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HomeMy WebLinkAboutTB Minutes 2025-03-24MEETING OF THE ITHACA TOWN BOARD March 24, 2025 This meeting will also be on ZOOM (ID 98910958241) and YouTube Link for your convenience. AGENDA 1. Public Hearing and Consider approval regarding a Noise Permit application - 132 Bundy Rd 2. Public Hearing and Consider adoption of a proposed local law to “Amend Zoning Chapters 270 & 271 of the Town of Ithaca Code to provide a Planned Development Zone for the Maplewood II development between Maple Avenue and Lena Street. 3. Consider Approval for Sewer Exemption for Game Farm Road 4. Committee Reports a) Budget b) Codes & Ordinances c) Personnel and Organization/ERC d) Planning e) Public Works f) Other/AdHoc • CWIO • Economic Development • Parks, Trails, Preserves & Recreation 5. Consent Agenda a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Set a public hearing regarding a local law – No Parking Signs on Updike Rd d. Approval to Ratify Promotional Appointment to Motor Equipment Operator- Corey 6. Review of Correspondence 7. Reports of Town Officials MEETING OF THE ITHACA TOWN BOARD March 24, 2025 The full video recording of this meeting is available on YouTube @TownofIthacaVideo MINUTES Present: Rod Howe, Supervisor; Board Members Eric Levine, Rich DePaolo, Margaret Johnson, Pamela Bleiwas, Susie Gutenberger and Rob Rosen Marty Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; Ashley Colbert, Deputy Town Clerk; Joe Slater, Director of Public Works; Kelly Anderson, Director of Finance; and David O’Shea, Director of Engineering, Howe opened the meeting at 4:30pm. 1. Public Hearing and Consider approval regarding a Noise Permit application - 132 Bundy Rd Public Hearing Opened at 4:30pm and Closed at 4:31pm with no public comment. Mr. DePaolo wanted clarification about the Town noise ordinance and if contingency dates are allowed. If the board should approve both dates even though the event will not occur on both dates. Mr. Mosely answered that yes you would approve both days but they would not operate simultaneously. Mr. DePaolo added that inviting the neighbors is a great strategy for avoiding complications, but it is not noise mitigation. Mr. Rosen supports this application. He thinks it is great that the applicant anticipated a potential problem with the noise ordinance for the birthday party and went through this process. Inviting everyone within earshot is a type of mitigation because the purpose of this ordinance is to avoid bothering people. He agrees with the way the code is written but for this application it is clear that it is only for one day. Mr. Levine supports the application because no one from the neighborhood has come forward in opposition. TB Resolution 2025 – 030: Approval of a Noise Permit for 132 Bundy Rd. – Ms. Donnely on May 2, 2025, from 6-9 p.m. Whereas, Ms. Donnely submitted a noise permit application to be permitted to hold a birthday party on Friday, May 2, 2025 from 6pm – 9pm (Rain Date May 3, 2025) with outdoor, amplified music, and TB 2025-03-24 (Filed 3/25) TB 2025-03-24 (Filed 3/25) Whereas, mitigation efforts are the band will be in the garage with the doors open and all neighbors have been invited and are aware of the event, now therefore be it Resolved that the Town Board approves the request for a noise permit as detailed above and in the application materials, with the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above event is necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and 2. The waiver is the minimal intrusion needed, because the amplification is needed and usual for outdoor festive events; and 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the music is for a specified time on a specified date, during daytime hours and notification was made to all neighbors by both the Town and the applicant with no comments submitted in opposition to the event. Moved: Rich DePaolo Seconded: Rob Rosen Vote: ayes – Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger and Rosen 2. Public Hearing and Consider adoption of a proposed local law to “Amend Zoning Chapters 270 & 271 of the Town of Ithaca Code to provide a Planned Development Zone for the Maplewood II development between Maple Avenue and Lena Street. Public Hearing Opened at 4:35pm and closed at 4:36 with no public comment. Ms. Randall explained to the board that there were some conditions the Planning Board made as part of the preliminary site plan approval. If the Town Board approves the plan development zone, the applicant will be able to continue with the Planning Board for final site plan approval. TB Resolution 2025 - 031: Adopt Local Law 4 of 2025 Amending Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Maplewood II Development Between Maple Avenue and Lena Street Whereas, Greystar, in association with Cornell University, is proposing to redevelop the former East Hill (Maple Hill) Apartments with new construction of up to 650 new units of housing for graduate and professional students in six new mid-rise, mixed-use buildings, on a +/- nine acre site located between Maple Avenue and Lena Street (Town of Ithaca Tax Parcel No.’s 63.-2-5, 63.-2-6, 63.-2-7.1, and 63.-2-7.3) that Cornell University would continue to own, and TB 2025-03-24 (Filed 3/25) Whereas, the Maplewood II Graduate and Professional Student Housing Redevelopment Project is consistent with the Town Comprehensive Plan, which includes the Maplewood II site in the “TND High Density” category on the Future land use / character map, intending the area for a mix of higher density housing types, “built to create an intentional neighborhood with linkages and proximity to services, employment, public transit, and recreational areas,” and Whereas, the Planning Committee reviewed draft PDZ language, prepared by Applicant Whitham Planning and Design, D.P.C. utilizing a form-based code approach based on the Maplewood I PDZ, at their meetings on June 20, 2024, July 18, 2024, August 15, 2024, and September 16, 2024, and referred the draft to the Town Board for referral to the Planning Board, and Whereas, the Town Board at their meeting on October 7, 2024 referred the draft PDZ language to the Planning Board for review and a recommendation, and on October 15, 2024 the Planning Board discussed and gave preliminary consideration to the PDZ language, and Whereas, the Planning Board reviewed the final draft Maplewood II PDZ local law at their meeting on December 17, 2024 and recommended that the Ithaca Town Board enact the proposed local law, and Whereas, notices were duly advertised in the Ithaca Journal for public hearings to be held by the Town Board on March 10, 2025 at 5:30 p.m. and March 24, 2025, at 4:30 p.m., respectively, to hear all interested parties on a proposed local law entitled “A Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Maplewood II Development Between Maple Avenue and Lena Street,” and Whereas, said public hearings were duly held on said dates and times at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Planning Board of the Town of Ithaca, acting as lead agency in a coordinated environmental review with respect to the project made a negative determination of environmental significance on December 17, 2024, and Whereas, the final draft Maplewood II PDZ local law was duly delivered to the Tompkins County Planning and Sustainability Department per New York State General Municipal Law §239-l et seq., and such Department responded in a January 10, 2025, letter from Katherine Borgella, Tompkins County Commissioner of Planning, pursuant to §239-l, -m, and -n of the New York State General Municipal Law, determining that the proposed action will have no significant county-wide or inter- community impact, and Whereas, the Town Board finds it is in the best interests of the Town and its citizens to adopt the local law; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. 4 of 2025 entitled “A Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide TB 2025-03-24 (Filed 3/25) a Planned Development Zone (PDZ) for the Maplewood II Development Between Maple Avenue and Lena Street,” and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Susie Gutenberger Seconded: Pamela Bleiwas Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger and Rosen 3. Consider Approval for Sewer Exemption for Game Farm Road Mr. Howe explained to the board that a presentation by Leslie Schill was made to the Public Works committee last week. The Public Works Committee is in favor of granting this sewer exemption. The project is 3,700 feet away from the nearest sewer main. TB Resolution 2025-032: Authorization for the Town Engineer to issue a Sewer Exemption for TMP 62.-2-6; New Cornell Field Hockey Facilities Whereas the Town Engineer received a request for a Sewer Exemption from the owner(s) of TMP 62.- 2-6; Cornell University, stating the financial difficulty to connect to municipal sewer due to the nearest sewer main(s) being approximately 3700+/- feet away from the proposed project and the need for upgrades of the downstream receiving sewer system. The applicant provided multiple cost estimates for various options identifying financial hardship, and Whereas the Public Works Committee discussed the request at its March 18, 2025 meeting and recommended the exemption be brought to the Town Board for consideration, now therefore be it Resolved, that pursuant to Town Code Section 214-6, the Town Board hereby finds that the applicant has shown unusual and extreme practical difficulties in connecting its proposed Field Hockey facilities with the public sewers for the reasons detailed in Cornell University’s request to the Town dated March 7, 2025, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the Town Code Section 214-5 public sewer connection requirement for TMP 62.-2-6 for the installation of a new, onsite wastewater treatment system associated with the new field hockey field facilities to be constructed on the properties, subject to the consent of the Tompkins County Health Department to this exemption. Moved: Pamla Bleiwas Seconded: Rod Howe Vote: ayes- Howe, DePaolo, Bleiwas, Levin, Johnson, Gutenberger and Rosen TB 2025-03-24 (Filed 3/25) 4. Committee Reports a) Budget: Mr. Levine – The committee set meeting dates; Ms. Anderson has produced a summary budget sheet with comparisons to the prior year. The Town is on track. Various town funds look in good order and sales and mortgage tax look in good order. A shortfall in mortgage tax is being made up for with interest income. Interest rates have stayed higher than predicted. Mr. DePaolo wanted clarification on the summary budget sheet. Ms. Anderson explained the breakdown of the report. b) Codes & Ordinances: Mr. Rosen- Continuing review of new subdivision regulations. A decision was made to put the procedure for dedicating roads and other improvements to the town into the standard design manual so it can be updated as necessary. It is easier to make updates this way. It was also discussed whether temporary structures should be allowed in buffer zones of the planned development units. In addition to the lots, there will be buffer zones between new subdivisions and existing neighbors who may be on regular residential lots. There is a question of whether we should let people put up tents or other temporary structures in these buffer zones. These zones may be 25 feet wide. It was decided that temporary structures are fine. The committee is now working its way through definitions and are almost done. It will then be turned over to staff for completion. Next meeting the sheds ordinance will be looked at. There have been a lot of requests for variances, and this may need to be addressed. c) Personnel and Organization/ERC: Ms. Bleiwas explained the committee spent most of the time talking about the Town Board Protocol and Procedures Manual. The committee is going through it chapter by chapter and updating it to make it clearer, easier to digest etc…Further discussions on increasing wages to keep up with living wage standards in Tompkins County. d) Planning : Mr. DePaolo- Committee discussed some modifications to the short-term rental ordinance. Potentially doing away with the owner occupancy requirement in conservation zones. There was a discussion of a stipulation that this would be made available to people who already owned their property at the time the law was amended. They did not want to usher in some kind of gold rush for hospitality properties in these zones. The committee also looked at the flood damage prevention local law. Some language has been drafted to define critical facilities. The DEC gives municipalities the language for the local law that the Town is not allowed to change. Therefore, not much can be done with it. Also, there was discussion on requiring PILOTs of community solar projects. This would affect future projects only and may have to be done via Local Law. e) Public Works: Mr. Howe- Sewer exemption request was discussed. There is also a project on West King Road. Joe Slater is putting in a request to the State to extend the school speed zone. f) Other/AdHoc  CWIO: Ms. Johnson- Presentation from Chief Water Assessment and Implementation Laura Townley regarding grant offerings coming up. The Cayuga Lake watershed manager gave a report about his ongoing work. He was unable to continue his road ditch and culvert assessment due to ice. CWIO is increasing dues to pay it’s staff a living wage. Public comment period has ended for new water quality standards.  Economic Development  Parks, Trails, Preserves & Recreation TB 2025-03-24 (Filed 3/25)  Mr. O’Shea told the Board that the City of Ithaca is currently doing emergency repairs to a point interceptor. It is quite costly because it is an emergency, and it is actively leaking under the railroad tracks. Since the railroad is involved, they have quite a fee for permitting and review. The total estimated cost is $210,000. Town’s share would be $90,000. Mr. Howe conferred with Ms. Anderson that we do have that fund balance. There will be a bill coming to the Town once they get the process formalized. 5. Consent Agenda a. Approval of Town Board Minutes b. Approval of the Town of Ithaca Abstract c. Set a public hearing regarding a local law – No Parking Signs on Updike Rd d. Approval to Ratify Promotional Appointment to Motor Equipment Operator- Corey TB Resolution 2025 -033: Adopt/Approve Consent Agenda Items Resolved that the Town Board adopts/approves the following consent agenda items: a. Town Board Minutes b. Town of Ithaca Abstract c. Set a public hearing regarding a local law No Parking Signs on Updike Rd d. Approval to Ratify Promotional Appointment to Motor Operator - Corey Moved: Rod Howe Seconded: Margaret Johnson Vote: ayes- Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger and Rosen TB Resolution 2025 - 033a: Approval of Minutes – Town Board Resolved that the minutes of March 10, 2025 are approved as submitted with any non-substantive changes made. TB Resolution 2025 - 033b: Approval of Town of Ithaca Abstract No. 6 for FY-2025 Resolved that the Town Board approves the payment of the following audited vouchers in total for the amounts indicated: VOUCHER NOS. 2024 1306 – 1308 2025 213 - 254 General Fund Town Wide 64,194.94 General Fund Part-Town 15,225.63 Highway Fund Town Wide DA 204.24 Highway Fund Part Town DB 3,079.92 Water Fund 16,641.03 Sewer Fund 1,368,782.59 Capital Projects 53,287.54 Risk Retention Fund Fire Protection Fund 52,335.47 TB 2025-03-24 (Filed 3/25) Trust and Agency Debt Service TOTAL 1,573,751.36 TB Resolution 2025 - 033c: Set a Public Hearing Regarding a Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled “Vehicles and Traffic,” to Prohibit Parking on the West Side of Updike Road Beginning 1,920 feet South of its Intersection with Coddington Road and Proceeding Southwest to the Town of Ithaca/Town of Danby Municipal Border Resolved, that the Ithaca Town Board will hold a public hearing at its meeting beginning at 5:30 p.m. on April 14, 2025, for the purpose of considering a proposed Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled “Vehicles and Traffic,” to Prohibit Parking on the West Side of Updike Road Beginning 1,920 feet South of its Intersection with Coddington Road and Proceeding Southwest to the Town of Ithaca/Town of Danby Municipal Border, at which time all persons interested in the proposed local law shall be heard. TB Resolution 2025 – 033d: Ratify Promotional Appointment to Motor Equipment Operator Whereas, there are currently a vacant Motor Equipment Operator position due to a resignation in 2024; and Whereas, the Director of Public Works/ Highway Superintendent has determined through interviews and evaluation that Adam Corey, Laborer, possesses the necessary knowledge, skills, and ability to satisfactorily perform the duties of the Motor Equipment Operator position; and Whereas, the Director of Public Works/ Highway Superintendent promotionally appointed Adam Corey to the Motor Equipment Operator position, effective March 23, 2025; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Director of Public Works/ Highway Superintendent’s regular promotional appointment of Adam Corey as full time Motor Equipment Operator for the Public Works Department, effective March 23, 2025; and be it further Resolved, this is a 40 hour a week position, at the hourly wage of $30.14, in Job Classification “III”, with no change to their full-time benefits; and be it further Resolved, if the said successfully completes the mandatory eight (8) week probationary period there will be no further action required by the Town Board. 6. Review of Correspondence Mr. Howe stated that correspondence was larger than usual. There was a proposal to change our Town Code as it relates to the telecommunications applications. Legal counsel advised that the current code gives us the flexibility that we need. Mr. DePaolo added that the request was to modify the code to require supplemental investigations when a telecom company comes in and claims a significant gap in coverage. Looking at the ordinance, the reviewing body can request of our consultant. At this point TB 2025-03-24 (Filed 3/25) requiring this can be inefficient if the governing body does not want or need it. They can always request it. Keeping the ordinance the way it is written allows for more flexibility. 7. Reports of Town Officials Rich DePaolo: After three years of waiting from the City Attorney’s office, they leaned on Charter Communications to put public access channels on their streaming. It was arbitrarily discontinued a couple of years ago. Now subscribers can get these channels for free. Mr. Howe: Community Choice Aggregation is moving forward and making good progress. 8. Executive Session to discuss acquisition of a property where disclosure could impact price. TB Resolution 2025-034: Authorization for Town Supervisor to Accept NYS Parks Offer for the purchase of properties along State Route 13/Elmira Road for the future Extension of the Black Diamond Trail Resolved that the Town Board Authorizes the Town Supervisor to execute any, and all, document associated with the State Parks offer of $367,500.00 for the purchase of the following tax parcels 35.-1-10.11, 35.-1-18 and 35.-1-25.2 for the extension of the Black Diamond Trail. Moved: Rod Howe Seconded: Pamela Bleiwas Vote ayes- Howe, DePaolo, Bleiwas, Levine, Johnson, Gutenberger and Rosen Adjourn 5:22pm Submitted by Ashley Colbert Deputy Town Clerk