Loading...
HomeMy WebLinkAbout1990-11-13 Six-Mile Creek Valley a Heritage to Preserve SIX - MILE CREEK VALLEY A HERITAGE TO PRESERVE • ��''•d';•'!` fin' �•�� '-' 1 � •:. A REPORT TO THE TOWN OF ITHACA �m °7. ���y,;���Ir' `, r ,,✓, FROM THE TOWN OF ITHACA CONSERVATION � ,. ADVISORY COUNCIL l T PREPARED BY THE PARKS, OPEN SPACE, AND STREAM CORRIDORS COMMITTEE NOVEMBER 13, 1990 +p�•1► Yo4 t .y SIX-MILE CREEK VALLEY: A HERITAGE TO PRESERVE A report to the Town of Ithaca from The Conservation Advisory Council prepared by The Parks, Natural Areas, & Stream Corridors Committee November 13, 1990 The following people have been instrumental in creating this report: Parks, Natural Areas. & Stream Corridors Committee [aura marks, Chair Richard Fischer Elizabeth Mulholland Other Conservation Advisory Council Members John Whitcomb, Chair Celia Bowers Christiann Dean Dooley Kiefer Eva Hoffmann Ruth Mahr Phillip Zarriello, ad hoc Town of Ithaca Supervisor x Shirley Raffensperger Town of Ithaca Staff George Frantz Susan Beeners, John Czamanske, Scott Dvorak, Daniel Walker City of Ithaca Common Council: Daniel Hoffman, Carolyn Peterson Conservation Advisory Council: Elizabeth Darlington Staff: H. Matthys Van Cort, Peter Weed, Douglas Foster Watershed Manager: Charles Baker Computing Consultant Nicholas Gimbrone SIX-MILE CREEK VALLEY: A HERITAGE TO PRESERVE `r Table of Contents EXECUTIVE SUMMARY ii INTRODUCTION.........:.............................. 1. The Setting.................................................................................................1 2. Background City/Town. Dialogue.................................................:.......................2 3. The Comprehensive Plan Context.....................................................3 DESCRIPTION OF SIX-MILE CREEK VALLEY...................................................4 1. The Natural Attractions........................................................................4 2. Water Supply......................................................... ............6 3.Land Use.........................:.................................................. ..............7 ............ 4. Human Imprint........................................................................................8 6. Topography................................................................................................13 7. Hydrology...................................................................................................1 5 8. Woodland.....................................................................................................16 CRITICAL ISSUES 18 ............................... 1. Natural Balance........................................................................................18 2. Water Supply 3. Human Uses............................................................................................... 20 RECOMMENDATIONS................................................................. 1. Intermunicipal Liaison..........................................................................2 1 2. Protective Measures............................ ..............2 1 ..................................... 3. Agriculture................................................................................................. 4. Public Infrastructure....................................................: .........2 3 .............. 5. Public Access.............................................................................................2 4 6. Zoning and Land Use.............................................................. .2 4 ............... APPENDIX A.......................................................................:. Proposed Conservation District...............................................................3 1 APPENDIXB ................................................................................................................3 3 Maps....................................................................................................................3 3 APPENDIXC....................................................................:............................................3 5 Correspondence.............................................................................................3 5 h EXECUTIVE SUMMARY The fact that Six-Mile Creek Valley is a valuable natural resource to the public is indisputable. There are, however, choices to be made about protecting private property for the public good. This report, el Six-Mile Creek Valley: A Heritage to Preserve, prepared by the Parks, Natural Areas, and Stream Corridors Committee of the Town of Ithaca's Conservation Advisory Council, discusses the reasons to protect the area and the critical issues to be addressed as well as recommending ways in which to achieve protection of the resource. The report was generated in response to the Valley's ecological importance, increasing development pressure in the area, and the City of Ithaca's concern with regard to protecting its water supply on Six-Mile Creek. In May of 1989 the Town and City of Ithaca began discussions that focused on protective measures that the Town could adopt to complement the City of Ithaca's landholdings in the Six-Mile Creek Watershed. This dialogue between the Town and City of Ithaca is the first of a series that will involve the other municipalities with jurisdiction in the watershed, namely Tompkins County and the Towns of Dryden and Caroline. There are man reasons to protect the Six-Mile Creek Valley. For I� Y P Y example, it is blessed with many natural attractions. It is the source of clean water for the City of Ithaca and parts of the Town of Ithaca The Creek, its Gorge, and the resident flora and fauna are, important resources in learning about and understanding our natural environment. The beauty of the area is all the more remarkable and fragile when one considers that urban development is but a short distance away. The Valley also has historical significance to Ithaca and has been a place of recreation for its citizens for decades. The recommendations of this report attempt to balance the private landholder's rights with the public need for a sustainable natural balance in the Valley, a clean water supply, and continued access to the area for low-impact recreational activities. f -ii- The Conservation Advisory Council recommends that the Town of Ithaca: r - Establish a permanent liaison between the Town and the City of Ithaca 'and/or other communities on matters concerning Six- Mile Creek and its watershed, including City land purchases. - Develop a .mechanism through which the Town may accept conservation easements from landholders in the Six-Mile Creek Valley. Encourage the use of sustainable agriculture methods and regulate feedlots, barnyards, and chemically maintained orchards and vineyards in the Valley. Investigate alternatives to the existing septic systems and/or sewer line extensions for residences along Coddington Road. - Staff and boards be aware of; and respond to, adverse environmental affects of any land use planning or capital, projects decisions in the area of Six-Mile Creek Valley. Monitor, in cooperation with the City of Ithaca, public access to the area for adverse effects to the Valley and take appropriate action when necessary. Establish a "Conservation District" in the Town of Ithaca's Zoning Ordinance and rezone a portion of the Valley. This new zoning district would protect the rural character of the area, its natural resources, and the City's water supply through reduced residential densities and limits on land uses. Designate a buffer zone with severe limitations on development within the environmentally sensitive core of the Valley, and along certain tributaries of Six-Mile Creek. This buffer zone would also be designated a Critical Environmental Area. r -iii- SIX-MILE CREEK VALLEY: A HERITAGE TO PRESERVE T INTRODUCTION 1. The Setting Nestled between heavily developed East Hill and Eastern Heights and burgeoning South Hill, the Six-Mile Creek Valley is facing increasing pressure from encroaching development and resultant foot traffic that disrupt its natural and peaceful character and erode its purity. The magnificence of the Gorge with its wealth of wildlife and plants, the municipal reservoirs, and opportunities for passive recreation all make the Six-Mile Creek area worthy of protection. Its fragility necessitates stringent and timely protective measures. Before proceeding further, some, terminology needs to be clarified as to how it will be used in this report. Six-Mile Creek Valley is the land between New York Route 79 and Coddington Road. Six-Mile Creek iol is the river that flows through this Valley on its way to Cayuga Lake. Since before the Ice Age, the Creek has been carving a beautiful Gorge with spectacular steep sides and impressive ledges. The words "Valley", "Creek", and "Gorge", will be capitalized whenever these specific natural features are being discussed. The. Six-Mile Creek Valley extends northwest through the Town of Ithaca from the_ Towns of Dryden and Danby to the southeast corner of the City of Ithaca. That part of the .Valley within the Town. of Ithaca is the lower portion of a watershed extending approximately thirteen miles eastward on the Towns of Dryden and Caroline to the Tioga County line. Six-Mile Creek itself drains an area encompassing approximately 50 square -miles. Approximately 6.3 square miles of the watershed lie within the Town of Ithaca. (Map #1 ) For hundreds of years'the Six-Mile Creek.Valley has _served as a transportation route to and from Ithaca. Prior to the coming of Europeans the Warrior Path connected the Iroquoian communities at Owego and Ithaca. The path paralleled the Creek on its north side from Cayuga Lake to 'a point west of present-day Brooktondale. At - 1 - i that point it crossed the Creek .and turned south down the Valley towards Catatonk Creek and present day Willseyville, thence to Owego. This crossing -- six miles from Cayuga Lake -- was the landmark to travelers on the path that gave the Creek its name. Later; the Catskill Turnpike (now Route 79/Slaterville Road) was constructed into Ithaca along the route of the Indian path, and railroads (both now abandoned) flanked the Creek on both sides of the Valley. Many present-day human activities threaten the natural features of the Six-Mile Creek Valley and the quality of the water that flows into the City's water supply reservoirs. They include unwise residential and commercial development, insensitive agricultural practices, and recreational overuse. However, we believe that by working in concert, concerned citizens and local governments can bring about the land-use policies and other protective measures which can ensure that this irreplaceable natural resource is s preserved for generations to come. 2. Background: City/Town Dialogue The origins of this report lie in a series of discussions between i Town and City of Ithaca officials and staff centering on the concerns of the City regarding development in the Six-Mile Creek Valley and k. potential -adverse impacts of such development on the water supply of the city, and the natural areas on either sides of the Creek. These discussions, which began in May of 1989, resulted in a memorandum in March 1990 from H. Matthys Van Cort, Director of the Department of Planning and Development for the City of Ithaca, requesting that the Town of Ithaca investigate ways in which it, in cooperation withr the City, could better protect the Creek and surrounding natural areas (See Appendix C). The request by the City was referred by the Town Board to the Planning Board, which referred it to the Town of Ithaca Conservation, Advisory Council. The Parks, Open Space, and Stream Corridors committee was then charged by the Conse.rvation Advisory Council with the task of investigating the Six-Mile Creek Valley and making recommendations on appropriate mechanisms for better protecting the Creek and its surrounding environment. This report contains the results of the committee's investigation and deliberations. f -2- 3. The Comprehensive Plan Context The Town of Ithaca is currently in the process of developing a new Comprehensive Master Plan to guide the Town as it progresses through the next twenty years. Some of the issues which the new Comprehensive Plan will be addressing are: better growth management tools; preservation of open space; preservation of agricultural lands; provision of adequate recreation facilities for all town residents; public infrastructure, including public water supply; and protection of our lakes and streams. This plan is being produced under the oversight of the Town of Ithaca Comprehensive Planning Committee(CPC): Those portions of the Comprehensive Plan that are to address environmental issues and natural areas have been delegated to the Town of Ithaca Conservation Advisory Council. The. draft of the Comprehensive Plan is scheduled to be completed by late this .year, and the final version adopted by the Town of Ithaca Planning Board in 1991 . We hope that the Six-Mile Creek Valley report will be considered part of the overall .Comprehensive Plan for the Town of Ithaca. In preparing it, the ccmmi►tee has focused on the Six-Mile Creek Valley; however, the problems of other stream corridors within the town, such as Cayuga Inlet, Fall Creek, and .Cascadilla Creek were never far from the minds of committee members. Thus the recommendations made in this report, while addressing the- need. to better preserve the Six-Mile Creek Valley and its important open- space and water resources, are applicable in most respects to other stream corridors in the Town of Ithaca. The Parks, Open Space, and Stream Corridors committee. has thus striven over the course of its work to create a document and set of recommendations that are complementary to the overall effort to prepare a new Comprehensive Plan for the Town of Ithaca, and which can be incorporated into the Comprehensive Master Plan at the appropriate time. F DESCRIPTION OF SIX-MILE CREEK VALLEY 1. The Natural Attractions The Six-Mile Creek Gorge from Van Natta's Dam in the City of Ithaca upstream to Burns Road is a priceless natural wonder. It is an area of flowing waters, impressive rock outcrops, pristine woodlands, and spectacular vistas.. Plant and animal life abound, and they attract- large numbers of students and observers. Even though the Gorge is surrounded by hundreds of homes, and within walking distance of downtown Ithaca,. its has managed to survive people and progress. Since the Gorge has recently been named the Elizabeth Mulholland Wildflower Preserve, we shall comment first and at length on its wildflowers. This watershed is one of the most unusual wildflower areas in New York State. Other places in the state are noted for displays of one or two species of 'wildflowers. Here however, in Six- Mile Creek Gorge, we have a springtime spectacle that is truly outstanding. Early in April, Ithacans go to the Gorge- to. see the first bloodroots and hepaticas, harbingers of a. pageant of blooms that will, in a few short weeks, transform the silent woods into a spectacle of form . and color. Next come the trout lilies, wild ginger, and spring beauties. In the last days of April new blossoms are added to the list: Dutchman's breeches, squirrel corn, red and white trilliums, -and too.thworts. Most of these species are still in bloom when their ranks are augmented further with the addition of bellworts, bishop's caps, Jack-in-the-pulpit, Solomon's seals, and a variety of violets. By mid-May the woodland floor is an unbelievable wild garden, a natural phenomenon that must be witnessed to be appreciated, but once seen is never to be forgotten. As this. crescendo of color and line subsides, late-blooming species such as wild geraniums,. columbine, and mayapples come into their own. The bursting of tree buds and the subsequent closing of the canopy overhead signal the closing of the wildflower spectacle. Although spring provides the "big show", there are plenty of blooms to fill the summer months. Early in July, chicory (that famous coffee substitute) opens its soft blue flowers. Providing a yellow backdrop -4- � are the. primroses and assorted sunflowers, while yarrow lends splashes of white along the many paths. The list of summer bloomers is being enlarged with the reintroduction of species formerly present in the Preserve. As the summer blossoms fade, their places are taken by asters and goldenrods in such profusion that they provide us with a veritable riot of color. They, accompanied by the brilliant hues of autumn foliage, ring_.down the curtain on the Gorge's annual festival of color. But this unique wildflower heritage is not our 'only concern. For there ,are other life forms in the Six-Mile Creek Gorge that merit our attention and protection.. For example, bird watchers know the area is home to some of our most colorful and sought-after species. From the deep woods comes the rolling drum call of the Pileated Woodpecker. Early morning saunterers hear a different drummer: the Ruffed Grouse. Oak stands are homes for Scarlet Tanagers, while Warbling -Vireos frequent cottonwoods and willows. Along the watercourses one hears the wild clear song -.of the Louisiana Water- Thrush and the rippling ditty of the Winter Wren. Predators are there also in the form of Cooper's Hawks, Broad-Winged Hawks, Screech Owls, and the secretive Great-Horned Owl. Mammals are present too, but by keeping from view they also hide their real numbers. From their tracks we know deer and fox are present. And with oaks. so numerous 'there is .plenty of food for chipmunks and gray squirrels. Beaver -- perennial favorites with children -- now occupy a lodge on the far side of. Van Natta's Pond within the City; occasionally they are also seen farther upstream. Lower forms of life that find haven in the Six-Mile Creek Gorge, deserve our concern, because they are part of the whole complex fabric of life that makes the place what it is: a most special place. Its insects, frogs, salamanders and, yes, even its snakes deserve protection just as much as the' wildflowers.. . Some people maintain that the best time to visit Six-Mile Creek Gorge is a winter night when the moon shines brightly and snow .blankets the forest floor. Whether one agrees or not, there is much to see and experience in the snowy, leafless winter woods, for then every furry foot leaves a written record in the snow for all to read ' and interpret. That is when the delicate tracery of tiny feet informs us that white-footed mice and short-tailed shrews share these -5- li - i woods with larger creatures. That is. when we can pick up the track to discover where deer and rabbits were going for food and shelter. On sunny days when winter finally loosens its grip, hikers in the Gorge enjoy listening to the clear "fee-bee" whistle of -the chickadee, while the ringing "peto-peto-peto" song of the tufted titmouse drifts earthward from the` oaks. These harbingers inform us that the first hepatica and spring beauty blossoms. will soon grace the woodland floor, that another in that endless cycle of the seasons has been set in motion. What will future seasons in Six-Mile Creek Gorge be like? Will they resemble our description? Seriously threatened by development pressures, the Gorge is at a critical juncture in its long history. Among the factors contributing to the diversity of life in the Six- Mile Creek corridor is the large, open, natural expanse where woodland, wildflowers, and water interplay. Careful, planned action is imperative if the Gorge is to be delivered from the many .threats it now faces. 2. Water Supply Six-Mile Creek has supplied the City of Ithaca and parts of the Town of Ithaca with water since 1892, when the Ithaca Water and Light j Company purchased the mill and dam at Van Natta's to supplement its existing supplies. A decade later the company built Thirty Foot Dam and laid a twenty-four inch aqueduct along the creek to connect the reservoir created by the new dam with their Van Natta's Dam complex. In 1903 the City acquired the- facilities of the Ithaca Water and' Light Company. Within just a few years, it began construction of the Sixty Foot Dam. The dam and reservoir were completed and began supplying water late in 1911. (See Map #6.) Since it is the geographic, social, economic and governmental center of Tompkins County, the City of Ithaca (and, therefore, its water supply) is used by far more people than just City residents. Because the Town of Ithaca surrounds the City we often find our affairs intermingling and influencing one another. The quality and availability of water in the one municipality does effect the other. Town residents who go into the City for work, recreation, and dining, ' and whose children attend schools within City limits, use water from the City reservoir on Six-Mile Creek. -6- In addition, although the City is not a .member of the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point), it supplies Six-Mile Creek water to those portions of the Bolton Point water system that serve Town homes and Tompkins Community Hospital on West Hill, in Renwick Heights, and along East Shore Drive, and those portions of the Inlet Valley served by public water (Map #2). The Town of Ithaca, in its role of safeguarding the health of its citizens, needs to ensure that the water in the Six-Mile Creek Sixty-foot reservoir is protected from undesirable impacts of development in the Six-Mile Creek Valley and the concomitant attendant human activity in and around the Gorge. At the inception of ther Bolton Point water system in the 1970s, the City of Ithaca was invited to participate in the new consortium, but decided to continue ,with its own, independent system using water from the Six-M.ile Creek reservoir. However, the City of Ithaca water supply system and Bolton Point are interconnected, and each system can supply the other should the need arise. Although City membership in Bolton Point may have benefits attractive to both sides, with time's perspective we can see that having a diversity of interconnected systems that can be relied upon to ease maintenance, or in the event of an emergency, benefits everyone. It is advantageous for all citizens who use municipal water to ensure this backup supply for as long as the City deems Six-Mile Creek a viable water supply source. 3. Land Use Land use in .the Six-Mile Creek Valley is a mixture of residential, agricultural, and limited institutional and industrial uses (Map #3). Development within the Valley has occurred for the most part on the north side, along and above Slaterville Road (NYS Route 79). This development is in the form of low- and medium-density residential, including single-family detached units, duplexes, and attached dwelling units. On the southern side of the Valley development for the most. part. has been limited to low-density rural residential along Coddington Road. Substantial low- and medium-density residential development, however, does intrude into the Valley in the area between the City line and Northview Road. Also on the south side of the Creek, immediately adjacent to the City, is Therm, y Incorporated, a local high-technology industry. -7 - - i The land immediately adjacent to the Creek on both sides -- except for a very short section -- is owned by the City of Ithaca and is part; of its watershed area. This area covers approximately 590 acres and! provides a predominantly woodland buffer strip ranging between 400 and 1,000 feet wide on either side of the Creek and the two ., reservoirs located within the watershed- area (Map #4). 4. Human Imprint a) Recreational Use Through the Years People have used the Six-Mile Valley for recreation since the .early 1800s. In the early days a favorite trip was .from Aurora Street up the Gorge to what is now Burns Road. Upon reaching Burns, a left turn and a short tramp up the hill brought the hiker to an inn on what; is now Route 79, where a meal could be had and a buggy rented for the ride back to Ithaca. Generations of Ithaca children have grown up playing in the Gorge -- dangerous but fun. Today the Six-Mile Creek Gorge is probably more heavily used for recreational purposes than at any other time. ' Ithaca has grown, and one facet of that growth has been residential development, spreading southeast along Slaterville and Coddington roads. The Gorge is now situated between the suburban neighborhoods on South Hill and East Hill, and easily accessible to thousands of people from ✓ Hudson, Giles, East State and Cornell Streets. The Van Natta entrance is only four blocks from downtown. Residents use the Valley primarily for passive recreational pursuits: walking, birding, jogging, hiking, dog exercising, fishing, sunbathing,; painting, photographing, drawing, and simple viewing of the wildflowers and scenery. Because of Six-Mile Creek's status as a public water supply, state health regulations rule out swimming. Below the water supply, improvements and safety features that a public swimming facility would require (life guards, rescue equipment, rest rooms, a road for emergency vehicles, etc.) would ' destroy the beauty and 'quietness of the reservoir areas. But despite' the best efforts of the City and State police and the City's Gorge Ranger, illicit swimming continues and causes a number of non- .. water problems, most notably parking along Route 79 at the service ' road to the Sixty-foot Dam. -Q - lJ Six-Mile Creek and its Gorge are also educational assets to the community. The location of the Gorge and its complexity make it a fine outdoor classroom for school children and Cornell students. Its many and varied natural features and conditions -- terrain, flora, fauna, climatic conditions, habitats -- provide .an ideal outdoor laboratory for research. In 1984, the City of Ithaca Six-Mile Creek Study Commission published a report entitled "People and Preservation' which recommended two concurrent uses for the Gorge (aside from the overriding one of the City water supply at the upper reservoir): (1) the Wildflower Preserve, and. (2) a place for passive recreation. The Ithaca Common Council endorsed this concept and appointed the Six- Mile Creek Overseer Committee to oversee implementation of the report's recommendations as adopted. Under this arrangement the City of Ithaca Department of. Public Works and Circle Greenway (a committee of City and Town citizens charged with the development and maintenance of the Circle Greenway path system) have certain maintenance, monitoring, and educational responsibilities within those areas of the Valley and Gorge under City ownership. This plan has worked very well and was further strengthened when a City Gorge Ranger was appointed to patrol the area during the summer months. The general plan is to have walking paths from Van Natta's Dam to the Thirty-foot dam area with scheduled litter pick-up and path maintenance. Upstream from the Thirty-foot dam the paths become rougher hiking trails. The area around and upstream of the Sixty-foot dam reservoir is, due to New York State watershed regulations, off limits to the public. Passive recreation can be carried out with great enjoyment in this beautiful natural setting. It is generally agreed that. this naturalness should be retained. The Gorge should not become a park. b) Agricultural Use At one time agriculture was the predominant human activity in the Six-Mile Creek Valley. Cropland and pastureland extended from the upper slopes of the Valley down almost to .the Creek itself. Many places in the Valley which are now woodland, or rapidly becoming so, were actively farmed as late as the early 1950s. -9- i Today agricultural activity in the Valley 'within the Town of Ithaca is limited to a vineyard on the north side, and a farm in the far southeastern corner of the- Town, off Coddington Road. Although there is relatively little agriculture in the Valley at this time, h pesticides, soil erosion, and nutrient loading from fertilizers and livestock wastes are potential dangers to the water quality of the r Creek and must not be dismissed as unimportant. c) Housing Historically, housing has not impinged greatly upon Six-Mile Creek Gorge; single-family houses were sited along Route 79 or Coddington Road with deep rear yards or fields as buffers between them and the Gorge rim. An exception to this is the recent Commonland Community, portions of which are built close to the rim of the Gorge. Some units of the project are visible from within the Wildflower Preserve itself. In addition to Commonland, a single house recently built in the City below Crescent Place between the old railroad bed and Van Natta's Pond impinges on the Gorge. The intrusion of residential development into Six-Mile Creek Gorge has been relatively limited to date, but the potential for future homebuilding activity exists in several locations on the edge of or within the Gorge itself. Several houselots exist in the City and Town on the south side of the Creek, between the lower railroad grade and the Creek itself. As mentioned above, one home has been built in this area in the past year. In addition to the intrusion into the Gorge caused by homes on these lots, development of them would require driveways that would cut across the Town's proposed South Hill Recreation Way; these driveways would-- create potential safety hazards to recreationway users, and reduce its recreational value. Also of concern are several larger tracts of land on both sides of the Creek in close proximity to the Gorge, which could be subdivided and converted to new residential areas. Residential development carries with it a number of adverse impacts on the Gorge environment and the Creek. More people living around it has meant increased recreational use of the Gorge, with an attendant increase in "wear and tear" on the Gorge environment. New, houses and roads increase stormwater runoff from the land. This runoff dumps urban pollutants such as detergent-filled waste water, ' lawn pesticides, road oils and heavy metals, and wintertime road -10- salt and grit into streams running into the Gorge. Soil, erosion may also have significant adverse.impact on the Creek and Gorge. In addition, a very real problem with residential development in close proximity to the Six-Mile Creek Gorge is the possibility of garden plants migrating down into the Wildflower Preserve. The potential introduction of non-native species into this area could greatly damage its value as a research and recreational resource to the community as well as change fauna patterns. d) Industrial Use Therm, Inc. is presently the only active industrial plant in the vicinity of Six-Mile Creek Gorge. Located on the south side of the Valley, just outside the City limits in the Town of Ithaca, the company employs approximately 400 persons. It manufactures precision components for turbine machinery. Therm, Inc. presently owns approximately 35 acres of land, of which an estimated 10 acres are covered by plant buildings and parking areas. The remaining lands owned by the company are undeveloped brush and new- forest growth. They are located between the plant complex and Six=Mile Creek Gorge, and serve as a buffer. Therm, Inc. owns the former DL&W railroad right-of-way entrance into the Gorge from Hudson Street and -has been cooperative in permitting public use of the railroad bed for walking. Most recently it has granted the Town. of Ithaca an easement to allow the Town to build a portion of the South Hill Recreation Way on the lower right- of-way. Within the City's watershed lands, hydropower development. has been proposed at the Van Natta's Dam within the City, and at the Sixty- foot dam at the Upper Reservoir in the Town. The City of Ithaca has relinquished , its licenses for both these locations for it is not expected that outside developers will be interested. Van Natta's has .too low a head for economical power production, and- Sixty-foot dam development would be expensive to build and would cause extensive environmental damage. e) Commercial Use There is no commercial development in the Six-Mile Creek Valley' Y itself in the Town of Ithaca. East Hill Plaza at the corners of Judd Falls, Ellis Hollow, and Pine Tree Roads, however, has a bearing on Six-Mile Creek because a tributary arises next to the Plaza along -11 - Mitchell Street and Ellis Hollow Road. This stream receives the stormwater runoff from the plaza and all the surrounding commercial activities in the area, and empties into Van Natta's Pond; just upstream from the Giles Street bridge. Stormwater runoff and R other impacts from additional development, in the East Hill Plaza area could thus have a potential negative impact on Six-Mile Creek. G f) Roads Route 79, Burns Road, and Coddington Road in the Town, and Giles Street and Hudson Street in -the City, all provide access points into ; the Gorge. Some paths from these points are legal, others are old- time neighborhood trails that network into the Gorge. Parking at these points is generally a problem, except for the designated Van Natta Pond parking area off Giles Street maintained by the city. 5. Existing Protective Measures Several mechanisms to control land use and protect the unique character of Six-Mile Creek and its surroundings are already in place. These measures, however, may not afford adequate protection. The portion of the Valley within the bounds of the City Watershed area was listed by Tompkins County as a Unique Natural Area in 1975. This designation, while providing no formal regulatory protection to the Creek and adjacent areas of the Valley, j does call attention to its importance as an environmental and community asset. Portions of the Gorge itself downstream of the Burns Road bridge are formally designated as the Elizabeth Mulholland Wildflower Preserve and protected by the City of Ithaca from undue human intervention. i ,The Town of Ithaca has since 1954 regulated land use in the Valley and the rest of the Town through zoning. The Town also has in place subdivision regulations and an environmental review process mandated by the State Environmental Quality Review Act (SEQR). j Under existing zoning regulations almost all of the land in the Valley; within the Town of Ithaca is zoned. for residential use. Maximum zoning densities range from approximately 0.8 dwelling units per acre in the R-30 Residence District (without public- water and sewer; service), to approximately 7.3 dwellings per acre in the R-9 t Residence District in the Pennsylvania/Kendall Avenue area. -12- The Town's subdivision regulations can provide some protection above and beyond those provided by zoning through the provisions within them that permit "cluster subdivision" design. The cluster development concept can be an effective means of protecting natural features and open spaces. Under cluster, higher-density development occurs on certain less-sensitive portions of a tract of land in exchange for preservation of natural features and open space elsewhere on the tract. Examples of cluster development in the Six- Mile Creek Valley and adjacent areas include Deer Run, Commonland Community, and Eastwood Commons. The State, Environmental Quality Review Act in itself does not contain regulations that directly protect any specific aspect ' of the environment. However, its requirement that local governments seriously assess the environmental implications of their decisions affords both officials and citizens the opportunity to identify and protect significant natural resources, sensitive habitats, endangered plant and animal species, or other aspects of the environment that may be impacted by such decisions: In this regard the law and the process by which it is implemented, when- used in conjunction with zoning, subdivision regulations, and other land-use regulations- can .be an _extremely useful mechanism for protecting environmentally sensitive areas. 6. .Topography Topography and water are the two elements that most define the character of the Valley, especially the portions adjacent to Six-Mile Creek itself. The Valley's topography shows the imprint of the continental glaciers that covered the Finger Lakes region during the last 'Ice Age. Glacial actions scooped -out and deepened the valley of the ancient Cayuga River, of which Six-Mile Creek was a tributary, to form Cayuga Lake and the Inlet Valley, and in the process left the mouth of Six-Mile Creek "hanging" several hundred feet above the the new lake and valley floor. Over the 10,000 to 15,000 years since the retreat of -the glaciers Six-Mile Creek has cut a gorge through the sandstone and shale bedrock from the Sixty-foot Dam to Aurora Street in downtown Ithaca. As Six-Mile Creek deepened and widened this gorge, tributaries cut deep .ravines and mini-gorges into the valley sides. -13 - i In addition to creating the conditions that resulted in the Six-Mile Creek. Gorge, the continental glaciers left moraines composed of unconsolidated rock, gravel, and earth throughout the valley floor. A number of pro-glacial ("in front of the glacier") Lakes, formed as the ice receded, also left their mark on the terrain. Where streams flowed into these lakes deltas were formed. Remnants .of a number of these deltas are scattered through the valley at the elevations where streams flowed into the pro-glacial lakes. As Six-Mile Creek and its tributary streams cut through these moraines and deltas they created a series of deep, steep-sided ravines. This terrain that dominates the inner core of the Six-Mile Creek Valley severely limits the potential for environmentally sound development in that area. ! Map #5 .identifies areas within the Six-Mile Creek Valley where constraints to development exist to one degree or another. Land has been divided into one of four categories of development constraints; these categories are based on soil types as mapped in the it Survey for Tompkins County, New York (USDA, 1961). The proposed development restrictions are based on soil characteristics such as permeability, tendency to erode, depth to water table, and steepness.!I.. The four categories shown on map #5 are: a. Slight to no restrictive qualities. This land is suitable for development purposes from a soils and slope standpoint Soils in these areas are generally well drained or moderately well drained sands and gravels, or coarse silts and loam. They are generally classed as gently sloping to sloping, with grades ranging from 0% to 10%, with slopes up to 15 possible for some of the soils types in this category. The land in close proximity to Six-Mile, Creek Gorge has no areas in .this category. b. Moderate restrictions. The development suitability of this land is limited by poor suitability of the soils for on-lot septic systems, seasonally high water tables and related drainage problems, and erodibility. Soils in these areas tend to be moderately well drained to poorly drained soils. They are comprised of heavy silts and clays, very fine, wet sands, and glacial till. They are generally classed as sloping to gently sloping,. with grades of 0% to 10%, although in some places some; 'soils have slopes -as high as 15% to 20%. c. Severe restrictions. Development potential is limited by the poor suitability for onlot septic systems and high water and drainage problems listed above under "moderate restrictions" 1 f -14- i category. Soils in these areas are generally somewhat poorly drained silts, clays, and very fine sands. They are also marked by a greater tendency to erode, and by shallow depth to bedrock for some soils in this category. d. Development not recommended. These areas are marked by soils with a wide variety of restrictions on their usability. Some soils in these areas are subject to ponding and flooding, slow permeability, high water tables (hydric soils fall into this category). Others have moderately steep to steep slopes in excess of 25%. Some soils in these areas are moderately well drained material, but are marked 'by the presence of bedrock at the surface or within 24 inches of it. While steep slopes pose major constraints to environmentally sound development in areas close to Six-Mile Creek and its tributaries, such slopes account for a relatively small portion of the areas of the valley that fall into the "severe restrictions" or "development not recommended" categories on Map #5. Many areas of the valley are covered with soils which, are poorly suited 'to on-lot sewage disposal systems. This is due to slow permeability, high water table, shallow depth to bedrock, or' a combination of the three. Maps #5a and 5b better distinguish between areas of the valley which are • unsuitable for development because of steep slopes (Map #5a) and areas which have soils which may not be suitable for onlot sewage • disposal systems (Map #5b). Maps #5, 5a, and 5b are intended to serve as guides in identifying areas of the Six-Mile Creek Valley where development proposals may be acceptable but must be carefully reviewed for potential adverse environmental impacts, or where extensive development for human use is highly likely to create significant adverse environmental impacts. 7. Hydrology Existing water features within the Six-Mile Creek Valley are shown on Map #6. Included are streams, lakes, and ponds; a number of groundwater aquifers mapped as part of the Upstate New York Groundwater Management Program; and floodplains as identified on the Department of Housing and Urban Development Flood Insurance Rate Map (FIRM). -15- i Just east of Burns Road is the westernmost point of a groundwater aquifer which extends eastward beyond Slaterville and southeastward towards Wilseyville. Groundwater aquifers, according to the Upstate New York Groundwater Management Program; ' Summary report, are underground geologic formations that "can yield', significant amounts of water to a well or spring". The best aquifers t tend to occur in areas of coarse sands and gravels that easily store and transmit water. Areas where clay and glacial till predominate tend to .be of limited value as aquifers. Groundwater is an extremely important and extremely vulnerable natural resource. Groundwater is the source of drinking water-for many residents in the greater Six-Mile Creek Valley area, especially in the Town of Caroline and Town -of Dryden. Once polluted, it is nearly impossible to restore to safe levels of purity. For the most part groundwater in upstate New York has remained clear and abundant. However across the state there have been a number of incidents of contamination of groundwater aquifers by hazardous substances; contaminants, including nitrates, herbicides, and pesticides are beginning to appear in groundwater supplies. I Protection of the aquifer in the Six-Mile Creek Valley is a very important concern of the Conservation Advisory Council. Degradation of its water quality may have adverse consequences for the quality of Six-Mile Creek water and ultimately for the water supply of the City of Ithaca and portions of the Town of Ithaca. Steps should be taken by the Town to ensure to the extent practicable the continued good quality of the groundwater aquifer in the Valley. Streams designated as "protected". by the New York State Department of Environmental Conservation are also identified on the map. 8. Woodland Much of the Six-Mile Creek Valley is woodland or brush-covered old farm fields that are in the process of reverting to woodland. Both the woodland and brush areas provide important cover and habitat for wildlife in the Valley. They are an integral part of the character of the Valley, and any efforts to preserve the Valley for future generations must include measures to protect the woodland resources of the Valley, too. i - 16- Map #7 identifies existing woodland and brush-covered areas within the Six-Mile Creek Valley. The information on the map is taken from the CLEARS Land Use/Land Cover map of the Town of Ithaca. Woodland for the purpose of this study includes natural and y plantation stands of tree cover with a canopy height of thirty feet or more. Brush-covered areas are defined by a predominance of shrubs and immature trees less than thirty feet in height. -17- CRITICAL ISSUES 1. Natural Balance William Cowper said, "Variety's the very spice of Fife." Variety gives ` zest and brings interest to our lives. It breaks the monotony. Surrounding oneself with variety can bring challenges that foster spontaneity and creativity. Variety should be encouraged for all that it brings to life. One of the striking aspects of the Six-Mile Creek Valley is the wide variety of natural features that it holds within its bounds. From meadows and woods, to vertical gorge walls, from flora to fauna, from still reservoirs to rushing waterfalls, the Valley nurtures a wealth of natural treasures. But unlike their human neigobors who can live quite well on small parcels of land, most of nature's creatures need large, undisturbed tracts to thrive. There are several things that could upset the natural balance within the Valley. Chief among these would be the breaking up of existing open expanses and wildlife linkages into individual homelots and disturbing the land during the process of building houses, roads, ` water and sewer lines, and other infrastructure. Damage to fragile plants during development needs to be minimized. Another threat to the plant life in the Valley is the theft of sought-after rare species. Native animals need the assurance of safety and quietude in order to thrive. The best ways of retaining such an atmosphere are to prevent overuse of the area by humans and to limit such use to be relatively non-intrusive. On a global scale, we are beginning- to see both the value of diversity of life and the imminent threat to that diversity. New medicines and products as well as the balance of intertwined species all depend on diversity that, once lost, is usually gone forever. We are currently losing an estimated three species per day, projected to escalate to an appalling twenty-five species per day by the end of the decade. At this rate, it is estimated that one-fifth of all species on Earth will become extinct by the year 2000. The major cause of extinction is the loss of habitat. The Six-Mile Creek Valley supports such a wide variety of organisms - that it becomes an obvious choice for protection as we look to -18- ensure the future quality .of life in the Town of Ithaca and on Planet Earth. 2. Water Supply Key ,factors to be considered when taking protective measures in and around Six-Mile Creek are keeping or improving the water quality of the City of Ithaca's reservoir and how this waterway contributes to the supply for much of the Town of Ithaca's drinking water from Cayuga Lake. With agricultural and developmental pressures upsetting natural balances it is imperative that steps be taken to ensure the future quality of the water from one of the region's major watersheds. There are several things that we hope to rectify or to prevent .by looking at the Town's land use policy in the Six-Mile Creek Valley. These fall into two main categories of concern for protecting the water quality: cultural eutrophication and activities of negligence and abuse. Quite often the two overlap. Cultural eutrophication is the accelerated aging process and filling in of a body of water brought about by human activities. Key to the cultural eutrophication process is nutrient loading of th.e water, which stimulates aquatic plant growth. As plant life flourishes and subsequently decomposes, the level of oxygen in the water is lowered or depleted. Fish die from oxygen deprivation, and their bodies in turn add to the nutrient supply and further deplete the oxygen supply. The accumulated organic material that results from this process eventually fills in the body of water. Main sources of nutrient loading- are barnyard runoff, runoff from fields and lawns treated with fertilizers, and inadequate sewage systems. Human activity also accelerates erosion as a result of farming, excavation, road-ditch. cleaning, and unchecked foot traffic. Nutrient loading and erosion are of concern when considering protective measures for the Valley. Activities of negligence and abuse are activities that upset delicate natural balances and/or introduce harmful substances to the water. Pesticide runoff from lawns, gardens, and farms continues to do its work in the waterways. Failing septic systems, in addition to contributing to the eutrophication process, also lead to diseases Q entering the water system. Human negligence also brings litter, - 19- I improper disposal of toxic material, and other acts that abuse. and upset the delicate ecosystem of a watershed. i There are many threats to the water quality of Six-Mile Creek as well as to all the watersheds that feed Cayuga Lake. There are also many reasons for hope for the future if the water sources of the . place we are privileged to call home remain top quality. Concerned citizens and wise government working together can bring about good land-use policies to ensure the health of .all. 3. Human Uses The Valley is used by people in many different ways. The natural setting -- with the quality and diversity of experiences (see 11.4.a), -- that is so easily accessible is a rare pleasure in an urban area. How much poorer would New York City be without Central Park? Or London without Kew Gardens? As we enter the twenty-first century we will need natural areas preserved so that people can retreat from the daily stresses of living. In order to retain the Six Mile Creek Valley setting that brings calm to ,the visitor, it is imperative that development, abuse, and over use not encroach into the Gorge. i It is only with great foresight on the part of municipal planners that special places are reserved for future generations to enjoy. I, , o -20- i RECOMMENDATIONS 1. Intermunicipal Liaison Since there is further work to be done in refining the intermunicipal needs and management of the area surrounding Six-Mile Creek, the Conservation Advisory Council (CAC) recommends that the Planning Board and Town Board recognize the Parks, Open Space and Stream Corridors Committee of the CAC as the official liaison with the City of Ithaca and/or other communities on matters concerning Six-Mile Creek and its watershed. 2. Protective Measures a) City of Ithaca The City of Ithaca has allocated $200,000 for land acquisition in the Six-Mile Creek corridor for the purposes of protecting water quality in the Upper (Sixty-foot) and Lower (Thirty-foot) Reservoirs and Van Natta's pond, protecting Six-Mile Gorge as a Unique Natural Area, and for land to be substituted for parcels to be alienated for Route 96 improvements or other purposes. In view of these goals, the CAC recommends that: 1 ) in pursuing land acquisition in the Six-Mile Creek Valley,.the City approach the landholders of parcels that have been identified as being critical to the protection of the City watershed area. 2) the Town be kept informed by the City of all contacts between the City and Town landholders concerning land acquisition and/or the purchase or transfer of development rights. 3) the City only pursue land deals with will Town landholders. 4) the Town be involved in a cooperative effort to draft land-use restrictions at the time of any transfer of property within Town lines to the City to help ensure permanent retention of the land as a nature preserve and watershed-protection area. 5) the City, Town, and adjacent municipalities continue to work j in concert to preserve the Six-Mile Creek Valley and its assets. 6) any parkland acquired and developed by the City in the Valley shall be limited to passive, low-impact uses such as those presently described and allowed in the 1984 City report, "People and Preservation." -21 - i b) Town of Ithaca The CAC recommends that the Town Board create a mechanism through which the Town of Ithaca can solicit or accept voluntary conservation easements from landowners in the Six-Mile Creek Valley. A conservation easement is a voluntary agreement under which a private landowner gives up a portion of the bundle of rights inherent in fee simple ownership of land. In the case of a conservation easement the landowner would give up the right to subdivide or to use the land for .purposes other than a few limited uses. Such an easement could be either. temporary - some run for 10, 25, or 50 years -- or permanent. Conservation easements as a method of preserving agriculture and open-space resources are being used with increased frequency by government and private organizations throughout the United States. In New York there are active easement-acquisition programs run by Suffolk County (begun in 1976) and the Town of Southampton (Suffolk County) and Town of Perrinton (Monroe County). In addition to a program of accepting .conservation easements from donors, the CAC recommends that the Town of Ithaca work with the Tompkins County Assessment Department to ensure that the assessed value of lands under easements reflects their reduced potential for development. The CAC recommends that the Town Board create a fund for the preservation of important natural areas via acquisition. As the Town, works to complete its Open Space Index, the Six-Mile Creek Valley may be an area to target for purchase along with other important natural areas of the Town. 3. Agriculture Since there is still some active farming in the Six-Mile Creek corridor within the Town of Ithaca; since the problems of agricultural runoff contribute to the eutrophication of all area. streams, ponds, and eventually Cayuga Lake; and since in the recent survey of the Town of Ithaca's farmers two-thirds showed an interest in learning more about sustainable agricultural methods, the CAC recommends that in an effort to keep the area's water clean the City, Town, County,and Cornell University sponsor periodic! -22- workshops for all farmers in Tompkins County on ways of reducing loss of topsoil, reducing use of fertilizers and pesticides, and controlling barnyard runoff. The CAC further recommends that farming in this corridor be done in strict accordance with conservation 'plans .developed by the U.S. Soil Conservation Service: An average soil loss of no more than one and a half tons (1 cubic yard) per acre per year should be aimed for. The CAC also recommends that zoning regulations ensure that no feedlots, barnyards, or chemically maintained orchards and vineyards within 250 feet of streams be allowed. 4. Public Infrastructure a. Sewer The CAC recognizes the need for improving the sewage treatment along Coddington Road since many of the current septic systems are failing due to soils that are inappropriate for septic leach fields. However, a sewer line may not be. economically .feasible with the reduced potential housing densities for. the area as recommended in this report. An existing sewer line may also encourage unwise development in the Coddington Road area of the- Valley* in the future. Therefore, the CAC recommends that the Town investigate alternatives to a sewer line that remedy the ,problems on a scale and at a price that reflects the population potential of the area to be served. b. Roads The need' for improving the Burns Road/Coddington Road intersection as well as visibility and banking at the curve in Burns road between Coddington Road and Six-Mile Creek is also recognized. c. General approach Due to the presence of the City's water reservoir, the instability of the land, and the number of rare plants .in the area, the CAC recommends that: 1 ) During any land-use planning in the Six-Mile Creek Valley, Town officials and staff, strictly adhere to land-use policies as set forth in this proposal. The availability of utilities must not be the driving. force. for how this area is developed. 2) At all phases of planning for and implementation of utility services the Town Engineer and work crews be aware of any -23- i adverse environmental affects and make .all .attempts to reduce them. 3) The CAC and the City's Six-Mile Creek Overseer Committee be given ample notification of construction plans in the Six-Mile Creek Valley in order to have the opportunity to move fragile and rare plants. This should.preferably be done in the spring or fall, which are the best times of the year for transplanting. Any transplantation of wild plants needs to be done under professional horticultural supervision. t 5. Public Access The CAC recommends that the South Hill Recreation Way be monitored for problems that could adversely impact the Valley such as trail erosion, trespassing, or destruction of plants. Steps that may need to be implemented include: 1 ) Additional posting of the area for no trespassing around the Sixty-foot reservoir. 2) Signage indicating appropriate use of the area, 'and barriers to bicycles and other vehicles. 3) Other educational tactics to inform the public and, specifically, users of the area of its significance and appropriate uses i thereof. 4) Creation of a wilderness trail from the Coddington Road Recreation Way onto the land below to better direct trail users and reduce creation of small paths. If a need for such a trail becomes apparent, it should be created as a joint City/Town project with input from the City's watershed manager, the Six- Mile Creek Overseer Committee, and Circle Greenway. f i 6. Zoning and Land Use a) Conservation District The .CAC recommends the establishment of a new zoning district in the Town of Ithaca, called "Conservation District". The purpose of such a district would be several-fold: 1 . To protect environmentally sensitive areas and contiguous areas of open space and woodland within the Town of Ithaca by substantially reducing development densities; -24- 2. To preserve the rural character of the outlying areas of the Town of Ithaca and, to help protect agricultural lands from encroaching development; 3. To ensure optimal use of existing public infrastructure, especially water and sewer facilities, and to limit demand for future expansion of such facilities by directing substantial development to .areas of the Town of Ithaca where such facilities are already in place; 4. To enhance the feasibility of mass transportation and other non-automobile transportation options, and to limit development in some peripheral areas of the Town of. Ithaca where distances at present seem to require the use of private automobiles. This is an especially important concern with regard to. Six-Mile Creek Valley, given the nature of Coddington Road and other streets leading downtown, and the lack of alternative .alignments or setbacks, which would allow improvements to those streets. Proposed language for a conservation district is attached as Appendix A. Permitted uses in the district are limited to low- density residential development, agriculture, and accessory uses, with limits; e.g., offices of a resident professional, customary home occupations, day-care facilities, and wildlife-rehabilitation operations are allowed. Many of the more intense land uses allowed in the existing residence districts in the Town, such as churches, playgrounds, educational facilities, and public buildings, are not allowed in the proposed conservation district. The CAC specifically recommends that the Conservation District apply to the Six-Mile Creek Valley. Map #8 shows the areas of the Six-Mile Creek Valley proposed for inclusion in a new Conservation District. Criteria for inclusion in the district include: 1 ). Proximity to Six-Mile Creek and the City reservoirs, and . to streams feeding into, the Creek and reservoirs; 2) Parcel size greater than the seven acres minimum lot size; 3) Presence of "severe" or "development not recommended" constraints as shown..on Map #5; 4) Lack of public water or sewer service. Residential densities in the proposed district are greatly reduced from those possible in the Residence District R-30, which is the predominant zoning currently in force in the Six-Mile Creek Valley. The maximum number of dwelling units possible under R-30 zoning -25- f density is approximately 2.3 dwelling units per acre. With the Conservation District's proposed seven-acre lot size, the maximum F number of dwellings per acre drops to approximately .28 units. Overall the proposed Conservation District reduces the maximum j development potential in the area proposed for inclusion in the zone (excluding City-owned watershed lands) from up to 1 ,500 dwelling units to approximately 185 dwelling units. This may appear to be a drastic reduction .in land-use density. However, the CAC believes this type of action is necessary in order to adequately preserve the open space resources and rural character of the Valley. The lower density will ultimately reduce the need for future improvements to local roads to handle increased traffic and reduce the need to extend water and sewer service farther east along Coddington Road toward the Town of Danby. The CAC recommends that for areas covered by this proposed j Conservation District the Planning Board waive or change the requirement that a developer dedicate up to ten percent of the gross f lot area to the Town for public park and open-space usage. ( The- ratio nale for this recommendation is twofold: . { 1 ) The reduced population density and open space preserved as a j result of the seven-acre minimum lot size reduces the need .for public park and open space; 2) Many areas of the Valley, especially areas in close proximity to the Creek and Gorge, should not be subject to the intense use that may result from the establishment of a public park. b) Critical Environmental Area The CAC recommends that the Town of Ithaca immediately j designate the proposed Buffer Zone a Critical Environmental Area (CEA) per the authority granted it under the New York State Environmental Quality Review Act. The intent of Critical Environmental area designation would be to protect the unique natural attractions of the inner. portions of the Valley and the City's water supply reservoirs by automatically making "Unlisted" discretionary actions by Town boards or agencies under SEQR "Type 1" actions and subjecting them to more intense environmental scrutiny. This added measure of protection is justified because the allowed residential development densities under the proposed Conservation District also mean that the number lots an 0 f I in potential y -26- i i subdivision would fall well below the current threshold for "Type 1" SEAR actions of ten lots, and would thus fall into the "Unlisted" category of SEQR actions. With CEA status for this area the Planning Board_ will have for its 'deliberations a more complete body of information and environmental assessment than that afforded by -the Short Environmental Assessment Form required for "Unlisted" actions. The Zoning Board of Appeals (ZBA), too, would benefit from CEA designation of the area, as many of its actions concerning variances fall into the "Unlisted" action category. Both CEA designation the ZBA would have the benefit of more information concerning potential environmental impacts 'of a proposed project. To be designated a CEA an area must have "an exceptional or unique character" [6 NYCRR Part 617.4(h)(1)] covering one or more of the following: 1) a benefit to human health; 2) a natural .setting; 3) social, cultural, historical, archaeological, -recreational, or educational value; or 4) an inherent ecological, geological, or hydrological sensitivity to change that may be adversely affected by any change. The areas of the Valley proposed for designation as a Critical Environmental Area in one way or another meet all four of the above criteria. A benefit to the public health would result form the additional protection afforded the City of Ithaca's water supply; the area- represents a unique natural area; there are are certainly social, recreational, and educational' asset to the community to be. found here; and the Valley has demonstrated ecological and hydrological sensitivity to change. Designation is thus an appropriate and defensible protective measure which the Town of Ithaca could implement to better protect the Six-Mile Creek Valley. c) Buffer Zone The CAC recommends that the Town Planning Board designate a "buffer" zone. within 'portions of the Six-Mile Creek Valley in the Town of Ithaca, and adopt a policy of not approving developments within the designated area. The intent of such a zone would be to protect the unique natural attractions of the Gorge and the City Water supply reservoirs in the Gorge by excluding development in close proximity to the area. The CAC recognizes the inherent right of landowners to gain a reasonable economic return from their property; however, we believe that the fragility of the Gorge and the -27- i I importance of the public water-supply function it serves require i that development not be allowed in specific areas of the Valley. The primary method of ensuring this proposed buffer zone would be i via the Town of Ithaca Subdivision Regulations.-. With the authority granted it by the Subdivision Regulations the Town of Ithaca Planning Board should establish a policy of mandating cluster development for any subdivision proposed that encroaches on designated buffer areas. The cluster concept would be used to transfer the density allowed under the Town of Ithaca Zoning Ordinance from the buffer zone to portions of the parcel outside the zone. I . The recommended buffer zone area is shown on Map #9. The criteria used to determine the boundaries include: I 1 ) Proximity to the Creek and reservoirs and to the route of the South Hill Recreation Way; 2) Areas on Map #5 that fall into the "development not recommended" category due to development constraints; and 3) The need to allow property owners some use of their land. This last concern is important, as there are a number of parcels of land which we believe should not be open to development. Unfortunately they lie in their entirety within what otherwise would be buffer area.' The Town could not legally prohibit development without justly compensating the owners for their land. The CAC at this time cannot recommend acquisition of these parcels. ' On the south side of the Creek between the City limits and Burns Road the buffer zone is for the most part defined by a line 200 feet uphill of the upper and lower railroad grades. This recommended line was established because it encompasses both sensitive areas proximate to the Creek and reservoirs, and streams flowing into' them. It also provides a buffer for the South Hill Recreation Way from development uphill from it, and protects it from possible future public roads cutting across it. Places where steep ravines extend above the railroad beds are also covered by the. Buffer Zone. East of Burns Road.the boundary of the proposed buffer zone generally follows the boundary of the "development not recommended" or "s eve re"restrictions boundaries as delineated on Map #5. Since the South Hill Recreation Way is not projected to extend beyond Burns Road, it does not appear necessary to protect _ the old railroad right-of-way with a 200 foot buffer. Also there is -2 -8 � I at least one parcel that would fall completely within any buffer zone which encompassed all the land east of Burns Road between the old railroad right-of-way and the Creek.' On the north side of the Creek the buffer zone boundary follows = the rear -lot- lines of lots fronting Slaterville Road between the Town/City line and Pine Tree Road. Exceptions to this are several lots west of the Commonland Community- which, if the buffer zone extended all the way up the hill to the rear lot lines of lots fronting the road, would be completely within the zone. East of the City watershed lands fronting on Slaterville Road the boundary of the Buffer Zone for the most part follows the location .either of the Town sewer main which parallels the highway as far as Burns Road, or of the rear property lines of lots. d) Soil. Erosion. and Drainage Ordinance The CAC recommends that the Town of Ithaca adopt a soil and erosion and drainage ordinance. 'It should be noted that there are other reasons to preserve the old railroad right-of-way, but they fall outside the purview of the Parks, Natural Areas, and Stream Corridors Committee. -29- APPENDIX A Proposed Conservation District The following proposal is referenced in this document. J PROPOSED CONSERVATION DISTRICTI PURPOSE The purpose of the Conservation District is to: protect environmentally sensitive areas within the Town, preserve existing areas of contiguous open space, prevent unnecessary destruction of woodland areas, preserve existing and potential agricultural land, and prevent undesirable development densities or inappropriate land uses in some rural areas of the Town. It seeks to economize the use of public water and sewer infrastructure and limit future expansion of such facilities by directing substantial development to areas where such facilities already exist. In addition it seeks to limit congestion on local streets and .roads and to enhance the feasibility of mass transportation options by limiting development in some peripheral areas of the Town of Ithaca where distances mandate dependence on the. automobile. PERMITTED USES The permitted uses in the Conservation District shall be: 1 . - A one-family dwelling. A one-family dwelling may be occupied by not more than a. One family, or b. One family plus no more than one boarder, roomer, lodger, or other occupant. 2. A two-family dwelling, provided that the second dwelling unit shall not exceed 50% of the floor area excluding the basement of the primary dwelling unit except where the { 1 Note: Some sections are taken in whole or in part from existing sections of the Town Zoning Ordinance. This has been done to ensure that Conservation District regulations conform with the rest of the current ordinance. I r 4 second dwelling unit is constructed entirely within the basement area, it may exceed 50%. 2a. A two-family dwelling shall be occupied by not more than 4 two families, and each dwelling unit in a two-family dwelling shall be occupied by not more than one family. E i 3. Any lawful agricultural use, including a -roadside stand or j other structure for the display and sale of produce and other goods produced in the ongoing operations of the farm as a seasonal convenience to the owner or owners of the land. Any such stand shall have a floor area not exceeding , 300 square feet and be located a minimum of thirty (30)-i feet from the highway right of way line, in such a manner as to permit safe access and egress for automobiles, and f parking off the highway right of-way. E 4. In the Conservation District no non-agricultural building shall exceed thirty-four (34) feet in height from the lowest interior grade nor thirty (30) feet in height from lowest exterior grade and no other non-agricultural structure shall be erected or extended to exceed 30 feet in height. 5. Silviculture and other forest resource uses including the harvesting of timber in conformance with environmentally sound forestry practices. i PERMITTED ACCESSORY USES l I 1 . Accessory buildings customarily incidental to the above permitted uses. 2. Office of resident musician, engineer, teacher, lawyer, architect, or member of other recognized profession and quasi-profession, except that of a doctor or dentist, where such- office is part of the residence building, provided that no additional persons not residing on the-premises may be employed therein. _ 3. Customary home occupation, such as home cooking, dressmaking, carpentry, electrical, and plumbing work or - I I. - Similar manual or mechanical trade; which does not involve the onsite disposal of, toxic substances or hazardous materials, and which is operated. solely by a resident of the dwelling, provided that no additional persons not residing on the premises may be employed therein and' that no goods or products are publicly " displayed or advertised for sale, that there be no outside storage, and that no noise, dust, disorder or objectionable odor is experienced beyond the immediate property where such use is conducted. The above mechanical trades are to be conducted in the basement of the dwelling or in a garage area not to exceed 625 square feet. i 4. Wildlife rehabilitation operation as .defined and regulated under. -6 NYCRR Part 184, provided that no noise, dust,' disorder, or objectionable odor is experienced beyond the immediate property where such use is conducted, and that no -more. than 3 additional persons not residing on the premises may be employed. 5. Day-care homes and group day-care facilities.2 ACCESSORY BUILDINGS In the Conservation District, any nonagricultural accessory buildings other than garages may not occupy any open space other than. the rear yard. ,The total lot area covered by nonagricultural accessory 'buildings may not occupy more than 1 ,000 square fe e eet of any required rear yard and shall be not less than 50 feet from any side or rear. lot line. Accessory building s .shall an no case exceed fifteen (15) feet in . height. YARD REGULATIONS In the Conservation District, yards- of at least the following dimensions are. required: 2Day,Care: Under the Zoning.Ordinance definition a "day care home" provides care for up to three children; a "group day care facility" is licensed by the state and provides care for up to eight children. -iii- i Front Yard - Not less than the average depth of the front yards ;. of buildings immediately adjacent. However the front yard shall not. be less than 50 feet or need it be greater than 75 feet. Rear Yard - Not less than 200 feet in depth. i Side Yard - Each not less than 50 feet. BUILDING COVERAGE, No nonagricultural building . or buildings on a lot, including f accessory buildings, shall be erected, altered, or. extended to I cover more than 4,000 square feet of the total lot area. Projections described in Section 66 are not to be included in computing the percentage of lot coverage. f' . f SIZE OF LOT 1 . Minimum lot area in the Conservation District for a single family dwelling shall be seven (7) acres; and I k = 2 Minimum lot area for two-family homes as provided for in Section (#2 under Permitted Uses, Section -# finalized upon passage and incorporation into Z.O.) shall be 10.50 f acres; and 3. Minimum .lot width at the street line shall be 300 feet; and 4. Minimum lot width at the maximum required front yard f setback line (75 feet) shall be 300 feet; and 5. Minimum lot depth from the highway right of way shall be 450 feet. I i 1 I OTHER RESTRICTIONS OR REQUIREMENTS The following uses and activities are specifically prohibited in the Conservation District: 1 . The discharge, land application or disposal of, or any form of underground injection of, any hazardous material3, toxic substance4, or radioactive material. 2. The disposal of toxic substances or hazardous materials by means of discharge into a septic system. 3. The open storage of pesticides, herbicides, fungicides and artificial fertilzers within one hundred (100.) feet linear distance of any watercourse carrying water six (6) months out of the year. 4. The use of septic system cleaners which contain toxic substances or hazardous materials. 5. The dumping or disposal of snow or ice .collected from roadways or parking lots into or VVIT"ir one hundred (100) linear feet distance of any watercourse carrying water six (6) months out of the year. 6. All pesticide, herbicide, fungicide, or chemical fertilizer applications shall be performed in accordance with the recommendations and label of the manufacturer. 7. All commercial applicators of pesticides, herbicides, fungicides, or chemical fertilizers shall be certified and licensed by the New York State. Department of Conservation. 3Hazardous Material: Any substance listed in either 6 NYCRR Part 371,40 CFR Part 261- 40 CPR Part 302, including but not limited to pathological or infectious wastes, radioactive substances, petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to - . 2.0, alkalies with a pH greater than or equal to 12.5, or any material alone or in combination exhibiting the characteristics of ignitability, volatility, corrosivity, reactivity, or EP toxicity. 4Toxic Substance: any compound or material which is or,may be harmful to human health as defined by Sect 4801 - Subdivision 2 of the new York State Public Health Law -v - APPENDIX B Maps The following are maps referenced in this document. 1 T Q. Q i g z z O � J LLJ cr— U a, Q J z L,J I z 0 W Q 0 1 Ll._ o O m z O C ' c . W W 0 0 0 0 W :r :s U cn LL- W O z � Wo Q �- U N X ............... .. ... ............. (� • � m o a. H �oa� _aw> zxz LL 14 O m ii Z�Z Z IJ • _ • • •. ; } 3ZU OFW H� I o- 1 ' H � r • mm oz W .......... Iss r 4 V }y y W ° o 0 M rC r KEG- �s'ta� •''rS: IP G7% / 0 0 0 a U 7 y W v r W V > U � ulaO U z �QU� U - W , ix 0-- cn _� Z Q v ZZ Li to 3Q Q J (D 2 N O a. N z � x � • CY) �•�• N 00 M c 4 Y W 3 U Q < 0 < Q jla IM LLI Z Z F d J cn W W N A o o F � _ 7 t -,A t Oy AP ® 10 0 ® a RES T / UpA �R 0 V S.: a . TgV CITY OWNED LAND OF IT SIX MILE CREEK and VICINITY , aaoFT. y 1821 CITY WATERSHED AREA soo Fr. 1,0o0 F7. C) Date: TOWN OF ITHACA Revised: SCALE °� o ry 8 8 gO. PLANNING DEPT. Scale: 126 E. SENECA ST. Sheet: ITHACA. N.Y. 14850 _OF_ 1 LO -.. I CL f • , . • •e '.1'�• ••••' •.• • • •• •7,.•` "]"tt • s • / •• f Ispf11 RD. • 't'• 'tom+,..r••-.y.• •••. • '.'.,' •• '� .'S• • Q • •• •••• •.:• •• ,• ,e a •"`:`f%, • •� a• •• • •• si g ' 1. 7777• . • . ohs • •. /.. - O• .• • • • tt. • ,: ry , • .• . • O • • •• a ,,4 r .�.. • W > �ZWZ • .. _1 �z d • ' • • • • ••• i Z z �, • , CA— Z n '� • z z w CD • t5 • • • .. • • • U VI �. W N U N U o 00 • • •�• • • w F o < v o •• • • • •• •:• • • z Z K .....-W N • d F w o CA • .. O s w 5 { • r r • • �4� ••� �10 tL r � S S i xi { ♦ .f•' S4. X. XR 4 XS �� '� ♦f• • GS ifs. S, f �: a L........................ Are /. / � ;• fr r of �'""� / .Vt 1 S f.. �• tifftaME • 'hC -. r w 1' tl e x i �� xf Sw `" M w agLa 1 1 .r ♦x \I .�� • PM . - ; 1LLJ •.."� • i �y. - - fp�,, ,.fir • Em pol Ed 29 SOILS SUITABILITY: ONLOT SEWAGE DISPOSAL jf-q AREAS WHERE SOIL LIMIT SUITABILITY OR . . SOURCE: SOIL SURVEY FOR TOMPKlNS COUNTY, N.Y. (USDA, 1961) m SIX MILE CREEK ems►DISPOSAL SYSTEMS and VICINITY too —` ♦.• - • •• PLANNING DEPT. MAP 6 s d� di 7r �9 30' 0 60 DAM \ . •ids>:£,ai,:xv: :.. P1 :w•.3o.;ti s: HYDROLOGY L WATER BODY ® D.E.C. PROTECTED STREAM �4y ® FLOODPLAIN 0 GROUNDWATER AQUIFER DAM OR WEIR SOURCES: H.U.D. R1000 INVJRANCE RATE MAP (FIRM) UPSTATE NEW YOW GROUNDWATER MANAGEMENT PROGRAM '1 N.Y.S'. DEFT. OF ENM RONIANTAL CONSERVATION OFIr SIX MILE CREEK and VICINITY �,000 �T. v 9 I R R r 18 21^ 500 FT. 1.000 FT. o 4L� Date: TOWN OF ITHACA Revised: SCALE T� Y� H H 90" PLANNING DEPT. Scale: 126 E. SENECA ST. Sheet: ITHACA, N.Y. 14850 _OF_ y• _ _.� J' ice 1 ,• r.? �,� a � •, �K.t e � 'r ti• +� �r ji05 _ xy a 'J7"r?}�.J 9 �,•..k�ll►.j�. -� �<C/ .t�'tS�-.t t r' •.. �j{�,. 467 ! t•.�r'a `• .i ya>•�� � •{yam �.•^�.�,ff.;i. �' ,•.. .� �•�� .. 4F. t y r ►C. S£%'.i� s y ! W c r rtrl ..: .n ..a jo- UW . •+ t�,�r 3 ,y�' 1. �>r>y•� r �s( t t ;�. '• N =j'��Z� '0 thy;'�Xjc ♦ � � •.��.�.• �.,.T F �1. 3--) t• � i7+- ••+. �' ��1 'sue, - �•..• O t ` y ti 1 •. l '7, W °c , � • *` �„ gal'N;L _) W �J U Z z kill V) N CD 00 co t YLLJ i { � yMAP a c� R > �p �® Zo OO` �'- LoR ►o ` >Y Al Rs� - Rip/R a �+ E PROPOSED CONSERVATION DiS i OFIp SIX MILE CREEK and VICINITY 1,0?0 FT 821 500 FT. 1,000 FT. `Y 6 Date: TOWN OF ITHACA Revised:. � SCALE H H 9O PLANNING DEPT. Scale: 126 E. SENECA ST. Sheet: O ITHACA, N.Y. 14850 _OF_ SAP 9A. '. � t k� R � < ¥y c � RFs RV F � f PROPOSED BUFFER ZONE o , T SIX MILE CREEK �µ and VICINITY f H 500 F. 1,000 r T. n � 4 Date: TOWN OF ITHACA Revised: SCALE 8 H 9O PLANNING DEPT. Scale: Sheet: E. SENECA ST. Sheet: ITHA A. N.Y. 14850 iOF_ APPENDIX C Correspondence The following correspondence is referenced in this document. 4 + 1TWo ft,�^ i c�R�°ORATEO�� CITY OF ITHACA l oe EAST GREEN STREET ITHACA, NEW YORK 141350 DEPARTMENT OF TELEPHONE:272-1713 PLANNING&DEVELOPMENT CODE 607 H.MATTHYS VAN CORT,DIRECTOR MEMORANDUM To : Susan Beeners , Ithaca Town Planning /Act/ From: H. M. Van Cort , Director of Planning and Development Re : Six Mile Creek Date : March 21 , 1990 This is to follow up our meeting on March . 15 regarding Six Mile . Creek. First , thank you for your efforts to date toward . promoting cooperation between the city and town on this important. a matter . My list of things still to do is as follows : Final determination of the boundaries for the no-build zone . The method for protection of the no-build area with consideration of acquisition, conservation easements , laws restricting use , etc. Regulation of uses in activities in the no-build zone . Management of the no-build zone. Transfer of development rights from the no-build zone to upland areas. Establishment of a mechanism by which changes to the regulations in management of use of the no-build area can be developed by the City and Town. Interim controls , that is controls of the no-build area ' before it has been formally established by agreement between: the Town and City . "An Equal Opportunity Employer with an Affirmative Action Program" Susan Beeners —2— Six Mile Creek March 21 , 1990 On—going: Mapping and updating of maps as process moves forward. If you have any items to add to this list , I would appreciate your letting me know. The process for resolving these issues is as follows : You will bring the, issue to the Town Planning Board, requesting that it be referred to the Town Conservation Advisory Council. If all goes well , this will happen at the April 3 meeting of the Town Planning Board . If we are successful in having this referred to the Town CAC , a committee will then be established including members of the Town CAC , Town planning staff, City planning staff , City elected officials and others as appropriate . I would appreciate the opportunity to discuss this committee with you after this has gone to the Town CAC. Again, I ' d like to thank you for your efforts on this proj.ect to date , and for your timely notification to us of the Auble subdivision request. I look forward to working with you on this i important project . cc : Mayor Benjamin Nichols Peter S . Weed s s EPJ—SixMile .mem L