HomeMy WebLinkAboutPB Minutes 1994-04-05TOWN OF ITHACA PLANNING BOARD
APRIL 5, 1994
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ITtiACA
TOWN •
vho 6,
The Town of Ithaca Planning Board met in regular session on
Tuesday, April 5, 1994, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Robert Kenerson, Virginia Langhans, Eva
Hoffmann, James Ainslie, Herbert Finch, Candace Cornell,
Stephen Smith, Daniel Walker (Town Engineer) , George
Frantz (Assistant Town Planner) , Louise Raimondo (Planner
I), John Barney (Town Attorney).
ALSO PRESENT: Rick Couture, Jonathan Hochberg, Earnest Buchanan,
George Blanchard, John & Amy Little, Fred & Betty
Brown, Mildred Brammer, Tony Lednor, Charlotte
Bosworth, Edward Bosworth, David Wilson, Lewis
Roscoe, Dave Auble, John Gutenberger, Attorney
Shirley Egan, Supervisor John Whitcomb.
Chairperson Kenerson declared the meeting duly opened at 7 :30
p.m. and accepted for the record the Secretary's Affidavit of
Posting and Publication of the Notice of Public Hearings in Town
Hall and the Ithaca Journal on March 28, 1994, and March 31, 1994,
respectively, together with the Secretary's Affidavit of Service by
Mail of said Notice upon the various neighbors of each of the
properties under discussion, as appropriate, upon the Clerks of the
City of Ithaca, Town of Ithaca, and Town of Danby, upon the
Tompkins County Commissioner of Planning, upon the Tompkins County
Commissioner of Public Works, and upon the applicants and /or
agents, as appropriate, on April 1, 19940
Chairperson Kenerson read the Fire Exit Regulations to those
assembled, as required by the New York State Department of State,
Office of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD.
There were no persons present to be heard. Chairperson
Kenerson closed this segment of the meeting.
AGENDA ITEM: APPROVAL OF MINUTES - 4/20/93
MOTION by Virginia Langhans, seconded by Herbert Finch:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of April 20, 1993, be and hereby are approved as
written.
vote.
There being no further discussion, the Chair called for a
Planning Board 2 April 5, 1994
Aye - Kenerson, Langhans, Finch, Smith.
Nay - None.
Abstain - Hoffmann.
The MOTION
was declared
to be
carried.
AGENDA ITEM.
APPROVAL
OF MINUTES
- 11/16/93
MOTION by Herbert Finch, seconded by Virginia Langhans:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of November 16, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Finch, Smith, Hoffmann.
Nay - None.
The MOTION was declared to be carried.
PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL
SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA
TAX PARCEL NO. 45 -2 -14.2, 42 +/- ACRES IN SIZE, INTO SIX PARCELS
RANGING IN SIZE FROM 0.75 + /- ACRES TO 23.44 + /- ACRES, LOCATED
BACKLOT OF RIDGECREST, EAST KING, AND TROY ROADS, RESIDENCE
DISTRICTS R -15 AND R -30. CITIZENS SAVINGS BANK, OWNER; JOHN E. AND
AMY W. LITTLE, APPLICANTS.
Chairperson Kenerson declared the Public Hearing in the above -
noted matter duly opened at 7:35 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
John E. Little addressed the Board stated that the purpose of
this meeting was to receive preliminary and final subdivision
approval. Mr. Little stated that the only changes made to the plat
that the Planning Board had reviewed at the sketch plan phase, were
the addition of a water easement that extended from Troy Road to
Ridgecrest Road, and a 8.50 acres conservation easement. Mr.
Little stated that he and his wife appeared before the Town of
Ithaca Town Board on March 7, 1994, and the Town Board asked for
the conservation easement. [Map with easements outlined is hereby
attached as Exhibit #1] Mr. Little stated that there would be no
public access to the property protected by the conservation
easement. [Attached hereto as Exhibit #2]
Assistant Town Planner George Frantz stated, referring to the
property protected by the conservation easement, that it would
remain private property owned by Mr. & Mrs. Little, but the Town of
Ithaca will hold development rights, except for those that are
Planning Board 3 April 5, 1994
reserved to the Little's in the easement.
The Board discussed the conservation easement with Mr. Little
with regards to what rights Mr. Little would have and what the
rights of the Town of Ithaca would be.
Board Member Candace Cornell asked Mr. Little if he had any
plans for subdividing Parcel A.
Mr. Little responded that he had no plans for subdivision at
this time.
Planner I Louise Raimondo stated that the conservation
easement would insure that the property remain open space and
preserve the wetland, which is what the Planning Board stated that
they wanted at the Meeting of March 15, 19940
Board Member Herbert Finch asked if the Town of Ithaca would
have responsibility for the 8.5 acres.
Town Engineer Daniel Walker stated that Mr. and Mrs. Little
would have responsibility of the land, the Town of Ithaca has the
ability to be sure that it remains open space and conserves the
wetland.
Chairperson Kenerson noted that this was a Public, Hearing and
asked if anyone from the public wished to speak.
Tony
Lednor, Secretary for
the Finger Lakes
Land Trust
addressed
the Board and stated
that Finger Lakes
Land Trust
preferred
that the Town of Ithaca
held the easement
rather. Mr.
Lednor felt
that the conservation
easement was a great solution to
the open
space set aside
requirement for all parties
involved.
David Wilson of 232 Troy Road addressed the Board and stated
that he and several of his neighbors had made requests to have
water to be made available in the neighborhood by the Town. Mr.
Wilson asked if there was a plan to put water through the water
easement.
Town Engineer Daniel Walker stated that construction of the
water main was not part of the subdivision process. Mr. Walker
stated that Mr. Little had expressed an interest in assisting the
Town of Ithaca in serving his property with water. Mr. Walker
stated that the Town Board was aware that the residents of the area
have requested water, and will be assessing whether or not the Town
of Ithaca could put water down to this easement and utilize this
easement.
There being
no
further
discussion, the Chair asked if anyone
were prepared to
offer
a motion.
Planning Board
MOTION by Candace Cornell,
WHEREAS:
E
April 5, 1994
seconded by James Ainslie:
1. Consideration of Preliminary and Final Subdivision Approval
for the proposed subdivision of Town of Ithaca Tax Parcel No.
45 -2 -14.2, 42 +/- acres in size, into six parcels ranging in
size from 0.75 +/- acre to 23.44 +/- acres, located backlot of
Ridgecrest, East King, and Troy Roads, Residence Districts R-
15 and R -30. Citizens Savings Bank, Owner; John E. and Amy
W. Little, Applicants, and
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board is legislatively determined to act as Lead
Agency in environmental review with respect to Subdivision
Approval, and
4. The Planning Board, at a Public Hearing held on April 5, 1994,
has reviewed and accepted as adequate the Short Environmental
Assessment Form Part I prepared by the applicant, a Part II
prepared by the Town Planning staff, a subdivision plat
entitled "Final Subdivision Map Showing Lands to be Subdivided
John E. & Amy W. Little..., Town of Ithaca, Tompkins County,
New York," prepared by T. G. Miller, P.C., Engineers and
Surveyors and dated March 10, 1994, and other application
materials, and
5. The Town planning staff has recommended a negative
determination of environmental significance with respect to
the proposed action, as proposed;
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative
determination of environmental significance in accordance with the
New York State Environmental Quality Review Act for the above
reference action as proposed and, therefore, neither a Long
Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Ainslie, Finch, Cornell, Smith, Hoffmann.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Candace Cornell,
seconded by Virginia Langhans:
Planning Board
5
April 5, 1994
1. Consideration of Preliminary and Final Subdivision Approval
for the proposed subdivision of Town of Ithaca Tax Parcel No.
45 -2 -14.2, 42 +/- acres in size, into six parcels ranging in
size from 0.75 +/- acre to 23.44 +/- acres, located backlot of
Ridgecrest, East King, and Troy Roads, Residence Districts R-
15 and R -30. Citizens Savings Bank, Owner; John E. and Amy
W. Little, Applicants, and
2. The Planning Board, at a Public Hearing held on April 51 1994,
has reviewed and accepted as adequate the Short Environmental
Assessment Form Part I prepared by the applicant, a Part II
prepared by the Town Planning staff, a subdivision plat
entitled "Final Subdivision Map Showing Lands to be Subdivided
John E. & Amy W. Little..., Town of Ithaca, Tompkins County,
New York," prepared by T. G. Miller, P.C., Engineers and
Surveyors and dated March 10, 1994, and other application
materials, and
3. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as lead agency in environmental review
with respect to Subdivision Approval, has, on April 5, 1994,
made a negative determination of environmental significance.
4. The Planning Board, Town Board, Town of Ithaca Planning
Committee, and Town staff have reviewed a number of options
with regard to the issue of a dedication of land for public
park and recreation purposes, payment of money in lieu of
land, a combination of both, or a waiver of the requirement.
NOW, THEREFORE, BE IT RESOLVED:
10 That the Town of Ithaca Planning Board hereby waives certain
requirements for Final Subdivision Approval, as shown on the
Final Subdivision Checklist, having determined from the
materials presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control
nor the policies enunciated or implied by the Town Board,
2. That the Planning Board, in recognition of the willingness of
the applicants to grant to the Town of Ithaca a conservation
easement restricting the use of a +/ -8.5 acre portion of the
site to uses which would protect the natural resources and
open space characteristics of the 8.5 acres, and further, to
contribute $1,000.00 toward a Town park fund, hereby waives
the park and recreation dedication requirements of Article IV,
Section 22 of the Town of Ithaca Subdivision Regulations.
39 That the Planning Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel No. 45 -2 -14.2, 42 +/- acres in size, into
six parcels ranging in size from 0.75 +/- acre to 23.44 +/-
acres, located backlot of Ridgecrest, East King, and Troy
Planning Board 6 April 5, 1994
Roads, as
shown on the subdivision plat entitled
"Final
Subdivision
Map Showing Lands
to be subdivided John E.
& Amy
W. Little...,
Town of Ithaca,
Tompkins County, New
York,"
prepared by
T. G. Miller, P.C.,
Engineers and Surveyors
and
dated March
10, 1994,
subject
to the
following
conditions:
a. filing in the Tompkins County Clerk's Office of the
easement in form acceptable to the Town Attorney for the
10 ft. wide permanent easement for a future public water
main, as shown on the approved subdivision plat, such
easement to be canceled if construction of the water main
has not been completed within one year of the execution
of the easement in final form, any extension thereafter
to be by mutual agreements
bo approval by the Tompkins County Department of Health of
all onsite sewage disposal facilities prior to the
issuance of a building permit;
co submission to and approval by the Town Engineer of a site
plan for each lot, showing the proposed location of all
structures, proposed building elevations, site grading
plan, and appropriate sediment and erosion control
measures to be implemented during construction on the
lot, prior to the issuance of a building permit for said
lot;
do that no further subdivision be allowed on Parcels B, C,
D, and E, as shown on the proposed plat;
e. filing in the Tompkins County Clerk's Office of a
conservation easement, in form acceptable to the Town
Attorney, for the 8.50 acres of the site proposed for
protection under said easement;
fe receipt of completed owner's certificate, prior to the
Chair signing the plat;
go that any disturbance to the wetlands on Parcel E be
minimized to the extent practicable, and be conducted in
conformance with all relevant Federal regulations, and
the Town of Ithaca Wetland Guidelines,
h. that Parcel F be conveyed to the owner of the premises
denominated as "Buchannon" on the subdivision map within
90 days of the filing of the final map.
Mr. Little addressed the Board and stated that the water
easement should be a conditional easement with a one year
limitation.
Board Member Candace Cornell stated that she would like the
Planning Board 7 April 5, 1994
Town to have two years to construct the water line.
Town Supervisor John Whitcomb spoke from the audience and
informed the Planning Board that the conservation easement,
$1,000.00 contribution to the Town, and the one year water easement
was part of the package that the Town of Ithaca Town Board agreed
to with Mr. and Mrs. Little, and the Town Board considered it to be
satisfactory.
The Board discussed the one year limitation on the water
easement, and the possibility of an extension to that time frame if
necessary.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Ainslie, Finch, Cornell, Smith, Hoffmann.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Kenerson declared the matter of Preliminary and
Final Subdivision Approval for Jack and Amy Little duly closed at
8:19 p.m.
AGENDA ITEM. DISCUSSION OF DRAFT CORNELL UNIVERSITY GENERIC
ENVIRONMENTAL IMPACT STATEMENT, DRAFT FINDINGS STATEMENT, AND DRAFT
SLUD.
Chairperson Kenerson declared the Public Hearing in the above -
noted matter duly opened at 8:22 p.m.
Planner I Louise Raimondo addressed the Board and stated that
there were comments received from Eva Hoffmann and Ellen Harrison
regarding the Cornell University FGEIS. Ms. Raimondo requested
that the Board address these concerns and concentrate on completing
the FGEIS before considering the draft Findings and SLUD. Ms.
Raimondo stated that the Findings are the end of the environmental
review factor in the GEIS process.
Chairperson Kenerson asked if the Findings come from the Town
of Ithaca.
Attorney John Barney stated that the Findings come from the
Town of Ithaca Planning Board.
Chairperson Kenerson asked if there was a time limit for the
Findings Statement.
Planner
I Louise Raimondo stated that according to
the SEQR
Regulations,
after the Final Generic Impact Statement (FGEIS)
is
issued,
the
lead
agency
has a
10 day
waiting period,
with
a
Planning Board
deadline of 30 days to complete the Findings.
April 5, 1994
Chairperson Kenerson stated that the final step would be for
the Town of Ithaca Town Board to approve the Special Land Use
District (SLUD) as it relates to the FGEIS.
Attorney John Barney stated that Chairperson Kenerson was
correct.
The Planning Board Members discussed the concerns and comments
of Ms. Hoffmann and Ms. Harrison. The Board discussed visual
concerns within Precinct 7 and the study area. Staff stated that
that would amend the Visual Character portion of the GEIS and
Findings to address Ms. Hoffmann's concerns on views, as agreed
upon by the Board. Some minor typos were also discussed, and Ms.
Raimondo stated that they would be corrected. (Eva Hoffmann and
Ellen Harrison's comments are hereto attached as Exhibits #3 & #4)
Board Member Eva Hoffmann stated on Page II -182, Paragraph
3,in the DGEIS, transient views were referred to as being minor.
Ms. Hoffmann stated that transient views were seen by people that
were driving down the road, walking, and biking in the study area
every day, and she felt that these were very important. Ms.
Hoffmann stated that there were 2 official working wells in the
study area, and asked that it be officially noted.
The
Planning
Board discussed wells
mentioned in the DGEIS
document
as per Ms.
Hoffmann's comments
and concerns.
Planner I Louise Raimondo asked if
the Board considered the
FGEIS essentially complete.
The Board
responded affirmitively.
and closed this segment
Mr. Raimondo stated that she
would make
the changes
discussed and
bring it back to the Board to
vote on it
at the next
meeting.
There being no further
discussion,
the Chair
closed this
segment of the meeting.
AGENDA ITEM: SHORT SEQR PRESENTATION.
Planner I Louise Raimondo addressed the Board, and using a
SEQR flowchart, explained the steps involved in the SEQR process.
(Flowchart attached hereto as Exhibit #5)
There being
no discussion, the Chair
thanked Ms.
Raimondo for
the presentation
and closed this segment
of the meeting.
ADJOURNMENT
Upon Motion, Chairperson Kenerson declared the April 5, 1994
Planning Board 9 April 5, 1994
meeting of the Town of Ithaca Planning Board duly adjourned at
10:00 p.m.
4/8/94
Respectfully submitted,
StarrRae Hays, Recording Secretary
Town of Ithaca Planning Board
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March 17, 1994
Mr. Robert Kenerson, Chair
Town of Ithaca Planning Board
126 E. Seneca St.
Ithaca, New York 14850
Dear Mr. Kenerson:
LJ MAR i s 1994
--
lts�JR� r4 I
�A
Q
u
We are writing in regard to our continuing discussions relating to the
protection of wetlands and open space on the Little's Farm Subdivision. As you
are aware, we have attempted to arrange an 8.5 acre conservation easement,
together with a one thousand dollar cash contribution, to the Finger Lakes Land
Trust. At their March 15, 1994 meeting of the Board of Directors, the Board
voted not to accept this conservation easement. This decision was based
primarily on the relatively small size of the parcel in relation to the large
tracts of land they are used to dealing with, together with their own lack of
available resources.
As it
is still in the best interest of
all parties
to protect these wetlands
and to preserve open space on South Hill,
we request
that the Town of Ithaca
accept this
voluntary conservation easement.
In addition, we would be willing to
contribute
one thousand dollars toward a stewardship fund at the Town, or make a
similar contribution to the Finger Lakes
Land Trust
in recognition of their
assistance
and advise in this matter.
Enclosed
please find a proposed
conservation
easement, patterned after what
was being
discussed with the Finger
Lakes Land
Trust. Please review it and
get back
to me if there are any
questions.
We look forward to working with
the Town to protect this property in
perpetuity.
E.1 Little
Amy ,W` Little
r.
•
•
DEED OF CONSERVATION EASEMENT
March 17, 1994
This deed of conservation easement is made this day , 1994, John E.
and Amy W. Little having an address at 3 Chase Lane, Ithaca, New York 14850
( "Grantors ") and the Town of Ithaca, a municipality of the State of New York,
having an address of 126 E. Seneca St. Ithaca, New York 14850, ( "Grantee ").
WITNESSETH
Whereas, the grantors are the sole owners in fee simple of certain real property
(the "property ") consisting of eight and one -half acres (8.5 acres) in the Town
of Ithaca, Tompkins County, State of New York, more particularly described in
Schedule A, attached hereto and incorporated herein; and
Whereas, the property possesses natural and ecological values (collectively,
"conservation values ") of great importance to the grantors, the Town of Ithaca
and the people of the State of New York; and
Whereas, the specific conservation values of the property are documented in an
inventory of relevant features of the property, designated as "Baseline
Documentation ", which consists of the following items filed herewith: survey map
indicating bounds of the easement, general description of the property,
photocopies of the tax map and tax assessor's aerial photo, regional map showing
location, Copy Of Prohibited Uses and Rights, photographs, map and key showing
where photos are taken. The parties agree that these items provide, collectively,
an accurate representation of the property at the time of this grant and that
they serve as an objective information baseline for monitoring compliance with
the terms of this grant; and
Whereas, grantors intend that the conservation values of the property be
preserved and maintained and that land use patterns existing at the time of this
grant including but not limited to farming and passive recreation, that do not
significantly impair or interfere with those values, be allowed to continue; and
Whereas, grantors further intend, as
the right to preserve and protect
perpetuity; and
owners of the property, to convey to grantee
the conservation values of the property in
Whereas, grantee is a municipality organized under the laws of the State of New
York and is interested in the preservation, protection and enhancement of this
land, and /or open space condition; and
Whereas, grantee agrees by accepting
grantors stated herein and to preserve
values of the property for the benefit
come; and
the grant to honor the intentions of
and protect in perpetuity the conservation
of this generation and the generations to
Page 1
A.
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
condition and restrictions contained herein, and pursuant to the New York State
Environmental Conservation Law, Section 49 -0301, grantors hereby voluntarily
grant and convey to grantee a conservation easement in perpetuity over the
property of the nature and character hereinafter set forth ( "Easement ").
1. Purpose. It is the purpose of this Easement to:
a) assure that, except as provided herein, the property will be retained
and managed forever in a natural condition, thus protecting significant natural
habitat for wildlife and plants;
b) prevent any use of the property that will significantly impair or
interfere with the conservation values of the property;
C) protect the water quality of Six Mile Creek, the public water supply
for the City of Ithaca.
Grantors intend that this Easement will confine the use of the property to
such activities as are consistent with the purpose of this Easement.
2. Rights of Grantee. To accomplish the purpose of this Easement, the
following rights are conveyed to grantee by this Easement:
a) To preserve and protect the conservation values of the property;
b) To enter upon the property at least once a year, at reasonable times,
in order to monitor grantors' compliance with, and otherwise enforce the terms of
this Easement, provided that such entry, whenever practicable, shall be upon
prior reasonable notice to grantors, and grantee shall not unreasonably interfere
with grantors' use and quiet enjoyment of the property; and
C) To prevent any activity on or use of the property that is inconsistent
with the purpose of this Easement, and to required the restoration of such areas
or features of the property that may be damaged by any inconsistent activity or
use, pursuant to paragraph 5 (Grantee's Remedies).
3. Prohibited Uses.
a) Commercial or industrial activity, except as specified under Reserved
Rights;
b) Except as provided under Reserved Rights: placement, construction or
enlargement of roads, parking lots, billboards, buildings, permanent camping
accommodations, mobile homes, or other structures,
C) Tree cutting except as necessary under any activity permitted under
Reserved Rights. Any tree cutting must be in accordance with Prohibited Use (g).
d) In areas that are wooded at the time of this Grant or within 50
(fifty)feet of wetlands or streams: grazing of domestic animals, or other
non - forest - related agricultural use;
e) Dumping or disposal of waste, refuse or debris on the property, except
for plant or animal materials generated on the property, and disposed of at least
200 (two hundred) feet from any wetland, stream or other body of water, and in a
manner consistent with the purpose of this Easement;
f) Any alteration of the topography, including, but not limited to, the
excavation or removal of soil, sand, gravel, rock, or sod except as may be
required in the course of any activity permitted herein; provided that
construction materials, such as rock and dirt, may be taken for use on the
property from locations approved by grantee,
g) Any use or activity that causes or is likely to cause significant
degradation of the land from a natural condition or significant sedimentation or
pollution of any surface or subsurface waters;
h) Except as provided under Reserved Right 4(f): Any manipulation or
Page 2
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alteration of any stream or wetland on the property;
i) Any use of the property and any activity thereon which is inconsistent
with the purpose of this Easement.
4. Reserved Rights. Grantors reserve all rights accruing from their ownership
of the property, including the right to engage in or to permit others to engage
in all uses of the property that are not expressly prohibited herein and uses
that are not in conflict with the purpose of this Easement. Without limiting the
generality of the foregoing, grantors reserve the right to:
a) Engage in agricultural uses in accordance with ecologically sound and
sustainable agricultural practices. Except as prohibited elsewhere in this
Easement, "agricultural uses" that shall be permitted are: breeding and raising
bees; planting, raising, harvesting and producing agricultural, horticultural,
and forestry crops and products; sale of, PROVIDED such uses (other than forestry
crops or products) do not take place in any forest or wetland or along any
stream;
b) Construct, repair, replace or enlarge nonresidential structures
directly related to permitted agricultural uses, provided said structures are
located in a manner which will minimize the impact on wildlife habitat and
waterways;
C) Build or enlarge ponds, wetlands, shallow water impoundments, or other
improvements to enhance wildlife habitat;
d) construct unpaved access roads (not to exceed 12' in width) as may be
needed for any agricultural or forestry activity permitted herein;
16 -=j e) Engage in, and permit others to engage in, recreational uses of the
property, included, but not limited to, skiing, hiking, and hu, ing that neither
required nor produce significant surface alteration of the lan , and that are
consistent with the purpose of this Easement;
f) Maintain and /or create foot trails;
g) Cut Christmas trees and firewood for personal use; cut trees to remove
a hazardous or diseased condition.
4.1 IN
ADDITION, the grantors
may, after providing thirty (30)
days written
notice to grantee:
a)
Sell, give, lease or otherwise
convey the property or portions of the
property,
subject to the terms of
this Easement;
b)
Harvest timber in
accordance with ecologically
sound forestry
conservation practices.
C)
Construct a lean -to or
other shelter not to exceed 150
square feet.
5. Grantee's Remedies: If grantee determines that grantors are in violation of
the terms of this Easement or that a violation is threatened, grantee shall give
written notice to grantors of such violation and demand corrective action
sufficient to cure the violation. Where the violation involves injury to the
property resulting from any use or activity inconsistent with the purpose of this
Easement, grantee shall require restoration of the injured portion of the
property.
If grantors fail to cure the violation within thirty (30) days after receipt
of notice thereof from grantee, or under circumstances where the violation cannot
reasonably be cured within a thirty (30) day prior, fail to begin curing such
violation within the thirty (30) day prior, or fail to continue diligently to
® cure such violation until finally cured, grantee may bring an action at law or in
equity in temporary or permanent injunction, to recover any damages to which it
Page 3
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may be entitled for violation of the terms of this Easement or injury to any
conservation values protected by this Easement, including damages for the loss of
scenic, esthetic, or environmental values, and to require the restoration of the
property to the condition that existed prior to any such injury.
Grantee, in its sole discretion, may apply any damages recovered to the cost
of undertaking any corrective action on the property. If grantee, in its sole
discretion, determines that circumstances require immediate action to prevent or
mitigate significant damage to the conservation values of the property, grantee
may pursue its remedies under this paragraph without waiting for the period
provided for cure to expire, provided grantee make every reasonable effort to
give grantor prior notice. Grantee's remedies described in this paragraph shall
be in addition to, and not in limitation of, any other .rights and remedies
available to the grantee for enforcement of the Easement.
At the request of either grantor or grantee, before any legal action is
taken, a mutually agreed upon third party shall be brought in to mediate a
dispute.
5.1 Costs of Enforcement.
Any reasonable
costs incurred by grantee in
enforcing
the terms of this Easement against grantors, including
but not limited
to, costs
of suit and attorney's
fees, and any
costs of restoration necessitated by
grantor's violation of the
terms of this Easement
shall
be borne by the
grantors.
If grantors prevail in
any action to
enforce the
terms of this
Easement,
grantors' costs of suit,
including, but
not limited
to, reasonable
attorney's
fees, shall be borne by grantee.
5.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at
the discretion of the grantee, and any forbearance by grantee to exercise its
rights under this Easement in the event of any breach. of any term of this
Easement by grantors shall not be deemed or construed to be a waiver by grantee
Of such term or any subsequent breach of the same or ainy other term of this
Easement or any of grantee's rights under this Easement. No delay or omission by
grantee in the exercise of any right or remedy upon any breach by grantors shall
impair such right or remedy or be construed as a waiver.
5.3 Acts Beyond Grantors' Control. Nothing contained in this Easement shall be
construed to entitle either grantors or grantee to bring any action against the
other for any injury to, or change in, the property resulting from causes beyond
grantors' control, including but not limited to, fire, flood, storm, and earth
movement, of from any prudent action taken by grantors under emergency conditions
to prevent, abate, or mitigate significant injury to the property resulting from
such causes.
6. Access. No right of access by the general public to any portion of the
property is conveyed by this Easement. The property shall remain for the private
use and may be posted by the grantors.
7. Costs and Liabilities. Grantors retain all responsibilities and shall bear
all costs and liabilities of any kind related to the ownership, operation,
upkeep, and maintenance of the property, including the maintenance of adequate
comprehensive general liability insurance coverage.
8. Extinguishment. If circumstances arise in the future that render the purpose
of this Easement impossible to accomplish, this Easement can be modified or
terminated based upon the mutual agreement of the parties. 0
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8.1 Proceeds. This Easement constitutes a real property interest immediately
vested in grantee, with a fair market value that is equal to the proportionate
value that the Easement bears to the value of the property as a whole at the time
of this gift. However, any increase in value that is attributable to
improvements made after the date of this grant shall not serve to increase the
value of this Easement. The values at the time of this grant shall be those used
to calculate the deduction for federal income tax purposes allowable by reason of
this grant, pursuant to Section 170(h) of the Internal Revenue Code of 1954, as
amended. For the purposes of this paragraph, the ratio of the value of the
Easement to the value of the property unencumbered by the Easement shall remain
constant.
9. Assignment. This Easement is transferable by grantee, but grantee may assign
its rights and obligations under this Easement only to an organization that is a
qualified organization at the time of transfer under Section 170(h) of the
Internal Revenue Code of 1954, as amended (or any successor provision then
applicable) and the applicable regulations promulgated thereunder, and authorized
to acquire and hold conservation easements under New York State statute. As a
condition of such transfer, grantee shall require that the conservation purposes
that this grant is intended to advance continue to be carried out.
10. Subordination. Grantee agrees to subordinate its rights under this Easement
to any current or future mortgage holders.
11. Subsequent Transfers. Any subsequent conveyance including, but not limited
to, the transfer, lease, or mortgage of the property or a portion of the
property, shall be subject to this Easement. Grantor agrees that any deed,
lease, or other instrument evidencing of effecting such conveyance shall contain
language substantially as follows: "This (conveyance, lease, deed, etc.J is
subject to a conservation easement dated which runs with the Town of
Ithaca, and recorded in the Tompkins County Clerk's office." Grantors further
agree to give written notice to grantee of the transfer of any interest at least
thirty days prior to the date of such transfer. The failure of grantors to
perform any act required by this paragraph shall not impair the validity of this
Easement nor limit its enforceability in any way.
12. Survey. Grantee has the right to conduct a professional boundary survey of
the property or any part thereof; however, said survey shall only be at grantor's
expense if and to the extent necessary to determine of a prohibited land use is
located within the property of in any area thereof where it is prohibited.
13. Certificates of Compliance. Upon request by grantors, grantee shall within
thirty days execute and deliver to grantors any document, including an estoppel
certificate, that certifies grantors' compliance with any obligation of grantors
contained in this Easement, and otherwise evidences the status of this Easement
as may be requested by the grantors.
14. Notices. Any notice, demand, consent,
either party desires or is required to give to
either served personally or sent by first class
as shown in this grant or to such other address
shall designate by written notice to the other,
approval, or communication that
the other shall be in writing and
mail, postage prepaid, addressed
as either party from time to time
C
15. Recordation. Grantee shall record this instrument in timely fashion in the
official records of Tompkins County, New York, and may re-record it at any time
as may be required to preserve its rights in this Easement.
16. General Provisions.
a) Controlling Law. The interpretation and performance of this Easement
shall be governed by the laws of the State of New York.
b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the
grantee to effect the purpose of this Easement and the policy and purpose of NYS
Environmental Conservation Law 49 -0301. If any provision of this instrument is
found to be ambiguous, an interpretation consistent with the purpose of this
Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
c) Severability. If any provision of this Easement is found to be invalid,
the remainder of the provisions of this Easement shall not be affected thereby.
d) Entire Agreement. This instrument, and the documentation referred to
herein, set forth the entire agreement of the parties with respect to the
Easement, and supersede all prior discussions, negotiations, understandings, or
agreements relating to this Easement. No alteration or variation of this
instrument shall be valid or binding unless contained', in an amendment that
complies with paragraph 17.
e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of grantors' title in any respect.
f) Joint Obligation. In the event that more than one individual joins in
the execution of this document as grantor, said grantors are subject to this
Easement jointly and severally.
g) Successors. All covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto
and their respective representatives, heirs, successors, and assigns, and shall
continue as a servitude running in perpetuity with the property.
h) Application of prohibited uses to other property. The grantor hereby
relinquishes and terminates the development rights on the property, as provided
under "Prohibited Uses," so that such rights are terminated and extinguished and
may not be used or transferred to adjacent or any other parcels. (For example,
the property shall not be used as an open -space set -aside for a development on an
adjacent or other property, thus increasing the density of that development
beyond what would otherwise be permitted.) However, this shall not be construed
to limit in any way the "Reserved Rights" provided for under paragraphs 4 and
4.1,.
i)Termination of Rights and obligations. A party's rights and obligations
under this Easement terminate upon transfer of the party's interest in the
Easement or property, except that liability for acts or omissions occurring prior
to transfer shall survive transfer, unless grantors, prior to transfer, obtain a
certificate of compliance or estoppel in accordance with paragraph 13 herein.
j) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each
counterpart shall be deemed an original document as against. any party who has
signed it. In the event of any disparity between the counterparts produced, the
recorded counterpart shall be controlling.
179 Amendment. If circumstances arise under which an. amendment to or
modification of this Easement would be appropriate, grantors and grantee are free
to jointly amend this Easement by written document, signed and duly acknowledged,
Page 6
r1
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as with the case of the original agreement; provided that no amendment shall be
allowed that will affect the qualification of this Easement of the status of the
grantee under any applicable laws, including ECL Section 49 -0301 or Section
170(h) of the Internal Revenue Code of 1954, as amended, and any amendment shall
be consistent with the purpose of this Easement. Any such amendment shall be
recorded in the official records of the Office of the Clerk of Tompkins County,
New York State. All costs in connection with amendment shall be borne by the
grantor unless grantee initiates the amendment or waives this requirement.
In witness whereof grantors and grantee have set their hands on the day and year
first above written.
Grantor
Grantor
Town of Ithaca, Grantee,
by
Town Supervisor
State of New York, County of Tompkins, ss. On this day of
year nineteen hundred and ninety -four, before me came John E.
Little, to me known to be the individuals described in, and
foregoing instrument, and acknowledged that they executed the
Before me,
, Notary Public
State of New York, County of Tompkins, ss.
year nineteen hundred and ninety -four,
personally known who, being by me duly
Troy Rd., Ithaca, New York and that he
in
Little and Amy
who executed,
same.
On this day of
before me came John
sworn, did depose that
the
W.
the
in the
Whitcomb, to me
he resides at 233
is the Supervisor of the
who executed the within instrument, and that such execution was
Town of Ithaca and that the Town Board of such Town duly
execution.
Before me,
, Notary Public
Page 7
Town of Ithaca,
on behalf of the
authorized such
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TO: Ithaca Town Planning Board
COPY: Louise Raimondo
John Whitcomb
Cali Grigorov
FROM: Ellen Harrison
DATE: April 4, 1994
RE: Cornell Precinct 7 GEIS
As you consider approval of the findings and the final language
of the GEIS I want to thank you (and Cornell) for the tremendous
amounts time taken in working on this document and issue. The
opportunity to comprehensively consider development impacts of
this area as a whole is of tremendous benefit.
I appreciate also the opportunities provided for public
comment. The water quality and water flow questions raised by me
and others resulted in further work by Stearns and Wheeler on
behalf of Cornell which helped to answer some of those questions.
That is a good examples of how the process can work well.
Before raising continued content issues, I would raise a process
issue. I am unclear about whether changes need to be incorporated
into only the Findings, or the GEIS language, plus the Findings, or also
into the SLUD. How would conditions in the findings be made part of
the development process if they are not in the SLUD? I believe this
is related to the question raised by Louise in her memo of 3/28/94:
"What would you like to see specified in theis new zoning legislation
to insure that all that was set forthe in the DGEIS, FGEIS, and the
Findings for Precinct 7 has been incorporated into our Town Zoning
Ordinance ?" It would seem to me that to the greatest extent possible
the SLUD should include the commitments /decisions /findings.
Otherwise I fear that they may not be addressed years in the future
when development is taking place. Lengthy documents without the
force of law such as the GEIS and Findings would be less likely to be
consulted.
Continued Major Concerns
Several questions and concerns
not feel have yet been adequatel
reiterate them as you consider final
which I raised before and still feel
the current (3/28) findings and SLUD
*-41
which I raised, however, I do
y addressed and I wanted to
approval. Here are the issues
are not considered adequately in
and GEIS.
• 1. Views. The GEIS and findings do not seem to recognize
what I believe are a couple of very important features. Namely that
the "transient views" provided to people driving, walking or biking
are extremely valuable. They are seen by many people each day and
should not be assumed to be unimportant (as the GEIS implies)
because they are brief. I really believe that it is just such transitory
views that help to make Ithaca a very special place. As mentioned in
my comments, the view across parcel C to the east - south -east is such
a view and needs to be recognized.
The second aspect of view which I do not believe is recognized
in the GEIS or findings is that Precinct 7 is a very important visual
transition between rural agriculture and the developed campus. I
recognize that this proposal is to turn this Precinct into developed
campus with two natural areas. I believe that the value and
opportunity to maintain the agricultural transition is also possible
and should be recognized.
As written the GEIS, findings and SLUD are inadequate in this
area. The GEIS draft commment /response (p. 26) says that "There is
a commitment by Cornell to develop in a way that preserves or
enhances special views." I don't see that in the SLUD, findings or
® GEIS, at least not the views and issues I am particularly concerned
about. Frankly, I believe the best way to deal with these issues is to
reserve the northeast corner of Parcel C for agricultural uses. This is
a very small piece of the Precinct and would accomplish these ends.
At the least, the findings and SLUD should recognize these issues.
The Findings draft 3/28 menions visual character and suggests
that the mitigation measures in Secion II.J.3 of the GEIS are
adequate. This section does not make any reference to the issues
above and really only deals with views from the recreation way and
other views of the new development. I believe that the findings
needs modification and that the SLUD also needs to address the issue.
I would suggest that language something to the effect that :
*Maintenance of the views across parcel C to the ESE to Snyder Hill
from Route 366 should be preserved. and
*Maintenance of the transition from rural agricultural character to
the developed campus should be preserved along the eastern (Route
366 near Game Farm Road) and southeastern (Game Farm Road) end
of Precinct 7.
The performance standards in the SLUD would seem an
appropriate location for such statements.
2. Pedestrian and bicycle transportation is another area
which I do not believe is adequately addressed. The GEIS
• comments /response draft document (March 94) says "Currently
there is no significant bicycle or pedestrian traffic along either of the
roads mentioned, nor is any significant increase anticipated as a
result of future development in the Precinct 7 area." (p. 25). I don't
know on what data such a statement is based nor is the meaning of
"significant" clear, but anyone who travels that route often will
confirm that pedestrians, bicyclists and runners use 366 quite a bit
despite the fact that it is very unsafe with cars travelling at high
speeds and no shoulders on the road. How can the new development
with a peak of over 2700 additional cars per hour and 7000+
employees not have an impact? Similarly the movement between
East Hill Plaza and campus needs mention. It is not enough to say
that someone else (the MPO) will deal with this increasingly critical
issue or that it will be dealt with as Route 366 improvements are
planned.
Since the whole GEIS process was an attempt and opportunity
to look at a bigger picture and in fact includes the "study area" as
well in concept, it is a very appropriate to deal comprehensively with
the very significant and increasingly important issue of pedestrian
and bicycle movement. I believe there needs to be a commitment in
® the GEIS, Findings and SLUD to address pedestrian and bicycle access
to East Hill Plaza and E -W along 366 in the very early stages of
development. As it stands, the findings and SLUD do not even
mention the issue but only refer to Traffic Impacts in the findings
and no reference at all in the SLUD.
3. Other issues:
The Findings draft 3/28/94:
eIn facts and conclusions on page 2 IV. might mention the potential
that a full EIS might be required under certain conditions.
*Typos on p. 6 paragraph 3 water tables in should be if. I believe
that buffered on second to last line shouldn't have two "r's ".
oI would concur with Eva Hoffman's comment that item D.l.c. should
mention that vegetation should not block views.
•The section on p. 11 about Agricultural Resources seems irrelevant.
What is planned for out of the area under study is really conjecture
and not the subject.
oThe rationale that the impacts on runoff due to the development in
Precinct 7 are not significant because it represents only 3/2% of the
watershed continues to be used in the GEIS comments /response draft
(March 94 p.23 and 24). This is not justified since the owners of the
other 96.8% of the land in the watershed also have the right to
develop. In fact, the lack of professional planning assistance in
Dryden where most of this land is leads me to believe that sometime
in the future we may see development of this land with much less
attention to runoff impacts.
*The solid waste section (p.12) says there will not be a significant
increase. The addition of 4 M GSF and 4000+ new employees and
possibly a convention center will surely cause a significant increase
in solid waste by anyone's measure.
Thanks for considering these issues yet again. I know we are
all eager to have a GEIS, findings and recommended SLUD language
that adequately address concerns so that the Town Board can move
positively on the SLUD bringing these several years of effort to a
fruitful conclusion.
•
•
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