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Home My WebLink AboutCOC Packet 2021-10-10 DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us 11/03/2021 TO: Codes and Ordinances Committee: William Goodman, Chair Patricia Leary Eric Levine Eva Hoffmann Bill King Yvonne Fogarty FROM: Christine Balestra, Planner RE: Next Codes and Ordinances Committee Meeting – November 10, 2021 The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday, November 10th at 5:30pm via Zoom (details on the next page). A quorum of the Town of Ithaca Town Board may be present at this meeting. However, no official Town Board business will be conducted. The following items are attached: • Meeting minutes from the October 13, 2021, COC meeting • Maps that show 250-feet and 1500-feet radius setbacks from all residences The committee will also review the “Selected Provisions from the Town of Fishkill Draft Telecommunications Law” (drafted by Andrew Campanelli) that was included in the October 2021 COC mailout. If you cannot attend this meeting, please notify Christine Balestra as soon as possible at (607) 273-1747, (607) 227-0956, or cbalestra@town.ithaca.ny.us. cc: Susan H. Brock, Attorney for the Town Susan Ritter, Director of Planning Marty Moseley, Director of Code Enforcement Abby Homer, Administrative Assistant Paulette Rosa, Town Clerk Town Administrative staff (email) Town Board Members (email) Town Code Enforcement staff (email) Town Planning staff (email) Town Public Works staff (email) Media TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE 215 North Tioga Street Ithaca, New York 14850 (607) 273-1747 PLEASE NOTE: Members of the public who wish to attend the meeting via Zoom may call in on a cell phone or landline at (929) 436-2866 and enter the Meeting ID: 675 059 3272; or may view the meeting by computer at https://zoom.us/j/6750593272. Once on Zoom, click on “Join A Meeting” and enter the Meeting ID: 675 059 3272. The meeting will also be recorded on the Town of Ithaca YouTube Channel. Meeting of November 10, 2021 – 5:30 P.M. AGENDA 1. Member comments/concerns. 2. Minutes from October 13, 2021, COC meeting. 3. Discussion of Update Town of Ithaca Telecommunications Law –review of attached meeting materials. 4. Other business. Town of Ithaca Planning Department November 3, 2021 1 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of October 13th, 2021 – 5:32 pm –Zoom, and live on You Tube] Draft Minutes Members and Staff Present: Bill Goodman, Chair, and Eva Hoffmann, Bill King, Yvonne Fogarty, Pat Leary, and Eric Levine - Members. Marty Moseley, Director of Code Enforcement; Chris Balestra, Planner; Susan Brock, Counsel - Staff. Bill G. explained the meeting setup for the participants online via Zoom and You Tube. The comments received via email were noted as received, shared with the committee and Town Board. The agenda items were read, with Bill G. adding the public comment section to the beginning of the meeting. Public Comments (time limit 2 ½ minutes per person): -Dennis Anello voiced concerns of health and the political affects around the 5G technology. -Wendy voiced health concerns related to 5G. -Irina urged the town to protect the town with strict codes from predatory telecoms by including rational and adequate setbacks. -Andrew Molnar voiced health concerns over the 5G cell tower radiation, citing scientific studies and court action results. -Marie Molnar recommended minimizing numbers of towers using large (1640-feet) setbacks from occupied areas. -Sasha & Shawn voiced concerns about overall quality of life with increased over development. -Molly urged at least a 1640-feet setback between occupied areas and tower areas to safeguard the Town from potential harm. -Adam advocated for the 1640-feet setbacks due to health risks. -Danny voiced health concerns over wireless communication antennas and towers. -Lisa encouraged strict standards and a setback of at least 1500-feet from occupied areas for health and safety reasons. -Fazillee echoed all the health concerns noted and encouraged the enactment of strict codes around 5G and large setbacks. -April urged the setback distance to be 1640 -feet due to health concerns focused on homes and schools. -Allison recommended strict codes and 1640-feet set back between telecommunication antennas, homes, and schools. -Lori thanked the committee for the collaborative work on regulating the incoming of new technology and urged the 1640-feet spacing for health reasons. -Joe recommended the 1640-feet setback distance due to health and safety. -Lydia expressed health concerns over the 5G technology and supported a 1640-feet setback. The public comments concluded at 6:25 pm. Bill G. explained that after the committee makes a few more changes over the next couple months, the draft law will be recommended to Town Board and a public hearing would be held prior to adoption. 2 2. Member comments/concerns. There were none. 3. Minutes from August 25, 2021, COC meeting. The first draft was circulated along with a draft including the minor changes recommended by Suisan Brock. All changes were accepted. Yvonne moved to approve the minutes as amended and Bill K. seconded. All members voted in favor of approval. 4. Discussion of Update Town of Ithaca Telecommunications Law. Bill G gave an update on the City of Ithaca committee discussions related to the city draft Telecommunications law, specifically the setback provisions from residences, schools, and day care facilities. The original was 50 feet and now is 250 feet - attempts were made to increase the setback further but were not successful. The final action was before the full City Council and was passed with the setback between small cell facilities and residences and schools remaining at 250 feet; and the distance between small cell facilities being at least 1500 feet. Chris Balestra shared her screen to show viewers quick maps she created using the Tompkins County GIS online mapping system. The maps showed a popular neighborhood intersection in the town, with approximate radial buffers of 250 feet, 1500 feet, and 1640 feet around the intersection, so viewers could see what the various distances would look like. Yvonne questioned the need for the 5G technology at all, stating the existing seems sufficient. She recommended setting the law up with the farthest setback of 1640 feet, since a variance could be sought if the applicant could prove there was a gap in coverage and a need for 5G. Eva agreed with Yvonne, the largest proven safe distance, based on the NY Times article written on 10/20/2020, updated 9/14/2021 and shared with the committee recently, would be best for the town. Susan Brock appreciated the public comments but reiterated that the town cannot legally regulate based on health concerns. The town can regulate based on aesthetics and clarified that if the goal were to minimize the number of facilities, then the distance regulation can be based on aesthetics. Pat also recommended the largest possible setback between towers in terms of visual clutter. She noted the uniformity and quantity of public comments recommending the 1640-foot setback, as opposed to 250 feet. Bill K. was also in favor of larger setbacks. Eric did not have anything to add. Bill G made a motion to go into closed session at 6:55 pm to seek advice of Counsel. Motion was seconded by Yvonne, and all were in favor. Bill G made a motion to resume to open session at 7:22 pm. Motion was seconded by Eric, and all were in favor. The committee asked staff to create more formal maps that illustrate the radial setbacks from residences at 250-feet and at 1500-feet. Staff will include these maps in the next meeting mail out. 3 5. Other business. • Next meeting: November 10th, 2021 • Agenda: -Discussion of maps that show a 250-foot setback from all residences and a 1500-foot setback from all residences. -Town of Fishkill Telecom law excerpts-Susan Brock explained this newly drafted law is being considered for approval by the City of Ithaca on 10/20/2021 with a public hearing. Excerpts were chosen for committee review. -The ADA memo to the COC was also noted as needing review and discussion. The meeting adjourned at 7:30 pm.