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HomeMy WebLinkAboutEnvironmental & Misc InfoCITY OF ITHACA 10Ei EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF CONSERVATION ADVISORY COUNCIL F N 2 1 1988 7 L DEPARTMENT OF Glen Goldwyn Jan. 21, 1988 Community Development Administrator City Hall, 108 E. Green St. Ithaca, NY 14850 TELEPHONE: 272 -1713 CODE 607 Dear Glen: At the meeting of the Conservation Advisory Council last night, we gave_ unanimous, but conditional, approval to the negative declarations on the EAFs for the city ,s sale of the City Hall Annex and of Fire Station #5. The condition is that the following statement be included, either with the neg. dec. at the end, or under item #5 (project descrip- tion): An EAF must be done on any proposed use, during the design review process. � -0, .4,— � ­04--, a,,, k-7 uv-�_4 Our feeling was that, given the fact that under the B -3 zoning which applies to both properties, parking and traffic have the potential for having major impacts. For example, a 100 -foot structure with no off - street parking could be permitted in an already congested area. This is why we felt an EAF should be required as part of the neg. dec. In reviewing the EAF s for the alienation process, we - -and Mr. Lockrow from the state DEC to whom Helen Jones and I talked at length - -felt that the EAF should state what alternative uses the various sites might be put to, after the alienation. It was not enough to say that the alienation itself would have no impact: this would not meet the H.O.M.E.S. test of "taking a hard look" at potential impacts and identifying relevant areas of environmental concern. At the CAC meeting last night we discussed this, but since we did not feel qualified at this point to say what uses would be acceptable, we did not include this in our recommendation. However, the city probably does, have certain things in mind that it feels would be acceptable 'potential uses for the sites, and perhaps it would make sense to state what these are in the EAF s. Feel free to call me if you have any questions. Sincerely, Betsy Darlington, Chairman cc: Dick Bcoth Carolyn Peterson Mayor Gutenberger -An Equal Opportunity Employer with an Allirmative Action Program- CITY SHORT ENVIRONMENTAL ASSESSMENT FORM 1. Project Information /to be completed by applicant or DroJect snnngn r_ _ 1. Applicant /Sponsor I 2. Project Name CITY HALL CITY OF ITHACA SALE OF SURPLUS PROPERTY/ ANNEX 3. Project Location: Corner of Cayuga & GReen Streets 123 South Cayuga Street 4. Is Proposed Action: G New O Expansion O Modification /Alteration 5. Describe Project Briefly: The project involves the City's sale of a single, four story annex to Ithaca's City Hall. 6. Precise Location Road Intersections, Prominent Landmarks, etc., or Provide Map) The property is adjacent to Ithaca's City Hall at the corner of Cayuga & Green Streets. 7. Amount of Land Affected: Initially Acres or Sq. Ft. Ultimately Acres or Sq. Ft. 8. Will Proposed Action Comply With Existing Zoning or Other Existing Land Use Restrictions? Yes O No If No, Describe Briefly 9. What is Present Land Use in Vicinity of Project? 0 Residential O Industrial O Agricultural Vacant, Most Recently O Parkland /Open Space 0 Commercial XO OtheiOccupied as Public. Describe: Most Recent Tenent Tompkins County DSS. 10. Does Action Involve a Permit /Approval, or Funding,-Now or Ultimately, From Governmental Agency (Federal, State or Local)? G Yes *� No If Yes, List Agency Name and Permit /Approval Type property is to be sold by the Ithaca Urban Renewal Agency through a disposition procedure to be approved by Common Council 11. Does Any Aspect of the Action Have a Currently Valid Permit or Approval? G Yes O No If Yes, List Agency Name and Permit /Approval Type Ccmwn Council authorized the sale of the property at their October 1987 meeting. 12. As a Result of Proposed Action Will Existing Permit /Approval Require Modification? None identified. Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Glenn M. Goldwyn, Administrator Applicant /Sponsor Name Ithaca Urban Renewal Agency Date 1/15/88 Signature SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF INSTRUCTIONS: -` In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project _ -- and the likely impacts of the action. - Environmental Assessment I. Will project result in a large physical change to the project site or physically alter more than one acre of land? ........................... ............................... Yes 2. Will there be a change to any unique or unusual land form found the on site or to any site designated a unique natural area or critical environmental area by a local or state agency? ....................... ............................... Yes 3. Will project alter or have an effect on an existing waterway ?.... Yes 4. Will project have an impact on groundwater quality ?.. •••• Yes 5. Will project affect drainage flow on adjacent sites ? Yes ...:......... 6. Will project affect any threatened or endangered plant or animalspecies? ................. ............................... Yes 7. Will project result in an adverse effect on air quality ?......... Yes 8. Will project have an effect on visual character of the community or scenic views or vistas known to be important to thecommunity? ................... ............................... Yes 9. Will 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 ? ..................... ............................... Yes 10. Will project have an effect on existing or future recreational opportunities? ................... ............................... Yes 11. Will project result in traffic problems or cause a major effect to existing transportation systems ? ....................... Yes 12. Will project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion ? ............... Yes 13. Will project have any impact on public health or safety ?......... Yes 14. Will 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 ? ............... Yes 15. Is there public controversy concerning the project ? .............. Yes X No X No X No X No X No x No X No X No X No X No X No X No X No X No x No If.any question has been answered Yes a completed Long Environmental Assessment Form (LEAF) i Assessment SIGNATURE: Glenn M. Goldwyn Administrator TITLE: Ttha�a [[rhan RenesoI Agency REPRESENTING: City of Ithaca DATE: 1/15/88 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM 1. Project Information /to be completed by aDDlicant or nrniPrt cnnncnrr 1. Applicant /Sponsor 2. Project Name Fire Station City of Ithaca Sale of Surplus Property #5 3. Project Location: 136 West State Street, Ithaca, New York 4. Is Proposed Action: New O Expansion O Modification /Alteration 5. Describe Project Briefly: The project involves the City sale of the above site. 6. Precise Location Road Intersections, Prominent Landmarks, etc., or Provide Map) The property is located at 136 West State Street, on the north side of the block between Cayuga and Albany Streets. 7. Amount of Land Affected: One building parcel. Initially Acres or Sq. Ft. Ultimately Acres or Sq. Ft. 8. Will Proposed Action Comply With Existing Zoning or Other Existing Land Use Restrictions? Y� Yes O No If No, Describe Briefly 9. What is Present Land Use in Vicinity of Project? 0 Residential O Industrial 0 Agricultural OParkland /Open Space Commercial 4- XO Other Most recently in Public Describe: Use as a fire station. 10. Does Action Involve a Permit /Approval, or Funding, Now or Ultimately, From Governmental Agency (Federal, State or Local)Th , roperty t6 be be sold by If Yes, List Agency Name and Permit /Approval. Type the Ithaca Urban Renewal Agency through a disposition procedure to be approved by Carrion 11. Does Any Aspect of the Action Have a Currently Valid Permit or Approval? G Yes O No If Yes, List Agency Name and Permit /Approval Type e Common Council has authorized the sale of the property at their October 1987 meeting. 12. As a Result of Proposed Action Will Existing Permit /Approval Require Modification? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Glenn M. Goldwyn, Administrator Applicant /Sponsor Name Ithaca Urban Renewal Agency Date—* 1/15/88 Signature SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF .INSTRUCTIONS: In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. Environmental Assessment I. Will project result in a large physical change to the project site or physically alter more than one acre of land? ............................ ............................... Yes X No 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? .......................... ............................... Yes X No 3. Will project alter or have an effect on an existing waterway ?.... Yes X No 4. Will project have an impact on groundwater quality ? .............. Yes X No 5. Will project affect drainage flow on adjacent sites ? ...:......... Yes X No 6. Will project affect any threatened or endangered plant or animalspecies? .................. ............................... Yes X No 7. Will project result in an adverse effect on air quality ?......... Yes No 8. Will project have an effect on visual character of the _x community or scenic views or vistas known to be important to thecommunity? ................... ............................... Yes X No 9. Will 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? ........................ ............................... Yes X No 10. Will project have an effect on existing or future recreational opportunities? ................... ............................... Yes X No 11. Will project result in traffic problems or cause a major effect to existing transportation systems ? ....................... Yes X No 12. Will project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion ? ............... Yes X No 13. Will project have any impact on public health or safety ?......... Yes X No 14. Will 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 ? ............... Yes X No 15. Is there public controversy concerning the project ? .............. Yes X No If.any question has been answered Yes a completed Long Environmental Assessment Form (LEAF) is nec nary. Glenn M. Goldwyn Administrator PREPARER'S SIGNATURE: TITLE: Tthaca iTrhan Renewal Aa ncy REPRESENTING: �j�¢ DATE:1/15/88 a INITIAL APPLICATION FOR APPROVAL OF SUBDIVISION OF PROPERTY IN THE CITY OF ITHACA Applicants shall submit.this completed form, together with all other applicable'supporting information called for in §31.24 B through D, to the Board of Planning and Development not later than ten days before the date of a regular Board meeting, in order for consideration - - - -of Conditional Approval at that meeting. 1. Name /address /phone number(s) of owner(s) or property /properties to be subdivided: J6/HA) C 1 /11/a2G,92E'7- / C<.y/,) ES 07 z73 h�3a 5 _304 '4 �'1 S7 _Z7__/101/9C109 /\/ • Y / y' 8S o 2. Location /street number, assessment parcel number, and present use of properties to be subdivided: I- != B vo Y9C9Af7- Pd96pE27-v 3.. Reason for subdivision (check one): Adjust lot line with neighbor. Permit additional building on existing lot. Create one or more new building lots. Other: SALE of V/�C/dAST F�igbPE27- y 4. List any special feature of properties as existing (steep slopes, views, streams, trees, buildings or other improvements); how will subdivision affect them? 5. Describe how subdivision will affect adjoining properties: 9.p%7_61JUfhjC Prtvn�52TJES Al 2E 2 IF- SJQFJ7iq� 6. Indicate intentions for use and development of the properties involved, and any permits now pending for the same. ?if /S /,i r , S.91, f PuQ�oa �f_S 7. Describe any work the proposal will require from the City: 8. Attach a map showing the proposed subdivision of the properties involved, to reasonably accurate scale, on 81 x 11 paper. Show property line dimensions and area (acres or square feet) for existing and proposed lots. This map is not required to be as accurate as the Preliminary Subdivision Plat called for by §31.24, but it may be a reduced copy, if readable. I hereby certify to the Board of Planning and Development of the City of Ithaca that the above information, and supporting information submitted with respect to this application, is true and accurate, and that the Board will be informed of any changes thereto in a timely fashion. Notarized signature of applicant: Date: �Ait/ Zd /y8k� �w =Y i Tc:r.: Doc. 21, 19 �� Fri 'JAN 2 01988 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM 1. Project Information /to be completed by aoolicant nr nrniar+ ennn�.,M -- 1. Applicant /Sponsor 2. Project Name T a,q N C, c L N /n/E S C 4 Y n/�FS s 16 3. Project Location: A1,9 1_4 F 2 .QL ✓ D . 4. Is Proposed Action: New O Expansion O Modification /Alteration 5. Describe Project Briefly: 3.St V�c�•�T hiC.�ES , 6. Precise Location Road Intersections, Prominent Landmarks, etc., or Provide Map) 7. Amount of Land Affected: Initially 3.S Acres or Sq. Ft. Ultimately Acres or Sq. Ft. 8. Will Proposed Action Comply With Existing Zoning or Other Existing Land Use Restrictions? Yes O No If No, Describe Briefly 9. What is Present Land Use in Vicinity of Project? Residential O Industrial 0 Agricultural IeN Parkland /Open Space 0 Commercial O Other Describe: 1% -O Al 'L.5 10. Does Action Involve a Permit /Approval, or Funding, Now or Ultimately, From Governmental Agency (Federal, State or Local)? O Yes No If Yes, List Agency Name and Permit /Approval Type 11. Does Any Aspect of the Action Have a Currently Valid Permit or Approval? CG 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_, . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IW U JAN 2 2' 1988 TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponso ame JQ1/A/ C, C4 }yN�S Date Signature r INSTRUCTIONS: SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than one acre of land? ............................. ............................... Yes X-No 2. 3. 4. 5. 6. I a 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? .......................... ............................... Yes No Will project alter or have an effect on an existing waterway ?.... Yes Will project have an impact on groundwater quality ? .............. Yes Will project affect drainage flow on adjacent sites ? ............. Yes Will project affect any threatened or endangered plant or X animalspecies? .................. ............................... Yes Will project result in an adverse effect on air quality ?......... Yes Will project have an effect on visual character of the No community or scenic views or vistas known to be important to i( thecommunity? ................... ............................... Yes Will project adversely impact any site or structure of operation during construction or after completion ? ............... historic, pre - historic, or paleontological importance or 13. any site designated a local landmark or in a landmark Yes No district? ........................ ............................... Yes X No X No X No 11. X No K No Yes >( No �C No i( No 10. Will project have an effect on existing or future recreational opportunities? ................... ............................... Yes 11. Will project result in traffic problems or cause a major -4—No effect to existing transportation systems ? ....................... Yes >( No 12. Will project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion ? ............... Yes No 13. Will project have any impact on public health or safety ?......... Yes No 14. Will 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 ? ............... Yes No 15. Is there public controversy concerning the project ? .............. Yes i< No If•any question has been answered Yes a completed Long Environmental Assessment Form (LEAF) is essary. PREPARER'S SIGNATURE: TITLE: 6W V6-2 REPRESENTING: A— DATE: JqA/ fl [ j U JAN 2 21988 i :r a o O J - a, --Li k 0 � w tr 00 V V • r �� "e s .d iota T V t y � c • sir �'�`�. � 0 yam°'} C K� .► �'L�+ I� z • � a= o. i t c �I y � c • sir �'�`�. � 0 yam°'} C � .► �'L�+ I� z • � a= o. c �I c d • g 'r \ r h � � Q° b QC Q .n c a c to " J s - .3 � �{t+.p'h'�ii�RS rx •j�� "; �.3i1 AL Q y K e w b iL � v IV Q9\ O r 4.'d /tom_ h � � Q° b QC Q .n Ott C3> cn 0 m ow 0 > kit q m M VI n c 'J Z k u j it 70 ri CN 1 -4 0 A 0 n 0 -n cn m m tt 4 0 it m it Az� Qh- - - - - - -- - - - 11 J, 0- e L L T o NYS ROUTE 13 (D 10 G 0 G) 4 z IT: 1'r'- v k, in oi ;< iii kit At ri C Kit Qj V 9v t? 4 '1 i k '5�' D) � i 1� I k'� N� 4 kit —,A L kit 4 q i7� su m yg kil ;6 14, it 4 1-k L'l m -J` cn Ixt L t lit, AA -z! O T Oa CONTINENTAL zx z o Mz JOURNEY'S END M OTEL "a r CONTINENTAL JOURNEY'S OURNEY'S END DEVELOPMENT CORP. A DELAWARE C r, 67 YONGE ST., SUITE 602, TORONTO ONTARIO MSE1J8 > om:z 01 M A; rn 49% m m o o NYS ROUTE 13 (D 10 G 0 G) 4 z IT: 1'r'- v k, in oi ;< iii kit At ri C Kit Qj V 9v t? 4 '1 i k '5�' D) � i 1� I k'� N� 4 kit —,A L kit 4 q i7� su m yg kil ;6 14, it 4 1-k L'l m -J` cn Ixt L t lit, AA -z! O T Oa CONTINENTAL zx z o Mz JOURNEY'S END M OTEL "a r CONTINENTAL JOURNEY'S OURNEY'S END DEVELOPMENT CORP. A DELAWARE C r, 67 YONGE ST., SUITE 602, TORONTO ONTARIO MSE1J8 > om:z INITIAL APPLICATION FOR APPROVAL OF SUBDIVISION OF PROPERTY IN THE CITY OF ITHACA ortin Applicants shall submit this completed. form, together with all other applicable supp g information called for in §te of a through Board meeting, innordernforeconsi to the Board of the date deration -----later than ten days before the of Conditional Approval at that meeting. 1. Name /address /phone number(s) of owners) or property /properties to be subdivided: Bill J. ManiiaS, 357 Elmira Rd., Ithaca, NY 14850 Continental Journey 's End Develo ment Cor . A Delware Corporation Yonge St., Suite Toronto, Ontario, M5E1J8 resent use of properties 2. Location /street number, assessment parcel number, and present - to be subdivided: 356 Elmira Rd. Ithaca N.Y. 125 -01 -03.3 Part of 125 -01 -3.22 Part of Restaurant 126 -01- 2- 3. Reason for subdivision (check one): Adjust lot line with neighbor. Permit additional building on existing lot. Create one or more new building lots. X Other: 4. List any special feature of properties as existing (steep slopes, views, streams trees, buildings or other improvements); how will subdivision affect them? None � g 5. Describe how subdivision will affect adjoining prop erties: None 6. Indicate intentions for use and development of the properties involved, and any permits now pending for the same. 81 Unit Motel 7. Describe any work the proposal will require from the City: Sanitary and water line extensions to pro ert line. Fire hydrant laced on NW end of site. 8. Attach a map showing the proposed subdivision of the properties involved, to reasonably accurate scale, on 8} x 11 paper. Show property line dimensions and area (acres or square feet) for existing and proposed lots. This map is not required to be as accurate as the Preliminary Subdivision Plat called for by §31.24, but it may be a reduced copy, if readable. lanning and Development of the City of Ithaca that I hereby certify to the Board of P the above information, and supporting information submitted with respect to this application, is true and accurate, and that the Board will be informed of any changes thereto in a timely fashion. Notarized signature of applicant: Date: Jan. 22, 1988 [JAN 2 21988 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM 1. Project Information /to be completed by applicant or � .IAN � 21988 J 1-' I.- Applicant/Sponsor 2. Project Continental Journey's End Development Corp. Continental Journey's End Motel 3. Project Location: 356 Elmira Road, NYS Rt. 13, Ithaca, N.Y. Is Proposed Action: New O Expansion O Modification /Alteration 5. Describe Project Briefly: Demolition of the existing "Talk of the Town" (Restaurant) structure and erection of a new 81 unit motel. Precise Location kRoad Intersections, Prominent Landmarks, etc., or Provide Map) gee 3 above 7. Amount of Land Affected: Initially 1.8755Acres Ultimately 1.8755 Acres oT`ssq: -fit: 8. Will Proposed Action Comply With Existing Zoning or Other Existing Land Use Restrictions? V Yes O No If No, Describe Briefly 9. What is Present Land Use in Vicinity of Project? G Residential O Industrial O Agricultural OParkland /Open Space Commercial O Other Describe: 10. Does Action Involve a Permit /Approval, or Funding, Now or Ultimately, From Governmental Agency (Federal, State or Local)? Yes J No If Yes, List Agency Name and Permit /Approval Type Subdivision approval - .Building and Demolition - curb cut permit =As spect of the Action Have a Currently Valid Permit or Approval? O No If Yes, List Agency Name and Permit /Approval Type 12. a Result of Proposed Action Will Existing Permit /Approval Require Modification? _.! Yes x, No FApplicant/Spolnsor CERTIFY THAT THETHE BESTINFORMATION KNOW�EDGED ABOVE IS TRUE TO Name Continental Journey's End Motel Date Jan. 22, 1988 SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) �� JAR 2 21988 INSTRUCTIONS: In order to answer the questions in this short EAF it is assumed tiat a_ u. the preparer will use currently available information concerning the project and the likely impacts of the action. Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than one acre of land? ............................ ............................... x Yes No 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 Yes x No agency ? ......................... ............................. 3. Will project alter or have an effect on an existing waterway ?.... Yes x No 4. Will project have an impact on groundwater quality ? .............. Yes x No 5. Will project affect drainage flow on adjacent sites ? ............. Yes x No 6. Will project affect any threatened or endangered plant or........ Yes x No animalspecies? ........... ............................... �. Will project result in an adverse effect on air quality ?......... Yes x No 8. Will project have an effect on visual character of the community or scenic views or vistas known to be important to` Yes x No rthe community? ................... ............................... 9. Will 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 Yes Yes x No district? ............. ............................... 10. Will project have an effect on existing or future recreational Yes x No opportunities ? ................ . ............................... 11. Will project result in traffic problems or cause a major Yes x No effect to existing transportation systems ? .............. ..'.•..,. 12. Will project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion ? ............... Yes x No 13. Will project have any impact on public health or safety ?......... Yes X_No 14. Will 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.. Yes No on the character of the community or neighborhood? ........ ••... �_ 15. Is there public controversy concerning the project ? .............. Yes x No If•any question has been answered Yes a completed Long Environmental Assessment Form (LEAF) is necessary. �; '�j-�S TITLE: Sr. Partner PREPARER'S SIGNATURE: ,u�w u REPRESENTING: Continental Journey's End Motel DATE: Jan. 22, 1988 LEAF LONG ENVIRONMENTAL ASSESSMENT FORM - PART 1 JA 2 510 + Project Information APPI icant �;� 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. Answers to these questions will be considered as part of the application for approval and may be subject to further verifications and public review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. NAME AND LOCATION OF PROJECT: Continental Journey's End Motel 356 Elmira Road, Ithaca, N.Y. NAME AND ADDRESS OF APPLICANT: Obrist and Appel Name 1054 James St. Street Syracuse, N.Y. 13203 (P.O.) State Zip BUSINESS PHONE: 315- 476 -1022 NAME AND ADDRESS OF OWNER (If Different Continental Journey's End Development Name 67 Yonge St., Suite 602 Street Toronto, Ontario M5E1J8 p.O- State Zip BUSINESS PHONE: 613 - 966 -1004 TYPE OF PROJECT: Motel 81 Unit (PLEASE COMPLETE EACH QUESTION - indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas) . 1. Character of the land: Generally uniform slope x Generally uneven and rolling or irregular 2. Present land use: Urban , Industrial Commercial x , Public Forest , Agricultural , Other 3. Total area of project: 1.8755_ acres, or 81696.78 Afteare feet. te Area: Presently Completion Approxima Meadow or Brushland Wooded Agricultural Wetland (as per article 24 of E.C.L.) Public —.xLacres /sq. ft. NA acres /sq. ft. NA acres /sq. ft. NAacres /sq. ft. NA acres /sq. ft. Water Surface Area NAacres /sq. Unvegetated (rock, earth or fill) .9755 acres /sq. Roads, buildings and other .90 acres /sq. paved surfaces Other (indicate type) NA acres /sq. Lawn ft. ft. ft. ft. NA acres /sq. ft. NA acres /sq. ft. NA acres /sq. ft. NA acres /sq. ft. NA acres /sq. ft., NA acres /sq. ft. NA acres /sq. ft. 1.3acres /sq. ft. .5755acres /sq. ft. -2- 4- (a) What is predominant soil type(s) on project site? e.g., HdB silty loam, etc., Fill: Sand, fine Qraaiel and silt; Natural: clay & Silt (b) Percentage well drained moderately well drained 507 , poorly - -- drained 507 . 5. (a) Are there bedrock outcroppings on project site? Yes x No. (b) What is depth of bedrock? Below 25 (in feet). (c) What is depth to the water table? feet. No free water at 15 feet 6. Approximate percentage of proposed project site with slopes: 0 -10% 95 %; 15% or greater %. 7. Do hunting or .fishing opportunities presently exist in the project area? Yes x No. 8. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes x No; Identify each species 9. Are there any unique or unusual land forms on the project site? (i.e. cliffs, .gorges, other geological formations)? Yes x No. Describe 10. Is project within or contiguous to a site designated a unique natural area or critical environmental area by a local or state agency? Yes x No; Describe 11. Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes x No. 12. Does the present site offer or include scenic views or vistas known to be important to the community? Yes x No. 13. Is project contiguous to, or does it contain a building or site listed on or' eligible for the National or State Register of Historic Places? Yes. X No; if Yes, explain ' or designated a local landmark or in a local landmark district? Yes _ , No. 14. Streams within or contiguous to project site: a. Names of.. stream or name of river to which it is tributary None . 15. Lakes, Ponds, Wetland areas within or contiguous to project site: a. Name None ; B. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g. single family residential, R -la or R -lb) and the scale of development (e.g. 2 story) I -1, B -5, R -3a; and 1 to 2 story structures 17. Has the site been used for land disposal of solid or hazardous wastes? Yes x No; If Yes, describe -3- 6. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous area owned by project sponsor 1.s755acres or 81696.78 square feet. b. Project acreage developed: 1.8755 acres initially; 1.8755 acres ultimately. c. Project acreage to remain undeveloped None d. Length.of project in miles (if appropriate) or feet 410 ±' e. If project is an expansion or demolition of existing building or use, indicate percent of change proposed: building square footage 10,515 ; developed acreage 0.4 f. Number 50 -60 proposed 81 _of off - street parking spaces existing p P g. Maximum vehicular trips generated per day 186 and per hour not known (upon completion of project). when completely filled h. If residential: Number and type of housing units (not structures): NA One Family Two Family Multiple Family Condominium Initial Ultimate Orientation - check one Neighborhood City Regional If: Commercial X If: Industrial Estimated Employment 12 i. Total height of tallest proposed structure: 26 feet. 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 -- Balance cut and fill (earth) 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from site - None acres. 4. Will any mature trees or othe X Nocally- important vegetation be removed by this project. 5. Are there any plans for re- vegetation to replace that removed during construction? Yes X No. However site is being landscaped. -4- 6. If single phase project: Anticipated period of construction 8 Mos months (including demolition). 7. If multi - phased project: NA a. Total number of phases anticipated b. Anticipated date of commencement phase one month year (including demolition). c. Approximate completion date final phase month -year. d. Is phase 1 financially dependent on subsequent phases? Yes No. 8. Will blasting occur during construction? Yes x No; if yes, explain 9. Number of jobs generated: during construction 50± ; after project is completed 12 10. Number of jobs eliminated by this project 10± Explain Change of use of property from restaurant to motel 11. Will project require relocation of any projects or facilities? Yes x No. If yes, explain 12. a. Is surface or subsurface liquid waste disposal involved? Yes __X_No. b. If yes, indicate type of waste (sewage, industrial, etc.) c. 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 x No. 14. a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? Yes x No. b. Does project or any portion of project occur wholly or Fall partially within or contiguous to: No Cayuga Inlet, No Cascadilla Creek, No Cayuga Lake, No Six Mile Creek, No Silver Creek? C. 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 x No. d. If yes for a, b, or c, explain 15. a. Does project involve disposal of solid waste? Yes x No. b. If yes, will an existing solid waste disposal facility be used? Yes No. c. If yes, give name: location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes No. If yes, explain E. Will any solid waste be disposed of on site? Yes No. If yes, explain 16. Will project use herbicides or pesticides? Yes x No. 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 designated a local landmark or in a landmark district? Yes x No. If yes, explain -5- 18. Will project produce odors? Yes __L_No. If yes, describe 19. Will project produce operating noise exceeding the local ambient noise level during construction? Yes x No; After construction? Yes _ x No. 20. Will project result in an increase in energy use? x Yes No; if yes, indicate types) Electric, Water and Sanitary, minimal increase. 21. Total anticipated water usage per day 4400 gals /day. Source of water Public System 22. Zoning: a. What is dominant zoning classification of site? B-5 b. Current specific zoning classification of site? B-5 c. Is proposed use consistent with present zoning? Yes d. If no, indicate desired zoning 23. Approvals: a. Is any Federal permit required? Yes x No. Specify b. Does project involve State or Federal funding or financing? Yes x No_. Specify c. Local and Regional approvals: Approval Approval- Submittal App (Yes -No) Required(type) (Date). (Date) Council N BZA N P &D Board Y Subdivision Landmarks N BPW Y Curb Cut -- Fire Fire Dept._- Y �rntartinn Police Dept. _ N I U RA - -- --N- Bldg. an Building Commissioner Y T)Pmol; ion C. 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 the proposal, please discuss such impacts and the measures which can be taken to mitigate, or avoid them. PREPARER'S SIGNATURE:- yr TITLE Sr. Partner REPRESENTING Obrist and Appel - Landscape Archtiects DATE Jan. 22 1988 EAF ENVIRONMENTAL ASSESSMENT - PART 2 - -- PROJECT IMPACTS AND THEIR MAGNITUDE - by reviewer General Information (Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. Identifying an effect in Column 2 simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the City examples and/or situations. But other exampmp / Potential Large Impact rating. - Each project, on each site, will vary. Therefore, the examples have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. - The number of examples per question does not indicate the importance of each question. INSTRUCTIONS (Read Carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there .will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact, then consider the impact as potentially large, complete Part 2, then describe more fully in Part 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in Column 3. A No response indicates that such a reduction is not possible. * Prepared by Obrist & Appel as suggested by Paul Mazzarella on 1/22/88. .m- -�,1! G�.nr! -2- IMPACT ON LAND NO YES P 1. WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL, x CHANGE TO PROJECT SITE? Examples that would apply to Column 2 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 %. Construction on land where the depth to the water table is less than 3 feet. Construction of parking facility /area for 50 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 -tons. of. natural material (i.e. rock or soil) per year. Construction of any new sanitary land- fill. Clearcutting or removal of vegetation other than agricultural crops from more than one -half acre. Construction in a designated floodway. Permanent removal of topsoil from more than one -half acre. Other impacts NO YES 2. WILL THERE BE AN EFFECT ON ANY UNIQUE LAND FORM S x FOUND ON THE SITE? (i.e. Cliffs, gorges, geological formations, etc.) Specific land forms: NO YES 3. WILL THERE BE AN EFFECT ON ANY SITE DESIGNATED AS A UNIQUE NATURAL AREA x OR A CRITICAL ENVIRONMENTAL AREA BY A LOCAL OR STATE AGENCY? 1. SMALL T ODERATE MPACT !I� 11 JAN 2 5 19$8 LARGE IMPACT X REDUCED BY PROJECT CHANGEJ.__ -3- IMPACT ON WATER NO YES 4. WILL PROJECT AFFECT ANY WATER BODY x DESIGNATED AS PROTECTED? 0 (Under Article 15 or 24 of the Environmental Conservation Law, E.C.L.) Exam les that would apply to Column 2 Dredging more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater wetland.' Other impacts: 5. WILL PROJECT AFFECT NO YES ANY NON- PROTECTED EXISTING OR NEW BODY x OF WATER? 0 Exam les that.would apply to Column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10,000 sq. ft. increase or decrease. Construction, alteration, or conversion of a body of water that exceeds 10,000 sq. ft. of surface area. Fall Creek, 6 Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake or the Cayuga Inlet? Other impacts: 6, WILL PROJECT AFFECT NO YES SURFACE OR GROUND- WATER QUALITY? x Exam.les that would apply to Column 2 Project will require a discharge permit. 1. SMALL T 10DERATE IMPACT 2. 3. POTENTIAL CAN IMPACT BE LARGE REDUCED BY IMPACT PROJECT CHANGE - -4- 1. SMALL T 10DERATE IMPACT Project requires use of a source of water that does not have approval to serve proposed project. Construction or operation causing any contamination of a public water supply system. Project will adversely affect ground- - water. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. 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. Other impacts.: DRAINAGE NO YES 7. WILL PROJECT ALTER DRAINAGE FLOW, DRAINAGE x PATTERNS OR SURFACE WATER 0 RUNOFF? Examples that would apply to Column 2 Project would impede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACT ON AIR NO YES 8. WILL PROJECT AFFECT AIR QUALITY? x Examples that would apply to Column 2 Project will induce 500 or more vehicle trips in any 8 hour period per day. 2. 3. POTENTIAL CAN IMPACT BE LARGE REDUCED BY IMPACT PROJECT CHANGE -5- Il Project will result in the incineration of more than 2.5 tons of refuse per 24 hour day. Project emission rate of all contami- nants will exceed 5 lbs per hour or a heat source producing more than 10 million BTU's per hour. Other impacts: IMPACT ON PLANTS AND ANIMALS NO YES 9. WILL PROJECT AFFECT ANY THREATENED OR X ENDANGERED SPECIES? Examples that would apply to Column 2 Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Other impacts: NO YES 10. WILL PROJECT SUB- STANTIALLY AFFECT X NON- THREATENED OR 0 NON- ENDANGERED SPECIES? Examples that would apply to Column 2 Project would substantially interfere with any resident or migratory fish or wildlife species. Project requires the removal of more than 1/2 acre of mature woods or other locally important vegetation. 1. 2. 3. SMALL TO POTENTIAL CAN IMPACT BE IODERATE LARGE REDUCED BY M PACT IMPACT PROJECT CHANGE I 59 IMPACT ON VISUAL RESOURCE NO YES 11. WILL THE PROJECT AFFECT VIEWS, VISTAS x OR THE VISUAL CHARACTER 0 OF THE NEIGHBORHOOD OR COMMUNITY? Examples that would apply to Column 2 An incompatible visual effect caused by the introduction of new materials, colors and /or forms in contrast to the surrounding landscape. A project easily visible, not easily screened, that is obviously different from others around it. Project will result in the elimination or major screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC RESOURCES 12. WILL PROJECT IMPACT ANY -SITE OR STRUCTURE OF HISTORIC, PRE- HISTORIC OR PALEON- TOLOGICAL IMPORTANCE? NO YES Gc Examples that would apply to Column 2 Project 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. Any impact to an archeological site or fossil bed located within the project site. Project occurring wholly or partially within or contiguous to any site designated as a local landmark or in a landmark district. Other impacts: 1 2. 1 3. -7- IMPACT ON OPEN SPACE & RECREATION NO YES 13. WILL THE PROJECT AFFECT THE QUANTITY X OR QUALITY OF EXISTING 0 OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTUNITIES? Examples that would apply to Column 2 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON TRANSPORTATION NO YES 14. WILL THERE BE AN EFFECT TO EXISTING X TRANSPORTATION SYSTEMS? 0 Examples that would apply to Column'2 Alteration of present patterns of movement of people and /or goods. Project will result in traffic problems. Project will result in [dual wheel] truck traffic (three axle or more) of more than 10 vehicles per eight - hour period per day. Other impacts: IMPACT ON ENERGY NO YES 15. WILL PROJECT X AFFECT THE COMMUNITY'S SOURCES OF FUEL OR ENERGY SUPPLY? Examples that would apply to Column 2 1_ 2. 3. -8- Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Other impacts: IMPACT ON QUALITY OF DAILY LIFE NO YES 16. WILL THERE BE OBJECTIONABLE ODORS, D NOISE, GLARE, VIBRATION OR ELECTRICAL DISTURBANCE DURING CONSTRUCTION OF OR AFTER COMPLETION OF THIS PROJECT? Examples that would apply to Column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Project will produce operating noise exceeding the local ambient noise levels for noise outside of structure. Project will remove natural barriers that would act as a noise screen. Other impacts: 'f I IMPACT ON HEALTH AND HAZARDS NO YES 17. WILL PROJECT AFFECT PUBLIC HEALTH AND x SAFETY? Examples. that would apply to Column 2 —P-ro ject -wa l -l- -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. 1. 2. 1 3. -9- Project will result in the handling .or disposal of hazardous wastes (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi- solid, liquid or contain gases). Storage facilities for 50,000 or more gallons of any liquid fuel. 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. Other impacts: IMPACT - ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD NO YES 18. WILL PROJECT AFFECT THE CHARACTER OF THE x EXISTING COMMUNITY? 0 Examples that would apply to Column 2 The population of the City in which the project is located is likely to grow by more than 5% of resident human population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of this project. The project will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future projects. Project will relocate 15 or more employees in one or more businesses. Other impacts 1. 2. 3. -10- NO YES 19. IS THERE PUBLIC CONTROVERSY X CONCERNING THE PROJECT? Examples that would apply to Column 2 Either government or citizens of adjacent communities have expressed opposition or rejected the project or have not been contacted. Objections to the project from within the community. 1. 2. 3_ SMALL TO MODERATE IMPACT POTENTIAL LARGE IMPACT CAN IMPACT BE REDUCED BY PROJECT CHANGE X PART 2 X PART 3 X DETERMINATION 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 PORTIONS OF LEAF COMPLETED FOR THIS PROJECT: PART• 1 X PART 2 X PART 3 X DETERMINATION Upon review of the information recorded on this EAF (Parts 1, 2, and 3) and considering both the magnitude and ; importance of each impact, it is reasonably determined that: A. The project will result in no PREPARE-A NEGATIVE DECLARATION major impacts and, therefore, is one which may not cause significant damage to the environment. B. Although the project could have a PREPARE A NEGATIVE DECLARATION significant effect on the environ- ment, there will not be a significant i effect in this case because the mitigation measures described in PART 3 have been included as part of the proposed project. C. The project will result in one or more PREPARE A POSITIVE DECLARATION major impacts that cannot be reduced PROCEED WITH EIS and may cause significant damage to the environment. -11- r/Zzfbg Date — Signature of Pre arer (if different from responsible officer) 5c. -PAeyjF -,ff--- :0c"5 APt EL. Title /Position Signature of Responsible Official in Lead Agency Print or Type Name of Responsible Official in Lead Agency Lead Agency's Name EAF ENVIRONMENTAL ASSESSMENT - PART 3 EVALUATION OF THE IMPORTANCE OF IMPACTS INFORMATION - Part 3 is prepared if one or more impact or effect is considered to be potentially large. - The amount of writing necessary to answer Part 3 may be determined by answering the question: in briefly completing the instructions below have I placed in this record sufficient information to indicate the reasonableness of my decisions? INSTRUCTIONS Complete the following for each impact or effect identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact might be mitigated or reduced to a less than large impact by a project change. 3. Based on the information available, decide if it is reasonable to conclude that this impact is important to the City. To answer the question of importance, consider: - The probability of the impact or effect occurring - The duration of the impact or effect - Its irreversibility, including permanently lost resources or values - Whether the impact or effect can be controlled - The regional consequence of the impact or effect - Its potential divergence from local needs and goals - Whether known objectives to the project apply to this impact or effect DETERMINATION OF SIGNIFICANCE An action is considered to be significant if: One (or more) impact is determined to be both large and its'(their) consequence, based on the review above, is important. PART III STATEMENTS: (Continue on Attachments, as needed) The only impact identified in column 2 of Part 2 is an increase in the number of parking spaces. Presently, Talk of the Town has parking capabilities for 50 -60 vehicles. The proposed motel development will accomodate 81 vehicles. This number is based on the zoning requirements which requires 1 space per motel unit. The proposed development will increase present parking numbers between 21 -31 spaces. These additional spaces meet-the minimum numbers required as determined by Zoning for this type of development, therefore we conclude that there is minor significance to this impact. CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272 -1713 CONSERVATION ADVISORY COUNCIL CODE 607 Glen Goldwyn Jan. 21, 1988 Community Development Administrator City Hall, 108 E. Green St. Ithaca, NY 14850 Dear Glen: At the meeting of the Conservation Advisory Council last night, we gave unanimous, but conditional, approval to the negative declarations on the EAFs for the city ,s sale of the City Hall Annex and of Fire Station #5. The condition is that the following statement be included, either with the neg. dec. at the end, or under item #5 (project descrip- tion): An EAF must be done on any proposed use, during the design review process. � C� _ 4, - 1 ' All -7 Our feeling was that, given the fact that under the B -3 zoning which applies to both properties, parking and traffic have the potential for having major impacts. For example, a 100 -foot structure with no off - street parking could be permitted in an already congested area. This is why we felt an EAF should be required as part of the neg. dec. In reviewing the EAF s for the alienation process, we - -and Mr. Lockrow from the state DEC to whom Helen Jones and I talked at length - -felt that the EAF should state what alternative uses the various sites might be put to, after the alienation. It was not enough to say that the alienation itself would have no impact: this would not meet the H.O.M.E.S. test of "taking a hard look" at potential impacts and identifying relevant areas of environmental concern. At the CAC meeting last night we discussed this, but since we did not feel qualified at this point to say what uses would be acceptable, we did not include this in our recommendation. However, the city probably does have certain things in mind that it feels would be acceptable potential uses for the sites, and perhaps it would make sense to state what these are in the EAF ,s. Feel free to call me if you have any questions. SinJcrely, � Betsy Darlington, Chairman cc: Dick Booth Carolyn Peterson Mayor Gutenberger "An Equal Opportunity Employer with an Affirmative Action Program" CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF CONSERVATION ADVISORY COUNCIL Memo to: Mayor and Common Council Cc: Planning Dept. From: Conservation Advisory Council, Betsy Darlington, Chair Feb. 18, 1988 TELEPHONE: 272 -1713 CODE 607 At last night's meeting of the Conservation Adivsory Council, the following resolution was passed unanimously: Smoking Resolution Whereas, the Surgeon General has determined that breathing the smoke exhaled by smokers is hazardous to ones health, and Whereas, there is strong sentiment in Ithaca to prohibit smoking in enclosed areas other than private homes, and Whereas, the Charter and Ordinance Committee stopped work on a smoking ordinance when the state health council passed regulations prohibiting smoking in many places, and Whereas, these state regulations were overturned in court because they had not been passed by the legislature, Therefore, be it resolved that Common Council enact an ordinance prohibiting smoking in enclosed public places, restaurants, work places, theaters, and other areas in which people gather. Private homes would be exempt. Other areas could permit smoking in designated areas (which could be out -of- doors), provided such areas were separated from nonsmoking areas in such a way that smoke would not drift from smoking to nonsmoking areas. "An Equal Opportunity Employer with an Affirmative Action Program" Statement to Ithaca Town Board on rezoning of land next to Stewart Park for the Chamber of Commerce Betsy Darlington, Chairman of the Conservation Advisory Council 14_ I y. Feb. 8, 1988 I. To say that this zoning change would not be spot zoning requires taking considerable liberties with the facts. a. It does not fit in with an overall planning scheme for the area, b. it does not fit in with neighboring uses, and c. it does not promote the general welfare. a. Merely saying that there is an overall planning scheme does not make it so. The closest thing to an overall plan for the area is the Stewart Park Goals and Guidelines. Having the Chamber of Commerce right next to Stewart Park would conflict with this plan by increasing the pressure on the Park. The Park is already functioning about at capacity; in fact, one of the major concerns considered by the Stewart Park Advisory Group of which I was a member was the increase in traffic and parking problems in the park. These problems are great enough that some people have proposed completely altering the roadway and parking setup, changes which would significantly change the character of the park in ways many citizens feel would be undesirable. b. The main neighboring uses in the area are Stewart Park, the Youth Bureau, private residences, public schools farther to the south, and some commercial use farther north. Not only would the Chamber of Commerce not fit in with any of these uses except the commercial, but I believe it would hurt them. The town planner has estimated that 27 -81 vehicles per hour would be entering the parking lot adjacent to the Youth Bureau. How is having numerous cars and campers pulling in and out of this spot consistent with the neighboring uses, and how could this do anything but hurt them? Stewart Park is a city park, and while the city has always been willing to have outsiders use it without charge, the community does not want to increase such use. The parks presence is used by the Chamber as an important consideration in choosing this location, with no considera- tion of how the local citizens who use the park - -and I might add, pay for it- -would feel about extra crowding from tourists and their campers. c. This move would hurt the general welfare by overloading Stewart Park, by increasing traffic congestion along busy East Shore Drive and at its intersection with Gibbs Dr., as well as at the rt. 13 intersection, and by removing tourists from downtown Ithaca. The move would probably promote the Chamber of Commerce's welfare and the welfare of commercial interests at and near Pyramid Mall, but it would certainly not promote the general welfare. The city -s downtown must wage a constant battle to survive against competition from Pyramid Mall and other outlying sprawl developments. Such enterprises, while apparently fulfilling some of the needs of consumers, greatly detract from the character of our area and cause harm to the downtown businesses in the city. If the Chamber locates in the proposed location, visitors will not take the more difficult route to downtown but will take the path of least resistance- -much like water running down a hill - -to Pyramid Mall. Ufa I - � `�� i,.; ' «C-i�I Jo -I t;.� c�.��14S -4a � (., ,,_r � :._ ���._� 1. �..i � 1t -.. .. t 1'(' Pyramid does not need more business; downtown Ithaca does.r I find it amazing that the Chamber would abandon the county seat and the county's only urban center. The notion that there are no other spots for it } c_ to locate is simply a convenient excuse, one which does not hold water. Not only is there no need for the Chamber to locate here, from the point of view of the general welfare, there is in fact a need for it not to do so. _ I almost get the feeling that the Chamber maintains that what ,s good for the Chamber is good for the general welfare. I would suggest that what is bad for the city is bad for the Chamber and for the county and for the general welfare. 2. I only recently learned that the city's DPW did a short EAF for the granting of this license. It was done on May 28, 1987. Common Council voted to approve the licensing the first Wed. in June, and did not even consider the EAF. The Conservation Advisory Council never even received a copy of the EAF, yet we are supposed to review these and make recommenda- tions to Council on there. I saw it for the first time only a couple of weeks ago, and it was not properly filled out. Every question was answered "no" as though the preparer had not even read the questions. Many should have been answered yes. If the Chamber has been following the licensing process for the Farmers Market, it should know what a big chance it would be taking in depending on the annual renewal of a license from the city for the driveway and parking lot. Automatic renewals are a thing of the past. Future reviews will be most thorough, and if any of the impacts do occur which many expect, it's hard to imagine Common Council renewing the license. Common Council is taking environmental reviews seriously. I feel that the rezoning would be illegal and the choice of sites is ill- advised. Memo to: Mayor Gutenberger Common Council - Conservation Advisory Council DPW BPW 9, P &D Dept. (1/c"(0,41 hazuvtfin P &D Board Helen Jones Ra�pk �las� From: Betsy Darlington, CAC chairman Re: Inlet Island /SW Park Alienation, and Cass Park /Inlet Date: Feb. 10, 1988 Y A Valley Substitution Because there are so many elements involved in this action, many people- - including at least one member of the Planning Dept. staff itself - -do not really understand exactly what is being proposed, so Z' ll take that first. I. Lands to lose their parkland designation, and lands to be substituted. The aim is to remove state and federal restrictions so the city would have a free hand with the parcels involved. A. The city has two parcels designated as parkland on Inlet Island. Park designation would be removed from these parcels. About 2 1/2 acres of the 6 +acre southern chunk are occupied on Sat. mornings (during about 9 months of the year) by the Farmers' Market. Part of the Station Restau- rants parking lot is also on this part of the parkland. The northern piece is about 1/2 acre. It s enclosed by a chain -link fence and includes the old Agway building - -a large white structure set at an angle to the road. Ithaca Boating Center leases this parcel from the city for working on its boats. The zoning is M -1 which would permit a variety of commercial use4f the park designation were removed. B. The city would also remove the park designation from SW Park. The park's southern border runs west from Wickes Lumber to the flood control levee and rr tracks, and includes about 60 acres of young woodlands (mostly cottonwoods and willows -- species tolerant of wet conditions) and open, scrubby ground which the DPW is using for dumping snow, leaves, construction materials, cut -up trees, and debris such as shopping carts, and for storing piles of dirt and the State St. bricks. The DPW is continuing to bring in material and push back the tree line of the woods (which, from having walked the site and from aerial photos, appear to make up at least half the park - -maybe 2 /3rds). People wanting more ball fields tried unsuccessfully to develop them in the open scruffy area. The northern boundary of the park probably runs along a power line (vegetated with large trees) north of the bare area. Jack Dougherty and Helen Jones don't know for sure whether or not it also includes an irregularly shaped parcel that the rr gave to the city. The zoning map seems to indicate it does not, but Helen said she'd find out. The east boundary runs along an old fence line through large trees, and the west boundary is mostly formed by the rr tracks. Before the city acquired the land, it was farmland (back at least r Park alienations /substitutions to 1938 - -the oldest aerials I,ve looked at). Helen Jones tells me that she thinks it was for truck farming. Zoning is P -1, so before the city could allow non - recreational or non - educational development, it would have to be re- zoned. Currently, there is a barricade and no-trespassing sign at the entrance from rt. 13. C. The Cass Park section the city would designate as parkland (as part of the exchange for loss of the above parcels) is the large grassy area just west of the Treman Marina, and extending south to just east of the Hangar Theater. (The section is called the "Festival for the Arts" land.) However, the state expects to acquire this land from the city for marina expansion, and has already appropriated $450,000 to do so. D. The city has already purchased one parcel of land south of the flood control levee, and hopes to condemn, and purchase, other parcels in the same general area of Inlet Valley, extending NW of, and including the beautiful meandering Cayuga Inlet (south of where it becomes channeled into the Flood Control Channel). The Town would also give the city some of the land. Zoning is mostly FW -1, with some I -1 and B -5. Note: Standing on the levee west of Stellar Stereo, you can see the southern (wooded) end of SW Park off to the north, beyond a huge field of goldenrod. Just on the other side of the levee, you can see the lands to be acquired. (A map is attached.) H. Some questions and points of concern A. Cass Park The Festival Lands are already considered by the public to be parkland, and have been for at least 20 years. They may even, legally, be parkland, a point the city attorney is researching. (Certainly the city's own charter would define them this way.) Regardless of the legal status of the area, however, there are two points of concern. First, is it really fair to give up park land and replace it with land that is at least de facto parkland already? Wouldn't it make more sense to acquire lands gist are valuable and unprotected, e.g. land along 6 -Mile Creek? This would be a real asset for the city. Simply renaming a park area, "park," and then saying we've acquired something new, seems bogus. Secondly, although Common Council has not given its final approval to the transaction, the Mayor has already signed an agreement with the state (subject, I believe, to final Council approval) to hand over the Festival Lands to the state for expansion of the marina. In return, all the city gets is a revocable license to use the ballfields the state developed near Buttermilk State Park (at a cost of some $60,000, I,m told). Many, including in the Planning Dept., feel this trade is grossly inequitable to the city. How could Council justify trading valuable land in Cass Park (appraised in 1985 at $186,500) for a revocable license to use a couple of ballfields? Thirdly, how could the city justify turning over the land to the state for marina expansion, when this very same land was used to PA Park alienations /substitutions substitute for lost city parkland? The Planning Dept argues that the marina is still recreational, park use. But it also says the city ,s interest in the marina is as a tourist attraction. Arent city parks intended for all city residents, not for a relatively elite group of people (many from out -of -town) who can afford boats? Furthermore, giving the land to the state would violate the enabling legislation passed by the NYS legislature. This bill specifies that the land acquired (in exchange for alienated land) "shall be used for park purposes by [the] city." (Underlining mine.) I love sailboats and sailing), but isn't the marina big enough already? Why permit further expansion into one of the prettiest parts of the park (and one of the few areas not occupied by ballfields)? This is one area where people can enjoy a nice, quiet, uncrowded walk up to the lake. And west of the grassy area is a section renowned among birders for its rich bird habitat (some of which I think would be turned into a lawn if the marina were to expand). Marina expansion is virtually irrevocable, and the loss would be considerable - -and deeply resented by many in the city. The park needs diversity and balance. Providing for boating and ball - playing is fine, but if we lose the open, unobstructed, undeveloped areas, well be left with a park dedicated to these special interests. Recommendations: 1. Remove the Festival Lands from the alienation exchange. 2. In a separate action, this area could still be officially designated "parkland." 3. Tell the state that it cant have the land for marina expansion. 4. Keep the area as it is- -open and undeveloped except for mowing. 5. If Council decides to go ahead with the alienation proceedings, find land along 6 -Mile Creek to replace the alienated parkland. (If some alternatives discussed later are chosen, replacement acreage would not need to be found.) B. Inlet Island Much is unknown about this parcel. Is the Farmers Market a re- creational, and therefore legal, use of the land? (A ruling from the state is expected on this.) Are the Station Restaurant s and Ithaca Boating Centers operations on parkland legal? What is going to happen with rte. 96? (A question we probably wont be able to answer for at least 3 years.) The objective of the alienation is to free up the land for develop- ment. But, given the extreme congestion of the west end - -soon to become even worse with the opening of Wegman s- -and given the objections of the local businesses to even four hours a week of heavy use of the area (by the Market), would development here make sense? Motels, condos, stores would exacerbate both problems. Studies concluding that the area was a good place to develop were made in 1971 -1980. Everyone knows that traffic in the area since that time has increased dramatically - -many consider intolerably. If it weren't for the traffic problems development would produce (and hence also, air quality problems), the eastern portion of Inlet Park alienations /substitutions - Island might be a reasonable place to develop, especially if it meant an improvement in the appearance of Old Taughannock Blvd. The notion that because a piece of parkland is "underutilized" and therefore should be put into use is a strange one. Must every inch of our parks be directly "used" at all times if they arenIt to be alienated for commercial use? And what constitutes "use ?" Don't walkers count, even though they aren't organized into leagues to agitate for space? Isn't a driver or walker on the other side of the Inlet "using" Inlet Island when he looks over and sees it? Maybe its a difference in philo- sophy, but I see open green space as being "used" everytime someone looks at it or even imagines it. I don't "use" Alaska in any direct sense, but it gives me great pleasure to know that those vast unspoiled areas are there. To me this is a very legitimate "use." I don't think I am alone in this. People living in NYC slums voted overwhelmingly to protect the Adirondack Park. And in other parts of the country as well, the urban poor who have little chance of ever visiting various wild areas, have also voted approval for protection of such areas. All of which is not to say that Inlet Island is some fabulous wilderness area! While the section along the water is already very pretty - -and a nice place to go to watch rowing, etc. - -the rest has been sadly neglected. Maybe the city could make the deteriorated portions attractive for passive uses by the public. This would undoubtedly help the businesses along the street (at least if they spruced things up a bit). One further point: at the time use- studies were made for the Island, the city had a much higher unemployment rate. Attracting businesses was one way to relieve this. Now the picture has changed. Given our extremely low unemployment rate (2.3 % ?), wouldn't new businesses simply attract new people to the city rather than employ city residents currently without jobs? When unemployment gets this low, aren't many of those without jobs people with no skills or who are unemployable for other reasons? New businesses wouldn't hire them any more than old ones have. In fact, Dean of Ithaca is closing its doors for lack of workers, and several recent newspaper articles have said a number of firms have trouble finding skilled help, locally. I don't know anyone who wants to attract more people to live in the city. What we need is not more businesses but a system to train the under- and unemployed so they can fill jobs already going begging. One further point: Charles Lockrow at the DEC in Albany told Helen Jones and me that the EAF must come up with a strong rationale for the alienation of this and SW Park, and public input is badly needed in cases such as this. The public is still very confused about what is even going on. Some alternatives: 1. Either specify in the alienation exactly what portion must remain parkland, or alienate only the eastern portion (and perhaps that northern half- acre). 2. Don't alienate any of it. Then rehabilitate the entire parcel (including 4 Park alienations /substitutions the separate northern section) into an attractive park for passive recreation (the western portion already is), and work with merchants to make the street more appealling. 3. Hold everything until rt. 96 has been settled. 4. Hold everything until questions about the Farmers' Market have been answered. 5. Change the zoning to P -1 (from M -1) before proceeding with the alienation. There is some sentiment in the P &D Dept. to do this. C. SW Park The city's stewardship of the park has, in some respects, been good. A large section has been allowed, through natural succession, to grow up into woods with trees that are now 30 -40 feet high. In another twenty years, this will be an especially beautiful woodland, if it s left alone. As it is, deer and other wildlife use it, and for people it provides aesthetic relief from the unsightliness of rte. 13. It also provides a link between other natural areas to the south and north. It s a real asset for walkers on the levee and rr bed, and bikers on the future bike path. The woods serve an important ecological function as a sponge for rainwater in a very flat, wet, floodprone area of town, much of which has lost its absorptive value from being paved over. The woods also play a part in cleansing both air and water pollutants coming from rte. 13 cars and businesses. Most of the northern section of the park is quite barren and scrubby because of the DPW s activities, as described above. (Where else such activities could take place, given that they don't want to drive to the landfill, is a good question, however. Heaven forbid that they simply move to some other natural area!) Most of this is screened from view by the surrounding woods, and the whole operation could be confined to a much smaller area.-*, Eric Broberg, a new CAC member with considerable map expertise, and I spent some time at CLEARS (Cornell Lab. for Environmental Applications of Remote Sensing). We looked at old and recent aerial photos of SW Park, and also a soil map for the city, done in the 1920,s. The books described the soil in the SW Park area as being very difficult to use for anything other than agriculture (and even that has problems). The area is so level that water just sits there. Drainage is very slow. The book said, "The drainage on the flat near Ithaca and down the inlet is very poor and improvement of the condition presents difficult problems. The whole surface lies so level that run -off is almost entirely lacking and no outlet which would be open throughout the year can be obtained for underdrains:' Much of the soil type is Genesee silt loam, about which the book says, "The original vegetation... found in the valley flat was for the most part a luxuriant growth of wild grass. A few elms and oaks of immense size grew along the edges of the flat." (What a tragedy that we have lost this! Just think of the birds and other wildlife this would have supported!) The book goes on, "The Genesee silt loam in the Inlet Valley when well drained produces excellent crops. It is especially considered a good soil for truck crops. However, owing to the difficulty of drainage, _` See " e. � Park alienations /substitutions the type is not extensively cultivated." There may be some Holly silty clay loam in the NE part of the park. This presents similar drainage problems. Originally it was forested, and as of 1920 the native vegetation consisted of swamp grasses and some soft maple and elm trees. Wayland and Sloan silt loams and Eel silt loams are also in the park and present similar problems. They, too, are unsuitable for most nonagricultural uses. How much the soil type may have been altered by stuff dumped on top of it I don't know. The rationale for alienating the park was to open it up for development. Given the drainage problems, is this really feasible? Ive been told by a reliable source that a recent study done for the federal flood insurance program said that this whole area of town was unsuitable for further development. If housing were put in there, how would people grow grass, if ball clubs were unable to do so for playing fields? (Has salt from salt -laden snow damaged the soil ?) Wouldn't the area be awfully buggy in spring and summer, thus leading to demands for spraying of pesticides? And wouldn't the ground be just plain too wet much of the time? Or would the developer truck in thousands of loads of gravel and topsoil, and develop on top of that? In which case, wouldn't the water then drain off onto neighboring businesses? Wouldn't the same problems plague any industry or other commercial use of the land? As with Inlet Island, the studies that suggested putting commercial or industrial development in the area were done during a time when the employment picture in Ithaca was quite different. (I imagine they were also done by people with expertise and interest in development, but with little of either, in environmental concerns.) On the other hand, affordable housing is needed more than ever in the city, and if the site could be made suitable for this, perhaps the idea is worth exploring. And what about the county's desire to use the park for a baling station for all the county's waste? ' Or the city's possible use of it for the recycling program? How would such use mesh with use for housing? There is also the question as to whether or not the area is a wetland and should be added to the DEC ,s state map. (It is not currently on the map, but areas are constantly being added to it, as they are discovered.) A careful reading of the state wetland regulations leads me to think it might well qualify, in which case the city ,s current use of the park is certainly unwise and probably illegal (which may be true anyway, given the P -1 zoning).* Wetlands are defined more by the presence- -and dominance - -of water - tolerant species than by the presence of standing water. Species in the park that lead me to think it might qualify include: red maple, silver maple, willow, cottonwood, cattails (even growing among the bricks!), swamp milkweek, red osier dogwood, water - tolerant grasses. One further point: what would be the impact on rte. 13 traffic of further development in that area? Could a bridge be put across the Flood Control Channel to relieve some of this? *7 ,- "DPW kat 40 4Lk,, f dcL�ls C0- eVAe_r� � -E 9 0o" S W P&4, -XV -S Go KA.W.0- Cow. J IS ►-ts�OS� 40 0 Park alienations /substitutions I. Delay the alienation process until more is known about the site. 2. Remove from the alienation process (and retain as parkland) all of the wooded sections. Fence off the despoiled area - -or a smaller, central portion of it - -and permit the DPW to continue to use it. The fencing would prevent the continued expansion of the ruined area. There is plenty of space there now so I don't know why the city is dumping stuff around the edges and pushing back the woods. (I would favor cleaning up the edges of the dump area and contracting the space used by the DPW, if it is to use this area at all.) In fact, immediate action should be taken to stop the DPW from pushing back the woods, and instead to confine their activities to the central area. Not alienating the wooded areas would have an additional advantage: not so many substitute acres would have to be found, and Cass Park and /or some acreage in Inlet Valley could be dropped from the whole transaction. 3. Separate the areas as in #2 and allow the city - -and the county - -to use the barren area as a sorting station for recyclables. 4. Forget about alienating the park. Restore the ruined area to its former "luxuriant grasses," and establish a raised path through the area (closed during nesting season) so people could walk through it. (Some- thing like the boardwalks and raised paths in the Everglades.) In other words, make it into a really beautiful wild area, for humans and wildlife to enjoy. People living on the south side of town don't have much in the way of big open green spaces. And areas like this all over the country have been lost to development. It would be such a rarity that I can imagine people coming to Ithaca to visit it. Birders alone would come in droves. And what a great resource it would be for classes! Perhaps the Cayuga Bird Club and the local Sierra Club would help in the rehabilitation. Such a natural area would also retain an important ecological link between open areas south of Ithaca and ones to the north (such as the Fuertes Bird Sanctuary.) Developing the area would remove this link. I guess you can imagine which of these alternatives I would most like to see! But whichever one is chosen, retaining the current woodlands and allowing them to progress at their own natural rate is important. I realize that if the city alienates SW Park or Inlet Island, it will still own them and could still keep them as parkland. Only the state and federal restrictions on them would have to be removed. (By the way, are these restrictions, as well as the city �s zoning, being violated in SW Park ?) But do we want to remove these protections? Shouldn,t we wait until more about the site is understood? Is the P -1 zoning sufficient to assure its protection (or at least the protection of the wooded and marshy areas)? D. Inlet Valley (south and west of Flood Control Levee) These lands are very beautiful and would be a great asset to the city's park system, at least if the city left them alone. Of course, since they are mostly in the "floodway" zone, there are already many restrictions. But is it right to force people to give up their land when the rationale in the alienations is so open to question? 7 Park alienations /substitutions - I am very torn on this one because I d love to see that area owned by the city and given real protection. Some alternatives: 1. If only the barren parts of SW Park, and only part - -or none - -of Inlet Is., were alienated, not nearly as many replacement acres would be needed. This would reduce the number of acres the city would have to condemn. And shrinking this area would further reduce the # of replacement acres needed. (Of course, the city could also decide not to use the Festival Lands as substitution land.) 2. If the city decides to proceed with both alienations, another possibility would be to see if property owners along 6 -Mile Creek would willingly sell. Then these could be used as the substitute lands. (Or they could be condemned instead.) 3. State in the alienation provisions that nothing could be done to the area around the stream or woods and nothing to the hedgerow. Final comment (I bet you "re relieved!) SW Park is already zoned P -1. If Inlet Is. holdings were also zoned P -1 before being alienated, I d have less objection to the alienations, althougT I am not convinced of the rationale behind them. At least they'd then have to be re -zoned for non - recreational or non - educational uses to occur. u ^ � ' via tlef ,pi / NL INO eTO to CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF CONSERVATION ADVISORY COUNCIL Memo to: Glen Goldwyn Cc: IURA members Common Council From: Conservation Advisory Council, Betsy Darlington, Chair —t-e.45 Feb. 18, 1988 Re Ithaca Industrial Park EAF TELEPHONE: 272 -1713 CODE 607 At our meeting last night we decided unanimously to support your sensible recommendation that an EIS be done for this development. While we didn't go over each item (since we assume an EIS will be done), we agree with your overall conclusion that there could be significant impacts. We appreciate the care you have taken in this ,fnz4er. By the way, did you know that the NYS DOT has a small wildlife preserve near the site ?! "An Equal Opportunity Employer with an Affirmative Action Program" r Memo to: Planning and Development Board From: Conservation Advisory Council, Betsy Darlington, Chair �. Cc: CAC members P & D Dept. Feb. 18, 1988 I. At our meeting last night we reviewed the EAF s for the Clynes subdivision on West Hill and for the Journeys End Motel subdivision on Elmira Rd. 1. Clynes subdivision: The CAC had questions about the intentions for this site, and we would like to ask your board to look into this. The site is a beautiful sloped woodland with a lovely brook running through it. It is adjacent to McDaniels Park. Since we believe the zoning would permit a number of houses on the new subdivision, we feel that before a decision is reached, more should be known about the purpose of the subdivision. It perhaps should be noted that there are "sold" signs at each end of the property. 2. The Journeys End EAF raises a number of questions: a. #5 on the second side of the SERF: we wonder if a no answer is correct. A large area of vegetation will be replaced with pavement. Wont this affect drainage on adjacent sites? b. #11 on same form: we feel that traffic problems could result, and should be examined. For example, could the owners be required to develop Commercial Ave. and use this as at least the exit from their motel? Then exiting traffic would have a traffic light at rt. 13. c. "A" on first side of LEAF: Number of sq. ft. or acres of meadow /brush- land to be removed should be given. As the comments on the map state, all vegetation is to be removed from the site. Most of the site is vegetated (mainly goldenrod), so N/A is not an appropriate answer. d. P. 2 of LEAF, #5 (c): Did a test boring show the water table to be 15 ft.? Some of us were under the impression that it was much closer to the surface in this area -- perhaps as little as 3 feet. e. P. 3, B,l,f: 81 parking spaces accounts for all the rooms. What about employee parking (15 employees projected)? f. P. 3, #3: (vegetation to be removed: "none "): see "a" and "c," above. g. P. 4, 114, a: Isn't this area in the 100 -year flood plain? (Our zoning map doesn't give us the answer to this.) h. P. 4, #15, a and b (solid waste disposal): these must be answered "yes:' (As was the case with the Farmers Market EAF.) i. Circle section of LEAF, p. 2, # 1: again, question was raised about depth of water table; clearcutting of vegetation from more than 1/2 acre should be checked in column 2; removal of topsoil from more than 1/2 acre also should be checked in column 2; #3: is it in the flood plain? If so, check in column 2 j. p. 4, #7: Again, we wonder about drainage in this very level, difficult -to -drain area. We feel that the EAF should address this concern more fully. k. p. 7, #14, "project will result in traffic problems:" We think this should be checked in column 2 and addressed more fully in Part 3. See comment above, re possible use of Commercial Ave. k. p. 9, #17 (de- icers): This should be checked, probably in column 1. The parking lot will be considerably larger than 30,000 sq. ft. and they will almost certainly end up using de- icers. (If they do not plan to do so, this should be listed as a point in their favor!) Conclusion: we feel that there are a number of issues that should be addressed by the Planning Board in preparing their EAF. I was told by Jon Meigs that the owners have suggested some excellent planting plans for the site, and we hope that the landscaping will indeed reflect this. The proposed motel would be a very long building in an unattractive part of the city. Good landscaping would help a lot! II. We also thought that the Planning Board should take a look at the cumulative impact, especially on traffic along rt. 13 (south), of all the development that is taking place, and probably will continue to take place in this part of the city. III. As recommended with the Clynes subdivision, we suggest that all subdivisions without specific stated intentions be looked at closely, and intentions determined whenever possible. (You probably already do this.) r C,4C A OAF'S? W.Jt,, . �- CITY OF ITHACA a­, L - P7 108 EAST GREEN STREET (0__J U, " ITHACA, NEW YORK 14850 OFFICE OF ^,Q L, 6h StIe 0v— CITY ATTORNEY p S M E M O R A N D U M TELEPHONE: 272 -1713 CODE 607 TO: Richard Booth, Chairman of Charter and Ordinance Committee Betsy Darlington, Chairman -of Conservation'Advisory Council' All Alderpersons Mayor John Gutenberger FROM: RalW, 4ash, City Attorney DATE: February 22, 1988 SUBJECT: Environmental Review I have had several inquiries recently regarding environmental review procedures. I have attempted a comprehensive review of state and city law on this subject so that I could hopefully advise depart- ment staff of a uniform procedure for environmental review. Before I delineate such a uniform procedure, I would like to.have you review the following matters so that we avoid confusion and /or disagreement in the future. 1. What actions require environmental review? Generally both the State lavi and regulations and the City ordinance place actions in several categories: (a) Excluded Actions: Actions undertaken before the effective date of SEQRA. (b) Exempt Actions: Actions for which environmental review is not necessary under SEQRA. (c) Type I Actions: Actions listed on the State's or the City's "Type I" list which are likely to require the preparation of an Environmental Impact Statement and require at a minimum a full Environmental Assessment Form. (d) Type II Actions: Actions listed on the State's or the City's "Type II" list which are presumed to have no significant effect on the environment and for which no environmental review procedure is required. "An Equal Opportunity Employer with an Affirmative Action Program" _ 2 (e) Unlisted Actions: Actions which are not excluded, exempt, Type I or Type II. Our City Code Section 36.5(E) entitled "Unlisted Actions" pro- vides that "(f)or actions which are not on any list it will be at the discretion of the City whether or not to require the completion of an Environmental Assessment Form." This is at variance with the State ti5 regulations which provide that only Type II, excluded and exempt actions are relieved from environmental review [6NYCRR Section 617.3' (j)] and that an EAF must be completed for unlisted actions [6NYCRR Section 617.5(c)]. Since the State law and regulations make it clear that State law supersedes local law anytime that the local law is less protective of environmental concerns, I would assume that State law controls and all unlisted actions must receive environmental review. 2. Who does the environmental review? Generally, under state law, the governmental body which makes the decision to directly undertake, fund or approve an action must com- p e e t Pnvirc�nmen -al review an make a determination of environ- mental significance. It is not permissible to have a governmental body make environmental decisions when it does not directly undertake, fund or approve the action in question. Our City Code Section 36.6(D)(1) provides as follows: The Ithaca City Common Council shall have overall responsibility for implementation of this ordinance. Common Council may designate that a particular City department board or commission assume the role of lead agency for actions of a nature that would place them within the jurisdiction of that particular department, board or commission. It is clear from State la�3 that Common Council cannot do environ- mental review for decisions outside its jurisdiction. The.Board is the only body which can do environmental review or `�� re ests for zoning variances and the Planning_Boar is e on y ]Do ay w ich can o environmenta review for requests for subdivision _Y_ t d �J�JL VVdl, l.V 11 d11IC 1JUL 1..WV c11 C3111r 1G However, Common Council does have general supervisory authority over many City activities which are generally undertaken by other City bodies. The licensing of the Farmers Market is a good example. The Board of Public Works has authority to issue the license, but Council has authority to supersede the Board and make the decision on behalf of the City. - 3 - From a practical point of view, it would seem that Council would not want to do environmental review for all actions over which it might technically assert jurisdiction, (and it could not do the environmental review unless it was going to make the decision) but might wish to reserve the ability for decision - making and environ- mental review in particular cases. It would seem that when Common Council has concurrent juris- diction over matters first presented to another body, that the procedures for designating a lead agency should be used to determine who does environmental review. These procedures as found in City Code Section 36.6(D)(2) provide that the completed EAF and a copy or summary of any application be sent to all involved agencies notifying them that if no written objection is received within fifteen days the initial agency proceed to complete the environmental review as lead agency. If an objection is received Common Council will then desig- nate the lead agency. This procedure would apply equally when other bodies besides Council are involved agencies. Just this week we have reviewed appli- cations for Simenon's Outdoor Dining and the Ithaca Festival. In these cases several notifications will have to be made to properly establish lead agency. But only if Council or another agency objects would Council designate a lead agency. City Code Section 36.6(c) provides that any department receiving an Environmental Assessment Form shall provide a copy of the form to the Chairperson of the Conservation Advisory Council and to the Common Council liaisons to the CAC. I would propose that`we� have the depart- ment also provide a copy or summary of the application or proposed action with the EAF and that such notification be deemed notification to Counci This would re ieve transmi ing of copies of EAF docu- � ��s"'', ds -n3 attachments to the rest of the members of Council. �`� , �° men I would note the role of the Conservation Advisory Council in environmental review. It does not make environmental review decisions unless it is directly undertaking, funding or approving an action. Its input and assistance should be regularly solicited and must be solicited for all actions for which a Positive Declaration is made or a Draft Environmental Impact Statement is prepared. [City Code Section 36.6(D)(3)]. 3. What is the general procedure for environmental review? I would propose the following checklist for environmental review of. governmental actions, which list is derived from the State regu- lations [6NYCRR Section 617.5(a)]: (a) Determine whether the action is subject to SEQR. If the action is an exempt, excluded or Type II action, the agency shall have no further responsibilities. t - 4 - (b) Send copies of the EAF and summary of proposal or copy of application to Chairman of Conservation Advisory Commission and Common Council liaisons—to the CAC (c) Determine whether the action involves any other City Agencies and, if so, send them copies of the above materials. (d) Determine whether the action involves a state agency. If it does, see if state agency is conducting environmental review of action. (e) Determine whether the action involves a federal agency. If it does, see City Attorney. (f) Make a preliminary classification of the action as Type I or Unlisted, using the information provided and comparing it with the state and local Type I lists. Type I actions must have a full EAF prepared. (g) If the action is unlisted determine whether a full EAF is necessary. Full EAF's maybe required for unlisted actions when the slz r- t_EAF__would not provide the ea agency wi su icient infor- mation to base its determination o signs Lcance. (h) Proceed to make determination of significance fifteen days t5 after notification is given to CAC, Council liaisons and other involved agencies and no objection to lead agency status is received.(N� _iz,--) 4. What forms do we use? The State Department of Environmental Conservation promulgated new SEAR regulations effective June 1, 1987. Attached to these regulations are Environmental Assessment Forms. The State - proposed forms vary from the forms we have been using and still continue to use in the City. Although we are not mandated to use the state forms, I believe that at least certain features of their forms should be used by City agencies when conducting environmental review to maximize consideration of environmental concerns and emphasize proper procedure. I have attached copies of our City short form and the state's short form. The first.sheets are virtually identical, except the State form makes it clear that the used for Unlisted Actions only_ I propose to add this to the City short form. ' On the second sheet, the City form addresses the same areas of environmental concern noted on the state form but in a different manner. You will note that the state form asks for an explanation of the adverse effects. The City form requires the completion of a Long Environmental Assessment Form to explain any adverse effects noted. Either procedure would be acceptable. Do you have any preference? S - 5 - I would note two things from the State form, second page, which I recommend including in the City form. These are question "A" asking _whether the action exceeds a Type I threshold. I would also mention the Type'I threshold as defined in the City'Code. Also, the state form in question "D" asks whether there is, or is likely to be, a controversy related to potential adverse environmental impacts. I rink`h.is more appropriately addresses the issue of controversy relating to environmental review. 4mj w, SHORT ENVIRONMENTAL ASSESSMENT FORM ( SEAF) a.c� ^ , INSTRUCTIONS: In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than one acre of — land? ............................. ............................... Yes No 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 ? .......................................................... Yes No 3. Will project alter or have an effect on an existing waterway ?.... Yes No 4. Will project have an impact on groundwater quality ? .............. Yes No 5. Will project affect drainage flow on adjacent sites ? ............. Yes No 6. Will project affect any threatened or endangered plant or animalspecies? .... ............................... ............ Yes No 7. Will project result in an adverse effect on air quality ?......... Yes. No 8. Will project have an effect on visual character of the community or scenic views or vistas known to be important to the community ? .................................................... Yes No 9. Will 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? ........................ ............................... Yes No 10. Will project have an effect on existing or future recreational opportunities? ................... ............................... Yes No 11. Will project result in traffic problems or cause a major effect to existing transportation systems ? ....................... Yes No 12. Will project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion ? ............... Yes No 13. Will project have any impact on public health or safety ?......... Yes No 14. Will 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 ? ............... Yes No 15. Is there public controversy concerning the project ? .............. Yes No If•any question has been answered Yes a completed Long Environmental Assessment Form (LEAF)-is necessary. PREPARER'S SIGNATURE: TITLE: REPRESENTING: DATE: CITY SHORT ENVIRONMENTAL ASSESSMENT FORM 1. Project Information /to be completed by applicant or project sponsor 1. Applicant /Sponsor 2. Project Name 3. Project Location: 4. Is Proposed Action: 0 New O Expansion O Modification /Alteration 5. Describe Project Briefly: 6. Precise Location Road Intersections,'Prominent Landmarks, etc., or Provide Map) 7. Amount of Land Affected: Initially Acres or Sq. Ft. Ultimately Acres or Sq. Ft. 8. Will Proposed Action Comply With Existing Zoning or Other Existing Land Use Restrictions? GYes O No If Not Describe Briefly 9. What is Present Land Use in Vicinity of Project? G Residential O Industrial 0 Agricultural OParkland /Open Space 0 Commercial O Other Describe: 10. Does Action Involve a Permit /Approval, or Funding, Now or Ultimately, From Governmental Agency (Federal, State or Local)? O Yes ' j No If Yes, List Agency Name and Permit /Approval Type 11. Does Any Aspect.of the Action Have a Currently Valid Permit or Approval? 0 Yes O 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 THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Name Date Signature PROJECT I.D. NUMBER 617.21 .5t=� l { Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only DILAT I_PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: ' Municipality County 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: O New O Expansion ❑ Modificatlon /alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: , Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes O No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? O O Commercial O Agriculture O Park/Forest /Open space ❑Other O Residential Industrial Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? O Yes O No If yes, list agency(s) and permitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? O Yes O No If yes, list agency name and permit /approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? O Yes O No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: Applicant /sponsor name: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ART II- PNVIRUNMLN 1,4L Av A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 ,❑ Yes ❑ No _ B. WILt,,ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 may be'superseded by another Involved agency. I-1 V.. n No If yes, coordinate the review process and use the FULL EAF. If No, a negative declaration C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change In use or intensity of use of land or other natural resources? Explain brief C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not Identified In C1-057 Explain briefly. C7. Other Impacts (Including changes In use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No If Yes, explain briefly PART III — DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is substantial, large, Important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevapt- adverse impacts have been Identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and /or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Print or Type Name 01 Responsible O i Zi in i ead Agency Signature of Responsib a Officer in lea Agency Name of Lead Agency G Tit e o Responsib e O icer Signature o Preparer (II different from responsible officer) 181 Delaware Avenue Delmar, NY 12054 -1398 (518) 475 -3000 DORMITORY AUTHORITY OF THE STATE OF NEW YORK I i17 HIS 181988 C , CL )R GTi� •wl •r:!_f4T (See Attached Distribution List) Re: Multipurpose Gymnasium Cornell University Gentlemen: 1/ February 12, 1988 11 West 42nd Street New York, NY 10036-8082 (212) 944 -3600 C la C _ in ('�-7� -070_7 On October 29, 1985, the Dormitory Authority, as lead agency for a Type I SEQR action, issued a Negative Declaration, Notice of Determination of Non - Significance on behalf of Cornell University for approximately $100,000,000 of Dormitory Authority obligations, the proceeds of which included the financing for construction of a zulti- purpose gymnasium. The October 29, 1985 SEQR determination for the gymnas was generic in nature and subject to a site - specif is review upon completion of design. Forwarded herewith is an updated Environmental Assessment Form and site plan for your review and comment. (The proposed fieldhouse is to be located as shown in Area #5 of the site plan). The Dormitory Authority will conduct its site - specific review of this project at Cornell University commencing at 1:30 PH on Tues ay, rch 15, 1988.__�V—e request your written comments on any SEQR concerns by Friday, M-a-r—c-h-1r, 1988. Involved agenc es, t ey shire, may send a representative to the March 15, 1988 SEQR review. We will advise you under separate letter as to the specific Cornell building and room location of the review. RLL:AEK:js Enclosures cc: J. Durkin D. McDowell J. Andrus SEQR File Dormitory Authority Sincerely, Ronald L. Lane, P.E. Chief of Engineering Services Christopher H. Richmond — Executive Director William D. Hassett, Jr. — Chairman : ......... . ........... . ,. �....,.._.. ......... DORMITORY AUTHORITY - STATE OF NEW YORK NORHANSKILL BOULEVARD. ELSMERE. NEW YORK 12054 ENVIRONMENTAL ASSESSMENT FORM (EAF) DATE: January 6 1988 ROJECT: MULTIPURPOSE FIELD HOUSE AFFLICANT - NAME & ADDRESS ARCHITECT - NAME AND ADDR1::55 _ ICORNELL UNIVERSITY GWATHMEY SIEGEL & ASSOCIATES FACILITIES & BUSINESS OFFICE 475 TENTH AVENUE JDAY HALL NEW YORK, NY 10018 ITHACA, NY 14853 ' PERSON TO BE PERSON TO BE CONTACTED: ERIC DICKE CONTACTED: PETER GUGGENHEIMER ' "' (607) 255 -7105 1; SI'*E?.3 Ph-::! 212) 947 -1240 BL•..7 7NESS � �lliiais BRIEF DESCRIPTION OF PROJECT - If Project consists of two or.more build- ; t ings a separate EAF may be needed for each. A MULTIPURPOSE GYMNASIUM CONSISTING OF A BASKETBALL ARENA WITH 3 COURTS , • AND SEATING FOR APPROXIMATELY 5,000 SPECTATORS; A MULTIPURPOSE PRACTICE SPACE OF APPROXIMATELY 20,000 SQ. FT.; LOCKER ROOMS,. OFFICES, AND LOBBY 1 WITH CONCESSION AREAS. Do not write below this line 1 HE_.RING LOCATION: DATE: Tom: i ACTION TYPE: Generic Site Specific Combined i Unlisted Negative Declaration Filed (Date) Type I Type II Draft EIS Filed: (Date) F%"-mP t Excluded Final EIS Filed: (Date) ' RECO:• ENDATIONS PANEL: Not Significant Significant (for) Chief of Engineering Services (for) Deputy Executive Director. Construction (for) General Counsel ' (for) Special Construction Services Director (for) Director of Project Management DATE RECEIVED INFOR*LATION TO BE FURNISHED BY APPLICANT t ENVIRONMENTAL ASSESSMENT FORM PROJECT: CORNELL UNIVERSITY - ,.MULTIPURPOSE FIELD HOUSE This document is designed to assist in determining whether the proposed action of the DORMITORY AUTHORITY in financing the project may have a significant effect on the environment. Please.complete the entire Assessment Form. 'Answers to these questions will be, considered as part of the application to the DOR!!ITORY AUTHORITY for financing and may be subject to further verification. It is expected that.completion of the EAF will be based on information currently available and will not involve further studies or investigation., mcst of the following questions require a "Yes" or "No" answer. Please circle the correct answer. If the answer to any of the questions is "Yes ". please explain in a separate attachment and discuss all alternatives. Please furnish an 8" x 10 ".photograph of an architectural rendering of the project and a plot plan reduced to 8;," x 11" showing the relationship of the building to its surroundings. PROJECT INFOR*!ATION 1. Address or location of project. CENTRAL CAMPUS CORNELL UNIVERSITY ITHACA, NEW YORK County TOMPKINS NaWe, address and title of chief executive officer of local politic,-: subdivision in which project is located. MAYOR JOHN GUTENBERGER OFFICE OF THE MAYOR CITY HALL ITHACA, NEW YORK 14850 3. Have there.been any other Environmental Quality Reviews, Environmental Impact Statements or Environmental Assessment Forms filed with the Co=issioner of Environmental Conservation by any local governmental agency'. No____ If yes, by what agency. N/A Has any other agency assumed the role of lead agency (name) NO D&CS -2 (Rev. 10/82) i -2 ENVIRONMENTAL ASSESSMENT FORM PROJECT: CORNELL UNIVERSITY - MULTIPURPOSE FIELD HOUSE 4. Physical Description _ a) Height to cornice' S6 ft. Stories 2 b) If there is..a tower or chimney, give height above cornice c) Total area of building 145.000 sq. ft. d) Property size (square feet or acreage) 158,400 =ate fr.•of immediate contract limit lines. Part of 750 acre central.campus e) Ground covered 82,500 sq. ft. Percentage 52 x• f) i.Construction start SPRING ii. Construction completion WINTER . -1988 1989/1990 g) Exterior material: J. Major GROUND FACE BLOCK 83 X ii. Minor TRANSLUCENT PANELS 12 X iii_ Other INSULATED GLASS _5_7. 5. Estimated Cost: Construction (building only): $ 14.000.000 Site work. utilities, ground isprovements: 50,000 Architects and Engineers fees: 1,235,000 Furnishings and Equipment: 200,000 1,115,000 Total: $16,600,000 6. a) Anticipated amount of DO1RHITORY AUTHORITY obligations to be sold: $7 000 000 Series '85 " b) Anticipated securities delivery date? LEGAL REQUIREMENTS 1. a) Are there any federal, state or local permits, including plan approval and building permits, Y NO required? D&CS -3 (Rev. 10/80 i -3- ENVIRONMENTAL ASSESSMENT FORM PROJECT.- CORNELL UNIVERSITY - MULTIPURPOSE FIELD HOUSE b) Local and Regional approvals: (furnish copies). YES NO City, Town, Village Board City, Town, Village Planning Board City, Town, Zoning Board City, County, Health Departmeat Other Local and Regional Agencies Name: 1. 2. 3. State Agencies 1. 2. Federal Agencies 1. APPROVAL REQUIRED SUBMITTAL APPROVAL (Yes, No) (Type) (Date) (Date) YES BUILDING N/A N/A PERMIT YES VARIANCE 3/25/87 5/7/87 2. *SYRACUSE /WATTERTOWN UNIFO?T4 CODE BOARD OF REVIEW 2. Zoning: a) Dominant zoning classifications of the area P -1 (Insr;rur;nnal) b) Current specific zoning classification of site P -1 (Institutional)_. c) Is proposed use consistent with present zoning YES d) If no, indicate desired zoning 3.. What is the present dominant land use within one mile radius of the proposed facility? INSTITUTIONAL, THEN RESIDENTIAL (2000 ft away) 4. Average height of buildings within a three -block radius? 30 -50 ft. 5. Will the National Environmental Policy Act apply to this proposed facility? NO Is federal funding involved? NO DSCS -4 (Rev. 10/82) -4- 4 • ENCIRONMENTAL ASSESSMENT FORM • CORNELL UNIVERSITY - MULTIPURPOSE FIELD HOUSE PROJECT LOCAL EFFECTS ON MUNICIPALITIES 1. a) Will the project increase capital expenditures by the local municipality (expansion of roads, utilities, etc.)': YES NO b) Will the project affect existing transportation systems YES NO (bus routes, traffic flow, etc.)? 2. a) Will the project increase municipal expenditures for services (fire, police, waste hauling and treatment, YES NO etc.)? 3. Will the project affect adjacent towns or municipalities? (If yes, state how and to what extent on separate sheet) YES NO 4. a) Is surface or subsurface liquid waste disposal involved r O other than through a municipal sewage system? YES b) If yes, indicate type of waste (sewage, industrial, etc.) N /A_ c) If surface disposal name of stream into which effluent will be discharged: N/A S. a) Does project involve disposal of solid waste? TES NO b) If yes, will an existing solid waste disposal facility be used? c) If yes, give name: TOMPKINS COUNTY SANITARYLL. Location: TOMPKINS COUNTY d) Will any wastes not go into a sewage disposal system or into a sanitary landfill? 6. Will project routinely produce odors more than one hour per day? 7. Will project produce operating noise exceeding the local ambient noise levels? BE N0 YES ti0 YES �0 YES NO 8. a) Total anticipated water usage per day * gals /day.. * "NON- EVENT" DAY = 25,000 gals /day 1.2% of Campus Total. "EVENT" DAY = 60,000 gals /day 2.9% of Campus'Total. D&CS -5 (Rev. 10/82)_ -S a ENVIRONMENTAL ASSESSMENT FORM PROJECT: CORNELL UNIVERSITY - MULTIPURPOSE FIELD HOUSE 8. b) Will new or expanded water supply facilities be required? YES NO -- c) Will new or expanded water delivery facilities be required? YES fiC 9. Is any open burning anticipated during construction? YES QO ECOLOGICAL EFFECT (Answer only questions 14, 15 and 16 for projects in New York, Kings and Bronx Counties) 1. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons, APPROX. 15,000 cubic yards. (TO ANOTHER PART OF CkXPUS) 2. How many acres of vegetation (trees, shrubs, ground cover) will be removed from site? NONE 3. Will any mature forest (over 100 years old) or other locally- i=portant vegetation be removed by this.project? YES NO 4. Are there any plans for re- vegetation to replace that removed during construction? 'ES NO PROJECT WILL BE LANDSCAPED. - (SEE DRAWINGS) 5. During or after construction will the project alter the banks or shore of a stream, lake or other body of water'. YES 6. Will there be any drain -off from roads or parking areas into a stream, lake or auy other body of water? YES �0 7. Will the project result in stream or channel modifica- tions? YES h0 8. Is the project within one mile of the following: a) Game preserve (name) YES NO b) Fishing stream (name) YES 2:0 c) Scenic or wild river (name) FALL CREEK, CASCADILLA CREEK YES NO d) Prehistoric site (name) YES NO e) Other (name) YES NO 9. Will the project result in the destruction of wild animal life? % YES NO D&CS -6 (Rey. 10/82) -6- Name IN THE EVENT THAT ARCHEOLOGICAL RELICS, HISTORICAL RELICS OR FOSSIL BEDS ARE DISCOVERED AFTER. THE APPROVAL SOUGHT IS OBTAINED, THE APPLICkNT Kr- NOTIFY THE AUTHORITT 111MEDIATELY AND CEASE WORK UNITL PERMISSION TO RESL IS GRANTED BY THE AUTHORITY. t. . ' ENVIRONMENTAL ASSESSMENT FORM PROJECT: CORNELL UNIVERSITY - MULTIPURPOSE FIELD HOUSE 10. Does the project site contain any species of plant YES NO or animal life that is identified as endangered? Name Species 11. Does the project site contain any species of animal life that is identified as endangered, or the habitat of such a species? YES NO Name of Species 12. Are there any unique or unusual land forms on.the site (i.e., cliffs, dunes, marshes, bedrock project outcroppings, other geological formations)? YES NO Type 13. What is (are) the predominant soil type(s)? a) CLAYEY SILT, b) SAND , c) SILTY SAND. 14. Is any portion of the project located in the 100 -year Y =S NO flood plain? •15. Is any portion of the project located in a coastal zone Regulation and Coastal area as defined by the Waterfront Resources Article of the Executive Law of the State of YES NO New York? 16. Will the project result in the filling or disturbance of If number of acres Y-5 NO any fresh or tidal wetland? yes, HISTORIC RESOURCES 1. a) Are there archeological sites, historic landmark buildings or historic preservation districts within NO or adjacent to the project area? ,y5 a NO --b) Within one mile of the project area? c) Name (1) MORRILL HALL Distance 1/2 MILE (2) AG QUAD Distance 1 4 A.n. W1A-% ttuuS 4- to M►. 2. Does the project involve alteration to an historic or YES NO landmark building? Interior? _ Exterior 3. Have any hearings by preservation.groups been held? YES NO Date Name (1) Date (2) YES NO 4. Has any objection been raised by local preservation groups'. Name IN THE EVENT THAT ARCHEOLOGICAL RELICS, HISTORICAL RELICS OR FOSSIL BEDS ARE DISCOVERED AFTER. THE APPROVAL SOUGHT IS OBTAINED, THE APPLICkNT Kr- NOTIFY THE AUTHORITT 111MEDIATELY AND CEASE WORK UNITL PERMISSION TO RESL IS GRANTED BY THE AUTHORITY. c ' ENVIRONMENTAL- ASSESSMENT FORM Project: CORNELL UNIVERSITY - MULTIPURPOSE FIELD HOUSE 2. Will enaro; inefficieuL boilers be replaced? '=S 3. Is double glazing or storm windows proposed? YES NC 4. Is increased insulation proposed? YES NO 5. Does the project ENERGY State Energy Code YES NO (Renovations Only CO—.21-UNITY CONSIDERATIONS 1. Will the project affect energy use ?.(Circle correct answer) YES 0 2. Will a) Natural Gas Increase Decrease No Change b) Oil Increase Decrease No Change c) Coal Increase Decrease No Change d) Electricity Increase Decrease No Change e) Other: _ Increase Decrease No Change 2. Will enaro; inefficieuL boilers be replaced? '=S 3. Is double glazing or storm windows proposed? YES NC 4. Is increased insulation proposed? YES NO 5. Does the project meet the requirements of the New York State Energy Code YES NO CO—.21-UNITY CONSIDERATIONS I.-Will the project alter the existing neighborhood character? YES 0 2. Will the project intrude on existing views and vistas YES �O from parks or public property? 3. Will the project cast shadows on any single neighboring property more than four (4) hours per day during winter secscn? YES �7 4. How much will the completed project increase the permanent population of the site? Persons 25 In the case of hospitals use bed count plus employees. 5. How much will the completed project increase daily visitation to the site? Fers,ns * , Vehicles ** * 25 EMPLOYEES, 10 RECRUITS, 350 STUDENTS (5000) EVENT DAY. ** SEE #12A 6. Has any public hearing other than on historic resources been held on the project? YES ;:0 (STATE OF NY BUILDING VARIANCE, MAY 1987) 7. Is any public or additignal public hearing anticipated? YES h0 8. Is the construction of a source of air contamination involved? YES NO 9. Will the project affect utility rates in the community? YES KC D&CS -8 (Rev. 10/82) • -8- r , E14TIRONMENTAL ASSESSMENT FORM Project: CORNELL UNIVERSITY - MULTIPURPOSE FIELD HOUSE 10. a) Will blasting occur during construction? YES NO b) Will riveting occur during construction? YES NO 11. Is the project site presently used by the community as an open space or recreation area? YES ONO 12. a) Number of off- street parking spaces existing 320* *See attached explanation. b) Number upon completion of project 128* c) Is off - street loading provided? 13. Number of jobs generated by this project: YES NO During Construction: 99 After Construction: I Adds H nnal 14. Number of jobs eliminated by this Project: 0 - 15. What measures are proposed or beinz taken to minimize the environmental impact? control noise, dust and erosion and to maintain strict safety requirements. reparer's Signature Project Manager Title D&CS -9 (Rev. 10/82) 4 Arrhi tpel-ur ^1 .iartri r Pc a orn 11 University Representing 1/6/88 Date Cornell University Multi- Purpose Field House Environmental Assessment Form a v (C Question 12a, 12b - Page 9 6 January 1988 The Multi- Purpose Fieldhouse will be constructed at the site of a present 320 -space parking lot. The Fieldhouse project is part of an overall Athletics Master Plan which was developed in conjunction with the Transportation Master Plan, both of which have been approved by Cornell's Board 'of Trustees. When the 320 spaces are deleted from this location, 128 spaces will be constructed adjacent to the building. These are in addition to those 258 just north of the adjacent athletic fields already added to this part of the central campus, zone 5 (see atached map). Another 300 spaces are proposed for this zone of the campus as part of this master plan. As can be seen from the tabulations on the accompanying map, 1672 parking spaces (net) have been added to the central campus since 1982, and an additional 717 are planned. The major point to be made is that there has been a net increase in parking in the immediate area of the proposed project, and that this was planned and coordinated between the two planning and project efforts so that during construction and after it, there will be sufficient available parking. EFD /mst 4 'CO or 4w Ji t. \ ri, We, 40, .on sense 0 KiNswum a Ni inns mummusommukr's wwww"T" Q1 NIP. ,a1 •� i • •v� C D i t r, mt 00 N 4 1, o 77' XT all cio', t c 0i ■ .on sense 0 KiNswum a Ni inns mummusommukr's wwww"T" Q1 NIP. ,a1 •� i • •v� C D i t r, mt 00 N 4 1, o 77' XT all cio', t c 0i 's • ii {� AW ��L� /1 \�by�r y�o -0 r r ,n sz 9` E,r P 3Sbn00 \ y107 �4di7rNnw NVWM�N Obrq S C> 0 0 S � o � C 1 - � 1 N - O i> �-- - = ROA (C " FU-CURE \ pROP056D I $ I I O r Ci h c� �v N I n� r 161 Delaware Avenue Delmar, NY 12054 -1398 (518) 475 -3000 DORMITORY AUTHORITY OF THE STATE OF NEW YORK /l (See Attached Distribution List) Re: Multipurpose Gymnasium Cornell University Gentlemen: RECEIVED NIAR 1 1988 February 24, 1988 11 Nest 42nd Street New York, NY 10036 -8082 (212) 944 -3600 Reference is made to our February 12, 1988 subject letter. The subject site - specific SEQR review will be as follows: Date: Tuesday, March 15, 1988 Time: 1:30 P.M. Place: Meeting Room Best Western University Inn East Hill Plaza Ithaca, New York Sincerely, Ronald L. Lane, F.E. Chief, Engineering Services RLL:AEK:clb cc: J. Durkin D. McDowell J. Andrus Dormitory Authority SEQRA file Christopher H. Richmond — Executive Director William D. Hassett, Jr. — Chairman A Memo to: Tom Miller (representing Stephen P. Garcia)3 Jon Meigs �r From: Betsy Darlington, Chair of Conservation Advisory Council = (607) 273 -0707 Tl Cc: CAC members, Council liaisons, and Ray Schlather JV!, (cam Re: Response to request from applicant for my comments d on the EAF for 5.7 -acre subdivision on West Hill 3 Feb. 25, 1988 s I. I received this EAF after our monthly meeting and so have not discussed it with most other members of the CAC. Therefore, the following comments are my own. No doubt the other members would raise additional points to be looked at, or might disagree with me on the ones I'm raising. 2. I was not familiar with the site so I paid it a visit, looking in from the north end of the site- -i.e., the southern end of Campbell Ave., and driving around that entire undeveloped plot of which this subdiv. is a small part. I also called some residents in that area, one who lives next to the proposed subdiv., and one who lives a bit farther north on Campbell Ave. (and who happens to be very knowledgeable about birds). A third was someone who lives on Sunrise (eastern section of it). A member of the CAC lives on Chestnut, and I spoke briefly with her as well. 3. Starting with the very first page (the amended application), and proceeding through the document I received: a. #4 (List special features): The site has many special features, but the overriding one is the very diverse and rich wildlife habitat. Neighbors tell me there are great- horned owls, saw -whet owls, screech owls, numerous woodpeckers (incl. pileated), ruffed grouse, wild turkey, grey- cheeked thrushes, wood thrushes, and too many other song birds to list here (even in mid -Feb. I was greeted by so many different singing birds, I had trouble identifying their calls), coyotes, foxes, deer (17 counted recently), chipmunks, squirrels, rabbits, raccoons. Also, it looks from the topo map as though there are two brooks running through the property. (I saw one at the north end.) If so, I think they should be mentioned. b. #5 (How subdiv. will affect adjoining properties): I would add to this, "Will clear a rich natural area that ,s of value to the community." c. Part 1, page 2 and 3, A (Site description) - physical setting: # 1 (present land use): rural, forest. "Residential" is only to the north (and east ?) of the project site, so perhaps this should be stated, if "residential' is to be checked. (I am unclear as to the meaning of the question - -does it mean on the site, or next to the site ?) #2 (acreage of various types): I would call the area "mixed woods and brush -" (On city's form, we use the word "wooded" instead of "forested," by the way - a fine distinction, perhaps, but enough of one to make a difference.) I would suggest bracketing the first two items together and putting the 5.7 acres to apply to both. (One neighbor said he has lived there for over 40 years and many of the trees are at least 50 t N 6 years old. He and another neighbor also named several bird species that do not live in "brushland," but require woodland. (Great horned and saw -whet owls, wild turkey, ruffed grouse, various thrushes.) Would it in fact have only 1 acre of pavement and buildings? This seems low to me. #3 (drainage): One of the neighbors, a man who used to work in the city water dept. (head of it ?), says there are areas in there that are very swampy. That implies to me poor drainage. Neighbor just to the north of the site says they have had bad problems with drainage, runoff, and erosion. #4 (bedrock): how thoroughly was depth of bedrock checked? I know from having put in wildlife ponds that this can vary considerably in a very small area- -and this is typical of our area. #8 (depth of water table): why is this unknown? And might swampy areas mean it is near the surface in those places? (An engineering question I don't know answer to.) # 11 (rare species): was this checked, and by whom? It would not surprise me if there were some rare plants or birds in there. Of course, this could not be checked before about mid -May. There are several local experts who could check it. #13 (used by community for recreation): this needs further research, but from the responses I got from the few people I spoke with, this would have to be answered Yes. # 15 (streams): are there a couple of brooks through the site? (I know of one for sure.) #16 (wetlands, etc.): how large is the swampy area mentioned by a neighbor? d. Part 1, B (project description) (page 3 -5): #1-g: many families, esp. on West Hill, have two cars, and use both for commuting. Therefore, shouldn't this answer be 28? -j: (frontage on public thoroughfare): I don't understand the answer of "011. How can that be? #3: city's form asks a different question (Are there any plans for revegetation to replace that removed during construction ?) I think the answer should be "no," since grass isn't a replacement for woods. But "lawns" could be typed in next to answer. #4: (acres of vegetation to be removed): answer, according to earlier answers, is 5.7, not 1.0. Also, city's form asks what type of vegetation. ( Trees and brush). ` P, 3 , u k 8, 1 ) C 1- P• 2 — A,2 #5: city's form asks, "Will any mature trees or other locally important vegetation be removed ?" Answer is Yes. (Perhaps type in, "richly diverse habitat ".) #8: (blasting): were enough tests done to be sure answer is "no ?" Ithaca is full of surprises. X616: (solid wastes): answer, of course, is yes! -c: give name of landfill (Landstrom ?) 6617: (solid waste): city's form asks if any solid wastes will be disposed of on site. (I assume "no ? ") 6618: (pesticides): mention that many homeowners use pesticides on their lawns and gardens. 6620: (noise): during construction (asked on city ,s form) - yes; 3 after construction - yes. (The only ambient noises in there now are the wind and wildlife.) #23: (water usage): National average is 100 gal. per person per day. For 14 families of 4, this would give a figure of 5600 gal. e. Part 1 -C (Zoning, etc.) (page 5) # 6: (Point of fact I don't know answer to: has Common Council given its approval to these "local land use plans ? ") #7: (Land use and zone 1/4 mile radius around project): answer given for land use is correct only to the north (and maybe east). South and west, the land use is undeveloped - -more woods and brush. #8: (Compatible): Yes, only to north and maybe east; No, to south and west. #12: (traffic) I have no opinion on this one. Octopus cant take much more though. f. Part 2: Impacts (page 6 -11) Note that form states that, "If impact threshold equals or exceeds any example provided, check column 2." It also says to check column 2 if you re in doubt; then explain in Part 3. Check column 1 only if threshold is lower than example given. #1 (bedrock): I have same question as raised above. City form asks two additional questions: clearcutting or removal of vegetation from more than 1/2 acre ?; and Permanent removal of topsoil from more than 1/2 acre? First of these should be checked in column 2. I like the way you elaborated under "other impacts ", but this should say "woods and brush," instead of just "brushland:' On the topsoil question, I,m in no position to know the answer. #4: (impact on any non - protected body of water ?) What about the brook(s)? Removing vegetation can be expected to increase flow and also muddiness. (Put under 'other impacts. ") #6: (drainage flow and patterns, etc.) I think a couple of thresholds could be met or exceeded, and should be checked in column 2: Change in flood water flows; Substantial erosion (nearby neighbor says they - -and the city- - have had a lot of trouble with this). #8: (threatened or endangered species): before answering no to this, experts should check it out, after mid -May. Depending on answer to initial question, threshold saying, "removal of any portion of critical or significant wildlife habitat" might have to be checked in column 2. #9: (non- threatened species): must be answered Yes. Action would indeed substantially interfere with resident and migratory birds and other wildlife, so check in column 2. City form says "removal of more than 1/2 acre of mature woods or other locally important vegetation." Check in column 2. 21 # 11. (aesthetic impacts): should be answered Yes. And each of the three listed thresholds should be checked in column 2. (Project components are compatible only with uses to the north and perhaps east; certainly not to west and south. Views that would be eliminated are not ones to distant hills but ones of the site itself, both from adjacent properties and from distant hills.) #13. (open space and recreation): Of course, Yes! And Yes to each of the two thresholds listed (foreclosure of future recreational opportunity, and reduction of open space important to the community). #14. (Traffic) (I am concerned about the cumulative impact on traffic of this and all the other development some are projecting for that area. But this is a problem for the city to address; your EAF should not have to.) #16 (noises, odors, etc.): City form says during or after construc- tion, so answer should be Yes. Av\other construction site in the city has had terrible chemical odors. Will this one? Next two thresholds (noise and removal of natural barriers) should be checked in column 2. #17 (health and safety): Yes, because of threshold listed on city form: "Use of any chemical for de- icing, soil stabilization, or control of vegetation, insects, or animal life (etc.) in excess of 30,000 square feet." This should be checked in col. 2. (Lawn and garden pesticides as well as de -icers will surely be used.) # 18 (character of neighborhood): check Yes. And following thresholds should be checked in column 2: change in density of land use, demand for additional community services (I'd probably check in col. 1), precedent for future projects. #19 (public controversy): There already is some (among the few people who know about it) and there will undoubtedly be more as people learn about the proposal. I did not receive a Part 3. An EIS is clearly called for here. The project would have numerous large and important impacts. Memo to: Ralph Nash, City Attorney .. From: Betsy Darlington, CAC Chair Re: EAF "s Feb. 26/88 Cc: Liaisons Booth and Peterson Thanks a lot for your recent advisory. on, the city s EAFs. I have a few questions and comments: i. 1. Under "Site Description ": Does "present land use" and "physical setting" mean on the site itself or on and adjoining the site? Of the form is going to be changed anyway, this should be clarified.) T - 4- "tJ- J w-QaA-4- 4, -Pry -, bw� a ►-�c.� a�pl[c.�,} o..tPa,e„�P..t - 2. The city's long form asks if the project would impede the flow of flood waters. The state's form asks if it would change the flow of flood waters. Maybe our form should say, "Impede or alter..:' 3. Should the CAC receive BZA EAF "s? 4. Yesterday I received a copy of an EAF done for Cornell 's Field House proposal. Should the CAC review this, or was it just sent to me for my information? (What about other Cornell projects ?) 5. Sending EAF "s to the CAC just 15 days in advance of the time we must submit comments would not give us enough time to prepare them, in many cases, since we only meet once a month. What happens when we receive one the day after our meeting? For example, the Garcia subdiv. EAF arrived on Friday, two days after our latest meeting, and P &D Board was meeting the very next Tuesday to decide whether or not to grant preliminary approval. This meant I had to review it without input from the other members of the CAC. (And I had to scramble to prepare my own comments in time.) I would think 35 days would be the bare minimum, and 40 -45 days would be better. Some months even 35 days would not be enough time. Say we met on the first Monday of each month. Then we would have met on Feb. 1 and not again until March 7. (Or May 2 and June 6, Aug 1 & Sept 5, Oct. 3 & Nov. 7.) If I received the EAF the day after our meeting, we would discuss it 34 days later, and the very next day Id have to get in our comments. Whatever body was receiving them would not have time to read them before their meeting, if that meeting were the same day. Another problem is when I receive one just before our meeting. I have to have copies made for everyone, and distribute them. They should have time to review it before the meeting - -and if possible, go see the site. If we don't receive them long enough in advance, it's impossible for people to do this. How about something like this? "EAFs must be received by the CAC at least 10 days prior to their next meeting. Comments from the CAC must be sent in no later than 7 days after that meeting." (I do things faster than this, but would not like to hold all future chairmen - -or even myself - -to having to set everything else aside in order to complete the work sooner than this. Being mostly self - employed, I can juggle my time more easily than a chairman with a typical 9 -5 - -or 9 -91- -job.) Call me if you want to discuss any of this further. Thanks! L CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF _ CITY ATTORNEY M E M O R A N D U M TO: Helen Jones, Planning Department FROM: Ralph Nash, City Attorney I I TELEPHONE: 272 -1713 CODE 607 DATE: March 1, 1988 RE: Lggal Status of Festival Lands 0 Ca v- We have previously reviewed several maps and legal documents relative to the history of the Festival Lands and its present legal status. The following is a summary of the history of this property and my conclusions regarding its legal status. The Festival Lands were formerly part of the property owned by the City of Ithaca and operated as an airport by the City of Ithaca. It appears that the entire airport area was previously acquired by the City of Ithaca in three separate deeds between 1908 and 1930. None of those deeds to the City of Ithaca for the airport property contain any restrictions as to the uses of the property. In the early 1960s,.the City of Ithaca desired to discontinue use of the airport. In addition, the Army Corps of Engineers undertook the construction of the flood control channel "An Equal Opportunity Employer with an Affirmative Action Program" r �'scu+d'�4Xx..�it^ T 1, a rY - w �,. -x�• _ from the southern end of Cayuga Lake. It was decided by the City of Ithaca and the State of New York to make a realignment of the former Cass Park area of the City of Ithaca, which lay to the east of the airport, and to establish',a marina and a performing art center as part of this realignment of property. The first legal document which appears to have been executed in furtherance of these plans for realignment of the property holdings at the southern end of Cayuga Lake was a lease agreement between the City of Ithaca and the Ithaca Festival of the Classics, Inc. This lease was executed on or about May 7, 1965 and provided generally that the majority of airport property would be leased to the Ithaca Festival. This property was generally bounded by Taughannock Boulevard on the south and west, Park Road on the east and the low -water line of Cayuga Lake, which was then the north boundary of the City of Ithaca, on the north. Included in this original lease was the parcel of property to be known as the Festival Lands. This lease was made in contemplation of construction of a million dollar performing arts center. Article Fifth of the lease provides that if such construction did not commence in the future, the lease would cease and terminate and the respective obligations of the parties to each other would also cease and terminate. Because of the failure of construction of a performing arts center as contemplated by this lease, I think a good argument can be made that its terms became ineffective. There were two other terms of this lease which bear some - 2 - discussion. Article Eighteenth provided that "in the event that during the term of this lease agreement, certain lands are acquired by the lessor (the City of Ithaca) from the State of New York, which said lands adjoin the demised premises on the north, resulting from the development of Flood Control Project, the lessor agrees that such land shall be held as park land in keeping with the development of the demised premises by the lessee and shall not be leased or sold for any commercial purpose which is not compatible with or shall interfere with the natural development of the demise premises for the purposes herein above described in Article Third (construction of a performing arts center)." The property described in this paragraph is the property to the north of the Festival Lands which was created by depositing the fill from the construction of the Cayuga Inlet. Therefore, the reference to park land does not refer to the Festival Lands, and again, it is doubtful whether this paragraph was effective because of the failure of construction of the performing arts center. Also to be noted is Article Twenty -Sixth of this agreement. This Article provides as follows: "It is understood and agreed that except for the portion of the above - described premises occupied by buildings, enclosures, structures or parking areas which presently exist or which may hereafter be constructed upon the above - described premises, said premises shall be made available to the public for recreational purposes, without admission charges, subject to the rules and regulations of the Board of Public Works as they may relate to the enforcement of such recreational use. However, nothing herein contained shall be construed to mean that such lands are dedicated for ark purposes." (Emphasis added.) - 3 - The next legal document which was executed relative to this property was the Joint Development Project for a National Arts and Recreational Center at Ithaca — Memorandum of Understanding. This agreement was between the City of Ithaca, State of New York and the Center for the Arts at Ithaca, Inc., and was executed on or about August 25, 1967. It appears that the Center for the Arts at Ithaca, Inc. was a successor to the Ithaca Festival of the Classics, Inc. This document provided for the comprehensive realignment of property west of the new Cayuga Inlet Channel and provided for the development of this property. Generally, the City of Ithaca conveyed the northerly portion of its former Cass Park to the State for development as the Treman State Marina. The southerly part of the former Cass Park and the southerly part of the airport lands were joined together to form the new Cass Park. Certain lands in the northerly part of the former airport property were conveyed to the State, and a portion of the former northerly part of the airport property was to be leased to the Center for the Arts at Ithaca, Inc. for development as a performing arts theatre area with a Festival Theatre, Concert Hall and parking areas. Whereas the prior lease between the City of Ithaca and the Ithaca Festival of the Classics, Inc. had leased a large portion of the former airport property to the Ithaca Festival for development as a performing arts area, the joint development project provided that only the area of land to be known as the Festival Lands consisting of approximately 14 acres of property t Mme. wf y =s ,,.. 5.s, --•�.. T w.r...4:.� �w.�...�.�.. -a.� .a. :. «''� uT was to be leased to the Center for the Arts at Ithaca, Inc. for development as a performing arts area. This three -party agreement did provide that the City would retain and develop for park and recreation purposes that portion of Cass Park and old municipal airport property designated on the master site plan which were not conveyed to the State or leased to the Center. It appears that City maps thereafter consistently showed the northerly boundary of Cass Park in accordance with the division of lands provided by this agreement. Paragraph 16 of this agreement did further provide that the State, the City and the Center should use their respective lands only for purposes shown on the master site plan and the State Marina site plan and that any further deviation from these plans would be subject to a written agreement by the parties hereto. The agreement also provided in paragraph 14 that the Center agreed to renegotiate its lease with the City to permit the terms of the Memorandum of Understanding to be carried out and the development of the area to be accomplished. The next legal document which I reviewed is a release of part of the leased premises executed by the Ithaca Festival of the Classics, Inc. on or about October 14, 1969. Basically this document releases from the 1965 lease agreement all that southerly portion of the former airport which was to be incorporated into the new City Cass Park. Also it appears that certain minor realignments of the Ithaca Festival property were accomplished by agreement between the State and the Center for - 5 - the Arts at Ithaca, Inc. as the present configuration of the Festival Lands varies somewhat from the proposed configuration in 1967. However, it is important to note that the northerly and southerly boundaries of the Festival property have remained at all times the same. The southerly boundary is the northerly boundary of Cass Park and the northerly boundary is the former low -water line of Cayuga Lake. As we know, it was not possible to construct a performing arts center on the Festival Lands as contemplated in the 1967 agreement. on or about July 22, 1974, the City of Ithaca entered into a lease with the Center for the Arts at Ithaca, Inc. for a lease of the former hangar building of the City airport for use as a performing arts facility. This lease has been continued to the present day and includes a portion of property surrounding the hangar building. It does not appear, however, that any of the property leased to the Center for the Arts at Ithaca, Inc. is the same as the former Festival Lands. It appears that the Hangar Theatre lands are wholly within Cass Park, and that the northerly boundary of the hangar lease property is the same as the northerly boundary of the Cass Park lands. The legal result of the foregoing is that the City owns an irregularly shaped parcel of land north of Cass Park bounded on the east by the Treman State Marina on the west by lands owned by the Finger Lakes State Parks and on the north by the property reclaimed with fill from the Cayuga Inlet Project. It appears that there are no current agreements legally binding on this 6 - ' property, and that it is in a sense a forgotten piece of property in the development scheme in this area. The question has been raised as to whether or not this property is legally park land or has any other legal restrictions regarding its future use. Land can become dedicated for park purposes through specific provision in the deed trust or other instrument transferring the land to a municipality. As noted, there was no specific designation of the former City of Ithaca airport property for use as park land in the original conveyance to the City of Ithaca, and indeed, the property was used in excess of 30 years for non -park purposes. A municipality may itself formally dedicate land acquired for general purposes to park purposes. Additionally, dedication can occur without formal proceedings through the activities of the municipality in respect to the property. I have reviewed court cases on this matter to determine whether or not the City of Ithaca has in fact dedicated the Festival Lands to park purposes without formally making such dedication. In the case of Village of-,Croton-on-Hudson v West Chester County, 38 A.D.2d 979, 331 N.Y.S.2d 883 (A.D.2, 1972); the Court found that where lands had been acquired by the County for public park purposes by a special borrowing, and had been used for such park purposes for over 45 years, there had been a dedication of the property for park purposes and acceptance of such dedication by implication by the acts of the municipality, despite the fact that the deeds to the property contained no - 7 - ` restriction of the land to park use and there did not appear to be any formal dedication by the municipality of the land to park use. In the case of Gewirts v. City of Long Beach, 69 Misc. 2d 763, 330 N.Y.S.2d 495 (Sup. Ct., Nassau County, 1972); aff'd 45 A.D.2d 841, 358 N.Y.S.2d 957 (A.D.2, 1974); the Court again found that certain lands were dedicated to public park purposes despite the fact that there was no restriction in the deeds to the properties to the municipality. In this case the City of Long Beach had designated the area as a public park by local law and had continued to use the property as a public park for a period in excess of 30 years. The Court also noted that the City had taken steps to obtain federal funds to finance measures designed to lessen the erosion of the beach and to reconstruct the boardwalk in the park. The Court found this further evidence of dedication of the property to a public park. I have also considered the case of Pearlman v. Anderson, 62 Misc. 2d 24, 307 N.Y.S.2d 1014 (Sup. Ct., Nassau County, 1970); aff'd 35 A.D.2d 544, 314 N.Y.S.2d 173 (A.D.2, 1970). In this case the Court again considered whether a dedication to park purposes had been made by a municipality. The Court noted that the deeds to the parcels of property in question imposed no restrictions on the use of the properties. The Court noted that one of the parcels in question was obtained by purchase after publication of a notice of domination for the purpose of "extension of municipal utilities, park and recreation area of - 8 maST .... _.. Mill River." The Court noted though that all three parcels of land were acquired pursuant to the authority contained in Section 89 of the Village Law and not Section 169 which is the authority for acquiring lands specifically for park purposes. After acquiring the properties, the municipality took the following actions in regards to the property. A metered parking lot was constructed on a small portion of the lots. Blacktop walkways were constructed in certain areas. At one time lights were installed which were later removed because of vandalism, and some park benches were placed along the walkways. A short time later a few shrubs and trees were planted. The evidence before the Court indicated that people had used the walks and that children played on the property and that some of the benches were also used. At some further unspecified date a sign was erected by the Village stating "park closed /no trespassing between sunset - sunrise by order of RVCPD.11 The Village published annual reports in which there were references to the Mill Park River area. In one of these reports there was specific reference to the property involved as having been made into a "sit -down park." _ However, there was no resolution adopted or any official act of the trustees of the Village with respect to the land. The Village intended to build a village hall with parking on approximately 18 percent of the property in question and had adopted a bond resolution to pay for such construction. Legal proceedings were brought to challenge the ability of the Village to take such action with regard to the property. The Court noted - 9 - that proof in the case revealed that the Village had a fairly good percentage of lands devoted to park and recreational use, some of which were very close to the property in question. Those challenging the Village efforts to construct a village hall in this property contended that the area was now restricted to park use, and that no portion of it could be used for any other purpose without express state legislative action. The Court noted that the question in the case was whether or not the acts of the Village as noted above were sufficient to constitute a dedication of the premises as a park. The Court noted that the property was acquired for general municipal purposes by the Village and that at such time the land could have been used for any public purposes. The fact that the Village cleaned up the property, put in a few shrubs and trees, walkways with four or five benches, and it was used to a small degree as a park, did not seem to place this property into a trust for park purposes. The Court noted that to hold otherwise would cause public officials to bar the use as a park of land required for future needs and that such action would certainly not be in the public's interest. It appears to me from reading these cases that something more than mere use of the Festival property by certain persons for park purposes is necessary in order to find that the Festival Lands have been dedicated to park purposes. I do not find in the material you have forwarded to me that the City of Ithaca has made any improvements to the Festival Lands or has at any time - 10 - ..,. �%we u..kr..:...r u�!,� ....hr:•� �.'qpx; Mme.',, r+•.. - & S . >a.,t � ..a.w ... .. marked them as park property or treated them as park property. It does not appear then that any de facto dedication of this land to public parking purposes has occurred. I have had brought to my attention Ithaca Charter Section 5.23 entitled "Public Parks." This Section generally provides that the Board of Public Works shall have the power to regulate and maintain public parks in the City of Ithaca. Paragraph 2 of this section goes on to provide as follows: "The word parks is hereby defined to include all public grounds and places, except cemeteries, which shall have heretofore been under the control and supervision of the City of Ithaca and all public grounds and places hereafter acquired by the City of Ithaca under the provisions of this Charter." The question is,whether or not this provision of our City Charter makes the Ithaca Festival Lands inalienable park lands. Although this section does seem to provide that all city lands and buildings are park lands, I cannot believe that this section was intended to provide that all city lands and buildings are dedicated to park purposes. If such were the case, then City Hall itself would be designated a park and any and all city property would require legislative approval in order to sell it or use it for other than park purposes. I believe that the meaning of this paragraph is to provide that all public grounds and places are under the supervision of the Board of Public Works. Only if this paragraph is construed in this manner can it have any real meaning. I would also note, as was previously • - 11 - discussed, that the original lease agreement between the City of Ithaca and the Ithaca Festival of the Classics, Inc. executed in 1965 provided specifically that the agreement was to be construed not to mean that such lands were dedicated for park purposes. Again this provision in this lease would have no meaning if it was automatically overridden by Section 5.23 of our Charter. I have also considered whether or not the Festival Lands are subject to any federal restrictions on their use or disposal. In 1967, the City of Ithaca did receive federal land and water conservation fund monies to acquire property to use as Cass Park. The property acquired which was approximately 48 1/2 acres was the former Lehigh Valley Railroad property which lay to the south and east of the City's airport property. obviously, the City already owned the airport property, and it does not appear that any of the land and water conservation fund monies obtained in 1967 were used other than to acquire property to the south and east of the airport lands to be used for the new restructured Cass Park. Again in 1979, the City obtained land and water conservation fund monies to make improvements in Cass Park. The improvements made with this money included the swimming pool, the ice rink and certain improvements to the softball fields. It does not appear that any of these grant monies were used to make improvements in the Festival Lands. Since on neither occasion were federal funds used to obtain or make improvements to the Festival Lands parcel, - 12 - 6 I do not believe that the Festival Lands are encumbered by any restrictions applicable to federal land and water conservation fund grant properties. cc: Mayor John Gutenberger All Aldermen Betsy Darlington, Chairman of the Conservation Advisory Commission - 13 - CITY OF .ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK -14850 .y OFFICE OF TELEPHONE: 272 -1713 CONSERVATION ADVISORY COUNCIL CODE 713 March 8, 1988 Ronald L. Lane, P.E. Chief of Engineering Services Dormitory Authority of NY 161 Delaware Ave. Delmar, NY 12054 -1398 Dear Mr. Lane: The Conservation Advisory Council of the City of Ithaca received the EAF for Cornell 's new multi - purpose gymnasium after our Feb. meeting. Our next meeting wont take place until after the March 11 deadline for written comments. Therefore, we have not had a chance to discuss the EAF as a group. However, I have spoken on the phone with several members, and some concerns have been raised. One concern is with the aesthetic impact of the building. We hope that the exterior material and the overall design will be attractive, and that lots of trees and shrubs will be planted around the building. We have not seen drawings of the building, and so cannot comment on specific aspects of its appearance. Members also have questioned the adequacy of the parking plans. The building will seat about 5000 spectators, and although there will be many walk -ins, there will also be many cars. Is there really sufficient parking? One member asked if more parking could be accommodated under the building (either below grade or at grade). Although this would increase the height of the building, that would be preferable to spreading parking lots out over an ever - larger area. Members have also observed that on page 6 of the EAF, the question ( "Will there be any drain -off from roads or parking areas into a stream, lake or any other body of water ? ") is answered "No." Since run -off will enter nearby Cascadilla Creek, and then Cayuga Lake, this question should be answered "Yes." Finally, we are concerned that the map we received shows 300 new parking spots at the site of the old Oxley Arena. This is a singularly inappropriate location for a parking lot. Cascadilla Creek is right next to the proposed lot, and pollutants from the cars will wash directly into the water. While it is true that some other parking lots, both in the city and at Cornell, are next to creeks, such a practice is damaging to the quality of the water and the life it supports, and should be avoided. Sincerely, Betsy Darlington, Chair Cc: Senior Vice President James Morley 4 Vice President John Burnes Paul Griffin, Facilities Planning and Construction H.M. Van Cort Mayor John Gutenberer "An Eq al O ortunity Employer with an Affirmative Action Program" , CAC members anti liaisons S,�Q, 31uMu�> .Jl Q�1D'Beard Ck,�r /- . March 18, 1988 Memo to: P &D Dept. P &D Board C a r.,, ,. s BPW Building Dept. Members of Common Council From: Conservation Advisory Council (Betsy Darlington, Chair) Cc: Members of the CAC Re: EAF s for Parking Ordinance, Wells Subdiv., Garcia Subdiv. Date: March 18, 1988 EAF for Amendments to front yard parking regulations: We concur with the negative declaration. We had a few suggestions on the way the EAF was filled out: 1. In general, all questions should be answered, at least with an N /A. (Entire pages shouldn't simply be crossed off.) 2. Page 5 (part 1), #22: we felt that all zoning categories should be listed. 3. Page 8, #16 (part 2): "yes: other impacts: will improve aesthetic quality of neighborhoods." 3/18/88 (CAC comments) EAF for Wells Subdivisiion at 140 Coddington Rd. Because we did not receive a part 2 or part 3, we could not do a complete review. These are comments on what we did receive: I. Initial application, #7: is "none" the correct answer for work to be done by city? Map says "new water main by city." Also, what about road plowing? (Re sewer, map says "new san. sewer by owner. ") (Will road be deeded to city? If so, we assume there are mechanisms in place to assure it meets city specs.) 2. SEAF, 110: answer should be yes. (P &D Bd., at least.) 3. LEAF, Part 1, page 1 (bottom of page): under "other" it should also say "some mature trees." 4. Same place: numbers have to be wrong. Neither column adds up to 1.51 acres. 0 acre has 43,560 sq. ft.) (Perhaps 63,340 sq. ft. is the total area? That would be 1.454 ac.) Anyway, with the wrong numbers we can "t tell what's planned. 5. Part 1, page 2, #12: answer should be yes. (Views are spectacular.) Also, answer should be consistent with answers on application ( #4). 6. Part 1, page 3, # If: where will the off - street parking be located? 7. Part 1, page 3, #3: what about the trees? Will they be left in place? 8. Part 1, page 3, #4: what sort of landscaping is proposed? (That area of the city has seen enough large development with nothing but grass around it.) 9. Part 1, page 4, #15: (solid waste) Should be answered yes: Tompkins Co. Landfill 10. Part 1, page 5, #23: is Common Council approval needed? (We didn't think so.) 3/18/88 (CAC comments) Garcia Subdivision EAF The CAC has several broad concerns with this proposal: removal of vegetation and wildlife, soil erosion, the slope, and the stream that runs just inside the southern border. The CAC feels that an EIS should be done. A subcommittee met to consider the EAF in more detail. We felt that if the project were substantially modified, an EIS might not be needed. Of course, this would depend on what the modifications were. LEAF, Part 1: 1. page 1, A 3: In light of a conversation the chair (Betsy Darlington) had with Mr. Garcia, we would like clarification on the 'other: lawns, orig." Does he now plan to clear off everything except the trees and replace it with lawns? (More landscaping than this should be required - -or areas of brush should be left; otherwise the impact on the wildlife will be even more severe. Just lawns would also be aesthetically out of character with the neighborhood.) (This and later answers leave us confused as to his intentions.) 2. page 2, #8 (threat., endang. species): this should be checked by an ornithologist during spring migration and summer. (The variety of birdlife listed by neighbors indicates the area is very rich in this regard; presence of threatened or endangered species is not by any means out of the question.) 3. page 2, #11 (used by community as open space): indications are that the answer is yes. 4. page 2, #12 (views important to community): yes (especially into the site) — 5. page 3, Blb (acres developed initially and ultimately): shouldn't these read 1 ac. initially (for roads) and 5.7 acres ultimately (entire developoment)? 6. page 3, B3 (amt. of veget. to be removed from site): According to page 1, this figure is 4.7 acres. Which figure is correct? 7. page 3, B4 (veg. to be removed): add after "Trees and brush in roadway," the phrase "and where houses will go." Also, should be consistent with page 1. 8. page 4, #6 (period of construction): is the 12 months for completion of the road only? #8: blasting? Maybe - -see later comments, under noise. 9. page 4, # 13 (change in surface area of waterways): on -site stream s volumn- -and surface area - -would probably increase. (Impervious materials will replace some vegetation. Also, amount of vegetation left around stream will influence degree of impact.) 10. page 5, #19: (noise, etc. during construction in excess of local ambient noise level): should be yes. Also note: at a meeting with neighborhood residents, Pat Hannan said that blasting would be needed to relocate the gas pipeline for the road. He also said that blasting was needed when the city put in the water main up there. And he felt blasting might be needed for putting houses along the rather steep grade. 11. page 5, #21 (anticipated water use): gal. should be figured at 100 gal. per person per day (acc. to water dept.). 3500 is too low for 14 families. (4200 -5600 for families of 3 or 4 people) Part 2: (circled section) (If a threshold is equalled or exceeded, it must be checked in col. 2) 12. page 2, #1 (effect from physical change): first two thresholds should be checked in column 2 (slope exceeds 10 %; water table is 1 -2 feet) 5th threshold (constr. for more than 1 year): will all homes and the road be completed in 12 months? If not, shouldn't this be checked in column 2? 8th threshold (veg. from more than 112 acre): should be checked in col. 2 10th threshold (removal of topsoil from more than 1/2 ac): should be checked in column 2 13. Page 3, #4 (protected body of water): should be "no" 14. Page 3, #5 (Nonprotected body of water): "Yes" And under "other," it should say, "one permanent and one intermittent stream on site ", and be checked in column 2. 15. page 4, #6 (effect on water quality): last threshold (siltation, etc. into existing body of water) should be checked in col. 1 or 2. (There almost certainly will be such an effect during construction of road and houses. And after, if no mitigating measures, such as revegetation are taken.) 16. Page 4, #7 (small increase in rate of runoff): this could be a large impact unless extensive revegetation is untertaken. 17. Page 5, #10 (impact on flora and fauna): "Yes" And both thresholds should be checked in col. 2. (Interfere with any resident or migratory species; removal of more than 1/2 acre of mature woods or other locally important vegetation) 18. Page 6, #11 (impact on vis l character of neighborhood or community): first two thresholds should checked in col 1 or 2 (intro. of new materials, etc. in contrast to surrounding landscape; and project easily visible, not easily screened, and different from others around it.) (Note: If project retains the current vegetation on north and east, screening might be adequate. And if lots of vegetation is left around homes, the project will fit in better with neighboring residences, even though it of course will still be different from the current landscape and the landscape to the south and west.) 19. Page 7, #13 (impact on present or future rec. opportunities): "Yes" And check both thresholds (col. 1 ? ?). (Permanent foreclosure of future rec. opportunity; major reduction of an open space important to community.) 20. Page 7, # 14: we were not aware at the time of our meeting of a potential transportation problem that came out in a later meeting with neighbors: In snowy weather many cars are unable to make it up Taylor Pl. from Hector St., and they all end up parking at the bottom of Taylor Pl. Twenty eight extra cars being added to this at rush hour could be a real problem, esp. considering the Hector St. curve just above that intersection. 21. Page 8, #16 (disturbance during construction): Yes. And last two thresholds should be checked (in col. 1 or 2, depending on what will be done - -e.g blasting ? - -and the time of day. (Noise above local ambient noise; removal of natural barriers that would act as noise screen.) 22. Page 8 -9, #17 (health and safety): Yes. (And see #20, above.) Last threshold (de- icers, pesticides, etc.) should be checked in col. 1 (or 2 ?) 23. Page 9, #18 (impact on character of neighborhood): Yes. And check last threshold ( "other ": loss of open space and wildlife) 24. Page 10, #19 (Controversy): maybe last threshold should be checked in col. 2. No Part 3 was completed. The meeting with neighbors indicated many objections to the project as it is currently proposed. Objections focused on traffic through the only access (Taylor Pl.)- -esp. in winter; erosion during construction; the steep grade - -esp. of the cul de sac and building sites (and the extensive site preparation this would entail); and the impact on wildlife. Many said they had settled on West Hill because of the wildlife and other natural features. And, although the zoning permits lot sizes of 10,000 sq. ft., most lots are much larger up there; the residents like the feeling of open space that this gives to the neighborhood (though one said, "But maybe I don't have a right to it. ") The sense of the meeting, at least of this group of about 10 neighbors, seemed to be that the project would be more acceptable if it were substantially modified and scaled down. The legality of the cul de sac was also raised since it is not shown on the city's master plan for area roads. Memo to: P &D Board P &D Dept. 15z A d- Building Dept. (Waterfront EAF only) T. Ciaschi, J. Sharma, Bergman and Alexander, Mogil and Chilson (as applicable) Copies to: Members of Common Council CAC members From: Betsy Darlington, CAC Chair on behalf of CAC Subcommittee Re: Various EAF s Date: April 22, 1988 The Conservation Advisory Council Subcommittee on EAF s met today to review four EAF s that came in this week, and which will be acted on before the May meeting of the full council. In at least one case (Sunrise Terrace Subdiv.), the full council should have been able to consider the EAF. The P &D Board and CAC Chairs will be meeting soon to consider how this recurring problem can be solved. ' 1. Mogil subdivision on Floral Ave. (expansion of single- family residence by 14 square feet) Conclusion: No significant impact. 2. 221 Columbia St. subdivision (addition of a driveway next to home) Conclusion: No significant impact. The two remaining EAF s will be considered on separate pages: Sharma EAF: 15'x c. 65' expansion of On the Waterfront, 702 Willow Ave. (Glass structure would be added to west side of building. 15' width would be along Cascadilla Creek; 65' length would be along side of existing building.) Conclusion: project scale and location (on west side of building) seem to be such that there would not be a significant impact. We urge the developer to landscape (at the very least with grass) the area in front, and to put in curbing. Present appearance of that area is unappealing. Lack of curbing encourages random parking which furthers deterioration of the surface and contributes to the unkempt appearance. Additional subcommittee suggestions on the EAF: 1. Short form "project information:" #5: length of building is not given. A call to Mr. Sharma gave us the 65' figure. Also, the plat shows a new parking lot, but none is described in the EAF. Is this something that has already been approved? If not, how many cars is it for and why isn't it described in the EAF? # 9: (present land use in project vicinity), and # 16, page 2 of long form (land use within 1/4 mile): Montessori Preschool should be noted. 2. SEAF, #2: Should be "Yes" ( "Critical environmental area ") Lang form: 3. Part I page 2: #10: project site is "within or contiguous to a site designated a ...critical environmental area..." ( Cascadilla Creek) # 17: (Has site been used as a dump ?) Is this area part of the old city dump - -which had hazardous wastes in it? page 3: Project description is incomplete--#1 d (length in feet), f (parking spaces now, and proposed), g (max. veh. trips per day and per hour), h (commercial -- employment), i (height of structure) page 4: # 13 is answered "yes" (increase or decrease in surface area of body of water). Is this an error? If not, what's the explanation? Will structure extend out over the water? # 15: (Disposal of solid waste): a: yes; b: presumably yes; c: Tompkins County Landfill ( ?); d: no 4. Part II page 2: #1 (effect from physical change to site): Should be answered yes if parking area will be for 50 or more vehicles (column 2, if so), and if in a designated floodway (we couldn't tell from our zoning map) #3 (An effect on a critical environmental area): yesi col. 1 page 3: X65 (Effect on body of water): yes, and check column 1 (small to mod. impact), next to Cascadilla Creek threshold Sunrise Terrace Subdivision (Timothy Ciaschi, et al.) I. Conclusion: Subcommittee sees several potentially large impacts, and recommends a positive declaration. U. Major areas of concern: drainage erosion impact on Silver Creek (same as Cliff Park Brook) (and Cayuga Inlet) impact on the natural environment loss of open space foreclosure of possible future use as a neighborhood park obstruction of views from neighboring properties cumulative impact of this and various other nearby proposed subdivisions (INNS, Garcia, etc.) on Octopus traffic III. Possible mitigating measures to address some of these concerns would include: preservation of as much of the natural vegetation as possible minimal disturbance of the ground cover; erosion controls (one of which is to preserve existing vegetation); extensive landscaping. Members noted that a number of surrounding homes have virtually no landscaping around them other than grass. (Some lack even this, and are eroding.) If 19 more units were to be put in like this, the area would look substantially worse. Moreover, planting of trees and shrubs (or retaining what's already there) would help mitigate the impact on wildlife, esp. birds. IV. Comments on specific items of the EAF SEAF, page 1: #3 (effect on waterways): yes Hill) #8 (visual character, views, vistas): yes (locally and from East #10 (effect on future rec. opportunities): yes #11 (effect on traffic): yes (esp. Octopus) #15 (controversy): is their none? LEAF, Part I page 2, #10: (critical environmental area): yes (Cliff Park Brook is Silver Creek, which applicant apparently is not be aware of.) (Local ordinance should clarify this.) #11: (space used as open space or recreation area): don't kids and birdwatchers use the area? (We don't know answer.) (Even on raw, snowy - sleety April 21, many bird species were seen or heard there.) #12: (views): yes! page 3, B, l,b (acreage developed, initially and ultimately): doesn't "initially" mean now? If so, figure should be 0. (Wording of form needs to be clearer.) — B,2 (type of natural material to be removed): no soil? If so, how much? (What about where pavement and houses will go ?) B,5 (revegetation plans): does yes answer mean developer will do this or he expects that homeowners will do it? page 4, #14,b (contiguous to Silver Creek): yes (applicant wrote in Cliff Park Brook, apparently unaware that they were the same) # 15,b (use of an existing solid waste facility): yes (we assume!) c: Tk. Co. Landfill M #16 (pesticides): yes (homeowner use is widespread, and can be expected) page 5, #21 (water usage per day) (figure not given; we estimate 7600 gal (100 gal per person per day x 4 people x 19 units) LAEF, Part II Impacts which may equal or exceed a threshold should be checked in column 2 #1, 1st threshold (construction on slopes of 15% or more): column 2 2) 4th (bedrock exposed or within 3' of surface): col. 1 (or maybe 5th (more than 1 year; more than 1 phase): col. 2 (3 stages, 2 years) 8th (removal of veg. from more than 1/2 ac.): col 2 10th ( " topsoil " "): maybe col. 2 (if topsoil from 1.9 ac. for roads, driveways and buildings is to be removed from site) #3 (Critical env. area): yes (Silver Creek) #5 (effect on body of water): Silver Creek - -col. 2 (Also Cayuga Inlet) #6 (Effect on surface or groundwater quality): yes last threshold (siltation, etc. into body of water with obvious visual contrast to natural conditions): col. 2 i�0 r` lei �e ce. -s S C,At,.2 ,- Ce - #8 (Air quality): yes (maybe) "Other:" wood stove emissions (if people install them). (Getting to be a big problem.) #9 (Threatened or endangered sp.): each threshold is a possibility, (unless it s been checked and found otherwise). #10 (Non- threatened sp.): first 2 thresholds (impact on wildlife; removal of more than 1/2 ac. of woods or imp. veg.): col. 2 #11 (Visual impacts): 1st threshold (new materials, etc.): col 2 3rd (elim. or screening of scenic views): col 2 Note: what does "project will create new visual corridors" mean? # 13 (present or future rec. opportunities): 1st thresh. (permanent foreclosure of future rec. opport.): col 2 #14 (traffic): 2nd thresh. (traffic problems): col. 1 Note: how easy is it to get up Sunrise Rd. in snowy weather? Will problems develop at Hector St. in such weather? col. 2 "other ": cumulative impact with other developments on W. Hill: #16 (Construction disturbances): 1st thresh (blasting within 1500 ft. of a school): yes C col . 2-) 3rd thresh. (noise above local ambient levels): col. 2 #17 (health and safety): last thresh. (chemical use): col. 2 #18 (character of neigh.) 5th thresh. (precedent for future projects): col. 1 #19 (controversy): are peoples opinions known? Memo to: Developer of Sunrise Terrace From: Betsy Darlington, CAC Chair (273 -0707) 71 Date: April 23, 1988 In the event that an EIS must be prepared, the following notes might be of use to you. I walked quickly over much of the site on April 21. The bitter cold, snow, and sleet prevented me from being very thorough and from checking the most northern portion of the site. (And I wasn't sure where the northern boundary was.) I heard or saw the following bird species: flicker tufted titmouse chickadee house finch goldfinch ruby- crowned kinglet pine siskin field sparrow robin crow maybe meadowlark (a coughing attack interfered with the sound I heard). On a nicer day, the list would be longer. Plant species: ash and black locust (the two dominant species on the site) .4 C, staghorn sumac (an especially fine stand of this underrated and valuable plant) red osier dogwood Russian or autumn olive M hawthorn (choke ?) cherry various brambles honeysuckle burdock grass I did not find as much diversity of tree species as would be desirable, at least on the portions I checked. Nearer Silver Creek (I think off your property), there's good diversity. Also: Many signs of deer, and a mound full of woodchuck holes (another underrated species) Sto n Ll ((, tin To the Editor: On Thursday, May 19th Common Councils Charter and Ordinance Committee and the city's Conservation Advisory Council are hosting a meeting to hear comments from the public on a proposed smoking ordinance. The meeting will be at 7:30 PM in Common Council Chambers Ord floor of City Hall). The proposed ordinance would restrict smoking in a large number of di." � (,-) Lv K 'e t-v c -s public places ,throughout the city. People can get copies of the draft ordinance from the City Clerk in City Hall, 108 E. Green St. The smoke that curls off the end of a cigarette contains a long list of toxic chemicals. According to Dr. Joel Nitzkin, Director of the Monroe County Health Dept. in Rochester, there are more deaths from environmental tobacco smoke than from all industrial toxic air emissions put together. "Passive" smoking has been shown to increase the risk of respiratory illness, lung cancer, leukemia, cervical cancer, and breast cancer. * Tobacco smoke is more than a mere nuisance; it is a serious health hazard.` Just as we have laws that outlaw combining drinking and driving, or target - practicing on the Commons, many people in Ithaca feel that we need to regulate this newly recognized danger. Clean air, just like pure water and untainted food, is a basic necessity ., and it is the responsibility of governments to protect 'Lt The meeting on May 19th is your chance to give us your comments and suggestions on the draft ordinance before it is sent on to Common Council for action. Dick Booth, Chair, Charter and Ordinance Committee Betsy Darlington, Chair, Conservation Advisory Council Lv,� ITHACA'S SMOKING ORDINANCE: SMOKING IN PUBLIC PLACES This sheet summarizes the provisions of the City of Ithaca's smoking ordinance that regulate smoking in indoor places open to the public. Please refer to the ordinance for further details. A separate sheet summarizes the ordinances regulation of smoking in the workplace. General Mmking prohibition: With certain exceptions, the ordinance prohibits smokin in all indoor areas open to the public. Public areas covered yTy lT TTs general prohibition include, but are not limited to: ** museums, theaters, places of worship, libraries, public buildings; ** food markets, stores, food service establishments, laundromats, banks, and all other commercial service establishments; ** arenas, gymnasiums, auditoriums, clubhouses, enclosed swimming pools, health clubs, and other enclosed athletic facilities; ** elevators, lobbies, stairways, waiting areas, restrooms, hallways; any facilities where the public routinely conducts business; ** public transportation vehicles, including taxicabs, limousines, and buses; enclosed bus stops; * police vehicles while being used to transport members of the public; * hospitals, residential health care facilities, and all other facilities and offices that provide health services; ** educational and vocational institutions; * all places of public accommodation that serve ten or more people. Exceptions to general smoking prohibition: Notwithstanding the general prohibition against smoking in indoor public places, smoking maybe permitted in the following places under certain circumstances: ** a separate enclosed room or rooms -- vented to the outdoors - -in a food service establishment, club house, or service club (such room(s) not to exceed 30% of the facility es capacity or area); * the concourse area of a bowling establishment; ** a bar that does not contain a food establishment; * a bar that contains or adjoins a food service establishment if the bar is in a separate enclosed room(s), vented to the outdoors; a bingo establishment, provided there is a contiguous non - smoking area for at least 30% of the seating capacity (and up to 70% of capacity if demanded by customers); * not more than 70% of the individual rooms rented at places of public accom- modation serving ten or more persons, provided at least 30% of the rooms are maintained as smoke -free areas; ** a separate enclosed room(s) -- vented to the outdoors - -used primarily for smoking purposes in any indoor area open to the public; * retail tobacco stores involving only incidental sale of other items; * a theatrical production (by the performers only); ** jury deliberation room(s), subject to the discretion of the presiding .judge and provided that the rights of non - smokers are protected; ** a private group convention where the participants are individually identified by the organizer of the convention; ** any convention, meeting, or trade show if the organizer gives notice in promotional materials that smoking will not be restricted, and prominently posts notice of that fact at the entrance. -G Where the smoking restrictions do not apply: ** Private homes, private apartments and dwelling rooms, and private motor vehicles (other than vehicles used by an owners employees during the course of their employment); ** any private social function where arrangements are under the control of the sponsor of the function and not of the person in charge of the establishment where the function is held; ** public accommodation facilities serving fewer than ten people; * commonly used areas in fraternities, sororities, multiple dwellings, rooming and boarding houses, and dormitories (for example, lounges, hallways, recreation rooms, laundry rooms, bathrooms, and meeting rooms) --------------- - - - -- General provisions: ** "Smoking" and "No Smoking" signs must be prominently posted. ** Any dispute concerning the meaning of the ordinance must be resolved to provide the greatest protection to all persons from second -hand smoke. * The person in charge of a place covered by the ordinance must request compliance with the ordinance, and must ask persons who do not comply to leave the premises. Note: In order to avoid confrontations, people in charge of places open to the public may find it helps to hand out small printed cards to persons who are smoking in non - smoking areas. We suggest that such cards might say the following: PLEASE DO NOT SMOKE IN THIS AREA Smoking in this area is a violation of Chapter 67 of the City of Ithaca Municipal Code Thank you for your cooperation --------------- - - - -- Waivers: The ordinance provides for waivers in truly exceptional cases where the implementation of the ordinance would cause undue financial hardship or be clearly unreasonable. For example, a waiver may be granted if an establishment is equipped with a ventilation system that meets standards specified in the ordinance. -------------------- Flenalties and enforcement: ** Any person who smokes in any place where the ordinance prohibits smoking will be subject to a civil penalty not to exceed $50.00 per violation; ** Any owner, operator, manager, or person in charge of any place in which the ordinance prohibits or otherwise regulates smoking who fails to comply with its provisions will be subject to a civil penalty not to exceed $200.00 for each day of violation. Effective date: The ordinance took effect October 15, 1988, but the penalties and enforcement provisions will not apply until April 15, 1989. November, 1988 ITHACA'S SMOKING ORDINANCE: SMOKING IN THE WORKPLACE This sheet summarizes the provisions of the City of Ithaca's smoking ordinance that regulate smoking in the workplace. Please refer to the ordinance for further details. A separate sheet summarizes the ordinances regulation of smoking in indoor areas open to the public. General rules: I. Employers must provide smoke -free work areas at all indoor primary work stations for all employees who want them. However, employers may assign employees to work in public places where the ordinance allows smoking (for example, in a separate enclosed room in a restaurant). 2. The general smoking prohibition governing public areas applies to places that are both workplaces and indoor places open to the public. 3. In a public indoor place where smoking is generally prohibited, an employer may designate a separate enclosed room(s) -- vented to the out -of- doors - -for employees to use as a smoking room. 4. No employee may be penalized or discriminated against for seeking full compliance with the smoking ordinance or for stating his /her preference for working in a smoking or non - smoking area. Every employer must adequately guarantee the protection of the rights of smoking and non - smoking employees. 5. An employer has the right to designate the entire workplace, or any portion thereof, as a smoke -free area, subject to any collective bargaining process that may apply. 6. Employers must prominently post "Smoking" and "No Smoking" signs in every place where smoking is regulated by the ordinance. 7. Any question concerning the meaning of the ordinance must be resolved in a manner that will provide the greatest protection to all persons from second- hand smoke. 8. Employers must request compliance with the ordinance by all persons in their place of business, and ask persons who do not comply to leave the premises. 9. The ordinance does not apply to the following places or to employees working in these places: * Private homes, apartments and dwelling rooms, and private motor vehicles (other than an employers vehicles that are used by employees); ** Any place where a private social function is being held during which the arrangements are under the control of the functions sponsor and not the person in charge of that place; ** Public accommodation facilities that serve fewer than ten people; ** Common areas in fraternities, sororities, multiple dwellings, rooming and boarding houses, and dormitories (for example, lounges, recreation rooms, laundry rooms, bathrooms, and meeting rooms). (turn) - +"- • Workplace policy: Every employer must adopt (or if a collective bargaining unit exists, negotiate through the negotiating process) and implement a written policy governing smoking in the workplace. The employer must prominently post a copy of the smoking policy for that workplace and provide a copy to each employee and prospective employee. This policy must do at least the following: 1. Prohibit smoking in any indoor work area occupied by more than one person unless that area is occupied exclusively by smokers. 2. Prohibit smoking in any vehicle controlled by the employer, if the vehicle is used by an employee who wishes to work in a smoke -free area. 3. Prohibit smoking in commonly used areas, including but not limited to hallways, elevators, auditoriums, meeting rooms, supply rooms, rooms containing photo- copying equipment, recreation rooms, restrooms, and employee medical facilities. 4. Designate contiguous non - smoking areas in cafeterias, lunchrooms, and employee lounges, that cover at least 70% of the seating capacity and floor area of these facilities. 5. Require best efforts by the employer to comply with requests from non - smoking employees to be assigned to areas where smoking is prohibited, and to avoid being assigned to areas where smoking is permitted, and require the employer to keep written documentation about these efforts. Waivers: The ordinance provides for waivers in truly exceptional cases where the implementation of the ordinance would cause undue financial hardship or be clearly unreasonable. For example, a waiver may be granted if an employer "s establishment is equipped with a ventilation system that meets standards specified in the ordinance. Penalties and enforcement: I. Any person who smokes in any place where the ordinance prohibits smoking will be subject to a civil penalty not to exceed $50.00 for each violation. 2. An employer in charge of any place in which the ordinance prohibits or otherwise regulates smoking who fails to comply with its provisions will be subject to a civil penalty not to exceed $200.00 for each day of violation. Effective date: The ordinance took effect October 15, 1988, but the penalties and enforcement provisions will not apply until April 15, 1989. November, 1988 OFFICE OF CONSERVATION ADVISORY COUNCIL Jack Dougherty, Dept. of Public 108 E. Green St. Ithaca Dear Jacks CITY OF ITHACA l oe EAST GREEN STREET ITHACA, NEW YORK 148SO May 8, 1988 Superintendent Works TELEPHONE: 272 -1713 CODE 607 First I want to thank you for taking the time a few weeks ago to familiarize me with the history of SW ParkAnd the rationale behind the DPW's activities there. I do believe that both of us act in what we reel is the city's best interest. The fact that we come at it with different perspectivies is a good thing. The best solutions, afterall, come when many aspects are taken into consideration. I really do welcome your insight into things and I certainly understand SW Park better from having heard what you had to says Secondly, I'd like is thank you for taking action to get the household trash that private citizens have dumped in the park removed from there. And finally, just as you asked me to bring my concerns is YOU when I have them, I hope you will do the same, as you did with SW Park and the Chamber of Commerce FAF. I would be the first to admit that I have a lot to learn, and I appreciate hearing other points of view. I hope that if I ask you questions about things you will understand that I really do Just want to understand the particular situation better so I won't rush to a hasty, ill — informed, foolish decision. Best wishes, Betsy Darlington, Chair "An Equal Opportunity Employer with an Affirmative Action Program" CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 11495)3: OFFICE OF TELEPHONE: 272 -1713 CONSERVATION ADVISORY COUNCIL CODE 607 May 29, 1988 George Mayer NYSEG° Ithaca - Dryden Rd. , Etna, NY 13062 Dear Mr. Mayer: Would you please send me information about the use of herbicides along the power line that crosses Slaterville and Coddington Rds. just west of Burns Rd. -- in particular, the names of the herbicides, the label information for them, and when they are applied? I was in the section between Coddington Rd. and Six -Mile Creek last week and I noticed that herbicides had been used. Since new green growth is coming up around all the dead woody growth, I would guess they were used last year. I called the City ,s DPW and spoke with Larry Fabbroni who had recently noticed the same thing. He thought you might know what s been used. If not, could you please send this letter on to whomever would know? Since the area in question drains into the water supply for most of the city and some of the town of Ithaca, we would like to know what NYSEG is using. Thanks for your help! Sincerely, Betsy Darlington, CAC Chair Cc: Larry Fabbroni "An Equal Opportunity Employer with an Affirmative Action Program" CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272 -1713 CONSERVATION ADVISORY COUNCIL CODE 607 June 17, 1987 Earl Flansburgh, Chairman Buildings and Properties Committee of the Cornell Board of Trustees Earl R. Flansburgh Associates 77 N. Washington Street Boston, MA 02114 Dear Mr. Flansburgh: At the June 17th meeting of our committee, the following letter was unanimously approved: We, the members of the City of Ithaca's Conservation Advisory Council, are disturbed by Cornell's plan to build the new Theory Center on the south side of Grumman Hall and into the northern edge of Cascadilla Gorge. The building's presence would have a deleterious effect on the quality of life of the many people who walk in and through that area daily. In addition, disturbance of this magnitude would have a significant impact on the flora and fauna of the gorge, as well as at least a short -term impact on the water quality of Cascadilla Creek. The gorges of Ithaca, true natrual treasures, are an intregal part of our City and of of Cornell. They are important as natural areas in which members of the Cornell and Ithaca community, as well as numerous visitors, can find much - needed peace and quiet. This section of Cascadilla Gorge is especially vital in this regard because it is an island of natural beauty in a rapidly developing area. The aesthetic value of the area would be seriously comprised by this construction. A major concern with the plan would be the precedent such construction would set. For about 100 years Cornell has wisely protected the gorges from development. We urge you and your committee to reconsider your decision and reaffirm Cornell's longstanding tradition of gorge preservation. Thank you. UerSince /rely yours, cjh Ashley�iller, Chairman Conservation Advisory Council "An Equal Opportunity Employer with an Affirmative Action Program" a A Memo to Connie or Cookie: Would you please call Ashley Miller by Friday afternoon (tomorrow) to come and sign this letter? (She wants to sign it in person.) Also, C.A.0 would like you to please send copies to: Mayor Sohn Gutenberger M. Van Cort Robert M. Matyas, Vice - President for Facilities, 317 Day Hall, Cornell (14853) Provost Robert Barker, 300 Day Hall President Frank H.T. Rhodes Robert Cook, Director, Cornell Plantations, One Plantations Rd. Carolyn Peterson, Alderman Thanks a lot! .i Y June 17, 1987 Earl Flansburgh, Chairman Buildings and Properties Committee of the Cornell Board of Trustees Earl R. Flansburgh Associates 77 North Washington St. Boston, MA 02114 Dear Mr. Flansburgh: At the June 17th meeting of our committee, the following letter was unanimously approved: We, the members of the City of Ithaca's Conservation Advisory Council, are disturbed by Cornell s plan to build the new Theory Center on the south side of Grumman Hall and into the northern edge of Cascadilla Gorge. The building's presence would have a deleterious effect on the quality of life of the many people who walk in and through that area daily. In addition, disturbance of this magnitude would have a significant impact on the flora and fauna of the gorge, as well as at least a short -term impact on the water quality of Cascadilla Creek. The gorges of Ithaca, true natural treasures, are an integral part of our city and of Cornell. They are important as natural areas in which members of the Cornell and Ithaca community, as well as numerous visitors, can find much - needed peace and quiet. This section of Cascadilla Gorge is especially vital in this regard because it is an island of natural beauty in a rapidly developin , area. The aesthetic �, -value o t e area would be seriously compromised by this construc- t ion. A major concern with the plan would be the precedent such construc- tion would set. For about 100 years Cornell has wisely protected the gorges from development. We urge you and your committee to reconsider your decision and reaffirm Cornell 's longstanding tradition of gorge preservation. Thank you. Sincerely yours, Ashley Miller, Chairman Conservation Advisory Council Memo to: Leslie Chatterton The CAC,s subcommittee for EAFs met today to review the proposed project. We are unclear as to what the project proposes to do. On the one hand, it seems to indicate interior renovations, but on the other hand it states that the number of parking spaces on the site will increase from 12 to 43. So, is a parking lot part of the project? We proceeded under this assumption. We felt that adding so many people and their cars to this once - beautifully landscaped property could have a significant environmental impact. A fraternity is supposed to locate in the building, which could have a severe impact on the entire site and neighborhood. Specific areas of concern: I. Drainage from a once- vegetated site that has been turned into a parking lot. 2. Erosion of banks below the lot. 3. Trash and debris on and around the site. 4. Appearance of the site from neighboring homes and streets. This once - lovely property has already suffered significant aesthetic and environmental degredation from earlier removal of important vegetation. Further deterioration can reasonably be expected, given the intended uses for the site. We had a number of comments and questions about specific items: SERF -- Project info: #7 If only interior work is intended, how can 0.5 acres be involved? Or does the project indeed include a parking lot? We skipped Part 2 of the SERF; comments on the LEAF would apply to the S EAF as well. LEAF -Part 2 (part 1 comes after part 2 with this EAF) Page 2 1. This is answered "yes" but nowhere does it say what the effects of the changes would be. Page 3. 6. "Yes" Page 4. 7. "Yes." Drainage certainly will be altered as a once - vegetated area is converted to a parking lot. Paved parking will increase from 5526 sq. ft. to 17,045 sq. ft., and from 12 to 43 spaces. Page 6. 11. "Yes." (Views, vistas, visual character of neighborhood) Potential large impacts (col. 2) from the first two examples. (Introduction of new materials in contrast to surroundings; easily visible.) 12. (Historic district) 1st and 3rd items - col 2., since they meet the stated threshold. (This is an item a number of people reasonably disagree on how to answer, however.) Page 7. 14. "Yes." 43 more cars entering Buffalo St. (Col. 1, second item) Page 8. 16. The change from vegetation to pavement will result in a change in temperature on and next to the site. This will be most noticeable ILPC members Jason Fane, J. Sharma P &D, BPW, Building Dept. Cc: CAC members Common Council members Re: EAF for 705 E. Buffalo From: Betsy Darlington, CAC Chair �' t Date: June 26, 1988 The CAC,s subcommittee for EAFs met today to review the proposed project. We are unclear as to what the project proposes to do. On the one hand, it seems to indicate interior renovations, but on the other hand it states that the number of parking spaces on the site will increase from 12 to 43. So, is a parking lot part of the project? We proceeded under this assumption. We felt that adding so many people and their cars to this once - beautifully landscaped property could have a significant environmental impact. A fraternity is supposed to locate in the building, which could have a severe impact on the entire site and neighborhood. Specific areas of concern: I. Drainage from a once- vegetated site that has been turned into a parking lot. 2. Erosion of banks below the lot. 3. Trash and debris on and around the site. 4. Appearance of the site from neighboring homes and streets. This once - lovely property has already suffered significant aesthetic and environmental degredation from earlier removal of important vegetation. Further deterioration can reasonably be expected, given the intended uses for the site. We had a number of comments and questions about specific items: SERF -- Project info: #7 If only interior work is intended, how can 0.5 acres be involved? Or does the project indeed include a parking lot? We skipped Part 2 of the SERF; comments on the LEAF would apply to the S EAF as well. LEAF -Part 2 (part 1 comes after part 2 with this EAF) Page 2 1. This is answered "yes" but nowhere does it say what the effects of the changes would be. Page 3. 6. "Yes" Page 4. 7. "Yes." Drainage certainly will be altered as a once - vegetated area is converted to a parking lot. Paved parking will increase from 5526 sq. ft. to 17,045 sq. ft., and from 12 to 43 spaces. Page 6. 11. "Yes." (Views, vistas, visual character of neighborhood) Potential large impacts (col. 2) from the first two examples. (Introduction of new materials in contrast to surroundings; easily visible.) 12. (Historic district) 1st and 3rd items - col 2., since they meet the stated threshold. (This is an item a number of people reasonably disagree on how to answer, however.) Page 7. 14. "Yes." 43 more cars entering Buffalo St. (Col. 1, second item) Page 8. 16. The change from vegetation to pavement will result in a change in temperature on and next to the site. This will be most noticeable (and unpleasant) in summer. Page 9. 18. "Yes." (Effect on character of neighborhood.) Most definitely! Fraternities have a very large impact, and this will, we believe, be the first in that area. (Put in col. 2, under "other impacts ") (Loud, frequent parties can be expected, among other things.) Page 19. (Controversy). Both examples should be checked, we think, in col. 2. A Part 3 is definitely called for. Mitigating measures are badly needed and should be detailed in Part 3. LEAF --Part 1 Page I. A.3. Vegetation should be described. Also, the total in the "after completion" column should add up to the figure in A.3. (23,904) Page 2. 4a. Soil type should be given. 4.b. How did applicant arrive at the 100% well- drained figure if he doesn't know the soil type? A 100% figure for this site would be surprising. 13. "Yes" (Historic building) (We assume "no" is a typo.) Page 3. l.c. Is the vegetation on the banks and around the edges to be removed? s" s 1 vo'4 &- ske is -to l,- 5. If no vegetation is to be removed, haw can there be anything to replace? Either #4 or #5 is answered wrong. What vegetation is to be removed, and what will be used to replace it? Page 4 6. Will project really take only one month? Does this time period include the parking lot? Will parking lot be installed in a second phase? Or will it perhaps be applied for separately? 15. (Solid waste.) a. "yes:', b. "yes." c. Tompkins County County landfill. Page 5. 21. Should have been answered. (At 100 gal /day /person, usage would be 3200 gal, and the source, City water supply.) Memo to: Leslie Chatterton, P &D Mark Haag ILPC members P &D, BPW, Building Dept. Cc: Members of CAC and Common Council Re: EAF for parking lot at 440 E. Buffalo ` From: Betsy Darlington, CAC Chair Date: June 26, 1988 The CAC's EAF subcommittee met today at the site to consider the EAF for this project. Our feeling was that there is the potential for some significant environmental impacts. Some of these are ones which we felt insufficiently qualified to evaluate, and we recommend that a geologist look at the site and give his advice. Barbara Hotchkiss recommends any of the following, all of whom work at the USGS: Phil Zarielli Ward Staubitz Bill Cappell Summary of possible impacts: I. Potential for erosion, especially its Cascadilla Gorge. (And we contend that the project site isA on iguous with the gorge, although it is about 25' from the rim itself? In addition to the finished project, we wonder how construction will take place without damaging the fragile gorge next to it. Will a construc- tion fence be effected at the outside perimeter of the proposed finished parking lot so "ve�>&s, and debris cannot cause damage? The gorge is a fragile place and the soil is shallow. 2. Changes in drainage patterns resulting from changes from vegetation to pavement and changes in topography. We wonder how this site can be drained uphill through pipes to Buffalo St., if a drywell is not approved. The map supplied shows no pipe layout, but does show a steady slope from the site uphill to the south. Furthermore, the projects slope toward the gorge would lead to runoff into the gorge unless the project is constructed with great care. Over time, the fill can be expected to settle and shift. Will it be possible to maintain an inward sloR_e toward a drywell, or proper slopes to drainage pipes? And will it be possible to maintain the retaining wall without damaging the vegetation beyond it? 3. Trash and debris from student populatioin using the site. 4. Pollutants from the cars. 5. Impact on climate in the vicinity, esp. in the nearby parts of the gorge. Large unshaded portions of pavement become very hot on a sunny day, and then radiate this heat back to the surroundings. Mr. Haag is to be commended for intending to save the large Norway maple (not an ash) on the east side of the lot. However, numerous very large shade trees will be removed. Granted, many of these are Norway maples, an introduced species, and native species would be better. But they do serve an important purpose in terms of climate moderation. We would recommend that if this project is approved, it be required that some large shade trees be planted strategically in the parking lot to provide shade, and cooling through evapotranspiration. (This would mean fewer spaces, of course.) 6. Aesthetic impact. The transformation of this wooded area into a parking lot would naturally lead to degradation of the appearance, both from neighboring properties and from the gorge trail. People living in the house immediately to the west would look out nn t at a wooded gorge, but at a wall ten feet higher than A ,_presentrand`at cars. Darlington had thought from her previous conversation with Mr. Haag that the hemlock screening would be outside the entire wall, not in between the two 5- foot -high "steps" of the wall. While some small - rooted plants in the latter area would be highly desirable, anything with a large root system (such as trees) would eventually destroy the retaining wall. It was our feeling that a parking area directly behind the building at 440 E. Buffalo would make a lot more sense and do a lot less damage. (Is parking a problem here? Buffalo usually seems to have a lot of spaces.) Although the form was filled out carefully- -much more so than most we review - -we had a number of specific comments, suggestions, or questions on the EAF itself: LEAF -Part 1- Project Inforrnation: A.2. Present land use. "Forest" should also be checked. A.3. Description of area, now and after completion. Almost none is unvegetated at present. Woods, brushland, and paved surfaces are all items for which figures should be given. (Item should be consistent with B.3 and 4 on page 3.) (1400 sq. ft. of vegetation to be removed) Page 2: A.S. Bedrock depth should be determined. It is often very near the surface in nearby areas. This would have implications for the drywell, if one is used. Would water drain out right onto bedrock? Would blasting be required to install the drywell? A.9 and 10: Our feeling is that the northern portion of the site is in fact part of Cascadilla Gorge, although the rim itself is just outside the site. In any case, it certainly is contiguous to it. A. 12. Site certainly contains views important to the community, both from and to the site. A. 14. The creek itself must be only 25 or 30 feet from the site, measured horizontally (as it should be). It s virtually straight down from the rim to the water. We would say this makes it contiguous to the site. Page 3: B.l.i. Total height of tallest structure: 10 feet. Page 4: B.6. Why will it take 6 -7 men 4 months to complete project? That seems excessively long to the construction worker member of the subcommittee. B.13. Punoff into the gorge: we felt a geologist should be consulted on this question. B.14.b. Yes, contiguous to Cascadilla Creek B.15. Where will all the trees be removed to? County Landfill? LEAF Part 2 Page 2 2. A gologist should be consulted about possible effects on the gorge wall itself of having large amounts of weight added to the land above. We noticed, for example, that the natural gorge wall vn4er the property to the east is bulging outward, and even as we watched a rock, crumbled off it. Of course, gorge walls will crumble anywhere, but we wondered if the weight of the building at the top was speeding up the process and was also causing the outward bulging, which did not look normal. 7 tj�"'tom �� �1��, &I -�, 0 , �cus WSJ If so, the proposed parking lot \could have the same effect. Page 3 5. (Effect on body of water) "Yes" Possible small to moderate impact on Cascadilla Creek - maybe potential large impact, depending on geologist s review. Page 4 7. Consult geologist on erosion likelihood. Also, as noted above, how will the water run uphill to Buffalo St.? Or will the pipes drain from the site to some lower point to the west of the site? Page 6 11. Views will be substantially changed for the worse, as noted above. Check in column 2. 12. Both answers should be in column 2 since they meet the thresholds given. (Many people disagree on how to answer this item, however.) Page 7 14. A typo-- should have been answered "yes" although t he impact is a positive one. Page 8 N /J 16. under other: climate changes (esp.temperature increases) in the vicinity should also be listed. Page 9 18. Check in col. 2: "Project will set an important precedent for future projects." Such parking lots could proliferate. Part 3 Page 2: We do not agree with the Building Commissioners assessment that the site is not contiguous with the gore. In fact, some of it may be part of the gorge, depending on ones definition. 0 Memo to: Paul Mazzarella, P &D P &D Board Members of Common Council Cc: Conservation Advisory Council From: Betsy Darlington, CAC Chair Re: Site Plan Review ordinance Date: June 29, 1988 I have just a few comments on what looks like a very good and useful document: 1. Page 7, #3: All projects, not just those with a slope of 5% or greater, should be required to indicate on their map such natural features as woods (maybe showing whether mature or in early stages), streams, wetlands, brushlands, etc. 2. Page 10, after "p" perhaps add a "q ": Various natural features such as woods, brushlands, bodies of water, cliffs, etc. 3. Page 13, X65: delete the word, "specimen." Otherwise everyone will get hung up on just what that means. Any tree of 15" dbh or more is a specimen tree, really, and should be given extra protection. (Actually, I "d prefer a figure of 12 ". It takes a long time for trees to reach 12" in diameter.) 4. Page 17, #10: What exactly does "protection of solar access" mean? How large an area? Would shade trees have to be limited - a move that would be counterproductive in terms of cutting air conditioner use and helping -reduce the build -up of CO2 in the atmosphere (greenhouse effect)? On the other hand, specifying some amt. of area that could be used for solar collectors seems like a very good idea. (Reducing the use of fossil fuels also will slow down the build -up of CO2.) 5. Page 24, end of page: How about requiring that the site be returned to as nearly its natural state as possible, including replacing cut trees and seeding any bare soil? Otherwise, what might be a neat appearance following the repairs stated could quickly be undone in the first rainstorm. . J! Memo to:P &D Dept and Board James Borra Cc: CAC members Common Council members Mayor Gutenberger City Engineer Bill Gray Building Commissioner Tom Hoard L .� From: Betsy Darlington, Conservation Advisory Council Chair : :_A Date: August 16, 1988 Re: EAF for Deer Creek Subdivision The CAC ,s EAF subcommittee met yesterday and reviewed this EAF. Two members walked (and crawled ?) on the site in July. The subcommittees findings: I. Recommendation: positive declaration (potentially significant impacts on the environment). We feel that a DEIS should be done. U. Comments: A. We feel that the city's Part 2 of the Long EAF form, .rather than the states, should have been used. The two forms are not the same and it makes it difficult for us to do a careful review if we have the wrong form. B. Our understanding from two sources (one being the DEC in Albany) is that in a project of this nature, a worst -case scenario must be addressed in the EAF. While the application is merely for permission to subdivide the property, and then sell off building lots, the potential fate of those lots must be addressed in the EAF although the applicant may not be the one to do the actual developing. (By the way, would Mr. Borra be the builder ?) If the subdivider intends that certain features - -e.g. the trees - -be retained, this could be put into restrictive covenants in the deeds when selling the lots. We realize that this point is one which the applicant did not understand and therefore Part 1, at least, of the EAF was filled out based simply on what the subdivider himself was going to do, namely clear brush, remove vegetation for roadways, and mark off 8 lots. Because of this, we have a large number of comments on specific answers that were given on the EAF. We wish to thank Mr. Borra for providing many excellent maps of the site. C. We feel that cumulative impacts of this and the other subdivisions in that area should be considered by the Plan ing Board. We believe the DEC recognizes this need as welIC t- Sa�e,^ai�I III. Summary of potential impacts on the environment A. Drainage, erosion, sedimentation, flooding With the 16% slope, the lack of storm sewers and the intent to channel runoff into the two streams on the site, and the replacement of some permeable, vegetated surfaces with impervious surfaces, there will be an increase in volume of water flowing through the streams. This will lead to erosion of stream banks, both on the site and below it, and sedimentation, including in the Inlet. (Cumulative impact should also be addressed.) There could be flooding of homes below the site. A number of mitigating measures are possible to address these concerns. B. Loss of important vegetation Site includes much dense brush (great black raspberries!) and an impressive stand of walnut trees. Although the subdivider says he will not cut down trees or dig up the brush, purchasers of the lots would have to do so in order to develop their lots. Presumably, to put in the roads, even the subdivider would have to cut trees. Also, the EAF has some discrepancy on this point: on page 1 of Part I, it says only 1 acre of vegetation would be removed, while on page 3 it says 4.5 acres would be removed. (Cumulative impact should be addressed by P &D Board.) C. Loss of wildlife The dense and varied brush and woods provide food, cover, and nest sites for many species. (Also, cumulative impact.) D. Loss of attractive views into the site, both from the immediate neigh- borhood and from vantage points all over East Hill. (Views from the site; however, would be great.) When combined with the other subdivisions planned for this large undeveloped woodland, the effect would be dramatic and ir, reversible. E. Loss of open green space and natural area important to the neighborhood *c�(Y• (Also, cumulative impact.) F. Loss of potential future parkland G. Cumulative impact on traffic, esp. at the Octopus H. A growing concern, nationwide and worldwide, is with the global warming from the "greenhouse effect." Trees are the most efficient removers of carbon dioxide (one of the principal greenhouse gases) from the atmosphere. Some scientists are recommending massive reforestation of the globe to help stem this major threat. This subdivision, combined with other proposed subdivisions on West Hill, would virtually wipe out perhaps 100 acres of woodland. If nothing else, this should be kept in mind by the Board. I. Straight cul de sac up a 16% grade raises several concerns, e.g. runoff and safety. IV. Specific comments on the EAF form a. Part I, page 1: site description does not seem to be very accurate; a better choice might be to say, "woods and brush, large stand of mature walnuts." b. page 2, #4: we assume the soil type and drainage were checked? 100% well - drained is quite unusual around here. ( "Drainage" doesn't mean ability of water to run off the surface but to percolate into the soil.) C. # 12: scenic views - yes (into the site, from near and far) d. # 14: 2 streams through the site, as indicated later in form, including on one of the maps e. page 3, #1-f: No off street parking ?? f. #I-h: Shouldn't this ke 4 homes initially and 4 ultimately? g. #1-i: Is 30' height�V" be written into restrictive covenants? Or would Borra be the builder? h. #4: many mature trees including walnuts would presumably be removed i. page 4, #6: 4 months to prepare 8 sites and build 8 houses? j. #7: earlier, two phases seemed to be contemplated k. #8: how carefully has this been checked? Nearby sites have required, or will require, blasting 1. #9: zero jobs? m. #12: (sewage): homes would use city sewer system n. #13: (stream surface area increases): yes 3 o # 15: Solid waste -yes, to county landfill p. page 5, #19: construction noise -yes q, #21: 8 homes, 4 people each, 100 gal /day each =3200 gal water per day r. Initial application for Approval of Subdivision, #4: states incorrectly that brooks will not be affected. s. Part II: page 1 (of State form): (If a threshold is met or exceeded, answer goes in col. 2) #1: more than one phase: column 2, not 1 #3: "...drainage will enter 2 small streams..:': col 2 #5: Siltation: col 2 #6: Flooding: col 1 or 2 (steep slope might indicate col 2) Incompatible with existing drainage patterns: col 2 Vol. of runoff will increase: col 2 #8: (endangered species, etc.): No #9: (nonthreatened, etc. species):--comment from #8 should go here (will eliminate natural habitat of about 5 acres). (Interfere with migratory species): col 2 #11: Elimination of important scenic views: to site, though not from site: col 2 # 14: traffici ccumulative impact at Octopus # 18: Change in density of land use: col 2 (esp. cumulatively) Increase in need for services: col 2 " it Precedent - setting: col 2 " it CONSERVATION ADVISORY COUNCIL The CAC, at its August 15, 1988 meeting, unanimously passed the following resolutions: Be it resolved that the BPW make known its intentions for the old sewage treatment plant and its possible availability for a neighborhood park; and Be it resolved that Common Council designate the old sewage treatment plant site, if not needed by DPW, as a neighborhood park. Findings: 1. The North Central Neighborhood (NCN) has the smallest ratios of parkland to population of any city neighborhood. 2. The NCN has one of the highest proportions in the city of several population groups: elderly, children, minorities, low income. 3. As population density increases, the need for recreational opportunities and open space becomes more acute. The NCN, already quite dense, could soon have a large project adding still more people. 4. Adequate recreational opportunities can foster a sense of community. 5. A well- designed park adjacent to Cascadilla Creek could enhance the appearance of that valuable natural resource in a section that has been neglected by the city. 6. The site is large enough to accommodate facilities for a number of activities: basketball court, skateboarding park (maybe in the large building nearest the creek), a wall for handball, swings, jungle gyms, see -saws, picnic tables, etc. 7. The Northside Cascadilla Civic Association (NCCA) has made repeated requests of the city for more park space, and has specifically asked for this site. 8. Since the city already owns . the site, it would not have to lay out money to buy it. 9. A park in that area would also serve the Fall Creek and Central neigh- borhoods. 10. The NCCA has demonstrated a willingness to work hard for the neighborhood and would undoubtedly contribute much to the planning and development of the park. 11. State funds are available for development of neighborhood parks. 12. While developing the site would take some thought, time, and a modest amount of money, simply designating the site as parkland should be simple and quick, and would send a message to the neighborhood that the city does care about it and does respond to its needs. � 'v -All Creek �<.�asa4o� vr, j 1 I •' ti x CcN1 -v,c 1r � I COKf'F � 1 � 1 I r Senuti � '' 11 1 � 1 � I � Iq-7 0 w,Ap At its August 15th, 1988 meeting, the Conservation Advisory Council unanimously passed the following statement and recommendation to Common Council, r�arding plastic and polystyrene packaging: The disposal of solid waste is a matter of increasing concern in Tompkins County and across the nation. Landfills are closing and incineration poses many environmental risks. Recycling is an increasingly attractive option for many communities, as the City of Ithaca has recognized, but much of the solid waste is not recyclable. One approach to the solid waste disposal crisis is to diminish the quantity of waste at its source. Non - recyclable, non - biodegradable packaging (for example polystyrene containers, plastic bags) constitutes a significant portion of our solid waste stream. In the United States, disposable packaging now constitutes over one third of the solid waste by weight, and even more by volume. _ The Conservation Advisory Council urges' Common Council to consider a city -wide ban on non - recyclable, non - biodegradable packaging. Alterna- tives to these forms of packaging exist and more are being developed. Similar prohibitions against non - recyclable, non - biodegradable packaging have been enacted in Suffolk County, NY. The Conservation Advisory Council views the elimination or significant decrease of this component of the solid waste stream as environmentally responsible and as an important adjunct to our solid waste disposal strategy. It should have the additional benefits of reducing litter, encouraging recycling, and reducing the environmental impact of non - biodegradable waste on groundwater and air quality. The purpose of this proposal is to diminish the portion of the solid waste stream in the City of Ithaca that is composed of non - recyclable, non - biodegradable packaging in order to protect the air, water, and land against contamination and degradation. The Conservation Advisory Council recommends that the proposed ordinance include the following: 1. Prohibition of: A. Non - recyclable, non - biodegradable packaging use by retail food establishments. To include, but not be limited to, polystyrene cups and food containers, plastic utensils, and plastic bags. B. Non - recyclable, non - biodegradable packaging that is intended for a single use within the public institutions of the City of Ithaca. To include, but not be limited to, polystyrene trays and plastic utensils commonly used in cafeteria settings within schools, jails, and health institutions. 2. Definitions of terms and requirements of the proposed ordinance. 3. Exclusions from the proposed ordinance. For example, biodegradable plastics have been developed. What criterion should be used to include or exclude such packaging? 4. Penalties for failure to comply with the ordinance. CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF CONSERVATION ADVISORY COUNCIL Memo to: Jack Dougherty BPW Joe Ciaschi ll From: Betsy Darlington, CAC Chair lr�--K>l Date: August 15, 1988 Cc : CAC ) C-0►�.w..ev, eota,.J Re: 1. 401 College Ave - EAF on building overhang 2. 424 S. Geneva St. - EAF on groundwater testing well .X A r it I TELEPHONE: 272 -1713 CODE 607 The CAC s EAF subcommittee met yesterday and reviewed the two EAF "s listed above. Recommendations: 1. 401 College Ave.: negative declaration (no significant impact), assuming the overhang is the one already on the building and not some new structure still to be built. Comments: No part 2 of the SEAF was filled out, as required by local and state law. Description should have made clear what this was all about. 2. 424 S. Geneva St.: Neg. dec. Even if there should be some local adverse impact of the drilling, this presumably would be overridden by the environmental importance of the project, and the DEC s order. Comment: No part 2 of the SEAF was filled out, as required by local and state law. "An Equal Opportunity Employer with an Affirmative Action Program" r E3` Memo to: Jon Meigs, Paul Mazzarella, Thys Van Cort From: Betsy Darlington, CAC Chair Re: Lead -time for review Date: Sept. 1, 1988 Cc: Susan Blumenthal and P &D Board Tom Hoard CAC members Thanks for your memo--and also for all the demographic research you did for us concerning the Northside! Having the deadline for EAF submissions be the first workday of the month is not enough time, at least in 8 months of the year: Assuming you photocopied the EAF and mailed it to me the same day as you received it, and I received it two days later, our EAF subcommittee would have only 5 days to review it before the full CAC meeting, in six months out of the next 12. And all this assumes a rather rapid schedule at your end, in terms of sending it out. Here's what happens in six months out of the next 12: You receive the EAF on Monday (Oct. 3, Jan. 2, Apr. 3, May 1, July 3). You mail it to me that day. I get it on Wed., and the full CAC meets the following Monday. In the case of this Sept., if you rec "d it Thur. Sept. 1 and mailed it to me that day, I probably would not get it until Tue. Sept. 6 since Monday is a holiday. Or, if I recd it on Sat., I,d have trouble reaching anybody until after the holiday weekend. In any case, I couldn,t Xerox it for them until Tue. Sometime before our full council meeting, I must Xerox it for the subcommittee members, send it to them, they must read it, at least one of us must go see the site, and we must meet to go over it. In addition, we must write up our report for P &D. In two months of the year (Dec. and June), there would be exactly a week from the time I received it until the CAC meeting (assuming you mailed it out to me the day you received it). And in four months (Nov., Feb., Mar., Aug.) there would probably be sufficient time. (Though Aug. presents its own problems, with people on vacation.) In view of all this, I would like to suggest that the deadline be one week before the first working day of each month. True, it,s not a nice easy thing to remember (or write down), but it would give us enough time to do the job. It may be worth reminding people that the schedule is so tight because the CAC moved its meeting time back a week to accommodate the P &D subcommittee that reviews applications prior to their full board meeting. If for some reason no one wants to have the aline be a week before the first workday of the month, an alternative would be to have an extra month in there for the CAC to get in its report to P &D; then the deadline could be a nice neat "first workday of the month." But I would think developers would prefer to have the thing be an untidy "week before the first workday" than to have their project delayed a month. One further observation: unlike most committees with a big work load, the CAC does not have a staff person to help out with mechanical details. Thanks! k� f Memo to: Paul Mazzarella P &D Board Common Council Cc: Conservation Advisory Council members Re: Site plan review ordinance Date: Sept. 1, 1988 In addition to the five comments I sent you on June 29th, I have a couple of otLcr suggestions to make on the proposed ordinance: 1. Require that all new projects incorporate measures to ensure a zero increase in runoff from the site, both during and after construction. Runoff from streets is a major source of water pollution, in addition to causing all sorts of other environmental problems. 2. Require new projects to incorporate various energy - saving measures, both in the design of the structures themselves and - -in the case . aa- (.earJ) e businesses - -in the design of the machinery to be used. (Energy- efficient water heaters, refrigerators, and other appliances and machines, -when these are available.) 3. Perhaps a bonus could be given for use of solar energy. Have the comments I sent in last June been considered? (I haven't been to all the meetings about site -plan review.) C (4 C - i i o o way.. C C4 4 41- q Memo to: George Frantz, Assistant Town Planner From: Betsy Darlington, Conservation Advisory Council Chair Date: Sept. 14, 1988 Re: Proposed bikeway along rr bed south of ' Six -Mile Creek Z`-c: Susan Beeners, Town Planner Noel Desch, Town Supervisor Ithaca Town Board members CAC members Mayor Gutenberger and Common Council members The CAC asked me to write and, first of all, express our thanks to you for coming to our August meeting to explain, and answer questions about, the proposed 6 -Mile Creek bikeway. We were pleased to hear that, a) the town has no plans for the old rr grades between Burns Rd. and the City line to ever be developed into roads, and that it would represent a "radical departure" ?rom town policy for this to change; b) that the town will encourage development on the rr side of Coddington Rd. to be clustered up nearer the road and away from the rr bed; c) that the town intends to discourage development below the rr grade beyond Northview Rd. (we wish that same policy extended inward toward the city as well); d) that the pavement of the bikeway would be only 4 -5 feet wide, with about two feet to one side (maybe each side ?) for joggers. We would like to see a written statement from the town confirming these intents (realizing, as you pointed out, that legislative bodies can and do change their minds!). Despite our helpful exchange Monday night, most of the CAC s concerns (as expressed in our memo of July 20/88) still stand, the biggest one being the impetus to development that extending the sewer line out along the rr bed would give. Unfortunately, the towns interest, as you indicated it, in developing along that side of Coddington Rd. is simply different from what we feel is in the city's best interest- -that being, of course, to protect the watershed and the unique natural area that lies between the rr bed and Six-Mile Creek. In addition to our earlier concerns, we wonder if you could clarify for us the Towns intentions regarding the two parks shown on the 1984 Open Space Plan (a vest pocket park and an area park, on the creek side of the railroad bedr -off Kendall and near Northview, resp.)? None of us could recall exactly what you said about these. A question: Does the towns master plan have a provision in it for zero increase in runoff from new projects? Finally, could the town take out any mention of using multiflora rose or privet as barriers along the proposed bikeway? The plant life in the area is too sensitive to risk threatening it with these very invasive species. You also mentioned blackberries; this seems more appropriate. Again, thanks for meeting with us! DRAFT DRAFT, DRAFT October 10, 1988 Superintendent Gordon Bruno Ithaca School Board Members Lake St. Ithaca, NY 14850 Dear Mr. Bruno and Members of the School Board: The Conservation Advisory Council has two concerns it would like you to address: 1) In light of the serious solid waste crisis in Tompkins County, and in view of the destructive efer-% of Styrofoam on the earths atmosphere and stratospheric ozone layer, we feel that use of disposable trays and other eating utensils in school cafeterias must come to an end. The schools used washable, reusable materials for generations, and we urge you to reinstate them. This would also set a good example to our children who are going to have to adapt to a less wasteful life style as our environmental problems worsen. While we assume the reason for switching to Styrofoam and other disposable materials was financial, the ultimate costs of the switch are unacceptably high. 2) Recent reports indicate that many drinking fountains contain lead solder or are lined with lead. We would like to know if the district is taking any action to see if such is the case in our schools, and if so, to take remedial action. Thanks for your help! Sincerely, Betsy Darlington, for the CAC 0 Tompkins County ENVIRONMENTAL MANAGEMENT CCGUNCCEL Biggs Building `A, 301 Dates Drive Ithaca, New York 14850 (607) 274 - 5360 October 3, 1988 Mr. Andrew Mazzella Regional Manager Finger Lakes State Parks & Recreation Region R.D. # 3 Trumansburg, NY 14886 Dear Mr. Mazzella: Several members of the EMC have spent time this summer visiting and discussing the "Hog's Hole" section of the Treman Marine Park. We would like to share with you the results of these discussions. A number of us would ideally like to see the entire area north of the marina, from Route 89 to the Inlet, returned to a naturalized wetland area. However, realizing that this is impractical given what has already taken place in the area, we have come up with the following list of more practical suggestions. We feel that implementation of these suggestions would best enhance the existing wetland area, making the entire area more suitable for*both human and wildlife use. 1. Keep the access road and parking area(s) well away from the wetland area. Bringing the access road in from the marina parking lot rather than from the maintenance road would help. 2. Separate the wetland area from the proposed developed parkland with a substantial buffer zone, preferably with a sizable mound. 3. Material for this mound could be obtained by scooping out (bulldozing ?) 2 or 3 areas in the northern part of the wetland, where grasses now dominate. These areas would have to be carefully planned, with a very gradual gradient to a depth of 2 or 3 feet below lake level. We feel ponds such as this are very important as wildlife habitat. 4. The remainder of the wetland could remain untouched, with the exception of a few unpaved trails. These trails should be marked with signs explaining the fragile nature of the wetland, and urging users to stay on the trails. Continued ..... r^ M Page 2 - Mazzella - 10/3/88 5. We would like to have a declaration from your office recognizing the special nature of this wetland area, and guaranteeing that the entire area will remain forever natural. We hope these suggestions will be of help to you in finalizing your plans for the area. We would like to have someone from the EMC meet with you or your staff members to go over these suggestions in more detail, and provide whatever other help we can. We appreciate your past co- operation, and look forward to working together in the future. Yours very truly, Roger Farrell, Chair Land Use and Transportation xc:'�Betsy Darlington Ithaca CAC RF /mdg CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF CONSERVATION ADVISORY COUNCIL October 11, 1988 Superintendent Gordon Bruno Ithaca School Board Members Lake St. Ithaca, NY 14850 Dear Mr. Bruno and Members of the School Board: The Conservation Advisory Council has two concerns it would like you to address: 1) In light of the serious solid waste crisis in Tompkins County, and in view of the destructive effect of the CFCs (used to make Styrofoam) on the earths atmosphere and stratospheric ozone layer, we feel that use of disposable trays and various plastic utensils in school cafeterias must come to an end. The schools used washable, reusable materials for generations, and we urge you to reinstate them. This would also set a good example to our children who are going to have to adapt to a less wasteful life style as our environmental problems worsen. While we assume the reason for switching to Styrofoam and other disposable materials was financial, the ultimate environmental, social, and financial costs of the switch are unacceptably high. 2) Recent reports indicate that many drinking fountains contain lead solder or are lined with lead. We would like to know if the district is taking any action to see if such is the case in our schools, and if so, if it is taking remedial action. TELEPHONE: 272 -1713 CODE 607 I am enclosing an article from Discover on the lead problem in drinking fountains, and parts of two articles on CFC s, from Science and from Oceanus, a journal put out by the Woods Hole Marine Lab. Thanks for your help! Encl Cc: Gary Lindenbaum, Assistant Superintendent for Business Sincerely, Betsy Darlington, for the CAC "An Equal Opportunity Employer with an Affirmative Action Program" CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF CONSERVATION ADVISORY COUNCIL TELEPHONE: 272 -1713 CODE 607 October 11, 1988 Peter Trowbridge Trowbridge & Trowbridge 1345 Mecklenburg Rd. Ithaca, NY 14850 Dear Peter: At our meeting last night, the Conservation Advisory Council asked me to relay to you a couple of our concerns regarding the West Hill Master Plan which. we understand you will be working on with the West Hill Civic Association. Our first concern is that the large undeveloped natural area be protected as much as possible from fragmentation into smaller separate parcels. As you probably know, there is considerable evidence that fragmentation of woodlands is responsible for the decline of a number of interesting and valued bird species, for example red - shouldered hawks and numerous neo-tropical migrant songbirds such as warblers, vireos, and thrushes. (There is even speculation that woodland fragmentation and loss of large expanses of woodlands may have a greater adverse impact on the latter group than loss of habitat in the tropics.) So, the more that can be left undisturbed and in one piece, the better. Our second concern is with traffic. We hope that there will be no new street thoroughfares through the West Hill neighborhood. This seems especially important in view of the tremendous building boom in nearby areas of the Town of Ithaca. Thanks for your consideration! Congratulations to you, Paula, and others on your staff for your recent awards! Sincerely, Betsy Darlington, CAC Chair "An Equal Opportunity Employer with an Affirmative Action Program" Conservation Overlay Zones November, 1988 The Conservation Advisory Council (CAC) recommends that Common Council adopt the following conservation overlay zoning in sensitive natural areas of the city. I. Purpose The purpose of conservation overlay zoning (COZ) is to give added protection to environmentally sensitive areas without changing the overall zoning of the given areas. The CAC feels that our wetlands, waterways, and woodlands are Ithaca's most sensitive and valuable natural resources. The purpose of the COZ would be: to protect the water quality of the streams themselves and Cayuga Lake into which they flow; to preserve plant and wildlife habitat; * to minimize excessive increases in water volume flowing through the creeks, and consequent erosion of the banks, siltation of the streams and lake, loss of riparian (streambank) vegetation, and loss of habitat for fish and other wildlife; * to protect land from periodic excessive flooding due to removal of riparian vegetation, dredging, filling, damming, or channelization; * to prevent degradation or loss of wetlands; to safeguard scenic views and vistas from and to the lakes, wetlands, creeks, and gorges; and * to enhance the recreational (including tourism) values of these important places. 11. Background and rationale Ithaca's waterways have often been treated as nuisances rather than the tremendous natural assets that they are. Especially in downtown Ithaca, the result has been polluted water, channelization, disregard for plant and wildlife habitat, litter, and inappropriate development. Loss of fisheries, and possible contamination of remaining fish species, has been another result. Runoff from streets is a major cause of water pollution, and in addition, the replacement of permeable, vegetated surfaces with impervious ones leads to gullying on the slopes and greater volumes of water in the streams with resulting erosion, siltation, loss of plant life, loss of fisheries and other wildlife. Buildings close to waterways can degrade the aesthetic appeal of these resources. The CAC feels that it is important to preserve the features we have left and improve water quality, enhance aesthetic appeal and recreational value, and improve plant and wildlife habitats of our waterways. The COZ proposed here would be a first step in that process. In addition, we hope that the city will give attention to rehabilitating areas along our waterways that have been degraded. While increasing the enjoyment of city residents in these important natural resources, tourism will also be enhanced, with consequent economic benefits to the city. In addition to the waterways, the city boasts several woodlands that deserve protection. Woodlands provide a number of benefits; for example, 2 * enjoyment of the people who live near them, see them, or use them; * noise buffer; * visual buffer; * habitat for wildlife and plants; * protection of waterways from excessive runoff, pollution, erosion, and silt at ion; * protection from flooding; * protection of air quality by trapping or absorbing pollutants; * cooling through shading and evapotranspiration; * absorption of CO2, one of the major greenhouse gases. Note: An alternative to including the woodlands in the COZ would be to designate these as Critical Environmental Areas under the local Environmental Quality Review Ordinance. M. Proposed provisions of the ordinance 1. In the overlay zones, no new construction except for certain accessory uses to existing structures, as specified below, may take place without a special permit and environmental review. Existing structures, roads, driveways, etc. may remain, but may not be replaced without a special permit and environmental review (with the same exceptions as for new con- struction). In the absence of a permit for replacement, demolition must return the site to a stable, vegetated condition. Replacement of existing structures may not result in an increase in density. 2a. Construction activities in an overlay zone must make provisions for protecting the zone from environmental damage: to avoid such problems as erosion and increased runoff, compaction of soil around trees, piling of soil around trees, trash and pollution, etc. The owner /contractor must spell out in advance what actions will be taken, and if problems arise during construction, must take corrective action. 2b. Construction activities outside of the overlay zones may not encroach on the areas inside the zones. Appropriate construction fencing must be installed to ensure that this provision is not violated. Any debris that gets into the overlay zone must be removed by the projects contractor or owner, and any accidental damage must be remedied by same. Water runoff from such nearby activities must be controlled by same. 3. No trees above 12" DBH, and no more than 10 trees above 2" DBH, may be cut in either zone without a special permit and environmental review. Criteria to consider before granting or denying a permit should include such things as species of trees and appropriateness of habitat, health of the trees, endangerment of nearby structures and utilities. Note: Loss of tree cover is one of the major threats to our waterways. The CAC views this provision of the proposal as vital. 4. Consideration in granting or denying permits shall be given to such things as slope, existing vegetation, views, size and appearance of project, and of course, findings of the environmental review. The reviewing board may place any conditions on the owner /developer that it deems necessary to ensure the protection of the critical area. The board should have broad powers in terms of design and layout of structures, both of which should blend with their surroundings and be as unobtrusive as possible. Note: The CAC recognizes that there will be controversy concerning the degree of specificity that is needed in identifying the criteria. It would be very difficult in Ithaca to come up with very specific criteria because each situation is likely to be so different from every other; what might be entirely appropriate in one setting could be disastrous in another. The CAC feels that it would be best to leave each determination up to the good sense of the reviewing board (whatever body that may be), acting with advise from the CAC and possibly outside experts. 5. A no -build buffer zone should be established in especially critical areas such as along waterways, in which no new structures could be built- -that is, a permit could not be issued. Exemptions to such a provision - -along the flats but not the gorges - -could include boat launching sites, boathouses, poles, lean -tos, docks, fences, bridges (list taken from state guidelines- - Appendix R of the Stream Corridor Management Manual - -a DEC publication). (Replacement of existing structures might be exempted.) These same guidelines recommend buffer strips of varying widths, depending on slope of the land, in watersheds and other critical areas: 0% 50' 10% 90' 20% 130 30% 170 40% 210 etc. 6. Members of the CAC and the reviewing board may enter any site in an overlay zone in order to evaluate the environmental impacts of a proposal and, after work has begun, to assess compliance with protective measures and the possible need for additional measures. 7. Accessory uses that are permitted without a permit, PROVIDED these do not come closer than 50 feet to the edge of a creeks high water mark nor closer than 50 feet to slopes that are greater than 15% adjacent to a creek (whichever is farther) (or use guidelines in #5): a. Driveways larger than square feet b. Parking lots for 4 or fewer vehicles c. New attached construction that would not increase the existing footprint by more than 10% ( ?) nor density of use by more than 10% ( ?). d. Small garden sheds, children�s play apparatus, picnic tables, patios for single or double - family homes, and similar small-scale residential uses. 8. Any dispute regarding the intent of this ordinance shall be resolved to give the maximum protection to the critical area. 9. Except for small projects as described under #7 above, granting of permits in an overlay zone may not be treated as ministerial acts. 4 10. Severability: if any part of the ordinance is found to be illegal under NYS or Federal law, only that part shall be deleted from the ordin- ance. (Or however this clause is supposed to be worded!) IV. Areas to be covered sed overlay zones is available for A large map marked with the propo examination in the Planning Dept. In some municipalities with overlay zoning, 200 feet in each direction is the standard distance from critical areas. A. Waterways The CAC took a trip (with a 100 tape measure) to five different sites in the city to see what the implications of various distances would be. In most cases, the CAC is recommending a distance of 200 feet in each direction, measured horizontally from the center of a stream. Where a stream is unusually wide, such as along the Flood Control Channel and Cayuga Inlet, the measurement has been taken from the top of the bank next to the creek. A few other exceptions to the 200 -foot rule (in some spots leaving less than 200 and in other spots, more than 200): a) From College Ave., going east along the south side of Cascadilla Creek, follow the north side of Oak Ave. to rt. 366. b) From College Ave., going east along the north side of Cascadilla, the distance shall be 250 from the center of the creek until reaching the east end of the Theory Center. From there, follow Campus Rd. east to the stairs (leading to the stadium) just before the bridge at rt. 366. The gorge is unusually wide in many areas of the stretch from College Ave. to the rt. 366 intersection. Furthermore, the north side has a number of buildings in close proximity to the gorge. Further infilling in that area would be harmful to the gorge and the water quality of the creek, as well as to aesthetic values. c) Along the connector between Cayuga Inlet and the Flood Control Channel, follow Taber St. on the south side. d) Along south side of Six -Mile Creek, east of Aurora St. Bridge, follow Hudson and Giles Streets; except note additional protective band along south side of road (under "other protected areas "). e) Along north side of Six -Mile Creek, east of Aurora St., follow State St. to Ferris Pl. From there, go southeast along a line 250 below State St. to the city line; except note additional protective band ( "under other protected areas "). f) Going east along south side of Fall Creek, near Johnson Art Museum, starting at N -S intersecting rd. (Central Ave.), follow north side of University Ave. and first part of Forest Home Dr. Thereafter follow a line 200 south of Forest Home Drive, to the city line (south side of Beebe Lake). (See map.) g) Going northeast along the NW shore of Beebe Lake, follow the service road that leads to Newman Gym; from there follow a line 250 from the old north shore of Beebe lake, east to the city line. B. Other protected zones: (see map) a) Linn St. Woods (on EMC ,s unique areas list) and narrow band of woods north and east of Lake St. on the south side of Fall Creek (use treeline as the boundary in both instances). (Not precisely marked on map.) b) 200 feet from, and including, Fuertes Sanctuary. This is one of 5 the best examples in the state of now -rare old- growth flood plain forest. c) 200 feet from, and including, Cornell 's Biological Field Station (boundary needs to be more clearly delineated on map ). d) 100 feet from, and including, rare remnant old - growth flood plain forest and other mature woods at SE corner of SW Park and along the southern, eastern, and northern boundaries of SW Park. Use line of mature trees as boundary- -not accurately marked on map. e) Wooded area of SW Park (not precisely marked on map). f) Zone extending from Ferris Pl. southeast to the city line, and from State St. south and southwest to the boundary of the creek overlay zone. This area has seen intensive development in close proximity to the gorge. Serious damage to the creek and the gorge could result from further increases in density. Furthermore, there would be severe loss of neighborhood and aesthetic values and of wildlife and plant diversity (with all that this entails). g) Zone extending 200 to 300 feet - -as shown on map - -south from Giles St. between Columbia and Van Atta "s Dam, to where the area abuts the City ,s Watershed holdings. (See map) This area consists of important protective forest. h) As much as possible of the remaining woodland (now about 100 acres ?) on West Hill, with help from the West Hill neighborhood in defining the boundary of the protected area. i) The Hogs Hole next to Cass Park, an area with valuable wetlands and a large stand of massive trees (boundaries to be determined). Important habitat for birds- -and birders! Valuable remnant of the once -vast wetland that used to border this end of the lake. Now owned by the state park system. l• .1 $ 11 Six-Mile Creek Acquisitions November, 1988 Conservation Advisory Council policy statement In view of the City's recent acquisition of land along Six -Mile Creek, and with the prospect of further acquisitions, the CAC recommends that Common Council state what its policy will be regarding these lands. Over the course of several meetings, we came up with the following recommenda- tions for your consideration: 1. The overall objective for the lands below the rr bed, and for a buffer zone 200 -feet -wide above it, should be to protect the natural character of these areas. Recreation should be entirely of the passive sort -- walking and bird - watching, for example. The CAC feels that the City must commit itself to not putting in active recreational facilities below the tracks. Perhaps, Though at least some of the land would be officially designated as "park," it could be called the Six -Mile Creek Natural Areas Park. The Adirondack Park sets a good precedent: the term "park" does not need to imply active uses of the land, and the state recognizes this. The city is fairly well endowed with developed parks and vast expanses of mowed grass. Unfortunately, it is not well supplied with areas of unspoiled natural beauty where one can go for quiet reflection and renewal. This type of recreation is just as important as ballfields and skating rinks; each type of facility meets different needs. As the City expands, we will continue to need both types of recreational areas; the need for natural areas could well grow disproportionately, considering the continual growth of the city and surrounding towns. Open areas (abandoned fields) below the rr tracks should be left to continue their succession back to forest. 2. We understand that the two acres of frontage along Coddington Rd. on the Maylin/ Brahm parcel were appraised at $30,000 ($15,000 each). It would seem reasonable to sell off this portion, or perhaps one slightly larger, for housing. The remain ing 14 acres of the upper parcel is appraised at only $700 per acre. The city acquired it for even less than this. In other words, we got a terrific deal, and it would not make economic sense to sell it for the paltry returns that could be expected - -at most, $9800. The CAC feels that it would be prudent for the city to hold onto tha- above- the-rr land as protectioin for the watershed. Another reason to hold onto the above - the -rr property is that NYSEG currently sprays herbicides in certain areas below their power line. Last June or July, Darlington and others observed 1, k an ds of dead woody plants, and a letter to NYSEG confirmed that they spray in that area. NYSEG claims to stay 600 feet from any stream, but at least one recent spraying went much closer to the stream on the upper section of the Maylin /Brahm parcel -- Darlington estimates perhaps only fifty feet away. NYSEG does not spray on City watershed holdings. Unless the new property is already officially part of the "city watershed," we request that the City look into so designating it. In any case the City would undoubtedly have more leverage in convincing NYSEG not to spray there than would a private owner. (There are, of course, good reasons to avoid spray.) Lk h., y t"413 .� w C N Or -b 3 be able to assure such owners that the City's aim in acquiring the land is to protect it as a natural area and to protect the City "s water supply, not to either develop it as a high -use recreation area nor to sell it for development. d. We propose that the City acquire conservation easements along any streams that flow between Coddington Rd. and the rr bed, even if the adjacent property is not one the City wishes to buy. We recommend a band extending at least 200 feet in each direction from the banks of such streams, in order to give the water the needed protection from pollution. Alternatively, the City could purchase these waterway bands, or negotiate restrictive deed covenants with the owners. e. Except for item (d), we suggest that the City aim to acquire only lands below the rr bed and 200 feet above it (as a buffer). Exceptions could be made, however, for critical or unique areas above the rr bed. 6. Acquisition and protection of lands in the Six -Mile Creek corridor is of such overriding importance to the City that it must be seen on its own merits and not be contingent upon any other city projects. 7. The CAC recommends that the City set up a special fund for acquisition of Six-Mile Creek land. We also recommend that any income from sale of road - frontage land on Coddington or Slaterville Rds. be put into this fund. EQBA funds should also be sought -- matching funds in particular may be relatively easy to get. ' 8. We also passed the following resolution: Be it resolved that the City of Ithaca create, maintain, and support by budget allocationn a small (5 person maximum) Committee for Land Acquisition Within the Six -Mile Creek Watershed that is empowered to publicize City Policy in this area, make and receive offers for the purchase of land (subject to Common Council approval), prepare and administer a budget, seek outside funding, and develop creative procedures in an aggressive program of land acquisition and watershed protection. Memo to: Leslie Chatterton Members of the ILPC Kenneth Young, Project Applicant,, Peter Dieterich, Acting Bldg. Commissioner,/ Carolyn Peterson -- liaison to CAC John Johnson -- liaison to CAC ✓ Dick Booth -- liaison to CAC Cc: Conservation Advisory Council members From: Conservation Advisory Council Chair, Betsy Darlington I Lc Date: Nov. 14, 1988 Re: Proposed changes to 120 Highland Pl. The CAC subcommittee of three members considered the SERF and LEAF for 120 Highland Place. Conclusions: The possible impacts that we foresee all relate to the very sensitive position of the building, right on top of the Cascadilla Gorge cliff. 1. No significant impact on the view: The building is highly visible from one of Ithaca Is important view - points - -the College Ave. Bridge - -as well as from the gorge trail itself. When one looks to the west from the bridge or the trail, one is greeted by a stunning view -- except for the unsightly intrusion of this very large, imposing structure. We felt that the extra floor and stairwell wouldn't be that much worse, and in some respects could be an improvement. We are told that the roof would be very dark green. This would certainly be an improvement over the current, very conspicuous aluminum - colored roof. Our one concern is that the new story would block out the view of some large deciduous trees, the tops of which are now visible beyond the building, an impact that would be most bothersome in summer. 2. Tenants and trash: While the building is currently owner - occupied, there is no guarantee that this will continue to be so in future years. There is great potential for tenants to discard rubbish off their porches and into the gorge below. (In fact, one member seems to recollect that in earlier years, the porches were often littered with stuff- - something that does not appear to be the case at present.) Although no increase in density is planned at this time, there certainly could be an increase in the future. This has been the trend throughout Collegetown. More people, more trash in the gorge. We recommend that, if the project is approved, a clause be included that density must not increase in the future. 3. Construction debris: Construction crews are frequently careless about where they deposit construction debris -- especially if they are working along the edge of a gorge. Even with careful supervision on the Cornell Campus, much construction debris ends up in the gorges. The potential at 120 Highland Pl. for debris falling into the gorge is very high. Indeed, just to the west of the building -- perhaps partly on the next property -- someone has dumped concrete chunks, wallboard, etc. down the slope. It is much easier to throw it over than to cart it away. We recommend that, if the action is approved, the developer be required to post a bond to cover cleanup of any debris that enters the gorge, and to repair any other damage that might occur to the gorge. Conservation Overlay Zones November, 1988 The Conservation Advisory Council (CAC) recommends that Common Council adopt the following conservation overlay zoning in sensitive natural areas of the city. I. Purpose . The purpose of conservation overlay zoning (COZ) is to give added protection to environmentally sensitive areas without changing the overall zoning of the given areas. The CAC feels that our wetlands, waterways, and woodlands are Ithaca 's most sensitive and valuable natural resources. The purpose of the COZ would be: to protect the water quality of the streams themselves and Cayuga Lake into which they flow; * to preserve plant and wildlife habitat; to minimize excessive increases in water volume flowing through the creeks, and consequent erosion of the banks, siltation of the streams and lake, loss of riparian (streambank) vegetation, and loss of habitat for fish and other wildlife; * to protect land from periodic excessive flooding due to removal of riparian vegetation, dredging, filling, damming, or channelization; * to prevent degradation or loss of wetlands; to safeguard scenic views and vistas from and to the lakes, wetlands, creeks, and gorges; and * to enhance the recreational (including tourism) values of these important. places. H. Background and rationale Ithaca 's waterways have often been treated as nuisances rather than the tremendous natural assets that they are. Especially in downtown Ithaca, the result has been polluted water, channelization, disregard for plant and wildlife habitat, litter, and inappropriate development. Loss of fisheries, and possible contamination of remaining fish species, has been another result. Runoff from streets is a major cause of water pollution, and in addition, the replacement of permeable, vegetated surfaces with impervious ones leads to gullying on the slopes and greater volumes of water in the streams with resulting erosion, siltation, loss of plant life, loss of fisheries and other wildlife. Buildings close to waterways can degrade the aesthetic appeal of these resources. The CAC feels that it is important to preserve the features we have left and improve water quality, enhance aesthetic appeal and recreational value, and improve plant and wildlife habitats of our waterways. The COZ proposed here would be a first step in that process. In addition, we hope that the city will give attention to rehabilitating areas along our waterways that have been degraded. While increasing the enjoyment of city residents in these important natural resources, tourism will also be enhanced, with consequent economic benefits to the city. In addition to the waterways, the city boasts several woodlands that deserve protection. Woodlands provide a number of benefits; for example, • 4 * enjoyment of the people who live near them, see them, or use them; * noise buffer; * visual buffer; * habitat for wildlife and plants; * protection of waterways from excessive runoff, pollution, erosion, and siltation; * protection from flooding; * protection of air quality by trapping or absorbing pollutants; * cooling through shading and evapotranspiration; * absorption of CO2, one of the major greenhouse gases. Note: An alternative to including the woodlands in the COZ would be to designate these as Critical Environmental Areas under the local Environmental Quality Review Ordinance. M. proposed provisions of the ordinance 1. In the overlay zones, no new construction except for certain accessory uses to existing structures, as specified below, may take place without a special permit and environmental review. Existing structures, roads, _ in, but may ,not be replaced without a special driveways, etc. may rema permit and environmental review (with the same exceptions as for new con- struction). In the absence of a permit for replacement, demolition must return the site to a stable, vegetated condition. Replacement of existing I may not result in an increase in density. 2a. Construction activities in an overlay zone must make provisions for protecting the zone from environmental damage: to avoid such problems l as erosion and increased runoff, compaction of soil around trees, piling of soil around trees, trash and pollution, etc. The owner /contractor must spell out in advance what actions will be taken, and if problems arise during or after construction, must take corrective action. 2b. Construction activities outside of the overlay zones may not encroach on the areas inside the zones. Appropriate construction fencing must be installed to ensure that this provision is not violated. Any debris that gets into the overlay zone must be removed by the projects contractor or owner, and any accidental damage must be remedied by same. Water runoff from such nearby activities must be controlled by same. 3. No trees above 12" DBH, and no more than 10 trees above 2" DBH, may be cut in either zone without a special permit and environmental review. Criteria to consider before granting or denying a permit should include such things as species of trees and appropriateness of habitat, health of the trees, endangerment of nearby structures and utilities. Note: Loss of tree cover is one of the major threats to our waterways. The CAC views this provision of the proposal as vital. 4. Consideration in granting or denying permits shall be given to such things as slope, existing vegetation, views, size and appearance of project, and of course, findings of the environmental review. The reviewing board may place any conditions on the owner /developer that it deems necessary to ensure the protection of the critical area. The board should have broad powers in terms of design and layout of structures, both of which should blend with their surroundings and be as unobtrusive as possible. If mitigating measures, spelled out in the permit, prove to be inadequate as a project proceeds, the review board may require additional protective measures before work may proceed. Note: The CAC recognizes that there will be controversy concerning the degree of specificity that is needed in identifying the criteria. It would be very difficult in Ithaca to come up with very specific criteria because each situation is likely to be so different from every other; what might be entirely appropriate in one setting could be disastrous in another. The CAC feels that it would be best to leave each determination up to the good sense of the reviewing board (whatever body that may be), acting with advise from the CAC and possibly outside experts. 5. A no -build buffer zone should'be established in especially critical areas such as along waterways, in which no new structures could be built - -that is, a permit could not be issued. Exemptions to such a provision- -along the flats but not the gorges - -could include boat launching sites, boathouses, poles, lean -tos, docks, fences, bridges (list taken from state guidelines -- Appendix R of the Stream Corridor Management Manual - -a DEC publication). (Replacement of existing structures might be exempted.) These same guidelines recommend buffer strips of varying widths, depending on slope of the land, in watersheds and other critical areas: 0% 50' (from high water mark) 10% 90' 20% 130 30% 170" 40% 210 etc. 6. Members of the CAC and the reviewing board may enter any site in an overlay zone in order to evaluate the environmental impacts of a proposal and, after work has begun, to assess compliance with protective measures and the possible need for additional measures. 7. Accessory uses that are permitted without a permit, PROVIDED these do not come closer than 50 feet to the edge of a creeks high water mark nor closer than 50 feet to slopes that are greater than 15% adjacent to a creek (whichever is farther) (or use guidelines in #5): a. Driveways larger than (360 - 400 ? ?) square feet b. Parking lots for 4 or fewer vehicles c. New attached construction that would not increase the existing footprint by more than (10% ?) nor density of use by more than (10% ?). d. Small garden sheds, children's play apparatus, picnic tables, patios for single or double- family homes, and similar small-scale residential uses. 8. Any dispute regarding the intent of this ordinance shall be resolved to give the maximum protection to the critical area. 9. Except for small projects as described under #7 above, granting of permits in an overlay zone may not be treated as ministerial acts. 10. Severability: If any provision of this ordinance or the application thereof is held invalid, the remainder of this ordinance and the application thereof to other persons or circumstances shall not be affected by such holding and shall remain in full force and effect. IV. Areas to be covered osed overlay zones is available for A large map marked with the prop examination in the Planning Dept. In some municipalities with overlay zoning, 200 feet in each direction is the standard distance from critical areas. A. Waterways The CAC took a trip (with a 100 tape measure) to five different sites in the city to see what the implications of various distances would be. In most cases, the CAC is recommending a distance of 200 feet in each direction, measured horizontally from the center of a stream. Where a stream is unusually wide, such as along the Flood Control Channel and Cayuga Inlet, the measurement has been taken from the top of the bank next to the creek. A few other exceptions to the 200 -foot rule (in some spots leaving less than 200 and in other spots, more than 2000: a) From College Ave., going east along the south side of Cascadilla Creek, follow the north side of Oak Ave. to rt. 366. b) From College Ave., going east along the north side of Cascadilla, the distance shall be 250 from the center of the creek until reaching the east end of the Theory Center. From there, follow Campus Rd. east to the stairs (leading to the stadium) just before the bridge at rt. 366. The gorge is unusually wide in many areas of the stretch from College Ave. to the rt. 366 intersection. Furthermore, the north side has a number of buildings in close proximity to the gorge. Further infilling in that area would be harmful to the gorge and the water quality of the creek, as well as to aesthetic values. Cayuga Inlet and the Flood Control Channel, c) Along the connector between follow Taber St. on the south side. d) Along south side of Six-Mile Creek, east of Aurora St. Bridge, follow Hudson and. Giles Streets; except note additional protective band along south side of road (under 'other protected areas "). e) Along north side of Six -Mile Creek, east of Aurora St., follow State St. to Ferris Pl. From there, go southeast along a line 250 below State St., to the city line; except note additional protective band ( "under other protected areas "). f) Going east along south side of Fall Creek, near Johnson Art Museum, starting at N -S intersecting rd. (Central Ave.), follow north side of University Ave. and first part of Forest Home Dr. Thereafter follow a line 200 south of Forest Home Drive, to the city line (south side of Beebe Lake). (See map.) g) Going northeast along the NW shore of Beebe Lake, follow the service road that leads to Newman Gym; from there follow a line 250 from the old north shore of Beebe lake, east to the city line. B. Other protected zones: (see map) a) Linn St. Woods (on EMC s unique areas list) and narrow band of woods north and east of Lake St. on the south side of Fall Creek (use treeline as the boundary in both instances). (Not precisely marked on map.) b) 200 feet from, and including, Fuertes Sanctuary. This is one of the best examples in the state of now -rare old- growth flood plain forest. C) 200 feet from, and including, Cornell's Biological Field Station (boundary needs to be more clearly delineated on map). d) 100 feet from, and including, rare remnant old- growth flood plain forest and other mature woods at SE corner of SW Park and along the southern, eastern, and northern boundaries of SW Park. Use line of mature trees as boundary- -not accurately marked on map. e) Wooded area of SW Park (not precisely marked on map). f) Zone extending from Ferris Pl. southeast to the city line, and from State St. south and southwest to the boundary of the creek overlay zone. This area has seen intensive development in close proximity to the gorge. Serious damage to the creek and the gorge could result from further increases in density. Furthermore, there would be severe loss of neighborhood and aesthetic values and of wildlife and plant diversity (with all that this entails). g) Zone extending 200 to 300 feet - -as shown on map - -south from Giles St. between Columbia and Van Atta s Dam, to where the area abuts the City Watershed holdings. (See map) This area consists of important protective forest. h) As much as possible of the remaining woodland (now about 100 acres ?) on West Hill, with help from the West Hill neighborhood in defining the boundary of the protected area. i) The Hogs Hole next to Cass Park, an area with valuable wetlands and a large stand of massive trees (boundaries to be determined). Important habitat for birds- -and birders! Valuable remnant of the once -vast wetland that used to border this end of the lake. Now owned by the state park system. (j. Other possible areas.) Resolution from the Conservation Advisory Council to Common Council November, 1988 We would like to recommend that the City, together with the Town and County, develop a park- and -ride facility in conjunction with planning for Rt. 96. We envision a parking lot near the hospital, with small buses taking people into the city, and especially to major centers of employment, at nominal or no cost. The Optional Plan A alternative would cost about $12 million. The various Plan C,s would cost about $40 million. The difference -- $28,000 -- invested at 3% * interest per year, would generate $840,000 per year, or about $3360 per work day (figured at 250 work days per year) - -an amount that would probably be sufficient to operate such a facility with no fares. This is not intended as an endorsement of Plan A, but merely to illustrate the extent to which the State is willing to subsidize the private automo- bile. Several problems would be alleviated under such a plan: 1) Less traffic through the Octopus; 2) Less traffic in downtown Ithaca, and less of a parking problem. 3) Less air pollution, and in particular less CO2 added to the atmosphere. (CO2 is the most important of the greenhouse gases.) 4) Less dependence on foreign oil. We heavily subsidize private automobiles. Its time we subsidized public transportation as a way of dealing with congested streets and global warming. * 3% allows for inflation. Actual interest of course would be a lot higher. Six -Mile Creek Acquisitions November, 1988 Conservation Advisory Council policy statement In view of the City's recent acquisition of land along Six -Mile Creek, and with the prospect of further acquisitions, the CAC recommends that Common Council state what its policy will be regarding these lands. Over the course of several meetings, we came up with the following recommenda- tions for your consideration: 1. The overall objective for the lands below the rr bed, and for a buffer zone 200 - feet -wide above it, should be to protect the natural character of these areas. Recreation should be entirely of the passive sort -- walking and bird- watching, for example. The CAC feels that the City must commit itself to not putting in active recreational facilities below the tracks. Perhaps, although at least some of the land would be officially designated as "park," it could be called the Six -Mile Creek Natural Areas Park. The Adirondack Park sets a good precedent: the term "park" does not need to imply active uses of the land, and the state recognizes this. The city is fairly well endowed with developed parks and vast expanses of mowed grass. Unfortunately, it is not well supplied with areas of unspoiled natural beauty where one can go for quiet reflection and renewal. This type of recreation is just as important as ballfields and skating rinks; each type of facility meets different needs. As the City expands, we will continue to need both types of recreational areas; the need for natural areas could well grow disproportionately, considering the continual growth of the city and surrounding towns. Open areas (abandoned fields) below the rr tracks should be left to continue their succession back to forest. 2. We understand that the two acres of frontage along Coddington Rd. on the Maylin /Brahm parcel were appraised at $30,000 ($15,000 each). It would seem reasonable to sell off this portion, or perhaps one slightly larger, for housing. The remaining 14 acres of the upper parcel is appraised at only $700 per acre. The city acquired it for even less than this. In other words, we got a terrific deal, and it would not make economic sense to sell it for the paltry returns that could be expected - -at most, $9800. The CAC feels that it would be prudent for the city to hold onto thal above - the-rr land as protectioin for the watershed. Another reason to hold onto the above - the -rr property is that NYSEG currently sprays herbicides in certain areas below their power line. Last June or July. Darlington and others observed large bands of dead woody plants, and a letter to NYSEG confirmed that they spray in that area. NYSEG claims to stay 600 feet from any stream, but at least one recent spraying went much closer to the stream on the upper section of the Maylin /Brahm parcel -- Darlington estimates perhaps only fifty feet away. NYSEG does not spray on City watershed holdings. Unless the new property is already officially part of the "city watershed," we request that the City look into so designating it. In any case the City would undoubtedly have more leverage in convincing NYSEG not to spray there than would a private owner. (There are, of course, good reasons to avoid spray.) C 9 O -{9 Sno,_1.) 3. Without having explored the parcel a bit to the SE of the Maylin /Brahm piece (and adjoining it on the downhill side of the rr bed) (see map), our tentative recommendation is that the City purchase only the portion below the rr bed and a buffer of at least 200 feet above the rr bed - -the quantity of land should be determined by the natural and recreational value of it. For example, if the upper part of the parcel includes the stream that is near its boundary, the city should retain a buffer of at least 200 feet in each direction along the stream. (This stream runs through the Maylin /Brahm parcel below the rr, and drains into the Reservoir.) Alternatively, the City could purchase the entire parcel and sell off whatever it decides is not needed. _ ?Ocl &e stvta", 1 ocAJ L0h 2R °_% i / / 1 rokj; -sW" 4. The 7 1/2 -acre triangle just outside the city, below the switchback, goes down very close to the creek and is in one of the most beautiful, unusual, and unspoiled areas of the watershed. (See map.) It is exactly this sort of area that we must pass on to future generations in an unspoiled state. This must be kept off limits (to city crews) for anything but the most minimal trail maintenance. Natural refuges such as this will be needed more than ever as the City grows and takes on more of the problems associated with large size. f ower .r Z0� l7ew. Y25w'�� 1iaC. 5. The CAC recommends that any future acquisitions follow these guidelines: a. Hands -off policy on acquisitions below the rr bed and for a 200 -foot- wide buffer above it. For example, no facilities for active recreation, and no clearing of trees or other vegetation. b. On the north side of Six -Mile Creek there is no neat dividing line (such as a rr bed). Distances to the water are generally shorter and steeper than on the Coddington side. Any acquisitions on the north side must be protected from overuse. The Six -Mile Creek Committee has made recommendations for acquisitions in that area, and we recommend that the City follow their advice. c. We feel that the City must exercise great care regarding any lands that it decides to condemn and purchase, especially those on which the owners reside. The City must not find itself in the position of taking property for preservation or passive recreation purposes, and then of turning around and selling portions for possible development. There may be many instances in which the current owners are planning to give their properties long -term protection from development; the City must . be able to assure such owners that the City's aim in acquiring the land is to protect it as a natural area and to protect the City's water supply, not to either develop it as a high -use recreation area nor to sell it for development. d. We propose that the City acquire conservation easements along any streams that flow between Coddington Rd. and the rr bed, even if the adjacent property is not one the City wishes to buy. We recommend a band extending at least 200 feet in each direction from the banks of such streams, in order to give the water the needed protection from pollution. Alternatively, the City could purchase these waterway bands, or negotiate restrictive deed covenants with the owners. e. Except for item (d), we suggest that the City aim to acquire only lands below the rr bed and 200 feet above it (as a buffer). Exceptions could be made, however, for critical or unique areas above the rr bed. 6. Acquisition and protection of lands in the Six -Mile Creek corridor is of such overriding importance to the City that it must be seen on its own merits and not be contingent upon any other city projects. 7. The CAC recommends that the City set up a special fund for acquisition of Six -Mile Creek land. We also recommend that any income from sale of road - frontage land on Coddington or Slaterville Rds. be put into this fund. EQBA funds should also be sought -- matching funds in particular may be relatively easy to get. 8. We also passed the following resolution: Be it resolved that the City of Ithaca create, maintain, and support by budget allocationn a small (5 person maximum) Committee for Land Acquisition Within the Six-Mile Creek Watershed that is empowered to publicize City Policy in this area, make and receive offers for the purchase of land (subject to Common Council approval), prepare and administer a budget, seek outside funding, and develop creative procedures in an aggressive program of land acquisition and watershed protection. 4 1A Cornell University Office of Government Affairs i 10 Day Hall Ithaca, NY 14853 -2801 (60 7) 25.=x4344 —State Relations (60 7) 255 -4345 — Federal Relations December 14, 1988 Betsy Darlington Conservation Advisory Council Chair City of Ithaca 108 East Green Street Ithaca, N.Y. 14850 Dear Ms. Darlington: John Burness asked me to respond to your letter of December 7 regarding Francis Paolangeli's removing dirt from campus construction sites to property he owns at 1345 Slaterville Road. I understand that your concern is not with construction debris. As you may know, we have entered into discussions with Tompkins County to help reduce the off - campus disposal of construction debris. I reviewed your letter with Associate Vice President Paul M. Griffen who is responsible for campus facilities planning and construction. He reports that as a general practice Cornell takes all top soil, gravel, and hardfill for specific on- campus needs. Non - stable fill, i.e. clay, is normally removed from campus lands by contractors, as in this case. The contract with Mr. Paolangeli provides for the removal of construction site earth. As is normal practice in the construction industry, he has the option of using the dirt for his own landfill purposes. We do not believe it is appropriate for Cornell to proscribe what a property owner may do on land he owns. There are, of course, a number of areas where the courts have given such proscriptive authority to local, state, or federal governments. We believe that the courts (or government if it is granted such authority) are a more appropriate place for this decision to be made. ,f _, I Betsy Darlington December 14, 1988 Page 2 I hope this information is helpful. Sincerely, !l Stephen Philip Johnson Executive Director of Government Affairs :pc CC: John Burness Paul Griffen David Stewart Mayor Gutenberger Common Council Statement of the City of Ithaca's Conservation Advisory Council i on the DEIS for Rt. 96 Dec. 14, 1988 (Portions to be read by Betsy Darlington, Chair, and Barbara Hotchkiss, Secretary) The Conservation Advisory Council (CAC) prepared, and unanimously approved the following statement: The CAC has devoted considerable time to studying the rt. 96 DEIS and the various alternatives. We have toured the area on foot and measured distances of the proposed ROW ,s. We have heard and read arguments for and against the various alternatives, and have discussed them with the DOT consultants. While all the alternatives have some drawbacks and some advantages, the CAC feels that both Plan B and Plan C have major problems, as summarized below (as well as in the DEIS in Tables 22 and 23, pages IV -79 and VI -38). Plan A with one of the optional 89 alignments avoids most of these, at the same time as meeting the four design criteria, in an elegantly simple, sensible, and straightforward manner. PLANS B AND C 1. Octopus Neither Plan B nor C adequately solves our single biggest problem, the Octopus. Although rt. 96 would have its own new highway and bridge, the Octopus would retain its current configuration. On West Hill to the west of the City a number of subdivisions are already in the planning stages, and more are sure to follow. This will mean more traffic entering the Octopus on rt. 79- Hector St. Furthermore, as development increases out along the current rt. 96, more cars will come in on Cliff St. rather than backtrack to the new highway. Sprawl makes it more difficult to mitigate traffic problems with mass transportation, although park- and -ride facilities would help. (Regardless of which plan is chosen, the CAC recommends developing such facilities.) By the design year (2010), the Octopus would be just as much of an aggravation as it is today. Under Plan B or C, according to DOT projections, the peak -hour traffic count in the Octopus would be higher in the year 2010 than in 1985. (1770 vehicles going westerly, compared to 1550.) 2. Park Rd. Connector The Park Rd. Connector- -the bridge over the new rt. 96, from Park Rd. to Cliff St. - -is another problem with Plans B and C. Stopping at Cliff St. when roads are slippery could be hazardous. It would also be unsightly. And B or C would put all of rt. 89 and some of Cass Park traffic onto the new rt. 96, near the skating rink. The rest of Cass Park traffic would go on the overpass to Cliff St. At the numerous peak times during summer months, there would be tie -ups at both these points. 3. Visual impacts Both B and C would result in a significant visual impact on West Hill; high -level C would also be unsightly and disruptive all the way from Meadow St. to Cass Park. The Park Rd. Connector would be just a part of the visual impact. Worse would be the scar along what is now a steep hillside of unbroken woodland. We are told by the DOT consultants that the road would look much like rt. 13 on the east side of the lake, except that it would continue for a greater distance before veering off up the hill. The visual impact would be most severe with Plan C, but B would produce nearly as bad a scar. The visual impact of the destruction of woodland on West Hill would be especially severe from vantage points in Cass Park, Stewart Park, and many points on East Hill and South Hill. Request: For the FEIS, the CAC requests that the DOT supply accurate artist's renderings or computer simulations depicting clearings, cut - and- fill areas, cross - sections, walls, fill slopes, bridges, etc. from various vantage points - e.g. Cass Park, Stewart Park, Inlet Island, the hospital and the PRI, and points on East and South Hill. Note: The Visual Supplement, p.4, makes the surprising claim that commuters, shoppers and workers are "low in sensitivity and awareness." The CAC takes issue with this unfounded claim. 4. Environmental impacts on West Hill a. Fragmentation of forests is a major cause of declines in populations of large predatory birds such as red - shouldered hawks and barred owls, other large woodland birds like pileated woodpeckers, and many neotropical migrant songbirds -- various vireos, warblers, and thrushes, for example. In fact, some scientists now believe that major declines in numbers of neotropical migrant songbirds can be blamed at least as much on forest fragmentation as on the destruction of tropical rainforests.(1) B or C would, without any doubt, generate development near and beyond the hospital. This would, in turn, lead to further fragmentation of woodlands and greater declines in those species that require unbroken expanses of woodland in order to breed. b. The DEC points out in the DEIS that a significant amount of wildlife habitat would be removed, and the deer population "severely impacted." (3-15, memo of July 11/86) c. Whether or not any rare species of plants, particularly spring wildflowers, exist in the project area cannot. be known without an inventory. Scientists estimate that 10,000 plant and animal species, worldwide, will become extinct each year in the 1990's, mainly through loss of habitat.(2) They also estimate that in 1989, 700 more plants will become extinct in the United States alone.(3) While this one project would presumably not cause the extinction of any species, the cumulative impact of this and similar projects all over the country is leading to declines and eventual extinctions. d. In addition to damage the highway would cause to numerous small ravines, the CAC is concerned about the impact on Williams Glen, a very beautiful and unspoiled gorge. 1. See, e.g., The Auk, vol. 105 #4, Oct. 1988, p. 756 -768, article by Richard Holmes and Thomas Sherry; and Breeding Bird Survey, its first 15 years, 1965 -1979, by Chandler Robbins. 2. Foresight Institute. 3. Center for Plant Conservation 2 r Requests to the DOT: 1. For the FEIS, a careful inventory of migrating and nesting birds should be done in the spring and early summer to determine what species would be affected. Other wildlife should be inventoried at the same time. The DEC already has stated (in the DEIS) that B or C would have a severe impact on wildlife, and it specifically mentioned the white - tailed deer population and several gamebird species. Yet no wildlife inventory was done. 2. For the FEIS, a thorough plant inventory should be done in late April and early May. 3. If B or C is chosen, the suggestion for strategic clearing of trees along West Hill to improve the view from the new road should be struck from the plans. The amount to be cleared would already be too great. 4.1n the event that B or C is chosen: a. Planting of native trees such as red, white, and chestnut oak; hickory; red and sugar maple; black cherry; and hemlock, should be mandated on the fill slopes. b. Rapid seeding of fill slopes should be mandated. c. Regardless of which option by the hospital might be chosen, as little vegetation as possible should be removed. d. How would building an earth barrier at the new 96 -89 intersection relieve ponding problems? (III- 48 -49) e. Any land clearing should be done between August and March, when most birds are not nesting. 5. Erosion and siltation of streams As the DEIS points out, the steep hillside is highly erodible (IV- 36 -37). The DOT would, of course, have to mandate many measures to control this, during and after construction. But the DEIS also states (IV -69) that actual measures to disperse runoff would be limited due to the steepness of the...hillside." The implication is that even with mitigating measures, there would be some erosion and siltation. Both B and C require major stripping of vegetation. For holding soil, there is no substitute for vegetation, especially trees.. Request: With regard to siltation and erosion, the DEIS says (IV -40), "it may be desirable to preclude ... instream work during high flow periods." This should be mandatory. 6. De -icing salts are addressed in the DEIS only in terms of their impact on water quality. (IV- 37,38) What about on vegetation, including trees planted by the DOT next to the highway? 7. Grade and noise The steepest grade along the new highway (6.3 %) would be steeper than Cliff St. and than rt. 13 at its steepest point (5.9 1/0), near the Cayuga Heights interchange. Not only might this create safety problems, but noise would be greater than on these other roads. Noise was not tested in Stewart Park, the Golf Course, or the residential North Central neighborhood. Rt. 13 is already a source of noise pollution at Stewart Park, and also in residential neighborhoods uphill from it, 4 despite a large woodland buffer . The new highway would simply make the problem at Stewart Park worse. The DEIS states that increased noise in Cass Park will not "cause any annoyance" to park users.(IV -66) We strenuously disagree with this assessment! The DEIS, in fact, says that Park Rd. is a "major noise sourcell at the Archery Range. (Noise supplement: A -14 and p. 29) Yet Park Rd. is considerably farther away than the new highway would be, carries less traffic, and is flat. We do not consider an increase of 6 to 7 dBA's insignificant.* "Noise abatement criteria" for parks should be higher than for business or residential areas. We feel that noise from B or C would significantly reduce the recrea- tional value of Cass Park, the Treman Marina, Stewart Park, and the City Golf Course. Parks are meant as refuges from city noises. Large highways do not belong in or next to them. Noise at residences uphill from the highway - -in one case only 30 feet from the right -of- way - -could be intolerable. While in most cases some trees would remain between the highway and the homes, the amount of vegetation would by no means be an' adequate buffer. Residents of Chestnut St., for example, are extremely bothered by noise from the Industrial Park, although a rather large wooded hillside separates them. And rt . 13 is very noisy at points above it, despite the large woodland in between and the somewhat gentler grade. The DEIS Noise Supplement (page A -15), states that despite dense woods between Williams Glen Rd. and Cliff St., there is "near constant background noise... clearly audible" along Williams Glen Rd., from Cliff St. Yet the DEIS claims that remaining woods between Cliff St. homes and the new highway would make sounds from the new highway negligible. (In many cases the band of woods would be negligible or nonexistent.) Noise could also be a major problem at the hospital. The proposed bikeway along the RR bed to Taughannock, right below the highway, would hardly be a pleasant place to bicycle. In summary, the CAC feels that there would be major noise impacts at a variety of locations, and these are understated in the DEIS. Request: tests and noise projections should be made in Stewart Park, the Golf Course, and the North Central neighborhood. 8. Dust and fumes Although projected levels of these pollutants might not exceed federal standards, they could be significant nuisances along the proposed bikeway to Taughannock, and at Cass Park, the hospital, and nearby residences. Studies have shown that people exercising in high traffic areas can suffer detrimental health effects. Request: If there is a way to test for air contaminants at sites similar to a new rt. 96, the CAC feels the DOT should do so. Also, other pollutants than CO and lead should be addressed -- asbestos, nitrogen compounds,etc. 9. Fill slopes According to DOT consultants, soil conditions may make it impossible to use retaining walls instead of fill slopes along the west side of Cass Park (south of the new 96 -89 intersection). In the event that -6 A C fill slopes are required, significantly more of Cass Park would be destroyed and scarred. Also, fill slopes with C and maybe B, would require that the power lines be relocated into Cass Park, with further loss of park space and vegetation. Question: What land would the city acquire in exchange for park land taken for the highway? The city should know this before final decisions are made. 10. Traffic a. Plan B shares with Plan A (without the optional alignment of 89) the disadvantage that traffic would be concentrated at fewer intersections. This would lead to continued tie -ups after a train has passed. Also, these two plans would channel an undo amount of traffic onto residential West Buffalo St. b. The CAC contends that more highways generate more traffic. In this instance, the effect would mainly come from greater suburban development near and beyond the hospital. While B or C may get this traffic into the city with fewer hassles (at least in the early years), what happens then? Parking and traffic are already problems in the city. We do not need new traffic generators. (Also see under #1, Octopus) 11. Neighborhood cohesion The DEIS (IV -46) points out that Plan C, especially the high -level alternative, would have a major disrupting impact on the West End residential neighborhood and would lower property values there. 12. Tourism and Ithaca character One reason tourists visit this area is to get away from exactly the type of unsightly, Syracuse -like tangle of big highways, and the suburban sprawl that would be generated by B or C. Moreover, residents of Ithaca by and large prefer the sight of wooded hillsides and undisturbed gorges to highway scars and sprawl. PLAN A- OPTIONAL RT. 89 ALIGNMENT and PLAN A- OPTION 2 I. As the DEIS states (IV -78), A or A- optional would do the most to relieve congestion at the Octopus. These plans have the advantage of dividing main traffic routes onto separate bridges over the Flood Control Channel (three, in the case of the optional plans) and dispersing it onto several city streets, rather than concentrating it in just a few spots. Traffic would flow unimpeded through the area, and there would be minimal traffic backups after a train has passed. 2. Although there have been only 2 runaway trucks since 1974, runaway vehicles on Hector and Cliff are legitimate concerns. By providing each with a separate bridge, the hazard posed by runaways would be signifi- cantly reduced, a point the DEIS fails to make. While B or C would put many trucks on a new highway, there would still be enough traffic over the Octopus bridge -- especially by 2010 - -to indicate that this inter- section would be less safe than under A or A- optional. Also, the new highway "s 6.3% grade -- steeper than Cliff St.- -could produce its own problems with runaways and possible accidents, especially at the new rt. 89 intersection. 3. As can be seen on the DEIS accident maps, the accident rate on Cliff St. itself is very low except at the Octopus, the hospital, and Hayts Corners. With B and C s lack of change in the Octopus configuration, accidents would again become a problem there, as traffic increased with development. As the DEIS states, Cliff St. is well able to handle both today ,s traffic and future anticipated increases, as long as it is put on its own bridge over the Flood Control Channel. 4. The DEIS minimizes the amount of traffic and duration of delays on rt. 89 -Park Rd. But during summer months, heavy traffic and long delays on 89 are frequent, especially after plays at the Hangar Theater and daily ball games. We question the 5- minute maximum delay figure given in the DEIS (III- 54 -55); members of the CAC have experienced delays of 20 minutes or more. Traffic going to the Treman Marina, cottages along the lake, Taughannock State Park, and points north can also be considerable. With the anticipated construction of a second skating rink, such traffic might carry over to the winter months as well. It only makes sense to put a third bridge across the Flood Control Channel to handle this traffic, as proposed for either A- optional or A- option- 2. Moreover, if there were such a bridge, some people travelling to Ithaca along rt. 96 from beyond Perry City Rd. might choose to take that road down to rt. 89, thus lessening traffic on 96. 5. With the various A plans, there would be none of the environmental, aesthetic, or recreational losses associated with Plans B and C. 6. One disadvantage with the A plans is access to rt. 96 and 89 from Floral, Elm, and Hector Sts. However, the distance over the bridge and back again would be minimal; or, depending on where one was going, one could travel up Hector St. and cross over to Cliff St. at Vinegar Hill or Campbell Ave. In balance, the CAC does not think that either of these should be a significant problem, especially when weighed against the numerous advantages of the A plans and the severe impacts of Plans B and C. To choose B or C over any of the A alternatives would be like using a steam roller to squash a fly. Requests, questions, comments: 1. The CAC would like the DOT to take a second look at A- option 2, which we have been including in our analysis. It appears to us to be the best solution of all. The reasons given for its being discarded seem spurious to us: The RR could be realigned with little more cost than that entailed by low -C. Far less park land would be taken than with Plan B or C, although this is used as one reason for rejecting it - -and much of what would be taken is on Inlet Island, in the process of being alienated, and not used as park land anyway. The cost for A- option 2 would be only $2 million more than for Plan A- optional, yet would have the benefit of greater dispersal of traffic and less taking of developable land on Inlet Island. (A- option 2 would be only about half the cost of Plan B.) Not mentioned in the DEIS, but according to a DOT consultant, the City Planning Dept. objects to this alignment because of extra traffic on Esty St., east of Meadow St. If that became a problem, Esty St. could be blocked off on the east side of Meadow or signage could prohibit admittance from the west. However, since traffic would only be from rt . 89, and this would be dispersed over several possible routes, it appears to us unlikely that the problem would arise. Plan B would concen- trate traffic impacts on Buffalo, State and Seneca. The CAC feels it makes sense to disperse traffic over as many streets as possible, so no one neighborhood has to bear all of it. The one problem remaining with A- option 2 is that a new bridge would have to be built over Cayuga Inlet, as with low -C. However, this was not significant enough for low -C to be rejected. (One possibility for either of these plans would be a drawbridge -- common in many other places - -if the City decided it did not want to limit access for large boats south of that point. It would operate only during the summer, and an employee at the adjacent marina could operate it.) 2. How A- optional separate the local community (IV -45), since the new 89 road would merely cross the island, and no one lives there? 3. The RR tracks are still an issue to some in the community because of fire and medical concerns. Regardless of which alternative (other than high -C) is chosen, communication between emergency vehicle operators and train dispatchers should be improved. The CAC also feels that it may be worthwhile to upgrade the RR tracks and speed up the train. A bridge over the tracks, perhaps farther south of the Octopus, may be worth looking into. However, we do not see the RR tracks as posing a significant problem for emergency access to the hospital or to fires. Furthermore, a fire station is to be built on West Hill, and the Guthrie Clinic will soon have a satellite facility on Warren Rd. which we understand will eventually take emergency cases. In addition, emergency patients are normally stabilized before being moved. Summary 1. Plans B and C would not solve long -range safety and traffic problems at the Octopus. 2. Plans B and C would have major ecological, visual, and noise impacts. Since B and C are unnecessary to the solution of our traffic problems- -and indeed would create new ones - -we feel that the great loss of habitat, the extensive visual scarring, and the noise that B or C would entail are unacceptable. 3. Plan A, A- optional, or A- option 2 would solve the traffic problems in a sensible, balanced manner without causing significant new problems. Comment: Although we disagree with some of the DEIS's conclusions, and have a variety of questions, we feel that the DOT consultants did a mostly thorough and even - handed job with the DEIS, and we thank them. We also applaud the provision for the Cayuga Bike Trail in all of the plans. Memo to: P &D Board Our subcommittee for EAF s met yesterday to consider this LEAF. Our feeling is that if certain questions are satisfactorily addressed, first in part II and then in Part III, a negative declaration (no significant impact) would probably be appropriate: Page 2, #1, Impact on land: "Other" is checked, but nothing written in. Is there anything beyond demolishing the barn, building two buildings, and landscaping the property? Page 3, #5, Will project affect any non - protected body of water? Six -Mile Creek should be checked in column 2. (As application points out, project is across the street from it.) Muddy runoff could enter the creek, and control measures must be mandated. The fact that the site is flat should make this a simple matter. (E.g. hay bales to prevent muddy water from getting to the street, perhaps.) Also, the landlord should make sure trash from tenants doesn't blow into the creek. (Page 4, last threshold under #6 (siltation, etc.): same comment as above.) Page 10, #19 Controversy? Our impression was that opposition from the local community was considerable. Column 2, not 1? A couple of other concerns: 1. During construction, protective fencing should be placed around trees at least as far out as the drip -line of the branches. A recent article stated that tree deaths are common -- though often not immediate - -from damage to roots from soil compaction by heavy equipment (roots go out even beyond the drip line, by the way), mechanical damage to the trunks, and piling of dirt and debris around the tree. (If you want to see the article, I.11 make you a copy, but this really is nothing new.) 2. Rather than planting maples by the street, we recommend Mr. Ronsvalle consult the Shade Tree Advisory Committee or their booklet of recommendations. Beautiful as maples are, the city has too many; the risk of an epidemic killing them off is increased because of this concentration. (Some possib- ilities are red or white oak, tulip, or various species of basswood (linden).) 3. We hope the applicant will plant a lot of trees on the property, to lessen the visual impact of the projectTin addition to all their other benefits!). 4. Traffic and parking problems, should the units be rented to 16 unrelated people rather than to four families: We do not feel qualified to evaluate this. On the one hand, the site is near bus service. But more people than ever - -even students - -seem to be owning cars than one might expect from the availability of bus service. Also, Mr. Ronsvalle has indicated his intention to rent to families. This would help relieve a little of the city s critical need for family housing, and wouldn't put undo strain on parking and traffic in the neighborhood. Is there any way to ensure rental to families? This seems to be a matter the P &D Bd. is more qualified to address than the CAC. Jon Meigs, Planning Ron Ronsvalle From: Betsy Darlington, Chair, CAC Re: LEAF for Ronsvalle subdivision at 109 South Titus Cc: Common Council members Mayor Gutenberger CAC members Date: Dec. 16, 1988 Our subcommittee for EAF s met yesterday to consider this LEAF. Our feeling is that if certain questions are satisfactorily addressed, first in part II and then in Part III, a negative declaration (no significant impact) would probably be appropriate: Page 2, #1, Impact on land: "Other" is checked, but nothing written in. Is there anything beyond demolishing the barn, building two buildings, and landscaping the property? Page 3, #5, Will project affect any non - protected body of water? Six -Mile Creek should be checked in column 2. (As application points out, project is across the street from it.) Muddy runoff could enter the creek, and control measures must be mandated. The fact that the site is flat should make this a simple matter. (E.g. hay bales to prevent muddy water from getting to the street, perhaps.) Also, the landlord should make sure trash from tenants doesn't blow into the creek. (Page 4, last threshold under #6 (siltation, etc.): same comment as above.) Page 10, #19 Controversy? Our impression was that opposition from the local community was considerable. Column 2, not 1? A couple of other concerns: 1. During construction, protective fencing should be placed around trees at least as far out as the drip -line of the branches. A recent article stated that tree deaths are common -- though often not immediate - -from damage to roots from soil compaction by heavy equipment (roots go out even beyond the drip line, by the way), mechanical damage to the trunks, and piling of dirt and debris around the tree. (If you want to see the article, I.11 make you a copy, but this really is nothing new.) 2. Rather than planting maples by the street, we recommend Mr. Ronsvalle consult the Shade Tree Advisory Committee or their booklet of recommendations. Beautiful as maples are, the city has too many; the risk of an epidemic killing them off is increased because of this concentration. (Some possib- ilities are red or white oak, tulip, or various species of basswood (linden).) 3. We hope the applicant will plant a lot of trees on the property, to lessen the visual impact of the projectTin addition to all their other benefits!). 4. Traffic and parking problems, should the units be rented to 16 unrelated people rather than to four families: We do not feel qualified to evaluate this. On the one hand, the site is near bus service. But more people than ever - -even students - -seem to be owning cars than one might expect from the availability of bus service. Also, Mr. Ronsvalle has indicated his intention to rent to families. This would help relieve a little of the city s critical need for family housing, and wouldn't put undo strain on parking and traffic in the neighborhood. Is there any way to ensure rental to families? This seems to be a matter the P &D Bd. is more qualified to address than the CAC.