same page. They should be charging the same amount for their violations.
Robert Sarachan explained to the group that there are some that are continuous
offenders, but some are not. It is his view that they shouldn’t be handled the same way,
i.e., $25, $50, $200 up to $300, but instead stick to the initial $25 fine.
Tony Love stated that when he first started working for the City he asked why warning
notices didn’t go out first. It was determined that if it was done that way, an entire day
would be wasted just for issuing warnings and another day to return to check whether
the violation has been fixed.
Alderperson Brock stated it seems that most violations are trash cans. She suggested
that we handle it similar to the violation of sidewalk snow shoveling.
Chair Murtagh asked the group whether we change the ordinance or do we just add this
onto the current ordinance.
Gino Leonardi stated the change in the costs in fines would not be difficult to change
and/or add to the current ordinance, but any changes to the process of handling the
fines is a bigger issue.
Alderperson Martell stated that the notifications are a good idea. She would like to help
review the fee structure in order to come up with a doable solution.
Alderperson McCollister again stated that she feels we are all on the same page. She
too would like to reduce the third and fourth levels of fines.
Alderperson Kerslick concurred with Alderperson McCollister.
4) Announcements, Updates, and Reports
a) Comprehensive Plan
The Committee has finished their review of all the chapters. There are opened
houses scheduled for the public to attend to give feedback. There will also be a
survey available for those who cannot make it to the outreach open houses. The
committee will review all the feedback and generate the final version of the Comp
Plan by the end of the summer.
Cornish stated the second phase of the Comprehensive Plan will follow soon after.
5) Action Items – Voting to Send on to Council
a) Commons Legislation
Chair Murtagh asked whether any one has any questions on the changes to the
Commons legislation.
Alderperson McCollister stated that initially she was concerned about dogs being
allowed, but after re-reading it, she will take the Commons Committee
recommendations.
Alderperson Brock voiced her concerns of urine from the dogs on the new surface.
Brock also voiced the sanctions’ for outdoor dining.
Moved by Alderperson McCollister; second by Alderperson Kerslick.
Kerslick asked for a summary of the recommendations of the allowance of dogs on
the Commons.
City Clerk Holcomb stated that years ago the vendors on the Commons were split
50/50 and it’s still like that today.
Alderperson Kerslick would like to be sure that the pet owners be responsible when
bringing their dogs on the Commons.
City Clerk Holcomb stated that if dogs are allowed on the Commons, there will be
strict regulations they must follow.
Alderperson Brock moved to amend the ordinance to put the sentence on page 10
under section 157-10 regarding infant strollers, wheelchairs, etc. back in. Seconded
by Alderperson Kerslick. Passed unanimously.
Alderperson Kerslick commented on his concern of the possible noise issues.
City Clerk Holcomb stated that any event approved by the Commons Advisory Board
will be monitored and may be asked to leave or have their event shut down if they
don’t comply.
City Clerk Holcomb asked for the Committee’s thoughts regarding driving on the
Commons, outdoor dining, and trash collection.
Holcomb confirmed that any large, heavy vehicles would need a special permit.
“Table and Chair Creep” violations get one warning with a picture, second offense
250; ticket and $500 fine, up to $1,000.
Amendment on Veteran mobile vending to not have a fee charged was moved by
Alderperson McCollister; seconded by Alderperson Brock. The proposed
amendment failed 3-2.
Ordinance was unanimously passed.
b) City Watershed Conservation Easements
City Attorney Ari Lavine explained the reasons for this resolution.
RESOLUTION – City Watershed Conversation Easements Processes
Moved by Alderperson Martell; seconded by Alderperson McCollister. Passed
unanimously.
WHEREAS, a conservation easement is a set of legal restrictions that a property
owner can voluntarily place on her or his own land, limiting use and development of
the land forevermore, and;
WHEREAS, the City is currently constructing at substantial expense a new water
filtration plant which is fed by a creek, and;
WHEREAS, the quality of the water fed by said creek is substantially dependent on
the quality of water provided upstream of the plant by the creek’s watershed,
predominantly outside City limits, and;
WHEREAS, overdevelopment of the watershed in the long term would increase the
risk of water quality issues that could prove costly to remedy at the plant itself, and;
WHEREAS, the Common Council included in the Fiscal Year 2015 budget $20,000
in support of the initiative detailed in this resolution, and
WHEREAS, the Common Council desires to establish via this resolution more
specific procedures and guidelines for the disbursement of these funds and any
future funds similarly budgeted for the purpose of watershed conservation
easements; now therefore be it
RESOLVED, that as part of the annual budget proposal of the Department of Public
Works for the Water and Sewer Division, the Superintendent of Public Works, on
consultation with the Director of Planning and Development, make a
recommendation as to what amount, if any, is recommended for inclusion in their
annual budget for purposes of this program; and be it further
RESOLVED, that any funds so budgeted be evaluated for expenditure on
transaction costs necessary to the creation of conservation easements according to
the procedures and requirements set out in this resolution, and such other
procedures and requirements not in conflict with this resolution established by the
Director of Planning and Development and the Superintendent of Public Works; and
be it further
RESOLVED, that applications for expenditure of these funds on particular
conservation easement projects may be submitted by any member of the public,
though most commonly by the Finger Lakes Land Trust, to the Director of Planning
and Development or her/his designee; and be it further
RESOLVED, that the Director of Planning and Development or her/his designee
shall evaluate each application according to the minimum criteria specified in this
resolution, among others, and if said minimum criteria are satisfied, shall circulate
the application to the Superintendent of Public Works or his/her designee (expected
generally to include either or both of the City Watershed Coordinator and the City
Environmental Engineer), who in turn shall:
• add the application to an upcoming agenda of the Board of Public Works
occurring not sooner than 30 days in the future, and
• email or mail notice of the application to all members of the City’s Common
Council and to the Clerk of the Town or Village in which the contemplated
conservation easement would be created;
and be it further
RESOLVED, that the Director of Planning and Development, the Superintendent of
Public Works, and/or each of their designees make a recommendation to the Board
of Public Works as to their recommended action on the application under
consideration; and be it further
RESOLVED, that the Board of Public Works deliberate upon, and thereafter approve
or deny, each application for funding of transaction costs of a conservation
easement, and if approved specify the dollar amount, not to exceed $15,000 per
application, authorized for use on the application-specific project to be drawn from
the Council-budgeted funds available to this program at that time, abiding the
following minimum criteria, all of which must be satisfied in support of any approved
application:
1. The property owner(s) of the property impacted by the pending application is/are
willing participant(s) in the project.
2. An outside funding match to City's contribution to the application-specific project
is preferred, but not required.
3. Another party will be responsible for property management and stewardship of
any conservation easement created under this program.
4. The project is located in the watershed of Six Mile Creek upstream of the current
location of sixty-foot dam, and the conservation of the project is deemed by the
Board of Public Works, on the advice of relevant City staff, to be beneficial to
long-term water quality for the City's water supply.
and be it further
RESOLVED, that applications may be submitted seeking funding support of this
program for fee-title purchases (rather than easements) in support of conservation of
the City watershed, but that such applications shall, after being considered by the
Board of Public Works as specified in this resolution, require a vote of the Common
Council before any approval of the application shall be effective.
6) Action Items – Approval to Circulate
a) Repeal of Collegetown Parking Overlay Zone
Megan Wilson informed the Committee why this repeal is being initiated. The
CPOZ was originally adopted in 2000 to more adequately address the increased
parking demands of residents and employees, as identified in the 2000
Collegetown Parking Study. Since its adoption, transportation patterns and
parking demand in Collegetown have changed, and a 2012 parking study found
the CPOZ’s off-street parking requirements to be too high. The adoption of the
Collegetown Area Form Districts in 2014 reduced or eliminated off-street parking
requirements for many properties within the CPOZ. However, there are
approximately 145 parcels, primarily to the west of central Collegetown and in the
East Hill Historic District, that are still subject to the more stringent off-street
parking requirements. By eliminating the CPOZ, these properties will be subject
to the same off-street parking requirements as other R3 and B zones within the
city. The reduced parking requirements will also support the preservation of
green space in the East Hill Historic District by decreasing the amount of parking
that must be provided on site. In addition, it will remove conflicting language
between the CPOZ and the Collegetown Area Form Districts legislation.
Alderperson Kerslick moved circulation; seconded by Alderperson Martell.
Passed unanimously. This will be circulated and be brought back to the March
meeting.
b) Proposal to Amend Industrial Zone
Jennifer Kusznir explained to the Committee for this amendment. Because we
are limited in the Industrial Zone, we need to set a two-story limit.
Alderperson McCollister moved for circulation; Alderperson Brock seconded it.
Passed unanimously. This will come back to this Committee in March with a
public hearing.
c) Proposed Ithaca Gun Site Rezoning
Alderperson McCollister moved for circulation by; seconded by Alderperson
Kerslick. Passed unanimously.
This will be circulated and will come back in March with a public hearing.
7) Discussion
a) Work plan 2015
JoAnn Cornish added a few more items to the work plan.
1) Historic District Overlay Zone
2) Verizon Wireless Tower – Water and Sewer or Wastewater treatment Center.
3) Steep Slope Protection
Committee members were asked what they wanted to focus on or what was most
important to them.
Alderperson McCollister stated that Historic Ithaca does not recommend an
overlay zones for historic districts.
Bryan McCracken and Lynn Truame will be asked to join the Committee’s March
meeting when they are here for the properties that will receive historic
designation.
Alderperson McCollister commented the lack of Cornell interaction with the City.
Alderperson Brock stated she is very interested in the Steep Slope Protection
Ordinance under Item # C – New Ordinances.
Chair Murtagh stated his concern of the lack of increasing affordable housing.
Alderperson Brock expressed her concern of the lack of full-time benefitted jobs
in the City. More and more businesses are hiring part-time employees with no
benefits.
8) Review and Approval of Minutes
a) November 2014
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed
unanimously.
9) Adjournment
Chair Murtagh motioned to adjourn at 8:50 p.m.