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Home My WebLink AboutTB Correspondence 2016It's- MYA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town. ithaca. ny. us January 25, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottorn of this form. Please Initial it you would like to Correspondence - Item receive a copy 1. Letter from Ellie Stewart re call for action to limit impacts of deer on our environment 2. List of repairs needed at post office .. .......... 3. Certificate of Completion continuing judicial education - Klein TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING February 8, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1 1. Letter from Bob Reilly reporting dangerous use of Sand Bank Road 1 2. Highway Capital Project Status Report 3. Letter from Cayuga Laker Watershed 10 requesting priority watershed issues and project ideas 1 4. Letter from US Census Bureau re upcoming Government Units Survey Please initial if you would like to receive a copy TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING February 8, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1 1. Conifer year-end documents for PILOT 2. Letter from Donna Carr, resident, to FCC and Town (as Time Warner franchising authority) re complaint 1 3. Letter from NYS DOT re request for speed limit reduction on E King 4. Letter from city re changes to N Tioga Street between Commons and Cascadilla for bike lanes 5. Year-end statistics from TCAC 6. Canal Clean Sweep notice Please initial if you would like to receive a copy TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING March 18, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. Letter from Paulette re resident (Chris Kim) complaint about Sapsucker Tank and the proximity to his house. 2. Letter from Ann Sullivan re proposed elimination of parking spaces on Tioga Street to support safer biking 3. Letters from NYS PSC regarding public hearings for proposed increases to NYSEG delivery rates and rates Please initial if you would like to receive a copy TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING April 8, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item Please initial if you would like to receive a copy 1. Email string from John Howard Foote re Forest Home wall repair 2. Letter from David Kuckuk re Forest Home wall and walkway 3. Letter from Mark Flescher, NY Homes and Community Renewal re Confer Village at Cayuga Meadows and low income housing tax credits for the project 4. Letter from the Park Foundation re Grant #16-127 in the amount of $47,732 for Sustaining Sustainability through Intermunicipal Collaboration 5. Email from Iva Lesky re garbage along lower Towerview Road 6. Email from B Goodman to town board re saving the old house on Coddington Road 7. Letter from C Balestra requesting Town of Ithaca lead agency status for Maplewood Redevelopment Project 8. Letter from Frank Pavia, Harris Beach, re DSEIS for the Black Oak Wind Farm Project 9. Highway Capital Project Status Report 10. SPCA dog seizure report 11. Notice from Governor's Office of Storm Recovery finding no significant impact and notice of intent to equest release of funds: Conifer Village at Cayuga Meadows 12. Erie Canalways 2015 Report TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING April 22, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. Email from Thomas Smith, Harris Beach, re proposed moratorium on two-family homes 2. Letter from Margo Schoeps, Black Oak Lane Homeowners, re proposed Maplewood development 1 3. Notice re special meeting of town board, April 15th 1 4. SPCA dog seizure report .01 Ci FA Please initial if you would like to receive a copy TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING May 6, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Please initial if you would like to Correspondence — Item receive a copy 1 1. TCAD memo re PILOT for Therm at South Hill Business Campus 2. Cornell Hydropower Project Relicensing Pre -Application Questionnaire 3. NYS PSC Clean Energy Standard program informational sessions TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING June 13, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. Letter from resident against solar installations in MDR 2. Petition from residents along E Shore Dr. re.: parking 3. Photo — unknown sender and topic (no note or anything) 4. Letter from resident re.: Maplewood Development and issues 1 5. TCAC Dog Seizure Report Please initial if you would like to receive a copy 1 6. Cass Park Usage 2015 1 1 7. Invitation to ReLeaf Conference 1 8. Cayuga Lake Watershed thank you for your support card TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING June 27, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item Please initial if you would like to receive a copy 1. Email from Catherine Wagner re concerns about Maplewood Apartment redevelopment project 2. Email from Kris Hodges re concerns about Maplewood Apartment redevelopment project 3. Email from Gino Cascioli re Pine Tree Road closure 4. Email from Mark Anbinder re Pine Tree Road closure 5. Email from Sara Hess re Maplewood Apartment redevelopment project 6. Email form Kathryn Russell re Maplewood Apartment redevelopment project 7. Email from Nancy Schuler re railings missing from East Hill Rec Way between Honness and Mltchell 8. TCAC Dog Seizure Report 9. TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING July 8, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item Please initial if you would like to receive a copy 1. Letter from Svante to Bill re waterfront parks and rec facilities 2. Letter from Bill to Adam Jacobstein, 114 Clover Ln, re his request for sidewalk to the southern side of Mitchell between city and Clover 3. SPDES permit application from DEC for Robert H Treman State Park 4. Comments from Joe Wilson to Planning Board regarding Maplewood redevelopment project 5. Letter of resignation from JYC from Jonathan Gomes Selman 6. Letter from Cornell to City re pursuing a new license for hydroelectric plant at Fall Creek 7. Petition from Chemung Canal Trust, 909 Hanshaw Rd, for reassessment TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING August 12, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Please initial if you would like to Correspondence — Item receive a copy 1. Filed 2. 3. 1 4. Resolution from Town of Groton in support of TCAT 5. Invitation from supervisors of towns of Somerset and Clayton to information seminar re industrial wind and solar energy projects and Home Rule Ci FA TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING August 18, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. Request for a "little free library" at Pew Trail 2. Notice of termination — Park Lane Water Main Project 3. Notice of termination — Christopher Circle Water Main Project 4. Contract Compliance Letter to DeVincentis re.: Sapsucker Woods Water Main Project 5. Reply to Resident re.: Ithaca Beer comments not received in time for public hearing last meeting 6. Dog Seizure Reports 7. Gas Free Seneca letter E:� Please initial if you would like to receive a copy TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING September 12, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Please initial if you would like to Correspondence — Item receive a copy 1. Email from Joe Wilson re county's Greenhouse Gas and Energy Use Inventory update as it relates to upcoming proposed projects in town 1 2. Letter from Cayuga Lake Watershed 10 w/ invoice TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING September 23, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. Letter to Gerald and Patricia Hall denying request for sewer line extension on Route 96 1 2. Letter from Cayuga Lake Watershed 10 w/ invoice 1 3. Proclamation from City of Ithaca in support the EACH Woman Act 4. Serendipity Catering: Request for waiver of 30-day municipality notification of application for liquor license 1 5. David Klein: Certificate of Completion, Continuing Judicial Education 1 6. TCAD request for $1000 investment Please initial if you would like to receive a copy TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING October 14, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 www.town.ithaca.ny.us CORRESPONDENCE LISTING November 7, 2016 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Please initial if you would like to Correspondence — Item receive a copy 1 1. Petition to Stop Short -Term Rentals in Renwick Heights �1��/��AT|��T��T |�A�� N.Y.i�Q�� ._....~~~.`... ..~~~~'.~~...^_^_.'.....~~`....�""" yyyyyy.town. `th acB.DV.Us December 9,2Q16 Please review the following correspondence and indicate, by placing your initials in the right hand column adjacent tothe correspondence that you wish toreceive ecopy. VVecan forward a copy toyou via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Please initial if you would like to Correspondence — Item 1 . Letter to Gov. Cuomo in support of mandatory rededication of LGRMIF monies 2. Letter to USPS denying their request for maintenance of PO lobby door per our contract 3. Letter from NYSDOT denying speed limit reduction on E King Rd 4. Dryden proposed Solar Energy local law TOWN OF ITHACA CONSERVATION BOARD 215 N. Tioga Street Ithaca, N.Y. 14850 www.town.ithaca.ny.us/conservation-board January 7, 2016 Dear Supervisor Goodman: For more than ten years, the Conservation Board has researched and discussed ways to respond to the increasingly urgent need to limit the impacts of deer on our environment. We note that this issue has attracted growing attention throughout the state; within Tompkins County, as you know, the villages of Trumansburg, Lansing, and Cayuga Heights, and Cornell University, have implemented successful measures to address this need. In August 2014, we submitted to the Town Board a'White Paper' (attached) discussing the results of our research and describing the methods adopted by other municipalities and landowners to reduce the impacts of large deer populations on the environment and on public health and safety within their areas of control. Iwo To date, the Town of Ithaca has not acted to take up the challenge presented by this issue. This Board, in its meeting of December 3, 2015, determined to urge the Town to engage, as soon as possible, in a concerted, responsible, and coordinated effort to join with adjacent municipalities, landowners, and natural area managers to reduce the negative effects of deer browsing and tick - borne disease. We stand ready to assist the Town Board in formulating a course of action that will best and most effectively serve the interests of the Town and its residents and property owners in this matter. Please do not hesitate to call on us for this purpose. We look forward to meeting with you at an upcoming Town Board meeting. Sincerely, Ellie Stewart Chair, Conservation Board f,..N �� of 17,,�, q9 TOWN OF ITHACA CONSERVATION BOARD 215 N. Tioga Street Ithaca, N.Y. 14850 4' W 'ja To: Supervisor Engman and Town Board Members From: Ellie Stewart, Conservation Board Chairperson Re: Report on Deer Overpopulation Date: August 7, 2014 In order to address the critical issue of deer over population in our Town, the Conservation Board has produced a report, enclosed within, enumerating salient concerns and measures for your immediate consideration. it is the will of this Board that steps be taken on this matter swiftly as residents within our Town are suffering the consequences of our inaction. A report addressing the same issue was drafted by this Board in 2004 without any perceptible change in policy. In this latest report we review new, relevant literature and studies, and enumerate practical steps of action. The Conservation Board will make itself available to answer questions and address concerns for the Town Board or individual members throughout a productive dialogue on this matter. Thank you for your time and attention. :a A Report for the Town Board Prepared by Town of Ithaca Conservation Board August 7, 2014 DEER IN ITHACA: An updated review of science and a call for action Photo by Joan Ehrenfeld overabundant deer grazed the undergrowth of this forest until nothing was left. The browse line, the upper height they can reach, is on clear display. Our Concern Since the November 4, 2004 Conservation Board (CB) report for the Town Board on "Deer in the Town of Ithaca," it has become increasingly clear that the actions then proposed by the CB have been ineffective. Ten years ago, the CB imagined deer might be managed by fencing in gardens and landscape plants, thereby offering deer less to eat. But even if this had been effective in protecting personal property, it would only redirect foraging deer to open spaces not protected by fencing. We acknowledge that such actions are impractical. While whitetail deer are a native species, two main factors have resulted in their overpopulation (1) the absence of once native predators, and (2) a decline in hunting activity. The Department of Environmental Conservation has noted in their current Management Plan for White -tail Deer that since the 1980s there has been a 40% reduction in the number of people participating in deer hunting (NYS DEC 2011). Since most hunters hail from rural areas (Lauber B 2000, Enck et al. 2011), the urbanization of New York's population has resulted in a general attrition from the sport. These factors have increased the deer population to a point that the regional ecosystem is being degraded with compounding rapidity (DiTomasso A 2014, NYS DEC 2011). What this results in are a decline in floral diversity, a decline in forest ecological health and an increase in the abundance of invasive plants. The persistently high deer population also translates into more vehicle/deer collisions, greater losses of crop yields and a more robust tick population capable of spreading disease. Aldo Leopold's concept of a "Land Ethic" advocates for a clear, objective observation of nature. We see clearly that nothing truly natural remains in natural areas where an overpopulation of deer exist. A clear and careful observation of our natural areas will show that an animal without predators, especially one as voracious as the Eastern White -tail Deer, requires humans to step up to their responsibility as stewards of nature. Now that wolves and big cats can no longer keep deer in balance with the land, it is our ethical duty to do so. Ecological Concerns This region is surrounded by the "Emerald Necklace" of preserves, parks, and natural area sanctuaries, but if it remains fair deer -browsing territory, it will eventually harbor an increasingly unsustainable herd of malnourished and diseased whitetails degrading the landscape. Further, once native plant species have disappeared, they will have no seed source for their return. Restoration efforts to reintroduce species are labor-intensive and expensive. McShea and Rappole (2000), researchers with the /Oft�l Smithsonian National Zoological Park and the Smithsonian Conservation Biology Institute, have observed how deer overbrowsing destroys habitat availability for multiple species of birds. The insects and birds that depend on plant hosts are already disappearing, and they will continue to be "edged out" as their food source becomes further depleted. In short: deer over -browsing has far-reaching effects throughout the whole regional ecosystem. The loss of biodiversity in natural areas has been associated with an increase in the emergence and transmission of infectious diseases, a costly result of deer -degraded habitats. While opossums have been proven to buffer the deer -tick vector of Lyme disease, as they are poor hosts for the tick and kill the vast majority of ticks attempting to feed on them, these animals are absent from many degraded low -diversity forests, leaving more space for the white-footed mouse, which is able to survive the loss of biodiversity and tends to make disease transmission worse. As Keesing et al (2010) note: "current evidence indicates that preserving intact ecosystems and their endemic biodiversity should generally reduce the prevalence of infectious diseases." Economic Considerations Car -Deer Collision In 2013 one of the nation's largest automobile insurance companies, State Farm, reported that New York State drivers struck over 71,368 deer over the previous 12 month period ("U.S. Deer -Vehicle Collisions Decline"). Notwithstanding the deflating issues of unreported deer/automobile vehicle accidents, this number provides scope for the extent of what is ultimately a regional issue. The same report indicates that drivers in the state have a 1 in 157 chance of hitting a deer. But, as data is aggregated for the state as a whole, it is very likely that odds are much higher for drivers in upstate, P"`N rural New York. For local perspective; in the same year Tompkins County Highway Department removed 155 dead deer from their roads. While these figures have implications for public safety and the inhumane suffering of animals, it is the economic element to which we would draw your attention. A thorough study of collisions with wildlife (deer, elk and moose) in 2009 found that the average cost of car repairs resulting from striking a white- tailed deer was $2,622 (Huijser M 2009). The average medical costs associated with such accidents were $2,700, adjusting for the type and likelihood of injury. Assuming normal distribution for the severity of the accidents cited above, it can be reasonably estimated that collisions with deer on Tompkins County roads resulted in a cost of $825,000. Lyme Disease Another issue blurring the bounds of public health and economic loss is that of Lyme disease. The cost of treating the illness can be reduced by skipping the expensive blood test, but not all victims of infected tick bites show the typical bulls -eye rash symptom. Therefore, people found with a tick fully engorged may be advised by doctors to take antibiotics on simple presumption of infection. It is alarming to note that there are reports of Post Treatment Lyme Disease Syndrome, indicating that antibiotic therapy may not always provide adequate remedy. In 2002, it was estimated that $203 million was spent on the treatment of Lyme disease in the United States (Zhang et al 2006). Costs for individual cases can run into the thousands or tens -of -thousands of dollars, depending on how protracted the illness becomes (Zhang X 2006). Recent research has also shown that ticks are likely to spread not only Lyme disease, but babesiosis, a potentially lethal microscopic parasite, as well (Hersh M et al 2014). Tourism That tick bites can cause such disabling conditions could make out -door recreation and tourism much (006� less appealing. Natural areas may also become less appealing as deer over -browsing and its subsequent trophic cascade cause the extinction of native plants and animals in degraded open spaces. If Ithaca loses the native species characteristic of this locality and becomes just another tick -infested, over - browsed landscape, tourists interested in outdoor recreation may find fewer reasons to come here to enjoy its local beauty. Agriculture Figures on the economic burden deer cause in agriculture, timber and horticulture industries are harder to verify in our region. Nationally estimates of losses caused by white-tailed deer in these industries were reported by Drs. Paul Curtis and Kristi Sullivan of Cornell University at 1.1 billion dollars (Curtis P 2011). Hunting On the other side of the ledger there are economic benefits to bringing sportsmen and women to our region to help manage deer populations. The New York State Department of Environmental Conservation's Deer Management Plan cites economic data on such benefits: $410.9 million spent annually on retail sales, $221.4 million supporting salaries and wages and $61.3 million dollars gathered in state and local taxes (NYS DEC 2011). Recommended Actions: In light of recent research, the risks in human health, financial costs and the increased urgency of the problem posed by a persistently growing deer population, the Town of Ithaca Conservation Board strongly recommends that the Town Board move swiftly to adopt and implement the following actions: !"+1 A Ad Hoc Committee Al Form an ad hoc committee tasked to draft a deer management plan that complements initiatives of adjacent municipalities. Key points within the plan would specify a target density of deer, or reduction in the number of deer/car accidents. Further, it should delineate areas of active management taking into consideration the new setback distance for archery hunting (150 ft.) A2 Coordinate efforts with city officials, the Natural Areas Commission and Cornell Plantations Natural Areas program to enhance program effectiveness. Among the points discussed with the City should be the establishment of a hunting site(s) within the Six Mile Creek Natural Area. A3 Establish an unbiased online resource center for residents who want to learn more about the why and how of deer management efforts. Capacity Building C1 Develop a website that provides a forum for landowners and hunters to connect. Similar sites exist under the management of municipalities, private businesses as well as state agencies. C2 Apply to the DEC for nuisance hunting permits for town property, and engage local hunters to facilitate taking. This action would be coupled well with an outreach program to landowners with more than 15 acres on how they can successfully apply for nuisance permits. Importantly, this would entail clarifying the legal distinction between Deer Nuisance and Deer Damage Permits from DEC. C4 For smaller potential hunting sites consider the use of permitted trap and kill methods. Recommended Policies/Practices P1 Set regular meetings with town stakeholders to maintain collaborative progress and facilitate P"`� information sharing. P2 Informing, and/or incentivizing, how landowners within the town can allow hunting on their lands. P3 Educate town residents about the extent of whitetail deer damage in the trophic cascade: "sanctity of life" should include plants, insects, birds in ecosystems ruined by over -browsing. The Conservation Board is committed to being an active and engaged partner with the Town Board. We would like to offer our help gathering information, data and other resources in support of the Town's efforts on this issue. ka Works Cited DiTommaso A, Morris SH, Parker JD, Cone CL, Agrawal AA. 2014. Deer Browsing Delays Succession by Altering Aboveground Vegetation and Belowground Seed Banks. PLoS ONE 9(3): e91155. doi:10.1371/journal.pone.0091155 New York State Department of Environmental Conservation. 2011. Management Plan for White-tailed Deer in New York State. Albany: Bureau of Wildlife. Lauber, T. B. and T. L. Brown. 2000. Deer hunting and deer hunting trends in New York State. HDRU Publ. 00-1. Dept. of Nat. Resources, N.Y.S. Coll. of Ag. and Life Sci., Cornell Univ., Ithaca, NY. Enck, J. W., R. C. Stedman, and D. J. Decker. 2011. Statewide deer hunter survey — 2010. HDRU Publ. 11-01. Dept. of Nat. Resources, N.Y.S. Coll. of Ag. and Life Sci., Cornell Univ., Ithaca, NY. Curtis, P, Sullivan, K. 2001. "Wildlife Management Factsheet Series: White-tailed Deer." Cornell Cooperative Extension,1-6. The Aldo Leopold Foundation. Aldo Leopold: His Life, His Work, His Legacy. www.aldole000ld.org Al Cambronne. March 11, 2014 "Can't See the Forest for the Deer: To cull or not to cull? That is the question towns increasingly face." The Wall Street Journal, available online at: htt online.wsl.com/news/articles/SB10001424052702304704SO4579429583302400534 Devine, J.E, Manhart, H.E, Guinther, M, March 19, 2014 "Forget Cute Bambi; Too Many Deer Function as Locusts, "Wall Street Journal" Letters to Editor, p. A16 available online at: http://on l i ne.ws i.co m/news/articles/S B 1000142405270230491490457943762061585137O?K EYW 0 RDS=Forget+Cu to+Bam b i+too+M a nv+d eer+Fu ncti on+as+Locusts& me=reno64-ws i McShea, W. J., Rappole, J.H. 2000. "Managing the abundance and diversity of breeding bird populations through manipulation of deer populations." Conservation Biology: 1161-1170. U.S. Dept. of Health and Human Services, National Institute of Health's National Institue of Allergy and Infectious Diseases, "Chronic Lyme Disease," http://www.niaid.nih.gov/tonics/lvmedisease/understanding/pages/chronic.asr)x updated 9/27/13 Zhang, X., Meltzer, M. I., Pena, C. A., Hopkins, A. B., Wroth, L., & Fix, A. D. 2006. Economic impact of Lyme disease. Emerging Infectious Diseases, 12(4), 653. Hersh, M, Ostfeld, R, McHenry, D, Tibbets, M, Brunner, et al. 2014. Co -Infection of Blacklegged Ticks with Bobesia microti and Borrelio burgdorferils Higher than Expected and Acquired from Small Mammal Hosts. PLoS ONE 9(6): e99348. doi:10.1371/journal.pone.0099348 Keesing, F, Belden, L, Daszak, P, et al. 2 December 2010. "Impacts of biodiversity on the emergence and transmission of infectious diseases." Nature, vol. 468, pp 647-652. Published online 1 Dec 2010 at: http://www. nature.com/nature/iournal/v468/n7324/full/natureO9575.html Town of Ithaca Conservation Board. 2004. "Deer in the Town of Ithaca: Benefits, Negative Effects, Amelioration" EMCOR Customer Solutions Center LISPS Landlord Maintenance Program CIO EMCORIC8RE 4050 East Cotton Center Blvd, Suite 40 Phoenix, AZ Customer Solutions Center e5o4o Contact phoho ne number of bottom of letter Fax: 866-705-3094 vv w%wemcorgroup.com 01/13/2016 CERTIFIED MAIL: 70153010000040821602 RETURN RECEIPT REQUESTED And Via FIRST CLASS MAIL 113 TOWN OF ITHACA 215 N TIOGA ST JAw 15 L ItJ ITHACA, NY 14850-4357 rowN OF ITHA(cA s SUBJECT: ITHACA DOWNTOWN STATION ITHACA, NY 14851-9997 Maintenance Required Dear TOWN OF ITHACA: The following is an itemized list of the needed repairs Call 1933839 — Problem 2426563: Two front lobby doors have broken hinges which are not allowing the doors to close completely. This is allowing cold air to enter the facility. Please remember that any repair and alteration work involving disturbance of asbestos -containing materials (ACM) or lead -based paint (LBP) is subject to Occupational Safety and Health Administration (OSHA) requirements; other federal, state, or local requirements may also apply, depending on facility location. Please contact the undersigned immediately to discuss any known or suspected asbestos or lead issues relating to any repairs. Please make arrangements for the repair(s), and notify the postmaster or installation head at the leased facility (tel. (607) 375-6004) of the date to expect the repair personnel on site. For security purposes, advise individuals requiring access to any Employee Only areas to be prepared to show a picture ID. Please have this work completed no later than 02/1312016. Should you fail to complete the work, the Postal Service has the legal right to contract for the work, and the cost, plus any administrative fee and appropriate interest, will be reimbursed by you or deducted from your rent. If you have any questions, please contact me by email (preferred) at angelina.v.havermahlausps.gov or by phone at (602) 685-4765 and reference the problem number (above) on any correspondence. Please be sure to notify me upon completion. Thank you in advance for your attention to this matter. Sincerely, C ,6 1�. " V�l Angelina Havermahl USPS Landlord Maintenance Program cc: Real Estate Specialist/Permanent Lease File `Paulette Terwilliger r, From: Bill Goodman Sent: Monday, February 01, 201610:56 AM To: Paulette Terwilliger Subject: FW: SAND BANK ROAD --DANGER! Hi Paulette, for the Correspondence File. Thanks, Bill From: Bob Reilly rmailto:reillyassoc@yahoo.coml Sent: Sunday, January 31, 2016 6:43 PM To: Bill Goodman Cc: Rod Howe Subject: SAND BANK ROAD --DANGER! 1/31/2016 Gentlemen: `aft` am writing to report the very dangerous use of Sand Bank Road. Since last summer, my wife and I have used Sand Bank Road to visit our family a couple of times each month. To travel this road at anytime is frightening but when you encounter a DESCENDING SKATE BOARDER as he rounds a curve or a DESCENDING 18 WHEEL TRACTOR/TRAILER at the crest of the hill, coupled with the everyday exposure to the steep grade and embankments, switchback curves, and the lack of guard rails, it becomes a totally unsafe, hazard filled experience. Something needs to be done ( immediately) to improve conditions on the road. SIGNS, YELLOW FLASHING LIGHTS, VIDEO CAMERAS, SPEED BUMPS, ADDITIONAL GUARD RAILS are methods that might be considered. I hope you will be as concerned as I am and implement additional safety features. Bob Reilly reillyassocC@yahoo.com n 1 f February 8, 2016 Town of Ithaca Town Board Agricultural Committee Codes and Ordinance Committee 215 N. Tioga Street Ithaca, NY 14850 Re: Use of our Low Density Residential Zoned Property on West King Road for Allowed Uses Dear Town of Ithaca Officials and Neighbors, read the letter from Claire Forest dated January 15, 2016 to the Town Board and Agricultural and Codes and Ordinance Committees with great frustration. It is an intentional misrepresentation of our property and our practices. As such, we are compelled to respond in writing to her claims. I would urge the Town Board and the committees receiving this letter to appreciate this situation for what it is and not grant undue weight to Claire Forest's complaints when considering the drafting of new ordinances to govern Low Density Residential areas. As I told the Codes and Ordinance Committee at their December 9, 2015 meeting, John and I could have moved anywhere in the country last spring. John works from home in agricultural regulatory and government affairs consulting and I work only part-time in a job share position at Cornell. But we specifically chose to move to Ithaca and set down roots here because of the culture supporting independent food production and the friendship we already had with like- minded people. We specifically sought a property where we could raise animals and create a large vegetable garden. We checked with the Code Enforcement Department for clarifications before starting any projects on our property. They informed us that we are zoned as Low Density Residential and are allowed to keep "domestic animals" as defined in Chapter 270-5 (Article III): Domesticated horses, ponies, donkeys, sheep, cattle, llamas, goats, pigs, ducks, geese, chickens, swans, turkeys, rabbits, cats, dogs, or other domesticated animals found to be of a similar nature by the Zoning Board of Appeals, kept and maintained for personal use rather than for commercial uses, and not generally available for sale. From nearly the moment we arrived in our moving truck our neighbor across West King Road, Claire Forest, started visiting us whenever she saw us outside. The first day she came up the driveway to tell us our truck would "fill her house with exhaust." It was already off and more than 300 feet from her house. Over the following weeks we had nearly daily visits from Claire. She expressed concerns about our children playing in the sand box, our plan to keep animals for food, the planting of fruit trees, the tilling and fencing of a vegetable garden, and the trimming of trees, amongst other issues. She was very concerned that we were assuming we had agricultural rights that we did not have because we are only zoned Residential, but she is Agricultural. Finally, I assured her that we had checked with the Town on our rights related to all of our projects and that she didn't need to worry or visit us anymore. We didn't hear anything else from her until the last week of October 2015. With nearly 5 acres of open, rolling, grass -covered land and an ideal soil (Howard Gravelly Loam) for vegetable gardening and orchard trees, we can raise most of the fruit, vegetables, meat, and eggs that we consume for a good part of the year. In our first summer in Ithaca, we raised an abundance of tomatoes, sweet corn, winter squashes, sweet peas, beans, onions, potatoes, and other vegetables in our own garden. We also have produced all of our own meat and eggs for the past six months. We value the food we produce on our property as a healthier and more flavorful option than mass-produced alternatives and we find a lot of joy and fulfillment in raising it ourselves. During the summer of 2015 we raised 4 pigs and a mixed flock of ducks, chickens, turkeys, and guineas. We outfitted an unused pool house (about 300 feet from the road) located behind our house with laying boxes and made it our coop. We use electrified netting to contain the birds and allow them to pasture. The electrified netting is always adjacent to the coop at all times to give the birds access to location for egg -laying and rest. Therefore, they have never been kept in front of our house. We have also never seen our birds escape to the area in front of our house. They have certainly never been in West King Road. Claire describes "a sudden influx of the Fournier's guinea hens" that "inundate(ed) the neighborhood with chaos, often surging up into West King road (sic)" in her letter. This is simply not true. John works from home and I work only part of the day each Wednesday to Friday, so we are home more often than not. I have never seen domesticated poultry (mine, or my neighbors') in my front yard, nor in West King Road, a well -traveled and high speed road. Our pigs were kept in a secure pen about 800 feet from the road and down a hill from our house. Claire did not know they existed until I mentioned them to her in September and by then we only had 3. They were all in our freezer by the time our 8 sheep arrived in broad daylight on November 2. We purchased 4 wether Iambs to put in the freezer and 4 ewe Iambs to start our small flock of eco-friendly "lawn mowers." Our neighbors to the north and south were present and we never tried to hide them. The sheep were kept in movable electric netting in the front yard (over an acre of open grass) for a little over a week while we modified the pig pen as a permanent winter enclosure for them. During that week Claire contacted Code Enforcement to complain about all of our animals and when Bruce Bates came to visit we were told to move our sheep's' shade shelter to the back yard. We complied immediately. During the last week of October, I ran into Claire at Wegmans and she harangued me about "ruining the peace" in the neighborhood. This was our first and only complaint from any neighbor. She reminded me that she had told us not to raise roosters or guineas and told me that her "workers" were bothered by the birds. I apologized but she wanted to know what we would "do about it." I assure you that if I felt that the birds were potentially a nuisance or threatening good relations with a neighbor, I would be prepared to get rid of them. But I don't believe either because every improvement on our property has bothered Claire. So I reminded 'am` her that we are allowed to have chickens and guineas in Low Density Residential areas in the Town of Ithaca - we do not live in the City where they are banned. As a vegetarian, Claire is opposed to the raising of animals for meat. I would encourage the Town to not allow the philosophical beliefs of one person to govern the practices of a neighbor. I am encouraged that the Town is considering allowing chicken hens to be kept in Medium Density Residential areas. However, I would discourage the Town from drafting new ordinances that would restrict the current rights of inhabitants in Low Density Residential areas to keep chickens, guineas, or pea fowl based on a single complaint arising from a disagreement amongst neighbors. Additionally, drafting ordinances that restrict the number of birds, especially those kept out of view of the public on large properties, is not only unnecessary but also bound to be a waste of the Town resources required to enforce it. So far the COC has heard overwhelming from citizens supporting the right to keep chickens. Contrary to what was represented in the January 15 letter, I did not coordinate visits to the COC from anyone. I met Laura Johnson -Kelly and Jane -Marie Law for the first time on December 9. My neighbor, John Lewis, attended because he also keeps chickens and would be impacted by the law that was in draft by the COC. I am not a rabble-rouser and these people attending the meeting all had their own opinions and interests in being heard. I hope you that will take their concerns into consideration individually. I am enclosing an annotated aerial image of our property for reference. The topography is not flat, though it may seem to be. From West King Road the property rises in elevation slightly to the house and then drops gradually about 30 — 35 feet in elevation to the sheep enclosure. I would encourage anyone who still has questions after this letter to contact us and/or arrange to visit our property. Or simply stop, look, and listen at the end of our driveway the next time you pass us on West King Road. Decide for yourself. Sincerely, Christine and John Fournier 331 W. King Road Ithaca, NY 14850 Phone: (607) 220-6047 Email: christine4nier@gmail.com Enclosure: Annotated Aerial Imagery of 331 West King Road r"1 To: Supervisor Bill Goodman, Town of Ithaca CC: Mike Solvig, Town of Ithaca Finance Officer Rich De Paolo, Town of Ithaca liaison to the Joint Youth Commission From: Lorraine Moran and Christianne White, JYC Representatives, Town of Ithaca Date: February 9, 2016 Re: 2016 Funding Recommendations The Tompkins County Legislature approved an over -target request (OTR) at its November meeting to support the County Youth Services Department's Municipal Youth Services System. This OTR was approved as target dollars (ongoing, not just one-time) and means the Towns of Ithaca and Caroline will receive more county funding than had been anticipated aqhen you passed your Town budget in November. Table 1 below shows the updated amounts of both County and State ;venue for 2016. At its December meeting, the Joint Youth Commission adjusted its recommended allocations to include the OTR amounts. We are therefore requesting that the Town amend its budget with these new amounts (table 1) and also adjust the contracts with the agencies that will be providing services for young people in 2016 (table 2). Through these budget recommendations the Joint Youth Commission continues our commitment to offering a wide variety of youth programs in our community to complement and balance the services offered by the school and other community organizations. To the maximum extent feasible, young people will be involved in planning, implementation, and evaluation of the programs offered. The Youth Commission has listed the following as service priorities to be carried out by our program providers: First Time Employment Programs that would increase employment opportunities for youth with a focus on youth who are between the ages of 14-18 and who are first time job seekers. Employment Training Employment training opportunities including job readiness workshops designed for the middle school population. Healthy Personal Development and Life Skills Community based programs during non -school hours to encourage healthy personal development and life skills as well as promoting community involvement "ur four recommended programs and agencies will implement programming to meet our first time Youth Employment programmatic priorities as detailed in their renewal applications serving approximately 290 Joint Youth Commission Youth. As a Commission we continue to review the program implementation through monitoring visits, monthly reports and bi-annual attendance at our monthly meetings by the program staff. We also continue to help programs troubleshoot program issues, gather community youth needs assessment information, and ensure our programs are reaching youth from our communities. As a commission we work hard to ensure that our programming supports youth development for youth through the most cost effective means as possible. In 2015, we recommend continuing the single contract process. We believe it has worked well and hope it is serving your needs. This contract will allocate all County Youth Services funds to the Town of Ithaca on behalf of the Town of Ithaca, Town of Caroline, Village of Lansing and Village of Cayuga Heights. The Villages of Lansing and Cayuga Heights & Town of Caroline will agree to transfer State youth development funding directly to the Town of Ithaca. The Town of Ithaca will make the appropriate payments of support to the organizations that run the approved programs for JYC. The Joint Youth Commission roster has vacancies at this time: two for Town of Ithaca residents and one for a Town of Caroline resident. We continue to reach out in the community to find volunteers willing to seek appointment to the Commission. In the meantime, Christianne White and Lorraine Moran serve as your Town of Ithaca Joint Youth Commission representatives, along with Sandie Grooms, at -large, and Jonathan Gomes Selman, youth representative. " `t this time, Kris Bennett, Youth Services Planner, serves as the liaison from the County Youth Services Department. lease feel free to contact Kris at County Youth Services, 274-5310 or kmbennett@tompkins-co.org. Thank you for your ongoing support of these important services and supports for our young people. Table 1 2016 Revenue forJYC Municipalities Working budget, fall, 2015 Revised Dec. 2015 with additional approved County OTR County to JYC (T. Ithaca, V. Lansing) $17,485 $26,916 County to Caroline $9,207 $14,173 County OTR (one-time) for career readiness $20,000 $20,000 NYS youth development funds to T. Ithaca $2,955 $2,955 NYS youth development funds to V. Cayuga Heights NYS youth development & recreation funds to V. Lansing $640 $640 NYS youth development & recreation funds to T. Caroline $751 $751 Town of Caroline contribution $15,300 $15,300 Village of Lansing contribution $15,500 $15,500 Town of Ithaca contribution $88,052 $89,813 TOTAL $169,890 $186,048 Table 2 Contract agencies for 2016 and JYC recommended funding levels JYC recommend. Sept. 2015 T. Ithaca Board allocations, Nov. 2015 JYC revised recommend. Dec. 2015 Coddington Road Summer Youth Employment $10,673 $10,673 $13,135 Cornell Coop. Extension Youth Employment Program (staff/program) $43,773 $77,487 $43,773 Cornell Coop. Extension Payroll Expenses for youth salaries $5,000 $5,000 Cornell Coop. Extension Youth Salaries (T. Ithaca, V. Lansing) $22,716 $28,714 Cornell Coop. Extension Youth Development Program $42,317 $43,163 $43,163 Learning Web Comm./Career Exploration/Apprenticeship Program $43,111 $43,111 $44,997 SUB -TOTAL $167,590 $174,434 $178,782 T. Caroline Youth Salaries (funding level decided by T. Caroline) $2,300 $2,300 $7,266 TOTAL $169,890 $176,734 $186,048 The additional recommended funding to Coddington Road Community Center will extend the program from four weeks to five for the 8 young people participating in summerjobs and building job skills. The increase to the Learning Web provides a badly needed cost -of -living increase and partial restoration; since 2011, their funding had been cut by $10,699. The Caroline Town Board opted to use its share of the County OTR for additional youth employment slots. TOMPKINS COUNTY HIGHWAY DIVISION 170 Bostwicl,�Roacl, Ithaca, NY 14850 * � 607-274-0300 „ FAX 607:-272-8489 i; 3 1, February 11, 2016 Dianna L. Graser, PE NYSDOT Transportation System Operations Engineer 333 East Washington Street Syracuse, NY 13202 Re: Speed Limit Request Dear Ms. Graser, ,,., Please find enclosed a request for a reduced speed limit on East King Road, between Rt. 96B and the Elizabeth Anne Clune Montessori School, in the Town of Ithaca. The appropriate TE 9a, Resolution, and Petition are submitted for your review and action. 0 Please do not hesitate to contact me, at (607) 274-0300, if I can assist further in your determination. Sincerely, Jeffrey-B. Smith Highway Director Enclosures cc w/o enclosures: Paulette Terwilliger, Ithaca Town Clerk JS/gll Paulette Terwilliger Subject: FW: Forest Home Wall Email string regarding the Forest Home Wall repair/replacement in chronological order From: John Howard Foote [mailto:jhf25@cornell.edul Sent: Thursday, February 11, 2016 12:34 PM To: Jim Weber; Dan Walker (dwalker labella c.com) (dwalker@labellapc.com) Cc: krupertOa aimnet.ora Subject: Forest Home Wall Jim and Dan, Bruce gave me a quick report of the discussion at the Public Works committee on Tuesday. It is my understanding that more detailed ideas regarding the wall will be presented to the Town Board on March 21. Two comments: 1. I hope and expect we will have an opportunity to review these proposals prior (i.e. a week or so before) the meeting. 2. As l stated in my email to you dated 11 / 16, we have serious concerns about the alternative that entails moving the wall and lowering the sidc%� iElk: a. This design puts pedestrians on the s;imc �_,rade as traffic and places them in both real and perceived danger. b. This design involves the taking and repurposing of our property; we have no intention of granting a ROW for this alternative. c. Also, I am a bit confused about why this alternative is being considered given in meetings with Town officials over the last 18 months there was agreement that not only would the wall be replaced in its current location, but also the sidewalk would remain in its current location. This was reinforced at our meeting on December 1 Vh when we together reviewed the document below: Kc\ points with respect to the rehab of the Forest Horne Drive wall prepared by John Foote December 2015 N11.110sc (4 1hL' NN'all--Whilc tlic house does shake when an 18 wheeler slams m_niinst the wall. this is 1101 caur oA crri�f111_ roncVrIE the primary objectives of replacing/refurbing the wall is safety (pcolilc and property ) and ac"thctics. 2. Location of NNaII—It is our understanding the Forest Home Traffic Cnlniin�! Plan. which was developed in conjunction with the Town, states that the wall is to in w, current location. Further, in meetings with Town officials we agreed that not only would the wall Pu icilaced in its current location, but also the sidewalk would remain in its current location. 3. NYSDOT design requirements --It is our understanding that NYSDOT does not have spec:il'ic recommcnclations/requirements for walls less than 3 ft. tall, and therefore our 2 ft high wall can be designed according to "local" requirements. 1. N`- idth of Sidewalk —The Forest Home Traffic Calming Plan calls for walkways in Forest Home to Inc a maxinrmn of 4 ft wide and for narrower (e.g., 3 ft) walkways where they are not immediately ir(Ijaccnt to the road, such as in the vicinity of the S-curve. 5. I-'encing—We cannot envision a design that both a) meets the requirements set forth in the NYSDOT desiL-n manual, and b) is practically and aesthetically acceptable. The fact that that walkway is elevated should and needs to suffice. In our view, fencing should be explicitly excluded front the scope of the project. See also # 2, above. 6. forest Home is a designated State and National Historic District, and Forest Home Drive is an ol'ficially designated Scenic Byvv ay. This may have a bearing on the design. 7. Traffic restrictions —A necessary part of this project must be the elimination of the use of this section of Forest Home Drive (i.e., bridge to bridge) by large trucks, including 18 wheelers Thanks. I look forward to hearing from you. JHF From: Jim Weber [mailto:JWeberCa)town.ithaca.ny.usl Sent: Friday, February 12, 2016 8:08 AM To: John Howard Foote; Dan Walker (dwalker@labellapc.com) (dwalker@labellapc.com) Cc: krupert0aimnet.orci; Bill Goodman; Rod Howe Subject: RE: Forest Home Wall Mr. Foote, Thank you for this information. Your past comments were presented to the PW Committee as part of the presentation along with the alternatives as required by the RFP/contract with Labella. The presentation to the Town Board will be a more formalized version of the information presented to the PW Committee, including comments/suggestions from the committee, along with costs for construction and long term maintenance. The Town Board will be reviewing the information prepared by Labella, along with your comments and concerns, and making a determination on how to proceed. Once materials have been prepared and submitted to the Town I will provide you copies to review and your presence at the Town Board meeting on March 215Y to express your thoughts and concerns. Jim Jim Weber From: John Howard Foote [mailto:ihf25@cornell.edul Sent: Thursday, March 17, 2016 5:54 PM To: Jim Weber; Dan Walker (dwalker@labellapc.com) (dwalker(alabellapc.com) Cc: krupert(0aimnet.org; Bill Goodman; R Howe Subject: RE: Forest Home Wall Jim, should I assume (given we have not seen any materials) that the wall will not be discussed at the Town Board meeting this coming Tuesday? JHF From: Jim Weber [mailto:JWeber@town.ithaca.nv.us] Sent: Friday, March 18, 2016 7:03 AM To: John Howard Foote; Dan Walker (dwalker(&labellapc.com) (dwalker(@Iabellapc.com) Cc: krupert0aimnet.or4; Bill Goodman; Rod Howe Subject: RE: Forest Home Wall W Mr. Foote, This item will be discussed at the Monday meeting of the Town Board. LaBella is making adjustments to the report to clarify the options and costs that the Town Board will be considering. The meeting will begin at 4:30 and will be at Town Hall. Jim From: John Howard Foote [mailto&f25(c cornell.edu] Sent: Friday, March 18, 2016 7:26 AM To: Jim Weber; Dan Walker (dwalker(dlabellaoc.com) (dwalker(&labellapc.com) n Cc: krupert@aimnet.org; Bill Goodman; R Howe; brucebrittain@verizon.net,, dkuckuk@twcny.rr.com Subject: RE: Forest Home Wall Jim, does this mean that we as the property owners will not have an opportunity to review the options before they are presented to the Board? (This is not the process we were told would be used.) r'**►Also, due to a business travel commitment I will not be able to attend the Monday meeting. JHF From: Jim Weber [mailto:]Weber(5)town.ithaca.nv.usl Sent: Friday, March 18, 2016 7:49 AM To: John Howard Foote; Dan Walker (dwalker(&Iabellapc.com) (dwalker(&labellapc.com) Cc: krupert0aimnet.ora; Bill Goodman; Rod Howe; brucebrittain@)verizon.net; dkuckuk@twcny.rr.com Subject: RE: Forest Home Wall Mr. Foote, The options that will be presented to the Town Board on Monday are the same options that were presented to the Public Works committee. As discussed at the Committee meeting the consultant needed to revise the presentation and include costs for both construction and maintenance, these numbers needed to be adjusted on the draft that I had received and that is what the consultant is doing. You will receive the same information that the Board receives and right now the report is not ready to present to the Board. It is not uncommon for information or reports to be given to the Board at the beginning of a meeting. Jim From: John Howard Foote Sent: Friday, March 18, 2016 8:12 AM To: Jim Weber <JWeber@town.ithaca.ny.us>; Dan Walker (dwalker@labellapc.com) (dwalker@labellapc.com) <dwalker@labellapc.com> BSc: krupert@aimnet.ore: Bill Goodman <BGoodman @town.ithaca.ny.us>; Rod Howe <rlh13@cornell.edu>; brucebrittain@verizon.net; dkuckuk@twcnv.rr.com Subject: RE: Forest Home Wall Jim, I assume you will be including in your report that we (the property owners) have serious concerns about the alternative that entails moving the wall and lowering the sidewalk. This option puts pedestrians on the same grade as traffic and places them in both real and perceived danger. Further, this option involves the taking and repurposing of our property; we have no intention of granting a ROW for this alternative. (See my email to you of Feb 11.) Also, where and when do you envision involving us and the community, as stakeholders, in this discussion —see email from Herb below. From: Herb Engman [mailto:HEngman@town.ithaca.ny.us] Sent: Monday, September 21, 2015 3:56 PM To: John Howard Foote Subject: RE: Forest Home Wall John, my answers to your questions below. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: John Howard Foote [mailto:jhf25(-@cornell.edu] Sent: Monday, September 21, 2015 3:47 PM To: Herb Engman Subject: RE: Forest Home Wall Herb, thanks. Several initial questions: JHF W 1. Who constitutes the "Forest Home Wall Task Force"? To Be Determined. I would like a representative sample of stakeholders, not a huge group. We can make public presentations to larger audiences. 2. Will Kristen and I (as well as members of the community) be afforded the opportunity to review the "3 to 4 Options for the wall design" before a decision is made by the Task Force (presumably) as to which option will be fleshed out with respect to design and cost? Absolutely. That is one reason for the options — to have choices to consider. 3. When do you expect the work covered under the scope of this RFP to be completed? That depends on the response of the chosen bidder. We'll work out timing. It should be a matter of months, not years. NEW YORK STATE OF OPPORTUNITY. De-partment �ia� Transp®rtaLi'A 1 n Honorable Paulette Terwilliger Town Clerk of Ithaca 170 Bostwick Road Ithaca, NY 14850 Dear Ms. Terwilliger: February 23, 2016 RE ANDREW M. CUOMO Governor MATTHEW J. DRISCOLL Commissioner KEVIN BUSH P.E. Acting Regional Director SPEED LIMIT REDUCTION TOWN OF ITHACA ti , Thank you for your February 11th request for a speed limit reduction on East King Road from Route 96B to the Elizabeth Anne Clune Montessori School in the town of Ithaca. A formal investigation will be conducted at the above location. Upon completion of the investigation, you will be notified of the results and our determination. Please be aware that our review requires sufficient field investigation and analysis to assure a proper response. Your interest in this matter is greatly appreciated. Very truly yours, 1 Kevin C. Bush, P. E. Acting Regional Director CC' Jeffrey Smith, Highway Director, Tompkins County Highway Division Daniel Klein, Tompkins County Legislator, District 7 Will Burbank, Tompkins County Legislator, District 12 LYMAN AND LYMAN, LLC ATTORNEYS AND COUNSELLORS TOLL FREE: 866-350-5623 ❑ 51 NORTH MAIN STREET ALBION, NEW YORK 1441 1-1 296 TEL: (585) 589-5623 FAX: (585) 589-7292 r f` o NATHAN M.LYMAN Email: nathan.lyman@lymanandlyman.com Town Board of the Town of Ithaca and James Weber, Highway Superintendent 215 N. Tioga St. Ithaca, NY 14850 City of Ithaca Common Council and Michael Thorne, Superintendent of Public Works 108 Green Street Ithaca, New York 14850 Jeremy Thomas, Senior Director Cornell University Real Estate Department 15 Thornwood Drive Ithaca, NY 14850 Email: jt675 &,,cornell.edu re: failure to maintain culvert end of Eastwood Ave. Dear Sirs: REPLY TO Z 1 322 E. STATE STREET ITHACA, NEW YORK 1 4850 TEL: (607) 31 9.531 4 FAX: 607.272-5765 February 18, 2016 CURTIS L. LYMAN, SR. (1926-1992) On February 16, 2016, a significant flooding situation occurred on Eastwood Ave, resulting in a torrent of water flooding my property and basement located at 1322 E. State St. For reference, please find a map showing this area. My property is 11 L-8.10, through which a channel/waterway (depending on which law you look at) runs. This channel is about 40 -50 feet wide and about 10 feet below the grade of my lawn and gardens at its edge. To the north of my property is 317-319 Eastwood Ave, 111.-8-6 owned by Parshley. Northerly and easterly of the lands of Parshley are 11 L-8-7.2, 112.-2.27.2 and 60.-1-34.2 owned by Cornell University. 11 L-8-7.2 is a small road area that crosses the channel/waterway that runs through my property, and which drains all of the uphill properties northerly and easterly, well into the Town of Ithaca. At the point of the 7.2 parcel, the dividing line between the town and the city appear to split the property, although the GIS snap attached seems to show that the channel/waterway is on the Town's side. The 7.2 parcel is the access point to 34.2. I spoke at the public hearing last year at the Town regarding my concern with the ability of this channel/waterway to accept new flows when there was discussion of upland development; it apparently cannot handle the flows that are present. The roadway goes over what appears to be a large culvert. On the north side of that roadway, the culvert appears to be about 20 feet below the road, and the channel is about 50 feet wide. On 2/16/16 this culvert became blocked by debris, causing the water to pond and back-up. At some point the pond exceeded the bank and started to flow downhill rather than through the channel/waterway. Some water diverted down Eastwood Ave causing a river like flow down Route 79 with ponding in the state road; a significant portion went down the bank to the south. My wife noticed a stream of water proceeding across our lawn and called me to come home. When I arrived there was a large flow of water. I tried putting some barriers in place to force it into the channel through a garden and prevent it from further flooding my patio and going into my basement, which worked for a brief time. I also put in place a small skimmer pump to remove water that had entered the patio. Minutes later, I heard some pounding, and shortly thereafter a wall of water proceeded down the hill. See attached picture; I also have video that I would be happy to share. I later learned that the overflow of water had broken the basement window of Mr. Parshley's house to the north and flooded into his basement. The pounding was the fire department opening the basement to prevent the house from having the basement wall collapse due to the pressure. The wall of water overflowed my existing drainage system and quickly established barriers, flooded the patio and entered my basement. There was damage to my basement contents. It appeared that Mr. Parshley's damage was much more severe. I spoke with a neighbor, Mr. Weiner who told me that early in this situation he called the Town, and that the Town of Ithaca refused to respond saying that it was the City's problem. The City also said that it was the Town's problem, but did respond; the Fire Department assisted my neighbors and the highway department brought in sandbags and equipment to move them into place. This ultimately diverted the water flow back into the channel/waterway. I do want to express my appreciation for the remedial actions taken by the City in bringing the flooding under control. The cause of the flooding is a failure to maintain the culvert. No doubt this will occur again unless it is fixed. The property owner under which the culvert runs is Cornell. Debris from upstream originates in the Town of Ithaca, in which the vast majority of land is owned by Cornell. The water flows down and inside the City. Town of Ithaca Law §59.4 states the Public Works Department is responsible for "the construction, improvement, repair, care, and maintenance of the Town's parks, trails, walkways, sidewalks, highways, bridges, sluices, waterways, [and] culverts for drainage..." City of Ithaca Law §282-1 finds that in order to serve the public interest and minimize threats to the environment and to public health and safety, it is imperative to regulate stormwater runoff. Property owners are taxed by the City for stormwater runoff, and in return the City is responsible to maintain adequate stormwater facilities. As the upland property owner, Cornell is responsible to prevent trespass of water and nuisance causing property damage, and has in my opinion been negligent in this duty. It is up to the two municipalities and Cornell to sort out their respective responsibilities, but it appears to me that all have failed in their duties to taxpayers and neighbors regardless of where the fault is apportioned. The purpose of this letter is to put all of you on notice of the deficient conditions in the maintenance of this culvert and the trespass/nuisance it has created. I believe that each recipient of this letter is jointly and severally responsible to rectify this situation. Please advise as to the remedial action that will occur. Time is of the essence in resolving this; if left untreated it is likely that the situation will happen again in the spring melt. Very truly yours, In LLC y an NML/bhs enclosure Lf LJ U) D co tj cli T Secretary to the Commission Hon. Kathleen H. Burgess Secretary to the Commission New York State Public Service Commission Empire State Plaza Agency Building 3 Albany, NY 12223-1350 Phone: (518) 474-6530 Fax: (518) 474-9842 Email: secretary@dps.ny.gov Franchising Authority for Time Warner Cable The Town of Ithaca, 215 N. Tioga St., Ithaca, NY 14850, ID# NY0091, Federal Communications Commission (FCC) Office of the Secretary 445 12th Street SW Washington, DC 20554 Office of the Attorney General The Capitol Albany, NY 12224-0341 February 29, 2016, Updated March 3, 2016 To Whom It My Concern: Public Affairs Office James Denn Public Information Officer New York State Public Service Commission Empire State Plaza Agency Building 3 Albany, NY 12223-1350 Phone: (518) 474-7080 Fax: (518) 474-0421 Email: web.guestions@dps.ny.gov As you can see by the above addresses, I've contacted everyone I could think of to help resolve the Time Warner Cable debacle. I am filing this letter today, with you, as a current user of Time Warner Cable Services DVR set -top box, internet modem and channel services in Ithaca, N.Y., Tompkins County. It has come to my attention through various forms of advertising and many phone calls that because of the change to all -digital format, Time Warner Cable is forcing users to lease digital adapters (without their digital adapter no television). I've been told the following: 1. First year is free 2. Thereafter, you will be billed about $3.50 (1 also heard about $2.00+) per month, on top of the television fees you already pay_ If you have additional television(s) connected directly to the cable you must also lease adapters for those as well. They are saying that the change requires THEIR "digital adapter" only. (i am not sure if Time Warner is the only cable operator charging for Digital Adapters.) 3. In my research, I see digital adapters (Amazon, Ebay, etc) but have been told they are not supported on Time Warner Cable service (and I'm relatively sure that's by design). 4. Time Warner will not sell at retail their digital to analog adapters, opting for monthly payments that drive up the cost of service with no ending date. The requirement from Time Warner Cable requiring me to lease a digital adapter is completely contrary to the Federal Communications Commissions' stated goals of bolstering support for retail devices so that consumers may access cable services without leasing (additional) equipment from their cable operators. A truly competitive marketplace for retail navigation devices such as the digital adapter simply cannot develop as long as cable operators like Time Warner Cable continue to engage in conduct that erects barriers to the use of retail navigation devices in violation of the spirit of Section 629 of the Communications Act. My experience just shows the challenges cable subscribers too often face in seeking to connect and operate retail equipment rather than operator provided equipment. Cable service in Tompkins County is very costly and Time Warner's offer of �..� one year gratis on their digital adapters, though gracious, does nothing to ease the burden to already cash strapped households whose only entertainment outlet may be cable television. I urge the Commission and the franchising authorities to look into this and the availability of retail navigation devices. At the same time, I might suggest that you look into Time Warner's promise of more channels, at a higher cost of course, with many of those channels having duplicate programming. If I recall correctly that when they were allowed to increase channels, they mentioned there would be no duplicate programming. My last exchange with TWC about duplicate channels was the fact that the company arranged the channels in "groups" to further aide subscribers. That says nothing about duplication of programming. I hope to hear from someone soon regarding these matters. Sincerely, b6W Donna M. Carr 136 Seven Mile Drive, No 30 Ithaca NY 14850 Dcarr7@twcny.rr.com r. 229 Forest Home Drive Ithaca, New York 14850 607-280-0365 March 18, 2016 Town of Ithaca Board 215 North Tioga St. Ithaca, NY 14850 Re: Forest Home Wall and Walkway Town Board Study Session Agenda Item March 21, 2016 Dear Members of the Town Board: Thank you for your consideration of the most appropriate approach to repairing or replacing the locally -famous but badly deteriorated wall at the bend of Forest Home Drive between the two one lane bridges. Since 1985 we have lived at 229 Forest Home Drive directly across from the wall. We also own and have recently fully renovated the adjacent house at 233 FHD. We strongly support the replacement of the wall in its current location and configuration with the r, addition of an appropriately scaled walkway on the upper grade level. -The wall serves an effective traffic calming function in a neighborhood besieged by substantial and (occasionally) less -than -considerate traffic- -The elevation change provides a secure remove from vehicular traffic for the significant amount of foot traffic. -The visual characteristics of the wall have long been subsumed into the historic character of the neighborhood. In our three decades here we are unaware of any significant traffic issues related to the wall in this configuration other than the difficulty of large vehicles (primarily large box and semi trucks) negotiating the corner. Noting that such vehicles are in violation of roadway (not bridge) weight limits and the local "no truck zone" (our thanks to the Sheriff and Cornell Police for their efforts to help manage this) we also ask that the Town work with us to reinforce the existing controls on large vehicles to reduce their impact on the neighborhood, particularly at this corner. We look forward to your discussions and are happy to answer any questions as we are able. Sincerely, David J. Kuc ?AIA DK/tih NEWYORK STATE OF OPPORTUNITY. ANDREW M. CUOMO Governor March 22, 2016 Homes and Community Renewal Mr. Bill Goodman, Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 JAMES S. RUBIN Commissioner/CEO Re: Conifer Village at Cayuga Meadows Dear Supervisor Goodman: The New York State Housing Finance Agency intends to provide a mortgage loan in support of the above referenced Project. The Project will consist of 68 units of senior housing to be located on West Hill Drive, Ithaca, in Tompkins County. Pursuant to Section 42(m)(I)(A)(ii) of the Code, we hereby notify you that this Agency anticipates allocating Low Income Housing Tax Credits to the Project. If you would like to comment on the awards of tax credits for this project, please provide your comments in writing to me at the address below. Mark Flescher Vice President, Special Projects 641 Lexington Ave, New York, NY 10022 i www.nyshcr.org r r''4N -?AD PARK 20%5 FOUNDATION ApR a TOWN0�� A £s RAGE �"E.P March 23, 2016 Mr. William Goodman Ithaca Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Grant #: 16-127 Dear Bill: I am pleased to inform you that the Trustees of the Park Foundation (the "Foundation"), in furtherance of the Foundation's mission, have approved a grant of $47,732 to the Town of Ithaca for Sustaining Sustainability through Inter -Municipal Collaboration. This action has been taken in response to, and in reliance on, your letter and proposal received by the Foundation on January 22, 2016, and this grant is made on the terms described below. As required by section 501(c)(3) of the Internal Revenue Code, your organization must use all grant funds provided to it by the Foundation solely for educational, scientific, or charitable purposes. The objectives of this grant, as indicated above and described in the background material you have provided, may be modified only with the Foundation's advance approval. No grant funds may be used by your organization for purposes of influencing elections or conducting voter registration drives, and no grant funds have been earmarked for either of those purposes. Your organization cannot expend any part of the grant in any way that violates federal or state law or subjects your organization or the Foundation to any penalty or loss of tax-exempt status under the federal tax law or other laws governing the use of charitable funds. If this is a project grant, no portion of the Foundation's grant funds may be used for the purpose of influencing legislation. If this is a general support or operating support grant, the IRS limitations on expenditures for the purpose of influencing legislation apply. Grant payment cannot be made until the countersigned copy of this letter is received. For your convenience, we have enclosed a copy of our Grant Reporting Form; copies can also be downloaded from our website at www.parkfoundation.org. Please note that the completed Grant Reporting Form should be sent to the Foundation by electronic or surface mail. Failure to provide overdue reports from prior grants may delay payment on current grant or consideration of future grants. The enclosed Grant Reporting Form and any additional correspondence should be sent to Jon M. Jensen, Executive Director, and should reference the grant number (16-127). The Park Foundation is committed to reducing its environmental impact and conserving resources as part of our organizational sustainability initiative. When there are press releases, photographs, and published material about this grant and the work it has supported, we would appreciate receiving electronic copies or links sent via email. Please use your discretion regarding hard copies. Please review the enclosed schedule and contact information and confirm that it is correct. Park Foundation Inc. P.O. Box 550 Ithaca, New York 14851 7e1: 6071272-9124 Fax: 607/272-6057 ©100%post-consumer fiber www.parkfoundation.org so INK i Totally chlorine free PJ It is our understanding that the Town of Ithaca is a governmental agency established under the laws of a particular state or local governmental body for the conduct of public affairs and therefore is not subject to federal income tax. If there is any change in this status or classification as a governmental agency after the date of this agreement, you agree to let us know promptly. In the event of any loss of status of change in classification, no further expenditures of grant funds provided by the Foundation may be made and any unspent grant funds must be returned promptly to the Foundation. The understandings set forth in this letter are based on the information your organization has provided to us. Those understandings are essential terms of this agreement. If this letter correcJtly sets forth the terms on which your organization accepts this grant and there has been no change in the IRS status and classification of the Town of Ithaca as indicated above, please countersign this letter, copy for your files and return the original to the Foundation. Sincerely, J1 n M. nse E tive erector JMJ:tyc Enclosure Cc: Mr. Svante Myrick, Ithaca Mayor Mr. Nick Goldsmith, Shared Sustainability Planner The Town of Ithaca hereby accepts the grant described above on the terms set forth in this letter and agrees to abide by all of its representations and agreements stated above. Printed Name: Signature: Title: Date: 3. /"� Payment/Reporting Schedule Organization: Town of Ithaca Grant #: 16-127 Payment Amount Estimated Payment Date Grant Reports Due $47,732 3/31/2016 3/31/2017-Final Report Grantee Contact Person(s): Mr. William Goodman, Ithaca Town Supervisor Mr. Nick Goldsmith, Sustainability Planner *Please advise the Foundation of any changes to the contact person(s) related to this grant. Please Note: Grantee should completely expend funds before submitting final report narrative/accounting. If an extension is required, please contact the indicated program staff person for approval prior to report due date. Failure to provide scheduled reports from prior P.q grants on time may delay issuance of payment on current grant(s). Debra DeAugistine From: Iva Lesky <ilesky@lightlink.com> Sent: Thursday, March 24, 2016 4:21 PM To: Debra DeAugistine Subject: question/suggestion for town board Dear Ms DeAugistine, Could you share the following with the Town Supervisor and the Board Members, as well as anyone else who would be interested? As you probably know there is a lot of garbage along lower Towerview Rd and along Rt. 79 between Towerview and Honness. The garbage on Towerview was definitely left last summer by visitors to the Reservoir..Now that Spring is here, and the visitors will return; I am concerned that the garbage will attract more garbage. It looks like the startof a dump. Perhaps the Town could include those roads in its Spring road cleaning and then put up signs that said something along the lines of "No littering per State Law. Violators subject to $250 fine." Perhaps a clean ditch and a sign like that will encourage people to take their garbage home. Thank you! Iva Lesky 127 Westview Lane - 607-592-0365 /,O%N Paulette Terwilliger rom: Bill Goodman Sent: Thursday, March 31, 2016 5:02 PM To: E Levine Cc: RDepaoloContact; PLearyContact; R Howe; Rich DePaolo; PBleiwas; THunterContact; Susan Ritter; Bruce Bates; Paulette Terwilliger Subject: Re: Heads Up re: 341 Coddington Road Hi folks am typing on my cell phone so will be brief. A part of me still wants to see if there is any way we haven't thought of yet to try to save That Old House. Some of us will be together Friday afternoon for the Econ Dev Cmte tour of the SH business campus. Anyone want to spend a few minutes afterward (and before the County Dems party downtown at 5) brainstorming what options we might have? If more than 3 of us want to talk I'll figure out in the morning how to advertise it as a public meeting since we'll have a quorum. Pat will be recovering from surgery in PA so won't be able to join us. If anyone who is not on the tour wants to join by speakerphone we can call you. No action would be taken, just discussion. On Mar 31, 2016, at 7:47 AM, Eric Levine <elevinetown@Rmail.com> wrote: To me this all underscores the rationale for a moratorium. And I think the petitioning process could open up some good dialogue between builders and the Town because based on their persons to be heard comments, they believe they are building exactly what the Town needs and wants. ASN"K Eric Sent from my iPhone On Mar 30, 2016, at 8:50 PM, Rich DePaolo <rd@richdeypaolo.com> wrote: I'm not sure what grounds his waiver would be predicated on, but the board would have to consider various criteria including harmony with existing neighborhood character. It is hard to imagine how replacing a historic 1840 farmhouse with a so-called "student special" would not constitute a disharmonious development. The moratorium is being considered because our current system is broken. Whether or not one more bunker is shoehorned -in before potential adoption is insignificant compared to the overall improvements that we hope to make (and damage we hope to forestall) during and after the moratorium. -------Original Message ------- From: Patricia Leary <pi 17 @cornell.edu> To: Bill Goodman <BGoodman@town.ithaca.ny.us> Cc: Rod Howe <r1h13@corne1l.cdu>, Rich DePaolo <RDePaolo@town.ithaca.n .us>, E Levine <ELevineTown@gmail.com>, PBleiwas <PamTownithaca@gmail.com>, THunterContact <tdhl2344@hotmail.com>, Susan Ritter <SRitter@town.ithaca.ny.us>, Bruce Bates <BBates@town.ithaca.ny. us>, Paulette Terwilliger<PTerwilli.er@town.ithaea.ny.us> Subject: Re: Heads Up re: 341 Coddington Road Sent: 30 Mar ' 16 6:41 pm Has he considered a waiver? I wonder if it might be better to grandfather projects that were at sae consideration, not just with footers poured. This might prevent a rush before the moratorium is , ,se Sent from my Wad On Mar 30, 2016, at 3:08 PM, Bill Goodman <BGoodman@town.ithaca.ny.us> wrote: Hi Town Board, wanted to give you a heads up that Orlando Iacovelli has withdrawn his request to subdivide his parcel at 341 Coddington, and plans to resume demolition of the 184 house that is there currently, so that he can try to get a building permit for one of his student - rental 2 unit structures and get footers poured before the moratorium takes effect. The Planning Board was trying to get him to agree to not demolish the house for a year and just build his student special on the adjoining newly created lot, but because Orlando is afraid he couldn't get everything done in time to get that started before April 11, he's not going to seek the subdivision at this time. I've been trying to figure out a way with staff to try to save the 1840s house but haven't come up with anything yet, so it may get demolished in the next feA days. Of course, Larry Fabbroni, who works for Orlando, is saying that the demolition is the Town Board's fault because we are considering the moratorium, so I wanted to let you know what was happening in case someone asks you about it. AN IO ,ON %, TOWN OF ITHACA 215 N. Tjoua Strect, Ithaca, N.Y. 14850 wwwAown.ithaca.ny.us 'r{M`N CLIiRK?7 3-1721 11IG1IWAY (RO0ILIS- PiIFKS- "I'Mik, W ItCi & Se�wcr) 373-1050 1,NGIN1',I`RING 273-1747 PLANNING 27''-1747 /0NING 273-17�, FAX (607)?73-17o4 Town Planning ['roject No.: 16-03-846 TO: Involved Agencies: Kenneth Lynch, Regional Director, NYS Dept. of Environmental Conservation Region 7 Ruth L. Pierpont, Director, New York State Office of Parks, Recreation & Historic Preservation Edward C. Marx, Commissioner of Planning, Tompkins County Planning Department Jeffrey Smith, Highway Director, Tompkins County Highway Department Elizabeth Cameron, Director of Environmental Health, Tompkins County Health Dept. arrick Blalock, Chairman, City of Ithaca Planning & Development Board William B. Goodman, Town Supervisor, Town of Ithaca Town Board FROM: Christine Balestra, Planner;( DATE: April 5, 2016 - RE: Maplewood Redevelopment Project REQUEST FOR LEAD AGENCY STATUS The Town of Ithaca has received an application for Site Plan Approval and a zoning change for a Planned Development Zone (PDZ) for the proposed Maplewood Redevelopment Project, which has been determined to be a Type I Action under both the State Environmental Quality Review Act, 6 NYCRR Part 617 (SEQRA), and Chapter 148, Environmental Quality Review, Town of Ithaca Town Code. In an effort to coordinate review under SEQRA, your Board or Agency has been identified as having "approval" authority over some aspects of this project. It is the Town of Ithaca Planning Board's intention to act as Lead Agency in this review. Enclosed is a Full Environmental Assessment Form (Full EAF), Part 1, along with supplemental project information provided by the applicant. These are the minimum materials required under SEQRA for lead agency coordination. It is respectfully requested that you advise within thirty (30) days of your consent to the Town of Ithaca Planning Board serving as the Lead Agency for this project. The Planning Board will undertake Lead Agency status at that time in the event that you do not respond within thirty (30) days. If you have any questions regarding the above matter, please contact me at (607) 273-1747, or by email at cbalestra@town.ithaca.ny.us. Enc cc: Julie Conley Holcomb, City Clerk, City of Ithaca JoAnn Cornish, Director of Planning & Development, City of Ithaca Thomas Parsons, Fire Chief, City of Ithaca Fire Department Jeremy Thomas, Senior Director, Cornell University Real Estate Scott Whitham, Whitham Planning & Design, LLC Ellie Stewart, Chair, Town of Ithaca Conservation Board Fernando DeAragon, Executive Director, Ithaca -Tompkins County Transportation Council -/Joseph Turcotte, General Manager, Tompkins Consolidated Area Transit Teri Phelps, NYS DEC Region 7 Cortland Office 10S 2 April 8, 2016 By e-mail.- BGoodmanna,town.Ithaca. nv us Ithaca Town Board Attn.: Supervisor Bill Goodman 215 North Tioga Street Ithaca, NY 14850 RE: Proposed Moratorium on Two -Family Homes Dear Supervisor Goodman: HARRIS BEACH ATTORNEYS AT LAW 119 EAST SENECA STREET ITHACA, NY 14850 (607)273-6444 THomm P. SMITH DIRECT: (607) 330-7725 FAX: (607) 273-6802 TPSMITH@HARRISS EACH.COM This office has been retained by Mr. Ronald Ronsvalle to appear on his behalf in opposition to the proposed moratorium which will be the subject of a public hearing on Monday, April 11, 2016. The proposed law would clearly deprive Mr. Ronsvalle, and many landowners like him, of the use of their property. If enacted, the proposed moratorium would negate the settled r'"ftNt expectations of landowners who have invested significant time, energy and money in planning and developing new and renovated residential properties in reliance upon the Town's existing laws. A moratorium is designed to preserve the status quo and can only be justified where a brief pause is necessary (i) for a municipality to develop a comprehensive plan or zoning ordinance or (H) in the case of genuine crisis or emergency. Here, there is no such justification. There is no emergency. The Town already has a fully developed zoning ordinance and comprehensive plan. Mr. Ronsvalle does not propose implementing a new type of land use, industry or technology. Rather, he intends to construct the type of affordable and safe residential housing that has been constructed in the Town for many, many decades. As such, the proposed moratorium does not preserve the status quo, but destroys it. The proposed moratorium is facially defective in that it discriminates between owner - occupied and non -owner occupied properties. See Section 3(C)(providing that the moratorium does not apply to owner -occupied structures). Town Law § 262 provides that zoning regulations cannot discriminate between landowners based on their characteristics, but must be "uniform for each class or kind of buildings throughout the district." A Syracuse ordinance was recently struck down for discriminating between owners on this basis. See Tupper v. City of Syracuse, 93 A.D. 3d 1277 (0 Dept. 2012). Likewise, Section 4 of the proposed moratorium — by establishing that certain owners may obtain waivers from the Board — violates the fundamental requirement that all land owners be subject to the same rules. The waiver provision will inevitably result in "spot zoning" whereby certain projects are favored over others at the whim and discretion of the Town Board. This fact alone readers the proposed moratorium unconstitutional. See Lake Rlyria Corp. v. Town of Gardner, 43 A.D. 2d 386 (P Dept. 1974)(the court struck down a moratorium on Ithaca Town Board HARRIS BEACHig April 8, 2016 ATTORNEYS AT LAW Page 2 permits for commercial development because Town Board retained discretion to make exceptions to the ban). Further, the proposed moratorium is defective because: The proposed law does not serve a valid pubic purpose. The Town already has comprehensive zoning. A moratorium passed in response to the unfounded complaints and fears of a small number of residents is not a valid exercise of municipal power. See Cellular Telephone v. Village of Tarrytown, 209 A.D.2d 57 (2"d Dept. 1995) • The proposed law does not distribute the burdens equally among all members of the community but imposes them only upon those landowners who have purchased land with the intent to renovate or construct two-family, code - compliant housing. • In the circumstances, the proposed one-year moratorium is not a reasonable time - frame. Mr. Ronsvalle provides clean, safe, affordable and code -compliant housing to many r..� residents of the Town. He is extremely responsive to the Town's concerns and those of his tenants. He wants to continue to work responsibly in cooperation with the Town to provide this much needed housing. The proposed moratorium would have a devastating effect on Mr. Ronsvalle's business, and he requests that the Town Board not adopt the proposed law. Thank you for your consideration. cc: Client 1p�, April 12, 2016 To: Rod Howe, Assistant Town Supervisor/Liaison to the Planning and Transportation Committees From: Margot Schoeps, Co -President Black Oak Lane Homeowners, 925 Mitchell Street Ithaca, NY Re: Maplewood Project Dear Rod, As a co -president of the Homeowners Association Board for the Black Oak Lane Condominiums on Mitchell Street, I am voicing concerns of the of Black Oak Lane residents in the matter of the planned Maplewood apartment development. The current Maplewood site plan with the architectural design, and particularly large buildings planned along Mitchell Street, will threaten the nature of a treasured historic neighborhood. Putting a 4 story apartment building across the length of the Maplewood site on Mitchell would destroy the character of the Belle Sherman neighborhood. Any planned development on Mitchell Street must take into consideration the unique character of this neighborhood as well as the safety of the school children on East Hill. On the other hand, placing large structures on Maple Avenue would be consistent with the nature of already existing structures there and place Cornell students closer to their activities. Given your role in workable transportation Systems, you represent an important voice in the planned project. More traffic going down the Mitchell Street hill past Bell Sherman School is certainly not in the interest of children and safely. We would be happy to meet with you to get your views in this matter and appreciate in advance any partnership in preserving the history and safety of local neighborhoods. Thank you for being willing to be of service to the community by hearing concerns and taking action. Respectfully, Margot Schoeps, co president Black Oak Lane Homeowners 914-500-5375 Paulette Terwilliger rom: Bill Goodman,°" Sent: Monday, May..23;°2016 12:27 PM To: Susan Ritter; Paulette Terwilliger Cc: ScottrAtham Subject: Maplewood Redevelopment -----Original Message ----- From: LouisJ. Billera [mailto:billera@cornell.edu] Sent: Wednesday, April 13, 2016 5:23 PM To: Bill Goodman; Rod Howe Subject: Maplewood Redevelopment 925 Mitchell Street, #5 Town of Ithaca, NY April 13, 2016 Bill Goodman, Town Supervisor Rod Howe, Deputy Town Supervisor Town of Ithaca, NY .Or. Goodman, Mr. Howe, We are residents of Mitchell Street in the Town of Ithaca, living just east of Cornell's Maplewood Housing. We have been following with interest as the plans for the Maplewood redevelopment have progressed. While, of course, there are serious issues about the impact of a project as large as this, our primary concern is that the proposals that we have seen do not adequately take into account the nature of the existing neighborhood, both in the Town and the City. The north end of the site is on Maple Avenue, which has Cornell's heating plant, a power substation, several Cornell office buildings and workshops, as well as three apartment buildings and the Maple Hill Apartment complex. On the other hand, Mitchell Street, on the south end, is primarily residential, with mostly single- family homes on its entire length, down to East State Street. There are currently no apartment buildings on Mitchell Street in either the Town or the City. Each of the proposed Maplewood plans that we have seen has 4-story apartment buildings placed on or near Mitchell Street. In fact, as these plans have progressed, more of these larger buildings have been moved to the south end. This would completely change the character of this neighborhood. Frankly, it would be jarring to have apartment buildings providing a gateway to the Town of Ithaca from the Belle Sherman neighborhood. There are ways to overcome the problems we have described without sacrificing the overall scope of the project. The apartment buildings can be relocated to the north end, by Maple Avenue, or to the middle of the development area, so as to reduce the visual impact from Mitchell Street. This would have the additional benefit of moving the residents of the town houses, who are most likely to be family groups, closer to the elementary school to the est. We hope the approval process that has begun will take this issue into account as it progresses to a final site plan for this project. 00%\ Joseph M. Wilson 75 Hunt Hill Road Ithaca, NY 14850 May 2, 2016 Comments regarding Draft EIS Scoping Document from EdR Trust Collegiate Housing Planning Board Meeting Date, May 3, 2016 [as read at the Board meeting] To Members of the Town of Ithaca Planning Board, I have reviewed the contents of tonight's agenda packet as it pertains to the EdR/Cornell Maplewood redevelopment project. I offer the following comments: The Maplewood redevelopment appears to be a part of a much larger project. This must be taken into account in "scoping" the Draft Environmental Impact Statement especially regarding energy, greenhouse gas emissions, air quality, and public health. According to press accounts which include statements attributed to knowledgeable sources and Cornell University plans, the Maplewood renovation is the first of a phased residential -mixed use development project on parcels of Cornell land clustered in and around the East Hill Plaza. Other phases appear to include (2) 380 Pine Tree Road, (3) "Ithaca East/Maple Hill," and (4) "East Hill Plaza/East Hill Village."t The significance of this is that under the State Environmental Quality Review Act (SEQRA) the Planning Board is required to consider the foreseeable environmental impacts of an entire project rather than allow it to be divided it into constituent parts and thereby narrow the description and analysis of its impacts. This "whole project" approach has already been recommended by your Planning Department staff regarding water and sewer in its "Environmental Assessment Form (EAF), Part 3" which is part of this agenda packet.2 In its EAF Part 2, your Planning Department staff has already determined that with regard to the Maplewood redevelopment phase of the entire project, there may be a "moderate to large impact" on energy use including "the creation or extension of an energy transmission or supply system."3 Should EdR persist in its projected use of natural gas (i.e. methane),4 the implications for increased energy use, increased generation of greenhouse gases, their attendant impacts on air pollution, and the impact on public health of the pollution are all potentially "significant" as that term is applied under SEQRA. 1 "Could new apartments, streets be part of East Hill Plaza's future?" retrieved May 2, 2016, http://ithaeavoice.conV2015/05/could- new -apartments -streets -be -part -of -East -Hill -Plazas -future/; "Cornell Finally Moving Forward on Maplewood Plan, https://brancra.wordl2ress.com/2016/02/03cornell-finally-moving-forward-on-mapiewood-plan/ retrieved May 2, 2016; see also "Letter to the Town Board of Ithaca -February 3 2015 by Scott Whitham," third paragraph, 2 "EAF Part 3-Evaluation of the Magnitude and Importance of Impacts Maplewood Redevelopment..." signed by Christine Balestra, Planner, April 26, 2016, p. 7 3 "Full Environmental Assessment form Part 2-Identification of Potential Project Impacts," no. 14, b. 4 See "Maplewood Redevelopment Project...", attachment to "Letter to the Town Board of the Town of Ithaca -February 3, 2015" from Scott Witham under "Utilities" in the first paragraph: "The project will connect to public and private utilities such as ... gas...." 1/4 These effects will be magnified when the Planning Board puts them into the context of the additional phases of the entire Maplewood/East Hill Village build out. Therefore, in "scoping" this Draft Environmental Impact Statement (DEIS), the Planning Board must require that all phases of the Maplewood/East Hill Village build out be addressed in terms of their potential for having significant negative impacts on the environment. Greenhouse Gas Emissions must be identified, quantified, and mitigation of these impacts described in the DEIS. In his February 2015 letter to the Town Board, Scott Witham indicated that EdR is anticipating using natural gas (i.e. methane) in the projects And as noted by your Planning Department staff, there is no specific commitment by EdR/Cornell to use of renewable -sourced energy.6 Moreover, it is expected that "The proposed action will require the creation or extension of an energy or transmission system ...."7 As described in Mr. Witham's letter, the Maplewood redevelopment by itself will increase the units now served by gas/methane by 3.5 times (from 170 to as many as 600) and the beds served by as many as 2.6 times (372 to as many as 975).8 As noted by Planning Staff, these increases by themselves are create a potentially significant increase in energy/gas use 9 When this increase is added to that resulting from the gas to be used in one or more of the additional phases of the overall project, the increase in energy/gas use will be dramatic and undoubtedly "significant" under SEQRA. When increased energy use and/or greenhouse gas emissions (hereafter GHG) will result from a proposal, SEQRA requires that local governments identify the related, potentially significant environmental impacts and include them in either its public scoping document or its positive declaration.10 In the form they appear in your packet tonight, neither the draft scoping document from EdR/Comell nor the EAF's contain appropriate references to GHG's. It is important to note that SEQRA requires the resulting EIS to include the following descriptions: (1) a qualitative discussion of the GHG's resulting from the construction phase, (2) a quantitative description of post -construction direct emissions from the project ("typically result[ing] from combustion of fossil fuels for heat, hot water, ..." ), (3) a quantitative description of post - construction indirect emissions including "off -site production of electricity, heating, or cooling which will be used on -site ... purchased through a utility," and (4) indirect emissions from mobile sources including "trips generated by vehicles that are associated with the proposed project but not owned and operated by the project proponent" such as commuting residents.) t It is worth mentioning that this is the very kind of data which will enable the Planning Board and Town Board to understand with some specificity the degree to which this project if powered by gas will contradict the goals and principles of the Town's Comprehensive Plan and the County's Energy Road Map. 5 See "Maplewood Redevelopment Project...", attachment to "Letter to the Town Board of the Town of Ithaca -February 3, 2015" from Scott Witham under "Utilities" in the first paragraph: "The project will connect to public and private utilities such as ... gas...." 6 "EAF Part 3-Evaluation of the Magnitude and Importance of Impacts Maplewood Redevelopment..." no. 14, pp. 5-6, signed by Christine Balestra, Planner, April 26, 2016 7 "Full Environmental Assessment form Part 2-Identification of Potential Project Impacts," no. 14, b. 8 February 3, 2015 letter from Scott Witham to Town Board of Ithaca 9 EAR Part II or III or Planner comments 10 See generally, Guide for Assessing Energy Use and Greenhouse Gas Emissions in an Environmental Impact Statement, NYSDEC, July 15, 2009 11 Guide for Assessing Energy Use and Greenhouse Gas Emissions in an Environmental Impact Statement, NYSDEC, July 15, 2009, Section "C." pp. 5-9. Quoted phrase is at p. 8. 2/4 Although the Part 3 of this EAF includes a recommendation that the DEIS include such items as r�'1 "a thorough analysis of the expected energy usage, an analysis of design elements that promote energy efficiency, and an investigation of strategies to reduce energy consumption,"12 the lack of any reference to GHG's in either the draft scoping document or the EAF's, must be corrected by requiring the descriptions and analyses listed above. Because GHG's are major contributors to air pollution and which in turn negatively affect public health, they too become "significant" in SEQRA terms and must be addressed in the scoping document and EAF, Part 3. This becomes even more true when the project is viewed through the lens of the full build out involving all of the Maplewood/East Hill Village -area properties owned by Cornell, As previously submitted,13 the use of natural gas (i.e. methane) in any phase of this project contradicts community plans as expressed in the Comprehensive Plan of the Town and the recently finalized Energy Road Map of the County Legislature. The Town's Energy Goals and the County's Energy Road Map each say in a variety of ways that fossil fuel consumption and GHG emissions must be reduced while renewable energy and related technologies should replace them.14 As noted, project proponent EdR has given preliminary indication that it intends to use methane gas in the project. Concurrently NYSEG has made pubic its contention that it cannot support new development with gas without first increasing the amount of gas and pressure in the Ithaca area's gas network by building a new connecting gas pipe through Dryden and Lansing. Under the approaches of both the Town and the County, the use of natural gas/methane in any phase of this project is problematic for each of the following reasons: a. Increasing the use of methane contradicts Town's Energy Goals EC-2, 5, and 7. b. Increasing the use of methane contradicts the principles in the County's Energy Road Map. c. Credible estimates are that the methane now in local pipes comes primarily (as high as 70%) from fracking, a practice which the Town has banned. By allowing EdR to go forward using gas, the Planning Board and Town Board will in effect be endorsing the increased use of fracked gas in the Town. d. Cornell Professor Emeritus Tony Ingraffea and current Cornell Professor Bob Howarth have already estimated that the emissions to be generated by the Dryden -Lansing Pipe will destroy any chance of meeting the County's GHG reduction goal of 80% reduction by 2050.15 e. Likely, it will do the same to Cornell's carbon neutrality goal since each phase of this project will be on Cornell lands will be, therefore, included in the goal. f. Cornell Professor Emeritus Tony Ingraffea has also found considerable leakage in the current gas infrastructure. If indeed the current gas pipes are leaking, they create public safety, public health, air pollution, and emergency services concerns for the Maplewood project as well as across the entire area served by this gas network. The Planning Board must require EdR/Cornell to obtain the facts, include them in the DEIS, and propose mitigation for those which are significant. g. Leaky NYSEG gas pipes added months or years to the renovation of the Commons. It follows that addressing such concerns as they apply to Maplewood could have the same effect. If such delays are likely, it makes the anticipated use of gas even less desirable, and an insistence on mitigation by way of using renewable -sourced energy even more compelling. 12 "EAF Part 3-Evaluation of the Magnitude and Importance of Impacts Maplewood Redevelopment..." signed by Christine Balestra, Planner, April 26, 2016, p. 6 13 See letter of Joseph and Martha Wilson to the Town Board, dated March 15, much of which in an updated form is /OWN repeated here. 14 Goals EC-2, 5, 7 15 Citations available 3/4 The Town's Goal EC 2 calls for reducing energy consumption and GHG emissions in buildings and infrastructure. The Town's Goal EC-5 calls for encouraging AND facilitating the production and rla ` use of renewable energy. This lends additional support to Planning Department staffs call for "an analysis of design elements that promote energy efficiency" and " strategies to reduce energy consumption, particularly via alternative energy technologies" in the DEIS.16 The Town's Goal EC-2-B and C speak of "all new construction projects incorporating green building techniques and achieving specific energy efficiency standards" and of the Town's partnering to make this happen. There are "green building techniques" which result in much "tighter" building envelopes than both the current and new State building codes —tighter as well than that which can be achieved under "LEED." Locally, Professor Brice Smith, Chair of SUNY Cortland's Physics Department, has developed a presentation which demonstrates that the combination of these tighter building envelopes when heated and cooled by air or ground source heat pumps produce extraordinary efficiencies. Such an approach is consistent rather than contradictory to this Town Goal. Dr. Smith has also demonstrated this a also provides returns on investment comparable to those for less rigorous approaches 17 In addition these approaches result in lower utility costs to residents of buildings built to these highest standards as well as greater comfort. Given Planning Department staffs call for comprehensive analysis of design and careful attention to energy use reduction, the specific strategies described in Dr. Smith's presentation should be analyzed as part of this DEIS. Attachments: Guide for Assessing Energy Use and Greenhouse Gas Emissions in an Environmental Impact Statement, NYSDEC, July 15,2009 Respectfully submitted, Joseph M. Wilson 75 Hunt Hill Road Ithaca, NY 14850 wilson.joe79@gmail.com 607-539-1159 n 16 "EAF Part 3-Evaluation of the Magnitude and Importance of Impacts Maplewood Redevelopment..." no. 14, p. 6 /001) 17 See "Building and Heating with the Climate in Mind," httys://sustainabletompkins.org/tag�gas-pimline/�*v includes link to the video presentation of March 2015 4/4 Paulette Terwilliger rom: Bill Goodman Sent: Monday, May 23, 2016 12:37 PM To: Susan River, Paulette Terwilliger Cc: Scott Whitham Subject: FW: Statement in support of Mr. Joe Wilson's stand on Maplewood and From: Kathy Russell[maiIto:Kathy.RusselI@cortiand.edu] Sent: Thursday, May 05, 2016 11:16 AM To: Bill Goodman; PBleiwas; Rich DePaolo; rhowe@town.ithaca; T Hunter; plea ry@town.ithaca..ny.us; Eric Levine; Chris Balestra Cc: Kathy Russell; Joseph Wilson Subject: Statement in support of Mr Dear Town Board Members, Joe Wilson's stand on Maplewood and J-write to support the statement that Mr. Joe Wilson made to the Ithaca Town Board on May 3, 2016 garding Cornell's Maplewood Redevelopment Project. I drive through and shop in this area almost everyday since 1 live on Snyder Hill Road I feel personally connected to your decisions on its development. I would like to reiterate these points: 1. .-According to SEQRA the Board must evaluate the scope of the Maplewood Project as only one segment of the whole transformation Cornell is planning for what it will call East Hill Village. See: https://masterplan.cornell.edu/doc/CMP _PART_ifland_ use/cmp lu 4 18 transform the east hill pl aza area into east hill village.pdf 2. --Plans for Maplewood include using methane, fracked gas. It is improper for the Board to accept plans such as these when it is on record opposing the use of fracked gas! 3...—Also following SEQRA, the Board has the responsibility to evaluate the qualitative and quantitative ,fects of new gas infrastructure and the degree to which these calculations contradict the goals and principles of the Town of Ithaca's own Comprehensive Plan as well as the County's Energy Roadmap. 4. --Given the significant increase in dangers to the climate, the environment surrounding East Hill and to public health, the Board should specify what measures must be taken to mitigate the impacts of increasing GHG emissions at the site as well as off site production and transportation of methane. 5. --Neither Cornell nor EdR has clearly or sufficiently investigated the use of alternative renewable energy in Maplewood or East Hill Village planning. This omission is unconscionable since green energy is available and cost-effective. Therefore, please take sufficient time to consider the broad scale of the impact of current plans for Maplewood Redevelopment. Thank you, Kathryn Russell 434 Snyder Hill Rd. Ithaca, NY Paulette Terwilliger rom: Bill Goodman Sent: Monday, May 23, 2016 12:25 PM To: Susan Ritter; Pau a Terwilliger Cc: Scott Whitk�r> Subject: FW: Maprlewood Attachments: Maplewood Comments to Ithaca Plan Board May 3 2016.doc From: Peter Bardaglio [mailto:pbardaglio gmail.coml Sent: Sunday, May 08, 2016 4:09 PM To: Bill Goodman Subject: Fwd: Maplewood Got your Town of Ithaca e-mail address wrong the first time, Bill. Sorry! ---------- Forwarded message ---------- From: Peter Bardaglio <pbardag1io@amail.com> Date: Sun, May 8, 2016 at 4:04 PM Subject: Maplewood ,,,To: Eric Levine <elevine@town.ithaca.ny.us>, Pat Leary <pleary@town.ithaca.ny.us>, Rod Howe :howe@town.ithaca.ny_.us>, Tee -Ann Hunter <tdh l2344@hotmail.com>, Supervisor Bill Goodman <Roodman@town,ithaea.ny.us>, Rich DePaolo <RDePaolo@town,ithaca.ny.us>, Pam Bleiwas <PB leiwas @town. ithaca.ny.us> Dear Town of Ithaca Board Members, I am writing in support of Joe Wilson's letter to you and am asking you to look closely at the issues raised by him in that letter as well as his memo to the Planning Board (attached). These issues deserve the Board's close scrutiny before you grant CornelUEdR the zoning change to a PUD which Cornell/EdR is seeking (on an expedited basis. The underlying issue is whether Cornell/EdR is going to demonstrate climate change leadership by building Maplewood et. al. to passive house envelope standards and use renewable -sourced energy rather than gas/fossil fuels. The benefits of doing so are : • less energy demand, • increasing the viability of ready -now heating/cooling technologies like heat pumps, • make more comfortable the living conditions of the residents, • reduce the out of pocket costs of living in Maplewood to residents, ,,,,,, • vindicate the commitments of Cornell, the Town, the County to their energy related plans • create an attractive return on investment scenario of EdR/Cornell • demonstrate the Town and Cornell's leadership on climate issues • add to Cornell's green profile for student recruitment • draw positive media attention to the Town and Cornell To be clear, this is not an anti -growth letter. I strongly believe, however, that this project should be carried out in alignment with Comell's campus climate commitment. For the Town of Ithaca to allow the university to move these kinds of projects off campus to avoid its commitment to achieve climate neutrality is really not that different from the federal government allowing corporations to move their money to offshore banks to avoid paying their fair share of taxes. Thank you for your careful consideration of the issues raised by the Maplewood project. Best, Peter Bardaglio, Coordinator Tompkins County Climate Protection Initiative W W Paulette Terwilliger rom: Bill Goodman-`" Sent: Monday, May 23, 2016 12:24 PM To: Susan Ritter; Paulette Terwilliger Cc: Scott Whitham Subject: FW aplewood and East Hill Plaza development Hi Sue and Paulette and Scott, I'm forwarding to you now all the emails that were sent just to Town Board members about Maplewood. From: Sara Hess[i77ailto:sarahess630@gmail.coml Sent: Monday, May 09, 2016 11:14 AM To: Bill Goodman; Eric Levine; Pam Bleiwas; P Leary; Rich DePaolo; Rod Howe; THunterContact Subject: Maplewood and East Hill Plaza development Dear Town Board members, During the next years, Cornell's plans to expand and rebuild Maplewood Apartments and the area around East Hill Plaza may be the largest commercial and residential development in the town. According to their Master Plan, Cornell intends to relocate existing agricultural areas, replace existing structures, and add significant new housing, transportation, and commercial buildings. All of this will be better linked to the core campus and improve the gateway to Cornell from the south and east. The plans are also consistent with and fueled by Cornell's goal of increasing income by steadily increasing student population, especially graduate students, and by maximizing income from their land -holding properties by leasing them to private businesses and corporations. See map areas 16, 17 and 18 under "South Campus" in Cornell's MasterPlan : https://masterplan.cornell.edu/ I call your attention to the scale of this comprehensive view because the first step of this expansion -- Maplewood Park, between Maple Avenue and Mitchell Street -- should be viewed in the context of the whole. It is being developed by EdR, one of America's largest owners, developers, and managers of collegiate housing, according to their website. Given the tremendous resources available, this housing project, along with the entire build -out intention, is a hugely valuable opportunity for the Town and Cornell to demonstrate the newest and best practices for long- term, sustainable planning for energy use, transportation, water use, storm water, public space, and housing. To this end, I urge you to consider and insist upon immediate and long-term community benefits that will address the urgent social and environmental crises currently facing us: climate change, economic inequality, and need for well -paying local jobs. This can be done in the following ways: - Ensure that the energy use will allow reaching climate goals established by municipal laws, including �ompkins County Energy Roadmap and Climate Goals by the Town of Ithaca, City of Ithaca, Tompkins ounty, and Cornell University's own Climate Goals. This means using far less fossil fuels and far more renewable energy sources for sectors of buildings, transportation, and energy. Passive -house construction techniques are widely used in Europe and prove to have a return -on -investment that makes good economic sense today. - Plan for long-term climate change expected by changes in water and weather, i.e., more flooding, more violent downpour storms, ice damming, more soil erosion, impacts on sewer systems, streams banks, roads and bridges - Support local economic growth during the building and operations stages by requiring local hiring for construction, professional services, and operations, along with diversity hiring policies and livable wages. - Analyze the public costs of the expansion, including impact on public schools and other services that will be paid for by property and sales taxes. Ensure that expanded development has true and realistic economic benefits rather than placing increased tax burdens and increasing economic and social inequalities. Cornell and Ithaca already have many examples of forward -looking responses to climate change and problems of inequality. Examples include the many LEED buildings in Tompkins County, the rapid expansion of solar on rooftops and in community solar, Eco-Village's passive -house constructions and low -carbon housing, the dozens of local businesses that pay livable wages. Leadership in our community will be rewarded by investing money and time wisely and strengthening community resiliency for the long -run. This project offers an important opportunity to show that we understand the situation we are in, and we have the tools and capacity to build for a truly sustainable future. Sincerely, Sara Hess 124 Westfield Drive, Ithaca, NY " Whatever it is you're meant to do, do it now. The conditions are always impossible. " - Doris Lessing Paulette Terwilliger rom: Bill Goodman Sent: Monday, May 23, 2016 12:26 PM To: Susan Ritter; Paulette Terwilliger Cc: Scott Whithaifn Subject: FW:.Maplewood Project and the plans for East Hill Plaza area r From: Catherine Mary Wagner [mailto:cmwl8 cornell.edu_ ] Sent: Monday, May 09, 2016 3:33 PM To: Eric Levine; P Leary; PBleiwas; Rich DePaolo; Rod Howe; Bill Goodman; THunterContact Cc: Catherine Mary Wagner Subject: Maplewood Project and the plans for East Hill Plaza area To: Ithaca Town Board Members From: Catherine Wagner, 1665 Ellis Hollow Road, Ithaca, New York 14850 I am writing to the Ithaca Town Board to address my hopes and concerns with regard to the future construction at Maplewood Apartments and the complementary plans by Cornell to do major new construction at East Hill Plaza and the surrounding area. -F`,ie Wilson has submitted to you a very careful and thorough analysis of these projects that he presented to the Ithaca .anning Board on May 3, 2016. He raises many important concerns and addresses the need for careful planning and important applications of SEQRA. I strongly support his statement and hope that the Town Board, Planning Board, and Planning Committee will study the issues that he raises. The following are some points that I would like to emphasize: • It is clear from Cornell's Master Plan that the Maplewood project should not be looked at in isolation. It is only part of a much larger plan which must be seen as a whole, very large project, rather than segmented into a number of smaller projects. The impact of the whole picture will be quite large. • The county and the town have put in a great deal of time, effort, and expertise looking ahead at what we must do to get our greenhouse gases under control and dramatically reduced. The county and town are to be applauded for these efforts and now is the time to apply the conclusions. If any new natural gas is used for the proposed construction, it will be impossible for the county, town, or Cornell to reach their stated goals with respect to this greenhouse gas reduction. In fact, to reach these goals it will be necessary to reduce the amount that is already being used in the areas where the new construction will occur. • It is in fact possible to do the construction while also reducing the use of natural gas. I encourage the board to review the presentation given by Prof. Brice Smith, Dept. of Physics, SUNY Cortland, in which he shows how this can be done. If planning and construction are done correctly from day 1, buildings will need much less energy, the energy needed can be supplied by renewable resources (e.g. Heat pumps supplemented by solar panels), and any extra costs from construction will be recovered within 5 years, while the years after that will significantly lower utility costs. • If construction is done in the ways just described it will be a win for EdR and Cornell while at the same time providing the tenants with more comfortable living spaces and lower utility bills. • Because the proposed projects will be large, there will be heavy new demands on the water and sewer systems. Since many of the apartments may be occupied by families with children, they will also put new demands on the school system. Although I actually live in Dryden (Ellis. Hollow) I am in the Ithaca School district and so do think about the impacts on our schools. All of these factors need to be kept in mind as planning proceeds and zoning changes are considered. Climate change is already bringing with it occasional extreme weather, including heavy downpours. Planning for the projects needs to include major consideration for handling storm water run-off. I would also encourage EdR to look into the feasibility of paving all parking areas with the porous materials that allow rain to sink directly into the ground below. I regularly drive down Mitchell Street on my way to the City of Ithaca and realize that all of these projects will result in a dramatic increase in traffic. It will be important to figure out how to route this traffic and what measures must be taken to keep the neighborhood safe and livable. Right now we have many highly skilled workers who would like to work on this project and have gained experience in the proposed type of construction. I am concerned that EdR may be planning to bring in workers from elsewhere. It will be important to use these projects as a means for bringing jobs to residents of Tompkins County and the adjacent counties. The Town of Ithaca and Cornell University have a unique opportunity to demonstrate leadership and show other municipalities and institutions the best ways to move into the future. There is no downside to doing the construction and planning in ways that will benefit the environment and reduce the greenhouse gas emissions instead of increasing them. This is a chance to be a model for the country and I hope this is the path that will be taken by the Town of Ithaca and Cornell. Thank you very much for your consideration. RECEIVED /Ot` May 18, 2016 MAY 2 4 2016 Mr. Bill Goodman TOWNOFCLERKCA Town Supervisor Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Dear Mr. Goodman, Attached please find a petition signed by 15 community members, representing 10 homes out of 13 in a small neighborhood along the 900 section of E. Shore Drive, Ithaca (near the Visitor's Center). One household not included in the petition is that of Matt Clark and Virginia Augusta —the party that is the cause of the petition from the community. The two other households not included supported the petition, but were afraid to sign out of fear of retribution by Clark/Augusta. Noted one of these concerned residents in an email, "I feel sorry for anyone bullied by a couple of greedy people... This couple will likely sue the entire 900 block of East Shore Drive for petitioning against them." The petition is self-explanatory as a request for help with a conflict over parking along E. Shore Dr., in the highway shoulder. The disputed area is designated as a right of way and has been used by residents for decades for parking given that most of the residents do not have parking on their properties. However, Clark/Augusta as new residents have attempted to privatize the highway ROW and to prevent residents from parking there. They have filed a lawsuit against two residents (I am one) on grounds of "trespass" and called the Tompkins County Sheriff numerous times without effect. They have even discussed with the Sheriff their intentions to charge for parking on land that is within the highway boundary. Ironically, Clark/Augusta were vocal opponents to the Seneca Way Apartments project in 2011 when they resided on Seneca St. According to the minutes of a public hearing for the Ithaca Landmarks Preservation Commission (March 8), Clark expressed concerns that the building project would cause "loss of the neighborhood's quality of life" and, "parking scarcity problems," Yet, Clark/Augusta in trying to privatize a 140-foot stretch of E. Shore Dr. have created exactly these problems for the community of which they are now a part. The concerned community has long functioned in a cooperative, neighborly fashion, even as the neighborhood has changed over time. Long-time residents have commented that Clark/Augusta's actions have disrupted the community in a way that they've never seen before, creating safety problems along a stretch of highway that is already precarious due to heavy traffic flow and a zoned speed limit of 45 that is usually exceeded. I would be happy to speak further with you about this petition so that we can work together to mitigate the community's concerns. For your information, Mr. Jim Weber and Mr. Bruce Bates are well- informed of this issue. Thank you for your consideration. Sincerely, Robert Kwortnik May 7, 2016 We, the members of the community of the 900 block of E. Shore Drive, Ithaca, NY, petition to seek relief from the Town of Ithaca, the Sheriff of Tompkins County, and the NYS Department of Transportation in mitigating the actions of Matthew Clark and Virginia Augusta to control and privatize the 140-foot highway right of way (ROW) on the western shoulder of E. Shore Dr. In denying Clark and Augusta's motion for a preliminary injunction against two residents of the community to prohibit parking in the ROW, the Honorable Judge Phillip Rumsey noted that "granting the remedy of a preliminary injunction in this case would not serve the purpose of preserving the status quo of this action; in fact, the requested preliminary injunction would dramatically upset the status quo. The area where the properties are located is densely populated due to its proximity to Cayuga lake and few, if any, of the properties have sufficient onsite parking. Consequently, many residents park their vehicles along East Shore Drive, a practice defendants contend, without contradiction, has existed for decades. Restraining... parking in the disputed area would compel them to compete with other residents for other limited parking that may exist in the neighborhood, effectively only shifting the problem elsewhere" (Virginia Augusta and Matthew Clark v. Robert Kwortnik and William Tobin, Decision and Order Index No. 2015-0676, RJI No. 2015-0513-M, March 2, 2016) ?aft� Clark and Augusta's deliberate efforts to privatize the ROW and to block the ROW with vehicles that sit unused for weeks manifests the concerns raised by Judge Rumsey. Community members have been forced to park away from their residences and in areas that exacerbate safety problems along the highway. Efforts by community members to ask Clark and Augusta to be more cooperative in respecting the safety concerns of the community have been ignored. It is for the aforementioned reasons and community concerns that the undersigned seek relief from the Town of Ithaca, the Sheriff of Tompkins County, and the NYS DOT. Respectfully, Resident Signature Address 1 J! d h u1( !-• :T `T ILA- 4_ 4� V J 50- Resident Signature Address 3 V 54D S� q-(G ��5�- c.�/{ '✓• 9395 S�dn,�"►� GO ,fM QD W 0 0 Er rD 3 m 7 rr �W 0 0 r ai r' o CD :3 a 3 [D L� (DW v C? 7 m W „ a 6 CDCD T ro 3 03 3 0 m Ir' • - � y fir= .yJ i?. tv 0 RECEIVED Barbara and Michael Nussbaum 925 Mitchell Street, unit 1 MAY 2 4 2016 Ithaca, NY 14850 TOWN of ITHACA Phone: 607 257 6906 TOWN gLER c Email: barbnussb@gmail.com To: Bill Goodman, Town Supervisor Rod Howe, Deputy Town Supervisor Town of Ithaca planning board members: Fred Wilcox, Liebe Meier Swain, John Beach, Yvonne Fogarty, Linda Robinson Collins, Jon Bosak, Joseph Haefeli, Katherine Herleman Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Ithaca, NY, May 22, 2016 Maplewood Apartment Redevelopment Project Mr. Howe, We are residents of Mitchell Street in the Town of Ithaca, living just East of Cornell's Maplewood Housing. We have attended 2 planning board meetings and a meeting organized by the Belle Sherman -Bryant Park Civic Association (SPCA). The current Maplewood site plan with the architectural design, and particularly a 4 story apartment building across the length of the Maplewood site on Mitchell Street, will threaten the nature of a treasured historic neighborhood. Mitchell Street is primarily residential, with mostly single-family homes on its entire length, down to East State Street. Any planned development on Mitchell Street must take into consideration the unique character of this neighborhood. There are currently no apartment buildings on Mitchell Street in either the Town or the City. The recently built Belle Sherman Cottages are a good example of a dense development while taking the traditional neighborhood into account. Any planned development on Mitchell Street should preserve the unique character of this neighborhood and not destroy it forever. Frankly, it would be jarring to have apartment buildings providing a gateway to the Town of Ithaca from the Belle Sherman neighborhood. A way to overcome the problems we have described might be to relocate the apartment buildings to the north end, by Maple Avenue, or to scale down the project to fit the neighborhood. Even the Collegetown Terrace buildings do not include a 4 stories high long building on East State Street. They are a compromise between the historic neighborhood and the goal to create more housing close to Cornell, Please, schedule a public hearing on this development. This housing project is also a valuable opportunity for the town of Ithaca and Cornell to demonstrate the newest and best practices for long- term, sustainable planning for energy use, transportation, water use, storm water, public space and housing in an aesthetically acceptable way taking the existing neighborhood into account. Respectfully, Barbara and Michael Nussbaum � r Paulette Terwilliger ,-rorn: Chris Balestra Sent: Tuesday, May 31, 2016 8:59 AM To: Bill Goodman; Bill King; Bruce Bates; Chris Balestra; E Levine; E Hoff mannContact, Lori Kofoid; PLearyContact; Paulette Terwilliger; Sandy Polce; Susan Brock; Susan Ritter; Yvonne Fogarty (asia@lightlink.com) Subject: FW: proper codes for solar panels Hi COC, Bill (Goodman) received this email last week and asked me to forward it on to you. We will explain at the COC meeting next week: Chris From: Evan C. Lambrou (mailto:eclambrou(&aol.com] Sent: Friday, May 27, 2016 2:10 PM To: Bill Goodman Cc: P Leary; Eric Levine; Rod Howe; Bruce Bates Subject: proper codes for solar panels Dear Mr. Goodman, I am a Town of Ithaca resident. I grew up on Honness Lane - where my parents still live - and I now reside on South Hill in the Westview development. I left you a message on your voicemail yesterday morning. I also left a message with Mr. Howe and Mr. Levine. I appreciate Mr. Levine's responsiveness in calling me back. I also appreciate that Ms. Leary actually answered the phone when I called her, as that is becoming an increasingly rare occurrence these days. I also spoke with Bruce Bates last week. I am in favor of rooftop solar panels, but reject ground -mounted devices in non -rural areas. That said, my wife and I are deeply annoyed that one of our neighbors told me he is thinking about erecting a large ground -mounted solar tracking device 24 panels in size (directly across the street from us) in our upscale medium -density neighborhood which still has some nice free -flowing open space. He told me he wants to put this monstrosity in his side yard, but it would actually be roadside, and in full frontal view not only for us, but for anyone walking or driving by our neighborhood's main entry point. Fortunately, Westview has restrictive covenants that allow our developer, to prohibit my neighbor from proceeding with his plans: the developer has clearly indicated that he does not want our neighbor to proceed, and in the last couple of days, most of Westview's residents have also clearly indicated they agree that a large ground -mounted device is not desirable for our neighborhood. ,ut unfortunately, my neighbor across the street has indicated he reserves the right to resist the developer's right to exercise Westview's deed restrictions and the clear majority of his neighbors' sensibilities. Because a neighborhood conflict about this seems to be brewing, and because my investment in my property, which uses natural gas to power my house (still a very clean and efficient form of energy), is prospectively threatened by a neighbor who disagrees that would happen to my property, I am now exercising my rights as a citizen to engage my elected representatives to express my concerns about this very important issue. I am urging all of you to use common sense in the weeks and months ahead when forming codes and ordinances as they pertain to what types of solar devices are appropriate for which neighborhoods. There needs to be a balance between residential solar energy and neighborhood aesthetics. I do plan on attending the next COC meeting on June 15th. But I would also very much appreciate -and welcome - a response to my attempts at communicating with my elected officials ahead of that. Thank you, Evan C. Lambrou 9 Schickel Road Ithaca, NY 14850 TEL. 319-0593 AMENDMENT TO RESTRICTIVE COVENANTS WESTVIEW SUBDIVISION, TOWN OF ITHACA, NEW YORK MARCH2015 This amendment to the Restrictive Covenants, as required by the Town of Ithaca, are filed by Westview Partners, LLC to amend the Restrictive Covenants recorded in the Tompkins County Clerk's Office on June 23, 2006 as Instrument No. 492456-001 and affect LOT 1 through LOT 31 (all Lots), Shickel Road, and Larissa Lane and Larissa Lane as extended as shown on a survey entitled "FINAL SUBDIVISION MAP located an Danby Road and Schickel Road, Town of Ithaca, Tompkins County, New York" prepared by T.G. Miller P.C., Engineers and Surveyors dated June 22, 2004 a copy of which was filed in the Tompkins County Clerk's Office on January 11, 2005 as Instrument No. 466896-001 Drawer JAR, page 57. The amended paragraphs are 11 and 13. The purpose of these restrictions is to establish and preserve an attractive and stable residential area by the private control of land use. The following restrictions shall apply except that to the extent that any subdivision restrictions or regulations made therein are less lenient or less restrictive than the Zoning Ordinance of the Town of Ithaca the latter shall govern and apply. 1. RESIDENTIAL USE. Land and buildings shall be used for residential purposes only with a dwelling unit for not more than one family. Not more than one residential building shall be erected on each lot. No lot shall be subdivided. 2. TRAILERS/MOBILE HOMES. No trailers are permitted except construction trailers during actual construction, nor shall any recreational vehicle, mobile home or unregistered vehicle be permitted to be kept on the premises outside of an enclosed garage for longer than a period of48 hours. 3. CONSTRUCTION AND STORAGE. The exterior construction of building shall be completed within 9 months from the commencement of construction and final completion, together with grading and seeding of the lawn shall be done within 6 months thereafter. The premises shall not be used for the storage of any materials, machinery, equipment or supplies of any kind of nature except during the course of construction of improvement to the premises. Except however normal household materials, machinery, equipment or supplies may be kept on the premises however they may not be stored outside of the house or enclosed garage. 4. BUILDING HEIGHT AND LOCATION. All structures constructed must meet all Town of Ithaca zoning, setback and height restrictions. 5. PETS. No livestock, chickens, pigs, horses or other animals other than the usual household pets shall be kept on the premises. A kennel for a single pet may be maintained on the premises. Any such kennel shall not be visible from any street adjoining the property, shall be screened or landscaped so as to minimize its visibility from adjoining properties, and the exterior appearance shall be compatible with the design and exterior of other structures permitted on the premises. 6. DWELLING SIZE. Dwelling unit shall contain a minimum of 2500 SF excluding garage and basement. Market value of any house should be not less than $300,000 in prices of 2004 including lot value. 7. POOLS. Any outdoor pool shall be in -ground such that the water surface is on or below the �.•,� same grade as lawn. 8. OUTSIDE FACILITIES. No laundry lines shall be hung or suspended on the premises, nor shall laundry be hung outside. No propane tanks, other than those used for and connected to an outdoor grill or barbecue shall be permitted, unless natural gas is not available, then such tanks are not to be visible. No outbuildings or storage sheds are allowed on the premises. 9. GARBAGE OR TRASH. No structure separate from the main residence shall be erected or maintained for the storage of garbage or other equipment or material. Garbage and trash or other refuse shall be kept in secure containers with covers. Garbage and trash shall be set at the roadside for collection on the late evening before or early morning of the day in which collection will occur and such containers shall be removed from the roadside the same day on which collection occurs. 10. ARCHITECTUAL APPROVAL. Before construction, painting or alteration of the exterior of any improvements on the premises or removal of trees or other significant changes, the contractor or lot owner shall obtain a written certificate from the Developer, or his designee, that in the opinion of the Developer the planned action or actions are suitable and proper for the location and compatible with the residences in the subdivision, including the cost and quality of construction and the intent and plans made in connections therewith. A complete color scheme should be submitted to the Developer, or his designee, for an approval. Upon sale of 24 lots of the subdivision, or upon the death of the Developer, architectural approval referred to herein must be given by an Architectural Committee, which could be formed by home and lot owners. 11. TREE PRESERVATION. Trees located in the following specified areas shall not be removed, destroyed or cut, except for (1) removal of dead or damaged trees, (2) removal of trees that present safety or health hazards, (3) prevention or treatment of disease, provided that the Town of Ithaca Planning Department must give prior written approval for removal, destruction or cutting of trees to prevent or treat disease, or (4) control of invasive species, provided that the Town of Ithaca Planning Department must give prior written approval for removal, destruction or cutting of trees to control invasive species. These tree preservation requirements apply in the areas for the "Proposed" plan that are marked as "Vegitative [sic] Buffer" on Lots 6-9, 20-22, 26, 28 and 29 on the drawing titled "Westview Proposed Vegitative (sic] Buffer Modifications Lots-6, 7, 8, 9, 20, 21, 22, 26, 28, & 29 Town of Ithaca, Tompkins County, New York ", prepared by Philip Erik Whitney, P.E., dated 5/09, a copy of which is attached hereto and incorporated herein. The drawing shows the following buffers: A. A 90-foot rear yard buffer on Lots 6-9, an 80-foot rear yard buffer on Lots 22 and 28, and a 65-foot rear yard buffer on Lots 20, 21, 26 and 29 (buffers are measured from the rear lot line; for Lots 20, 21, 26 and 29, the buffers shall not extend into the drainage swales located along the side lot lines of those lots). B. On Lots 6-9, a 25 foot buffer along both side lot lines on each lot for a minimum depth of 145 feet starting from the rear lot line. P'`� C. On Lots 22 and 28, a 25-foot buffer along both side lot lines on each lot fora minimum depth of 125 feet starting from the rear lot line. D. On Lots 20, 22, 26 and 29, a 25-foot buffer along the side lot line on each lot that does not contain a drainage swale for a minimum depth of 125 feet starting from the rear lot line. In addition, to assure preservation of trees in the buffers, garages on these lots shall be a minimum of 25 feet from a side lot line. The remaining tree preservation requirements for the rest of the subdivision, including those along Schickel Road and along the rear of lots 10-12, shall remain as indicated on the original approved tree preservation plan (Sheet 2, dated 11/22/04), which plan is on file at the Town of Ithaca Building Department Office. 12. DRY SWALES MAINTENANCE. Dry Swales on individual lots will have grassed cover established and maintained. The swales design lines and grades shall be maintained and not subjected to changes or disturbance by landscaping or other earthmoving operations. No structure will be placed or constructed within the area of the swales. Swale maintenance will include normal lawn maintenance practices, routine mowing, grooming, and debris removal. The swales shall not be filled or used for temporary storage or disposal of yard wastes or any other materials. Trees, shrubs, planting and growth other than lawn grasses shall be prevented from becoming established within the swales areas. Should the swales not be properly maintained, the Town of Ithaca may enter the premises for remedial work and the costs thereof charged back to the owner. 13. ENFORCEMENT OF RESTRICTIONS. The provisions set forth herein shall bind, inure to the benefit of, and be enforceable at law and/or in equity by the Town of Ithaca (whenever used herein, the "Town of Ithaca" shall be a term that includes the said Town's successors and assigns), and shall run with the land and be binding upon and for the benefit of each subsequent grantee of any of the lots in the subdivision. In the event the Town of Ithaca shall bring any action in equity, the Town shall not be required to post any bond or other undertaking, or be required to show a lack of any legal remedy or be required to prove any imminent danger of immediate or irreparable harm. The failure of the Town of Ithaca (or any other person or entity) to enforce any of the restrictions, conditions and covenants herein contained shall in no event be deemed a waiver of the right to enforce any conditions, covenants or restrictions herein contained, nor as a waiver of any past, then present, or future violation or right of enforcement of the conditions, covenants or restrictions herein stated. If any provision hereof is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be reformed to the minimum extent required to bring it to compliance with applicable law, or to otherwise make such provision enforceable. If such reformation is not possible, then such provision shall be severed here from. The enforcement of any conditions, covenants or restrictions by the Town of Ithaca shall not f�1 give rise to any claim or recovery against the Town of Ithaca; nor shall any enforcement proceeding brought hereunder be or be deemed to disparage any right, interest, or title ; derived from the subdivision. The Town of Ithaca may assign its enforcement powers and other rights herein expressed to any person or entity as now or hereafter permitted by law. 14. CONVEYANCE. Any conveyance or transfer of title to any lot subject to these restrictions shall include a specific statement subjecting title to the provisions of these restrictive covenants. The grantee of each lot is required to sign the deed for the purpose of acknowledging the existence of and agreeing to comply with the restrictive covenants. It shall be sufficient compliance with this paragraph to state that the conveyance is made together with and subject to the covenants, rights, easements and conditions established by a Declaration of Restrictions recorded in a deed to Westview Partners, LLC on June 23, 2006 in the Tompkins County Clerk's Office as Instrument No. 492456-001, and by these restrictions as amended herein, the conveyance language shall add reference to such amendments, including the dates of same, dates of recording, and the book and page of such recording. 15. EXPIRATION. Unless otherwise amended or altered, these covenants shall expire on December, of 2029 except paragraphs 11,12 and 13, each of which has no expiration date. �O' IN PRESENCE OF L.S. WESTVIEW PARTNERS, LLC By: Boris Simkin, Member STATE OF NEW YORK COUNTY OF TOMPKINS ) ss.: On the day of 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared BORIS SIMKIN, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /do%" A orr7� %ry?9� TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us y.us TOWN SUPERVISOR 273-1721 x 125 FAX (607) 273-1704 June 24, 2016 Adam Jacobstein 114 Clover Lane Ithaca, NY 14850 Dear Mr. Jacobstein: I am writing to inform you that the Town Board and staff has discussed your request in the petition from last fall about adding a sidewalk to the southern side of Mitchell St. between the City border and Clover Lane. Because of the difficult topography along that stretch, building a sidewalk there would be very costly, and so the Town cannot do so at this time. We will keep this in mind, however, as we work through the development process for the Maplewood apartments, to see if there is any justification for requiring that stretch of sidewalk as a mitigation to their traffic impacts. The Town will be having an ad hoc committee convene to discuss general Town policies around the construction and maintenance of sidewalks and walkways, so I will pass the petition on to them to consider as they start their deliberations. In addition, Mitchell Street is a county owned road, and normally the Town would not build sidewalks on county roads. Likewise, the Town would not be able to approve or install a speed bump on a county road; that would need to be done by the county's Highway Department. Sincerely, William D. Goodman, Town Supervisor GO THIS IS NOT A PERMIT New York State Department of Environmental Conservation Notice of Complete Application Date: 06/27/2016 Applicant: NYS OFFICE OF PARKS REC & HISTORIC PRESERVATION 625 BROADWAY ALBANY, NY 12238 Facility: ROBERT H TREMAN STATE PARK ST RTE 327 ITHACA, NY 14882 Application ID: 7-5099-0001 1 /00003 Permits(s) Appliedfor: 1 - Article 17 Titles 7 & 8 P/C/I SPDES- Groundwater Discharge Project is located: In MULTIPLE TOWNS in TOMPKINS COUNTY Project Description: -*",,-The applicant proposes to obtain anew State Pollutant Discharge Elimination System (SPDES) permit for an existing discharge of 35,050 gallons per day (10 outfalls) of sanitary wastewater to groundwater from leach field treatment at the applicant's facility located at Robert H. Treman State Park, 100 Enfield Falls Road, Town of Ithaca, County of Tompkins. Refer to this application number listed above and SPDES Number NY 009- 8434. Availability of Application Documents: Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. State Environmental nualill, Review (SEAR) Determination Project is riot subject to SEQR because it is a Type II action. SEORLead. l,,"L')ILI Noii i)csituii:iCd State ICI (SI1PA) Determination The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity. DEC Commissioner Polic_t 29. Environmeulal Justice and Permilting (CP-29) It has been determined that the proposed action is not subject to CP-29. Availability For Public Comment Comments on this project must be submitted in writing to the Contact Person no later than 07/29/2016 or 30 days after the publication date of this notice, whichever is later. CC List for Complete Notice Bill Goodman, Supvr Town of Ithaca Tompkins County Health Department Tim Digiulio, RWE David Bimber, RPA Debra Hanas, R7 DOW Cheri Jamison, CO-BWP Permit Coordinator Brian Baker, CO-BWP Chief Section A DEP Cortland ENB Contact Person TERESA A PHELPS NYSDEC 1285 Fisher Ave Cortland, NY 13045-1090 (607)753-3095 /O` W Paulette Terwilliger .,rom: Pamela Bleiwas - Town of Ithaca <pamtownithaca@gmail.com> Sent: Monday, June 27, 2016 10:57 AM To: Paulette Terwilliger Cc: Bill Goodman; R Howe; E Levine; PLearyContact; THunterContact; Rich aePaclo Subject: Fwd: East Ithaca Rec Way Here is an email I received from a resident. I am copying the other Board members. Be -in forwarded message: From: nancy schuler <nschuler110@gmail.com> Subject: East Ithaca Rec Way Date: June 9, 2016 at 9:34:27 PM EDT To: <PBleiwas@town.ithaca.ny.us> Cc: tom reimers <treimers@twc_ny.rr.com> EAST ITHACA RECREATION WAY Railings along the East Hill Recreation 'Way between Honness Lane and Mitchell Street have been removed npacting the enjoyment of users of the trail and creating a potentially hazardous situation. Boulders have been placed adjacent to the trail where the railings were. Joggers would use the railings to rest and stretch and walkers would stop to enjoy the view and look at the water below. Furthermore, the boulders create an enticing but dangerous play area for children. There is a steep slope leading straight down into water below. The Town of Ithaca workers who were in the process of removing the railings told me that the railings required too much maintenance. A resident who has lived adjacent to the trail for more than twenty years told me that she has never seen any work done on the railings. I am concerned that if someone sustains an injury due to the lack of restraint system the Town of Ithaca would be held liable, It is imperative that appropriate railings be installed. George and Nancy Schuler 221 Strawberry Hill Circle 0 June 21, 2016 To: town of Ithaca Planning Board From: Catherine Wagner 1665 Ellis Hollow Road Ithaca, New York 14850 CMW18@cornell.edu Thank you for holding this public hearing concerning the Scoping Document for the Maplewood Apartment Project. When I was young I assumed that the most important issues were addressed chiefly at the national level. But in more recent years I have grown to appreciate the fact that what happens locally can be much more important and have a far greater impact than decisions made at higher levels. So with the issues surrounding climate change and general environmental problems, it is critical that towns and counties take the lead in getting us on the right path for the future. This is the only way that we will be able to move forward with the necessary and critical task of dramatically reducing our greenhouse gas emissions. Both the Town of Ithaca and Tompkins County have set goals of reducing their '"""" greenhouse gas emissions by 80% by 2050. This is perhaps less of a reduction than is needed, but it would be a grave mistake to miss this target because of new construction projects. The Maplewood project is actually only a relatively small part of the larger redevelopment proposed in Cornell's 2008 Master Plan, Part II, South Campus Precinct. As such, any analysis of GHG emissions and other environmental matters must be seen as part of a larger picture. Segmentation of the overall project can lead to piece by piece approvals that in the long run will make it impossible for the town and county to meet their stated goals. EdR has stated that it plans to use natural gas as its main source of energy. This is simply unacceptable. There are better alternatives including ground source heat pumps and air exchange systems that can be run on electricity and supported by solar panels. This corporation has installed heat pumps in the past and so does have experience with the technology. As for other environmental issues, I understand that EdR is analyzing the storm water run-off issues but I do not know if it is looking into the kind of pavement that allows rain water to soak through the surface and go into the ground (this can be used even in this climate). I also have not heard of any efforts to deal with light pollution. Not only does light pollution cause problems directly, it causes more energy to be used than is required for the light's intended -OV441purposes. Keeping all of this in mind, I ask that the Planning Board include all of the following in its Scoping Document. • Confirm that the Maplewood Project is part of a larger project and that its environmental impacts must be analyzed within that context. • Require EdR to follow the policies and protocols in the DEC's Guide for SEQR Scoping Documents. • Require EdR to describe in detail how the construction of the Maplewood Project will move the town and county towards their GHG reduction goals. It is not sufficient for the project to keep the same levels of emissions but must in fact dramatically reduce the current level of emissions. • Light pollution has not been adequately discussed. Focusing outdoor lights downward so that they serve the intended purpose without lighting up the sky or surrounding areas is simple and important to do. It saves energy, is good for birds, and allows us to see the night sky. In addition, energy saving light bulbs should be used both inside and outside the buildings. • The large increase in the number of apartments will likely lead to increased use of cars and thereby contribute to greenhouse gas and other emissions. The presence of adequate charging stations for electric vehicles will be important, but also necessary is an increase in bus service both to campus and to downtown. Note that the concentration of residents in the large South Campus should make increased public transportation economically viable. Recently there have been several articles in the Ithaca Journal about serious leaks of natural gas. We have an aging infrastructure and it is important that we not make matters worse by enlarging the system of pipelines for natural gas. It is time to look to the future and do everything in our power to eliminate our use of natural gas. The Maplewood project provides a chance to insist that we start down this path. This means that no new pipelines should be built to support this project or the larger one in the East Hill Plaza area. Buildings should be constructed to be energy efficient. Public transportation should be expanded. And renewable energy resources should be utilized to every extent possible. Paulette Terwilliger . rom: Chris Balestra Sent: Tuesday, June 21, 2016 2:57 PM To: Paulette Terwilliger Cc: Bill Goodman Subject: FW: Maplewood Development feedback for the Town Board Hi Paulette, Another set of comments for the Town Board regarding Maplewood. Thanks, Chris Chrislifie L-;alestra. Planner. Towii of ltlwca Plaririii-to I)epm—fiiient 215 Nf orth Ti000 Strcet lthac�a, NY 14850 ,.407) 273-1747, ext. 121 -)alestra@town. ithaca.ny.us From: K [mailto:minnswedeCDgmail.com] rat es Sent: Tuesday, June 21, 2016 2:40 PM To: Chris Balestra Subject: Maplewood Development feedback for the Town. Board To: Town of Ithaca Board Members To the following feedback for the Town Planning Board, I wanted to add one aspect for your consideration, namely consideration of the tax exempt status for Maplewood. Although I am not a Town resident, it also impacts County taxes. As I understand, Cornell is to be neither the builder nor immediate owner of the buildings and will solely be providing the land for the project. In the future, Cornell may purchase the buildings at which time, the property would become tax exempt, per current regulations. To provide that same tax exemption to a private entity, which will be the landlord and financial beneficiary, seems a little "generous" of the taxpayers. While it may help permit the below -market rents being pursued, which are tied to graduate/post-graduate salaries, it is a subsidy directly to Cornell. If the tax exemption is to stay, then perhaps Cornell ould be the builder as well. Sincerely, 1 Kris Hodges Submission to Town of Ithaca Planning Board on June 21, 2016 I reside in the Belle Sherman neighborhood adjacent to Maplewood. I put forth some thoughts as the process begins to replace the current structures. The Belle Sherman Cottages, immediately adjacent to Maplewood created a very appealing and attractive community from a former industrial site. Their addition to the Belle Sherman area is a very harmonious extension to an established residential area. In contrast, the current rendition of the Maplewood Redevelopment seems more evocative of Soviet bloc architecture — its harsh industrial lines and monotonous facades are in stark contrast to the charm of the Belle Sherman Cottages and the entire residential area. The apartment Building A along Mitchell Street is an imposing structure very much out of character with the street, unless one wants to mimic Cornell's derelict monstrosity across the street. Is there something wrong with a more traditional, home -like feel? The Cottages successfully created a dense footprint without monotony —each unit is a little different, yet fits in with its neighbors and the neighborhood. The Maplewood Redevelopment seeks to substantially increase density which brings up an array of issues. To help all parties better understand the possible impact, I suggest using Hasbrouck Apartments as a good comparative model as itr•+•� is a similar concept catering to a similar demographic. Specifically, how do the two compare in land area (and percent covered by pavement and buildings), population, and population density. Additionally, how does the current traffic at Hasbrouck translate to the parameters put forth by the number of anticipated vehicles at Maplewood? As a frequent walker on the adjacent recreation walkway, the transformation of the western edge of Maplewood to what is in essence a parking lot is concerning. The path has a great park -like feel and the rows of parking that will now be adjacent could significantly diminish the natural feel. While landscaping can mitigate some of the visual impact, the noise and car lights will be harder to deal with. Replacing the parking area with housing, though, could then create other issues — noisy people, noisy air conditioning compressors, etc. Having a wider natural buffer would be preferable. I If I were a Belle Sherman Cottage resident with an abutting backyard, I would be very concerned about the parking lot atmosphere — cars coming and going at all hours and headlights shining into my home. Lastly, in this day and age, one hopes that solar and/or geothermal options would be integrated into the development. Sincerely, Kris Hodges City of Ithaca Paulette Terwilliger . rom: Paulette Terwilliger Sent: Thursday, June 23, 2016 12:57 PM To: Jim Weber Subject: Fw: Submission from Feedback Form [#12974022] Sent from my Verizon 4G LTE Smartphone ------ Original message ------ From: POW r Date: Thu, Jun 23, 2016 12:41 PM To: Paulette Terwilliger; Subject:Submission from Feedback Form [412974022] Feedback Form (No label 1) 1 have noticed the closing of Pine Tree Road is already causing daily traffic backups on 366 beyond the heating plant. This will only get worse when the students return in the late summer. I suggest the traffic light at the I,haca/Dryden/CornelllMaple/oak stre�As get re -timed. The light now is on basic timer regardiess of how much traffic is on the roads. Cornell Street has a long timer, but almost no traffic (most of the time there are no cars, and occasionally there's one or two vehicles). I suggest you shorten the time Cornell Street has a green light and lengthen the time for Route 366 onto Ithaca Road. Not only will the traffic flow better through the intersection, pollution will also be reduced by having fewer cars waiting long periods of time to go through this intersection. Thank you, Gino Cascioli Your Email address cashonly30C1gmail.com 1 Paulette Terwilliger .-rom: Paulette Terwilliger Sent: Thursday, June 23, 201612:57 PM To: Jim Weber Subject: Fw: Submission from Feedback Form [#12833794] Sent from my Verizon 4G LTE Smartphone ------ Original message ------ From: POW r Date: Wed, Jun 22, 2016 11:02 AM To: Paulette Terwilliger; Subject: Submission from Feedback Form [#12833794] (No label 1) Feedback Form Good morning! I've been in touch before about the problem of overgrown vegetation along the side of the road in the Town of Ithaca, making it difficult for motorists to see oncoming traffic at corners. I realize this is nominally the state's responsibility, but as you've told me, they aren't going to do anything about it. This is especially worrying this year, with lots of people driving in unfamiliar areas, following unexpected detours, and potentially likelier than usual to already be highly frustrated and in a rush. This is a problem as always at the corner of Park Lane and Slaterville Road, and at the corner of Judd Falls Road and Dryden Road. This one is always a problem because westbound drivers on 366 are just slowing down from 45 to 30, and probably haven't gotten there yet, and drivers waiting to turn off Judd Falls Road can't see them because the hill isn't mown far enough back. (Someone's at least mowing part of it.) This is worsened this year because of the Pine Tree A00141 Road detour, putting lots more drivers on 366. A new spot of concern is at the far corner of that detour, the Game Farm Road intersection with Ellis Hollow Road. Cars waiting to turn off Game Farm can't see oncoming cars heading west on Ellis Hallow. This isn't just a theoretical risk. People die on clear days when they can't see oncoming cars soon enough and they try to make a turn, as we saw on Route 96 over the holidays. Please do something to address this. Thanks! Mark H. Anbinder Your Email address mha@ 14850.com Have you tried the new POWr Popup? Date: June 23, 2016 To: Christine Balestra and all members of the Planning Board From: Sara Hess, 124 Westfield Drive, Ithaca Re: MAPLEWOOD SCOPING HEARING - Town of Ithaca Planning Board My Recommendations for the Scoping Document INTRODUCTION: I thank the Planning Board and Planning staff for their careful and professional work on this project. I stand behind the Maplewood project goals of expanding affordable, good quality housing for Cornell graduate students and their families. It serves both the campus community and permanent residences to increase housing close to the campus when there is a demonstrated need. Cornell's history and intentions to increase their graduate school population over the next years supports the need. The project has tremendous resources behind it, not only Cornell, but also EdR, one of America's largest owners, developers, and managers of collegiate housing, according to their website. One EdR press release estimates the project will cost about $80 million. .00`► The fact that EdR will own and operate the housing complex is a tremendous advantage, in that cost saving of low utility costs over the next 20 or more years make good economic sense for their return on investment. This is a valuable opportunity for the Town of Ithaca and Cornell to demonstrate the newest and best practices for long-term, sustainable planning and buildings. Amazing energy -saving technologies are already available, as evidenced by Cornell's new Manhattan campus, which has the first Passivhaus high-rise residence in the country. APPRECIATION FOR IMPROVEMENTS OVER THE FIRST DRAFT SCOPING DOCUMENT: The revised scoping document includes many improvements in areas of energy use, and I appreciate all of you for listening to public concerns and making changes, especially in these very important areas: expanding the geographic area to include other developments in the project area adding investigation on renewable energy methods for heating a cooling, such as solar PV, wind, heat pumps, etc. adding investigation on the impact of the project on the Town's Comprehensive Plan and the Town and County's climate goals and GHG emissions QUESTIONS / COMMENTS_ 1. Could you clarify impact based on an estimate of the number of additional people this development will house over the current population? I understand that the units will go 1 from the current 170 apartments to 453 apartments (an increase of about 2.7 times). And that the number of bedrooms is now estimated at 887. And of course, EdR cannot say specifically how many more people they will house compared to current housing because a bedroom may hold 1 person or 2 persons. However, with all of their experience, they have and should be able to provide a range, as the number of people will influence their calculations on number of cars and traffic; amount of water usage; amount of energy used. All important factors used in their calculations, including an estimate of number of people, should be transparent to the public. 2. Using electric instead of gas for heating, cooling, and appliances is a positive step in building for the future in that it complements renewable sources and net -metering, so EdR is wise for making that change. What energy modeling can EdR provide that demonstrates the project's actual expected carbon use? What components of energy use are included in their modeling, for example, could they use a architectural standard measure such as the 18 energy measures in LEED certification? 3. Does the Planning Board or Town Board have any methods for requiring tracking of energy use by a developer? Not necessarily for enforcement of agreements, but rather to gather useful data for planning purposes and for tracking their own GHG estimates? 4. How will the fossil fuel energy for transporting workers and moving materials be estimated, minimized or mitigated? 5. What will be the increased public costs of new students in school relative to the increase in property taxes paid to ICSD? 6. Given local weather patterns that show an increase in violent storms, downpours, and sudden run-off volumes that are greater than typical, what are the modeling components that demonstrate greater -than -past flooding conditions have been taken into consideration? CONCLUSION: Cornell and Ithaca already have many examples of forward -looking responses to climate change. Examples include over 100 LEED buildings in Tompkins County, rapid expansion of rooftop and community solar, Eco-Village's affordable, low -carbon housing, including Passivhaus and a new 15 unit apartment complex that appears to be net -zero. Leadership in our community will be rewarded by investing time and money time wisely and strengthening community resiliency for the long -run. This project offers an important opportunity to show that we understand the climate crisis we face, and we have the tools, capacity, and determination to build a truly sustainable future. FMQ 2 TO: Town of Ithaca Planning Board and the Ithaca Town Board ,"ON FROM. Kathryn Russell, Ph.D., 434 Snyder Hill Rd., Ithaca, NY DATE: June 24, 2016 RE: EIS Scoping Document—EdR's site plan for the Maplewood Redevelopment Project Too often, we assume that solving the climate challenge is largely a job for national governments; the Paris agreement itself reinforces this "top -down" view. We need to amend our thinking. While national governments have a critical role to play, success also requires a "bottom -up" strategy that mobilizes people to become active in their communities and through their local and state governments worldwide (Ken Kimmel, President of the Union of Concerned Scientists, Catalyst, v. 15, Spring 2016; http://www.ucsusa.org/publications/catalyst/sp 16- americas-post-paris-climate-to-so-list.html#. V22cDJ MrJbg). The Maplewood Development Project provides the Town Ithaca with an exceptional opportunity and challenge. I appreciate that during your consideration of Maplewood I have been able to enlarge my knowledge base and participate in local decision -making. My understanding is that your Board does have the authority to set rules for local development. As lead agency, I believe your role is not only to provide inspiration and leadership for Cornell and EdR, but also to insist that they live up to their reputations as progressive, sustainably minded institutions. They both have the resources to do so. Do they have the moral will? We must require them to! Thank you for taking the time to hear the public on your scoping document for the Maplewood 00M4.1 project. I attended the public hearing on June 21, and I also attended at least one other Board meeting on Maplewood. I feel personally connected to the environmental impact of the Planning Board's decisions because I live on Snyder Hill Road before it meets Quarry Road. Thus, the East Hill Plaza area, Maple Avenue and Mitchell Street are like my neighborhood. I don't want the area to remind me that the Town of Ithaca missed the opportunity to implement in this case its stated goal to reduce greenhouse gas omissions 80% by 2050. Stringent efforts are going to be required by everyone to do that. I know my family and I put up solar panels as one way to do our part. At the public hearing, I heard that EdR has chosen LeChase, a company that hires union, labor as its contractor. As a representative of the Tompkins County Workers' Center to the Coalition for Sustainable Economic Impact (CSED), I was very pleased to hear of that development. I wish to complement my previous comments to the Board, especially now that I have had time to study your Revised Scoping Document. After doing so, I was very much encouraged. You have listened to the public! Thank you very much! I am very happy that: • You will now be requiring EdR to address the other developments in the area by the project sponsor. Will that include the entire South Hill Precinct master plan that Cornell has published? EdR should be required to address the cumulative effects of and propose reasonable alternatives for impacts arising from both Maplewood AND the other South Hill developments planned by Cornell. They are working in coordination so they can be innovative. • You are asking EdR to look at alternatives to using fossil fuels for energy usage and to commit itself to increase their use of renewable sources. /0� Despite the fact that the company said on June 21, 2016 that they were going to use electricity (not natural gas) for the project, how will this electricity be produced? Fifty-three of the world's largest businesses —including Apple, BMW, Google, Microsoft, and Wal-Mart—have pledged to source 100 percent of the electricity they use from renewable sources. Some firms have already met this goal (loc cit). I am a professor emeritus of philosophy from SUNY Cortland, a college that is the first in SUNY to commit to getting its electricity from renewables. Surely EdR, one of the largest designers, builders and managers of college housing can follow these leads. I also have these concerns that you may already be considering but I want to emphasize. Please: 1. Require EdR to do a technical feasibility study and cost benefit analysis of constructing high-energy performance buildings. 2. Require them to quantify and describe the whole carbon footprint caused by the construction and operation of Maplewood. That should include the moving of materials and transportation during the commute of workers and future residents. 3. Ask them to use local contractors to outfit the buildings with green energy sources. 4. Require them to cost out and design for: a. Roofs that are grass or similar energy efficient flora 110� b. Using offsite wind and solar and having roofs facing to the south so they can be retrofitted for additional solar panels in the future if needed c. Install permeable paving and electric plug in spots for electric vehicles d. Minimize light pollution I applaud the Town's goal to reduce energy use in new buildings and to facilitate and encourage the development of renewable energy within the Town. The Maplewood Apartments and Cornell's South Hill Precinct development plans are like a plum ripe for the picking. Cornell has serious GHG reduction and renewable energy goals; so does the Town of Ithaca. Working together and with EdR you should be able to accomplish great things that show the rest of the County what is possible! /00' CITY 4F ITHACA 108 East Green Street Ithaca, New York 14850 OFFICE OF THE MAYOR • SVANTE L. MYRICK Telephone: 607/274-6501 Fax:607/274-6526 To: Bill Goodman, Ithaca Town Supervisor Eric Levine, Chair Recreation Partnership Board From: Svante Myrick, Mayor Re: Waterfront Parks/Recreation Facilities Date: July 5, 2016 I am writing to thank you for your longstanding support of the Recreation Partnership, waterfront parks and recreation facilities and to urge you to continue your support at the 2016 level ($83,620) in 2017. The Town of Ithaca was instrumental in the creation of the Rec Partnership back in 1995 and has been a driving force in keeping it going since then. The Town's collaboration with the City in this area is something we can be proud of, and it is a wonderful model for how communities can share services across municipal boundaries and increase efficiencies and services for all residents. Town of Ithaca and City of Ithaca residents are the highest users of our recreation programs and facilities. When we look at all of the programs and services offered by the Youth Bureau over the last five years, Town of Ithaca residents make up 30% of our users, which is on par with City of Ithaca use. Town residents enjoy these remarkable waterfront parks and benefit from the availability of these recreational facilities for only a fraction of the full cost of owning them. Town residents receive discounted program fees, facility entry fees, and free access to tennis courts, ball fields and the Cayuga Waterfront Trail. Since 2010 Town residents have received over $89,000 in scholarships, allowing them to participate in Youth Bureau programs and activities. As you know, parks and recreational facilities do not pay for themselves. Fees are kept to a minimum so that they can be accessed by all the residents of our community, no matter their means. In 2014 the annual contribution from the town was $111,420. It was reduced in 2015 by $27,800. Our expenses have been increasing, and this revenue is critical to our operation. With an additional $30,000 reduction proposed for 2017, the City will have to look at ways to increase fees and/or cut services for Town residents. Some options we are considering include implementing a fee for parking at the parks, the elimination of swim and skate lessons and season passes at the discounted rate, a limit on the number of scholarships issued to Town residents, and an increase in pavilion and boat storage rental fees. We still do not know the full impact of these adjustments and we would likely have to make further adjustments. We would prefer to avoid these options, as they will impact the neediest in our community Thanks again for all your support. I look forward to having an opportunity to discuss this further with you. Sincerely, tC Svante L. M rick Mayor `An Equal Opportunity Employer with a commitment to workforce diversification." 1«. NEW YORK STATE OF OPPORTUNITY July 25, 2016 Department of Transportation Hon. Paulette Terwilliger, Town Clerk Ithaca Town Hall 215, North Tioga Street Ithaca, NY 14850 ANDREW M. CUOMO MATTHEW J. DRISCOLL Cathy Calhoun (J"I.'' ' 7L,J" RE: Request for release of the state's preferential acquisition rights, City & Town of Ithaca Tompkins County, NY NYS DOT — Lehigh Valley/Borg-Warner Corporation - File # 0199 —7.39 acres Dear Clerk Terwilliger: The Department of Transportation is designated as the official State agency to administer Section 18 of the Transportation Law as amended by Chapter 998 of the Laws of 1973. This statute allows state agencies, regional transportation authorities, and local governments the opportunity to acquire abandoned railroad transportation properties for public purposes. Under the provisions of this Section, a property owner intending to dispose of railroad transportation property shall notify the Department of Transportation of its intention and it may not dispose of the property unless it is granted a release of the State's preferential rights of acquisition. Further, the Department of Transportation shall, in the exercise of its sole discretion, resolve conflicts which may occur between one or more designated public agencies seeking to exercise the acquisition right. Pursuant to these provisions, you are hereby notified that a formal request for the release of the state's preferential right of acquisition has been submitted for the property identified in the enclosed documents. The statute does not automatically extend this right to public agencies; however, it does indicate that they should receive timely notification of the availability of the property. Therefore, we kindly ask if the Town has any interest in acquiring part or the entire property for public use, please reply to this notification by August 261h, 2016. Sincerely, ymond F. Hessinger, P.E., Director Freight & Passenger Rail Bureau Enclosure: Harter Secrest &. Emery LLP /"l ATTORNEYS AND COUNSELORS RIND WWW H5ELAW COM 2016 reight & Passenger Rai! Bureau June 30, 2016 Ray Hessinger, Director NYS Department of Transportation Freight and Passenger Rail Bureau 50 Wolf Road Albany New York 12232 Re: Preferential Right over 7.39 +/- acres, City and Town of Ithaca, Tompkins County, New York Dear Mr. Hessinger: We have been in contact with the New York State Department of Transportation ("DOT") regarding an approximately 7.39 acre railroad corridor in the City and Town of Ithaca, Tompkins County, New York (the "Property") and whether the Commissioner of Transportation has released its preferential right to acquire this Property. From our conversations with the DOT and our title search of the Property, it is our understanding that Robert C. Haldeman, Trustee of the Property of Lehigh Valley Railroad Company, sold the Property to Borg-Warner Corporation in 1977 (the "1977 Sale"). In the deed, which I have enclosed for your reference, Mr. Haldeman, as Trustee, retained ownership of all signal apparatus, main track, side track, and track material from Stone Quarry Road to the east limit of South Cayuga Street, together with an easement to use the tracks for engines and cars for as long as the Lehigh Valley Railroad or its successors and assigns operated over the right-of- way. This easement was to immediately end without any further action required by the parties when railroad operations ceased. Lehigh Valley Railroad requested a release of the Commissioner's preferential right on October 7, 1976, in connection with the 1977 Sale. The DOT sent out canvass letters on November 18'', but determined on December 9 h that Section 18 of the Transportation Law did not apply to the 1977 Sale because Lehigh Valley Railroad was still going to provide service to Morse Chain Company, a division of Borg-Warner Corporation. Service to Morse Chain Company/Borg-Warner Corporation was taken over by Consolidated Rail Corporation sometime after the 1977 Sale (Conrail purchased the remainder of e"IN Lehigh Valley Railroad's real property in Tompkins County in 1976, and may have begun operating the Morse Chain Company's portion soon after), as evidenced by the Interstate Commerce Commission's authorization of Conrail's abandonment of 1.5 miles of rail line 1600 BAU5CH & LOMB PLACE ROCHESTER. NY 14604-2711 PHONE: 585.232.6500 FAX: 585.232.2152 ROCHESTER. NY - BUFFALO. NY ALBANY, NY - CORNING, NY • NEW YORK. NY Harter Secrest & Emery LLP ATTORNEYS AND COUNSELOR$ June 30, 2016 Page 2 between Ithaca and "Morris Chain" on March 11, 1982. On January 13, 1983, Borg-Warner Corporation sold the Property, along with surrounding land, to a predecessor -in -interest of EMERSUB 15 LLC. EMERSUB 15 LLC continues to own the Property as well as 87 acres of surrounding land. EMERSUB 15 LLC is in the process of selling the Property and the surrounding land to a limited liability corporation, and requests your advice as to whether the Commissioner of Transportation has released the preferential right to acquire the Property in connection with the 1977 Sale, Conrail's 1982 abandonment of the rail line, and/or Borg-Warner Corporation's 1983 sale to EMERSUB 15 LLC's predecessor. Alternatively, if you find that the preferential right for the Property has not been released, we request that the DOT release its preferential right of acquisition to the Property. In addition to the 1977 deed from Robert C. Haldeman, Trustee of the Property of Lehigh Valley Railroad Company, to Morse Chain Company, we have enclosed the following documents for your review: (1) a deed of correction to the 1977 deed, which corrects the Grantee's name from "Morse Chain Company" to -13org-Warner Corporation"; (2) a form from the DOT detailing the status of the Property; (3) Li letter dated December 9, 1976, from the 000%, Director of the DOT's Real Estate Division to the Lehigh Valley Railroad Company regarding the 1977 Sale; (4) a copy of a Federal Register notice of Consolidated Rail Corporation's authorization to abandon its rail line between Ithaca and "Morris Chain" (presumed to be Morse Chain) in 1982; (5) the deed from Borg-Warner Corporation to Emersub IV, Inc. dated January 13, 1983; (6) a map of the Towii and City of Ithaca highlighting the approximate location of the Property; and (7) a survey of EMERSUB 15 LLC's Ithaca property showing the meets and bounds of the Property. In the event you have anN questions or need any additional information to complete this reLjuest, please contact me at 555-? )1-1374 or by email at LMSmith@hselaw.com. Thank you iri ad% ance for your time and consideration of this issue. Very truly yours, Harter Secrest & Emery LLP Laura M. Smith 585,23 1 1374 LMSMITHQHSELAW COM. LMS:Ims Enclosures • u A~ QUADRANGLE L( (;A11UF4 •�•-- 13 _,C 34• 9B • � 1 ••fie 1 S J • 1 KIWML lte --a LL i 9� tea•• 39OS 2 !. 1�.•s- ti a `� ~ v�Lii�i� ri�BM� a fi• � h\ 7` �l ��• • Lr ., In albai,i *.1:8 --\—`—Y/ 1W _•- _ �- A C1�CORNEIL..Y �9,UNIVERSII li4"';! IlY � 1 >V Cemetery16 ` 1�41► s iiis + r ue t . 366 ra �• t Y �. -•-•' ABM - a 366 87 >a' • q 1 _'' -,SC (B �S 51 �; ' 1 I Ca�•:.` ,c �•�`•• - GSSMM3 �: _ . w '•�»„\ram. �C�ema.ery 47 zV ' ayes 1 e4?' •1 A� r 904927 ■ g 1 O vs a� r 1• ■ • tl 1 � rb sab� %• • R •...• Q c _ate 1 � 06SIt 1 1 e ^•\ lake Tremnn •� \ �. L UUjU"j GO 592 FAec1088 -9- Running thence (23) South sixty degrees seven minutes thirty-six seconds West (S 60' 07' 36" U) along the lands reputedly of Borg- Warner and Benjamin ■ total distance of savan X%undred forty-two and ninety hundredths (742.9D) feet to a concrete monument; Running thence (24) on a curve to the right and along the lands reputedly Of Benjamin a distance of three hundred and twenty-two hundredths (300.22) feet to a concrete monument. said curve having a chord bearing and distance of South sixty-four degrees seventeen minutes fifq -seven seconds hest (S 64' 17' 57" A) two hundred ninety-nine and ninety six hundredths (299.96) feet; Running thence (25) South 'sixty-seven' degrees fifty-two minutes fifty seconds ;lest (S 67' 52' SD" W) along the lands reputedly of Farrell passing through a pipe at seventy-three and forty-four hundredths (73.44) feet, said pipe being North sixty-seven degrees fifty-two minutes fifty second& East (N 67' 52' 50" E) ten (10) feet from the intersection of the southerly railroad right of way and the easterly highway line of Stone Quarry Road, a total distance of one bundred seventy-three and ninety-four hundredths (173.94) feet to the present centerline of Stone Quarry Road; Running thence (26) northerly along the present centerline of Stone Quarry Road the following courses: North fifty-five degrees forty-nine minutes forty-two Seconds East (N 5$' 49' 42" E) sixty and fifty-one hundredths (60.51) feet; North thirty-eight degrees three tainutes nineteen seconds East (N 38' 03' 19" E) fifty-two and sixty-nine hundredths (52.69) feet; North thirty-three degrees twenty-five minutes thirty-eight seconds East (N 33' 25' 38" E) forty-three and sixty-six hundredths (43.66) feet to the point or place of beginning. Containing seven and thirty-nine hundredths (7.39) acres of land. Also, all that tract or parcel of land situate in the City of Ithaca, ' County of Tompkins, State of New York. and more particularly bounded and described as follows: Beginning at a point in the west line of South Aurora Street at its j intersection with the southerly line of the right of way of the former Lehigh Valley Railroad, now owned by Borg Warner Corporation (See Book 556 of Deeds at Page 1081); thence southerly along the west line of South Aurora Street 152.5 feet more or less to other lands of Borg F Warner Corporation; thence westerly along a northerly line of sold lands of Borg-Warner Corporation 245 feet, more or lesst to the southerly line of said Railroad right of vay; thence. northeasterly along the said ti southerly line of told Railroad right of way to the point or place of beginning. 1 ' Bain& the some premises conveyed by Sara H. Lawson to Borg ;darner Corporation by deed dated September 29, 1976 and recorded in the -- Tompkins County Clerk's Office in Eook 567 of Deeds at Page 446. Parcel _ ALL THAT TRACT OR PARCEL OF i.AND situate in the City of Ithaca, Tonpl;ins County, New York, Shown on a Survey map entitled 'BOUNDARY AND,TOPOGRAPSiIC MAP, NAT'i0NA7, CASH REGISTER CO. PROPERTY ON SOUTH AURORA ST., CITY of I,THACA, T0ti2RINS Co., N.Y.' by Thomas G. Miller, Engitieex and Surveyor, Ithaca, Now York, dated re,br-aa=y 7, 1974, revised Octobmr 14, 1976, a copy of which was filed in the Tompkins County Clerk's Office on February 23, 1977 iu Envelope 144, bounded amd described as follower M-ma tell 'Aw �Wlp To WL= ZU Iq J ' t4. XZ1 I NNIIstll"'kl I 1 71 I II y�R 04 I'll 1 711, 5". cm Debra DeAu istine irom: Carol A. Komaromi <cak27@cornell.edu> Sent: Wednesday, July 27, 2016 1:14 PM To: Debra DeAugistine Subject: Ithaca Beer Noise Permit Good afternoon, I live at 10 Peachtree Lane and attended the public hearing for the Ithaca Beer Noise Permit a few weeks ago. It was suggested that some members of the Board would attend the brewery on the night of the live music to see how loud it was. Since our concern is how loud the music is in our backyards and not at the restaurant, I would invite anyone to stop by our deck (corner of Apple Blossom and Peachtree). I am guessing it will be even louder than in April since more trees have been removed from the bottom of the street to allow for a snow plow turnaround. Thank you. Carol Komaromi 10 Peachtree Lane e'*"07-280-4032 /Oft\ August 2, 2016 Town of Ithaca Attn: Bill Goodman, Town Supervisor 215 N. Tioga Street Ithaca, N.Y. 14850 Re: Zoning ordinance modification request Dear Mr. Goodman: I am writing to see if the Town Board would consider a modification to Chapter 270-135(E) of the zoning ordinance. The current ordinance allows for a restaurant with a drive -through under a special permit if it is located less than 1,500 feet from the property boundary of an existing restaurant with a drive -through. The ordinance was passed after a Business Zone Analysis was performed in 2000. The study concluded that restaurants with drive-throughs should be allowed in the Community Commercial zone by special permit, subject to standards for distance separation, stacking, and design. However, the 1,500 foot requirement could not be met even at the time the ordinance was passed. The Burger King on Ellis Hollow Road already existed and 1,500 feet from its property boundary extends beyond the boundaries of the Community Commercial zone. Since the Business Zone Analysis concluded that restaurants with drive-throughs should be allowed in the Community Commercial zone subject to certain requirements, we would like the Town Board to consider a modification to the zoning ordinance to allow the 1,500 foot threshold to be lower if the following conditions are met: 1) the restaurant with drive -through is on a different street than the existing restaurant with drive -through, 2) the building access and set back are sufficient for stacking, and 3) the traffic impact is not substantial. The criteria set forth would address the concerns outlined in the Business Zone Analysis and would allow for a restaurant with a drive -through in a Community Commercial zone, which was the conclusion of the report. Attached for your reference is a copy of Table 1 from the report. Thank you for your time and consideration on this matter. Very truly yours, �l Mary )(o Yunis President C�j L � •� cc r+i0 � C -� O > � � ca 12 C w� 7 a G as G ch ccf .• a, rrs U G cisU pa -0 G u cj t4 En N C i7 I:r , lzIn � V .�_. tiy..S7 •L] .vl U .� 1J � LI r O t%D O J Q m O cn 'L7 WO ,.r ,�* Lo 9 G LJ a Z r' C ft tn D p ems. Et C 'V O vs U cOt Q w Z C1 u 0 era U JC O s U L a �- .D - . �• Q D 3 c. o Q yw a3 a3 L Cn o GL) > ca >, s� rz D N CL aGi p r✓� C �. v,s00 O O ry C) D U `�.. �. eN.. v QJ O .�i v . gym... 00 49 K V bD tp C O dD J rJ pp tit a] CatD ' E; o Cl Ca u -I-, Cz . w o o be C.)� °' o Utic Cl �. p U "� U .� w G O O O« , .�D+ G CIS a cc [� cy U .G , Cl GD L asr Q cn v C 4 "— P un v v v w G$ G rr, Debra from: Debra DeAugistine Sent: Thursday, August 04, 2016 8:23 AM To: Bill Goodman Subject: Ithaca Beer Noise Permit Dolores Thompson,11 Peachtree Ln, called regarding the noise permits for Ithaca Beer. She said the music doesn't bother her in the least. She gets to enjoy free concerts right from her home and doesn't have to pay for drinks. Deb Debra DeAugistine From: Larry Sallinger <Iarry14850@yahoo.com> Sent: Thursday, August 04, 2016 6:49 AM To: Debra DeAugistine Subject: Ithaca Beer Co. Noise Permits Public Hearing 8/8/16 Please provide the members of the Town Board the following comments regarding the above referenced: We want to restate our position that the application (s) previously submitted for noise permits for events on August 11, 18 and 25 fail to meet the requirements clearly outlined in the Town's Noise Ordinance (184-12). With respect to the application for an event on October 15, we are very much opposed to a 7 hour, outdoor event involving an Oompa Band, dancing and cheering. To allow our neighborhood to be subjected to this sort of activity on a fall weekend day when many of us want to enjoy our own outdoor peace and tranquility would be a clear violation of the spirit, if not the intent of the Town's noise ordinance. Since the agenda for the 8/8/16 meeting is not on the Town's website as we write these comments, we have not seen any supporting information and may want to comment further after the agenda is ,,w,available. Larry & Louise Sallinger 14 Peachtree Ln. Debra DeAugistine From: Larry Sallinger <Iarry14850@yahoo.com> Sent: Thursday, August 04, 2016 3:05 PM To: Debra DeAugistine Subject: Ithaca Beer Co. Noise Permit Hearing 8/8/16 Please add the following comments to those we've previously submitted to the Town Board regarding the above captioned: We would ask the Board to speak to Code Enforcement Director, Bates regarding correspondence Larry Sallinger sent in early March of this year anticipating noise issues this spring/summer. Mr Bates responded citing the Town's noise ordinance and advised that he had sent a copy of my email to Mr. Mitchell. This preceded the event that gave rise to involving the sheriffs department and referenced noise issues in prior years that Mr. Bates said the town had knowledge of. To somehow assume that the PDZ exempts IBC from obtaining any required permits for activities that otherwise require permitting is inconsistent with any reading of the PDZ enabling language. Respectfully, Larry & Louise Sallinger /0. OF r T�9� y921-- TOWN OF ITHACA �rY°4 PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicworks @town.ithaca.ny.us PHONE (607) 273-1656 Roads, Parks, Trails, Engineering, Sewer, and Water August 8, 2016 Via Certified Mail Joseph S. DeVincentis, Vice President G. DeVincentis & Son Construction Co., Inc. 7 Belden Street Binghamton, NY 13903 Re: Notice of Termination Sapsucker Woods Watermain Replacement Project Ithaca, New York Dear Mr. DeVincentis: FAX (607) 272-6076 In accordance with Article 17 of the Contract General Conditions, notice is hereby given that the Town of Ithaca is terminating its Contract with G. DeVincentis & Son Construction Co, Inc. for the Sapsucker Woods Watermain Replacement Project. Respectfully Submitted, William Goodman, Town Supervisor cc: James Weber, Director of Public Works Susan Brock, Attorney for the Town Guy Krogh, Attorney for the Town Paulette Terwilliger_ From: Sent: To: Subject: Attachments: FYI as we discussed Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p: 607-273-1656 f: 607-272-6076 w: www.town.ithaca.ny.us Jim Weber Tuesday, August 09, 2016 11:52 AM Paulette Terwilliger FW: Response to your 8/2/2016 Letter Park Lane Response 8-9-16 signed.pdf From: Jim Weber Sent: Tuesday, August 09, 2016 10:26 AM To: 'Joseph DeVincentis' Cc: Daniel Thaete; jslater(c town.ithaca.ny.us; Bill Goodman; brockLd)clarityconnect.com; Guy Krogh <gkroghCathalerandthaler.com> (gkroghCcothalerandthaler.com) Subject: Response to your 8/2/2016 Letter Mr. DeVincentis, Please find my response to your August 2, 2016 letter to Mr. Daniel Thaete, relative to the Park Lane Watermain Replacement Project, a signed copy will be sent via USPS. Based on the limited progress that has been realized on this project I have no recourse but to recommend termination of the Two remaining projects, Sapsucker Woods Road Watermain Replacement project and Christopher Circle Watermain Replacement project. We ask that you continue your efforts on the Park Lane Watermain Replacement project by the end of this construction season, end of October 2016. Please feel free to contact me should you have any questions. James Weber Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p: 607-273-1656 f: 607-272-6076 w: www.town.ithaca.ny.us PHONE (607) 273-1656 August 9, 2016 Via Certified Mail TOWN OF ITHACA PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 pubIicworks@townJthaca.ny.us Roads, Parks, Trails, Engineering, Sewer, and Water Joseph S. DeVincentis, Vice President G. DeVincentis & Son Construction Co., Inc. 7 Belden Street Binghamton, NY 13903 Re: Notice of Termination Christopher Circle Watermain Replacement Project Ithaca, New York Dear Mr. DeVincentis: FAX (607) 272-6076 In accordance with Article 15 of the Contract General Conditions, notice is hereby given that the Town of Ithaca is terminating its Contract with G. DeVincentis & Son Construction Co, Inc. for the Christopher Circle Watermain Replacement Project. Respectfully Submitted, William Goodman, Town Supervisor cc: James Weber, Director of Public Works Susan Brock, Attorney for the Town Guy Krogh, Attorney for the Town OrIT,�, � a TOWN OF ITHACA PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publimorks Q town. itham ny. us PHONE (607) 273-1656 Roads, Parks, Trails, Engineering, Sewer, and Water FAX (607) 272-6076 August 9, 2016 Via Certified Mail Joseph S. DeVincentis, Vice President G. DeVincentis & Son Construction Co., Inc. 7 Belden Street Binghamton, NY 13903 Re: Notice of Termination Sapsucker Woods Watermain Replacement Project Ithaca, New York Dear Mr. DeVincentis: In accordance with Article 15 of the Contract General Conditions, notice is hereby given that the Town of Ithaca is terminating its Contract with G. DeVincentis & Son Construction Co, Inc. for the Sapsucker Woods Watermain Replacement Project. Respectfully Submitted, William Goodman, Town Supervisor cc: James Weber, Director of Public Works Susan Brock, Attorney for the Town Guy Krogh, Attorney for the Town TOWN OF ITHACA PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 p u b l i cwo rks @ town . i t h aca. n y. us PHONE (607) 273-1656 Roads, Parks, Trails, Engineering, Sewer, and Water FAX (607) 272-6076 August 9, 2016 Mr. Joseph S. DeVincentis, Vice President G. DeVincentis & Son Construction CO., Inc. 7 Belden Street Binghamton, NY 13903 Re: Contract Compliance for Water Main Project; Park Lane, Sapsucker Woods Rd, Christopher Circle Mr. DeVincentis; I have read your letter dated August 2, 2016, relative to contract compliance for the above listed projects. Your letter had an extensive number of items; therefore I would like to address your items of concerns as you have listed them. • Unrealistic Start and Finish Dates - The Town of Ithaca issued the Notice to Proceed on April 27,2016 which identified a Start date for the contract, May 2, 2016, Substantial Completion, July 8, 2016 and Final Completion August 12, 2016. Except for some verbal discussions the Town of Ithaca did not receive any written communication indicating that the 90 day construction time frames were unattainable for any individual project. If G. DeVincentis & Son Construction Co. had any concerns with the time identified a change order should have been submitted for consideration. I will address the overall project schedule for all three projects when I respond to your comment relative to sequencing of project work as identified within your proposed and accepted schedule. The Town of Ithaca would not let you start Construction until a Preconstruction meeting had been held - As identified in the "Notice to Proceed", which was included within the Project Bid Documents, AG-23, three items are listed that must be completed prior to the start of any work and they are; Attend a Pre - construction meeting with the Town, Submit a Traffic Control and Signage Plan and Submit a Project schedule detailing events and projected durations. Therefore yes, you could not start any work until you scheduled the Pre - construction meeting, which was held on May 11, 2016. Pre -construction meeting discussion relative to project scheduling - You indicated that your came to the pre -construction meeting with a construction schedule beginning at Park Lane, then moving to Sapsucker and constructing Christopher Circle last. Mr. Hebdon and Town staff questioned how you planned to complete the projects, whether consecutively or concurrently. You indicated that you wanted to address the projects consecutively and begin with the "hard" one first, Park Lane. Only after discussion as to how you planned on accomplishing this task, staffing the project with multiple crews with their own focus, temporary pipe installation, main installation, service connections and restoration, who could then, when done with their task, be moved to the next project creating a smooth and seamless progression form one project to the next, the Town did agree, not recommend, that you could move forward with your schedule. Even considering all of the concerns you have identified up to this point you have not submitted any requests for a change order to the "substantial completion" date of this current project. • The work would be completed by the end of the year — Based on the project scheduling you provided and agreed to (your schedule dated 5/20/2016), as outlined above, you proposed to complete all three projects, including "clean up" by mid -October, the normal end of construction season, not the "end of the year". • Construction delays due to utility locations and material delivery — Neither of these items is the responsibility of the Town. Utility location conflicts happen and are part of the construction industry and should be or can be addressed by modification of project staffing. All of the required material submittals for this project were reviewed and approved, by the Town, within two days and even the same day from when we received them, therefore the Town did not impact your material delivery schedule. Also, after the approval of the material submittal for the temporary water main on 5/12/16, you requested a modification/change from a 6" pipe to a 4" pipe which was approved on 5/17/16, again the Town did not impact your delivery/material schedule. • You anticipate completing water work on Park Lane in the next week to ten days — As of the preparation of this letter your crews had not even completed the transfer of water services on the previous section of temporary water main and you still had approximately 1,000 feet of new main to install, test and transfer services. That cannot be completed within the ten days you have identified; at the earliest that work (not including any restoration work to the lawns and pavement areas), could be completed is by mid -September, which is two months later than the contract's substantial completion date of 7/8/16. Throughout this whole process G. DeVincentis & Sons has been in control of the construction sequencing, and the effectiveness thereof to meet the time frame identified within your project schedule, and as accepted by the Town of Ithaca. Except for the initial project startup and other isolated days the Park Lane Water main project has only been staffed by G. DeVincentis & Sons with one crew consisting of , three to five person. A single crew of this size is far from effective or efficient to diligently complete the project as you had proposed to the Town. Based on your letter date August 2, 2016 it does seem pretty clear that the you are agreeing that you are unable to complete the work before the end of the construction season. Please be advised that, pursuant to paragraph 3.2 of the Contracts, "The time beginning, rate of progress, and the time of completion are essential conditions of this Contract," and that as of this date and based upon the your own representations, it is clear that the G. DeVincentis and Son Construction Co. could not begin, let alone complete, the Christopher Circle or Sapsucker Woods projects on time or according to the schedule. Therefore to protect the interests of the Town of Ithaca and our water customers, Please be advised that the the Town will be cancelling the Sapsucker Woods Road and Christopher Circle Water Main Replacements Projects. We also recommend that G. DeVincentis & Sons appropriately staff the Park Lane water main Replacement project forSom—pletion within the 2016 construction season, and before the end of October 2016. es ctfully Submitt d, ames Weber, Director of Public Works cc: William Goodman, Town Supervisor Susan Brock, Attorney for the Town Guy Krogh, Attorney for the Town Daniel Thaete, Town Engineer Paulette Terwilliger From: Paulette Terwilliger Sent: Wednesday, August 10, 2016 1:51 PM To: 'Kurt Komaromi' Cc: Bill Goodman - TB; Eric Levine Esq. - TB; Pamela Bleiwas (PamTownIthaca@gmail.com); 'Pat Leary'; Rich DePaolo; 'Rod Howe (rlh13@cornell.edu)'; Tee -Ann Hunter Subject: RE: Octoberfest Attachments: TB 2016-110 Noise Permits Ithaca Beer.docx Dear Mr. Komaromi, The office closes at 4:00 p.m. so my Deputy did not get this email to provide to the Town Board Monday. have attached the resolution passed Monday night for your information. The Oktoberfest is from 2:00 - 9:00 pm am sending it here by cc`ing them. Thankyou Paulette Terwilliger Town Clerk 273-1721 ext 110 -----Original Message ----- From: Kurt Komaromi[mailto:kurtkomaromiCa)gmail.com] Sent: Monday, August 08, 2016 4:52 PM To: Paulette Terwilliger Cc: Louise Salinger Subject: Octoberfest Dear Paulette: I am unable to attend the public hearing tonight on the permit for IBC to hold an all -day Octoberfest event with a band. I do not think it's reasonable to ask residents to listen to an oompah band for 7 hours. Furthermore, it's clear that IBC is planning to hold major outdoor entertainment events in the future. There needs to be a permanent solution that will protect the privacy of residents while allowing IBC some latitude in hosting reasonable outdoor entertainment events. That solution would involve the construction of noise barriers to limit the volume of music that comes into our backyards. Best regards, Kurt Komaromi 10 Peachtree Lane 1 Request to add a "little free library" at or near the Shirley Raffensperger gazebo along the Pew Trail on Snyder Hill Little free libraries are built and donated by residents and placed in their neighborhoods in order to encourage reading among persons of all ages and to provide another space for neighbors to interact. We are requesting that the little free library built and donated by Juanita Weber -Shirk be permitted to be installed at or near the Shirley Raffensperger gazebo along the Pew Trail in our neighborhood. It is a site heavily used by walkers, dog walkers, bikers, kids learning to bicycle. It is a site that would allow book browsing and conversations and be off a road. Signature Printed Name V1111 FM I1W G ,� I � 9 �� 1 y I iLllL��_ � , • W/Aiji�piijjiiii� 9 WOM=U MA Mp WI - mm W %, I I YEN ? AA t > �� , � � � s, . . «* * w �. . ,k K . : ,\f 2.'�. » y � � K ��, � © .,/ �. «§4».z� z©° � a� <J« \w¥ �� ©2� ? %� � �. ... �< � \ : 2' \ » . / \ % ` * , � � � � � « j %? . <� \ ,,y , TOWN OF ITHACA I821 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN SUPERVISOR 273-1721 x 125 FAX (607) 273-1704 September 16, 2016 Gerald and Patricia Hall 1307 Trumansburg Road Ithaca, NY 14850 Dear Mr. and Mrs. Hall: I am writing to inform you that the Town Board and staff have discussed your request in the petition from May about extending the Town sewer line up Trumansburg Road (Route 96) past the Hospital and Professional Building. As I explained when we talked on the phone earlier this summer, because of the distance that would need to be covered, building a sewer line extension there would be very costly, and so the Town cannot do so at this time. We will keep this in mind, however, if we get additional proposals for development in that area. Sincerely, William D. Goodman, Town Supervisor BARCLAY DAMON"P q �,,- l l -" ,Ca~ Marie D. Lansing �'GcoUt'aNe, Partner October 11, 2016 L. Richard Stumbar, Esq. Schlather, Stumbar, Parks & Salk, LLP 200 East Buffalo Street P. O. Box 353 Ithaca, New York 14851 Re: Chemung Canal Trust Company of Ithaca, Index No. 2016-0436 Chernung Canal Trust Company v. Town of Ithaca, Index No. 2016-0435 Dear Mr. Stumbar: Enclosed herewith for service upon you please find Notice of Voluntary Discontinuance, with Notice of Entry, in each of the above -referenced matters. Very truly yours, �R Mark D. Lansing MDL: srm Enclosures cc: Clerk of the City of Ithaca (with enclosure) Clerk of the Town of Ithaca (with enclosure) Superintendent, Ithaca City School District (with enclosure) Tompkins County Treasurer (with enclosure) M. Crabtree (via email with enclosure) 80 State Street - Albany, New York 12207 barclaydamon.com mlansing@barclaydanion. corn Direct: 518.429.4264 Fax: 518.427 3469 Also Admitted In: District of Columbia and Massachusetts 12600878.1 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS In the Matter of the Application of CHEMUNG CANAL TRUST COMPANY, Petitioner, -against- Index No. 2016-0435 TOWN OF ITHACA ASSESSOR, TOWN OF ITHACA BOARD OF ASSESSMENT REVIEW and the TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, SIRS: Respondents. PLEASE TAKE NOTICE that the within Notice of Voluntary Discontinuance was duly entered and filed in the office of the Tompkins County Clerk on the 6th day of October, 2016. DATED: October 11, 2016 TO: L. Richard Stumbar, Esq. Schlather, Stumbar, Parks & Salk, LLP 200 East Buffalo Street P. O. Box 353 Ithaca, New York 14851 BARCLAY DAMON, LLP By: Mark D. Lansing Attorneys for Petitioner 80 State Street Albany, New York 12207 Telephone (518) 429-4200 12600402.1 A a 0 r LJ STATE OF NEW YORK SUPREME COURT 11111111111IIIIII 111111111111111111111111111111111111111111111101 Index #: 2016-0435 C12016-23554 10/06/2016 03:33:41 PM NOTICE OF VOLUNTARY DISCONTINUANCE OF Maureen Reynolds, Tompkins County Clerk COUNTY OF TUMPKINS i In the Matter of the Application of CHEMUNG CANAL TRUST COMPANY, Petitioner, NOTICE OF VOLUNTARY. -against- DISCONTINUANCE TOWN OF ITHACA ASSESSOR, TOWN OF ITHACA BOARD Index No. 2016-0435 OF ASSESSMENT REVIEW, and the TOWN OF ITHACA, TOMPKINS COUNTY, NEW VOW RJI No. 2016-0310-M > n 'title. P PLEASE TAKE NOTICE THAT Petitioner, Chemung Canal Trust Company, is voluntarily discontinuing its Notice of Petition and Petition in the above -captioned matter, without prejudice, pursuant to Section 3217(a) of the Civil Practice Laws and Rules of the State of New York. DATED: October 4, 2016 12549282.1 BARCLAY DAMON, LLP By: )W;r Ma`rlc D. Ding Attorneys for Petitioner z 80 State Street Albany, New York 12207 Telephone (518) 429-4200 . STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS In the Matter of the Application of CHEMUNG CANAL TRUST COMPANY, Petitioner, -against- TOWN OF ITHACA ASSESSOR, TOWN OF ITHACA BOARD OF ASSESSMENT REVIEW and the TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, Respondents. STATE OF NEW YORK } } SS. COUNTY OF ALBANY } SHARON R. MADDALLA, being duly sworn, deposes and says: AFFIDAVIT OF SERVICE Index No. 2016-0435 1. I am over the age of 18 and am not a party interested in this matter and reside in the County of Rensselaer, New York. 2. On October 11, 2016, I served a true copy of Notice of Voluntary Discontinuance, with Notice of Entry, upon: L. Richard Stumbar, Esq. Schlather, Stumbar, Parks & Salk, LLP 200 East Buffalo Street P. O. Box 353 Ithaca, New York 14851 Superintendent Ithaca City School District 400 Lake Street Ithaca, New York 14850 Clerk of the Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Tompkins County Treasurer 125 East Court Street Old Jail Ithaca, New York 14850 12600402.1 By depositing the same in properly addressed, sealed envelope, with postage pre -paid thereon, in an Official Depository maintained and exclusively controlled by the United States Post Office and located at Hudson Street Station, Albany, New York 12207. SHARON R. MADDALLA Sworn to before me this 11 th day of October, 2016. tary Public ERIN KAYSER Notary Public, State of New York Qual in Rensselaer Co., No. KA6341107 My Commission Expres May 2, 20 12600402.1 r�/V PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF I REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration "drainage ditches should be designed so ❑ vehicle leaving the roadway can cross over them without the vehicle overturning,being abruPYZ!tgpged or causing the driver to lose control. Roadside ditches Mat ure not rruvercuhle hi' desi ru slrauld Fie 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Same of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again, the Federal Highway Administration points out that "in addition to ditches and side slopes incorrectly (installed) maintained drop inlets pipe ends culvert ends, head walls and other drainage features located adjacent to the roadway moy be potentially hazardous". 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers, At the very least, they are certainly difficult to mow. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. Respectfully submitted, SIGNATURE DATE Email (optional) NA€VIE (Please print) STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration, "drainage ditches should be designed so a vehicle leaving the roadway can cross over them without the vehicle overturning, being abruptly stopped or causing the driver to lose control. Roadside ditches that are not traversable by desio should be redesigned. " (http://safeiy.f]iwa.dot. ovg /local rural/training/fhwasa09024/#c2.2) 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Some of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again. the Federal Highway Administration points out that "in addition to ditches and side slopes, incorrectly (installed) maintained drop Inlets ""e ends culvert ends, head walls, and other drainage features located adiacent to the roadway may be potentially hazardous" 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. S. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. es p fully s ed, SIGNATURE 6ArvrveD NAME (Please print) 0 r /(0 e -1 -/ -5 lrggi vi 5u, DATE Email (optional) Zfi STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration. "drainage ditches should be designed so a vehicle leaving the roadway can cross over them without the vehicle overturning, being abruptly stooped or causing the driver to lose control. Roadside ditches that are not traversable by desia should be redesigned. " (http://safeny.fliwa.dot. ovg /local rural/training/fhwasa09024/#c2.2) 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Some of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again, the Federal Highway Administration points out that "in addition to ditches and side slopes incorrectly !installed) maintained drop inlets. nine ends culvert ends head wails, and other drainage features located adjacent to the roadway may be potentially hazardous". 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. S. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. Respectfully submitted, SIGNATURE DATE Email (optional) earizor)KgA 4) s3 Mrsivm"I Ly NAME (Please print) STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration "droinage ditches should be designed so a vehicle leaving the roodwoy can cross over them without the vehicle overturning, being abruptly stopped or causing the driver to lose control. Roerclsi(le elitches thol ure not tr-arersuhle hi' clesi rrr slxxrld hr rcydesi� iei 1. ruralruainim,`ili%vasa{ 9O2 4/4c'_?) 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES S0111C of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again the Federal Highway Administration points out that "in addition to ditches and side slopes, incorrect) installed maintained drop inlets pipe ends culvert ends head walls and other droino e features locoted adjacent to the roadway may be potentiolly hazordous". 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4, THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. S. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. Res ��ectfully submitted, SIGNATURE DATE Email (optional) 2I ( �Jej tcr&J Cry' l I, Nti NAME (Please print) STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration "droinage ditches should be designed so a vehicle leaving the roadwov can crass over them without the vehicle overturning, being abruptly sto2ped or causing the driver to lose control Roaclricic clirches ilicrt ai•e nor frciverscihle hi, desi'�rn sfroiilcl l)e redesi rirecL'"(I�ttp:flsafct�•.Ih��a.ciot.+�oyiliacal rttial/tr�►isiinJt7zwas�i0962��:=c3?} 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Some of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again, the Federal Highway Administration points out that "in addition to ditches and side slopes incorrect!y (installed maintained drop inlets pip e ends culvert ends head walls and other drainage features located adjacent to the roadwov may be potentially hazardous". THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. �s ectfully su mitted, ez� 12:7,AO16 4ELAIS��Adl-ed4 S ATURE r DA E Email (optional) NAME (Please print) STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration "drainage ditches should be designed so a vehicle leaving the roadway can cross over them without the vehicle overturning, being abruptly stopped ar causing the driver to lose control Roadside ditches that are not traversable by design should be redesigned. " a0://safety fhwa dot eov/locai rural/trainingLbwasa09O24/#c2.2) 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Some of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. again the Federal Highway Administration points out that "!n addition to ditches and side stones, incorrectly instaped maintained dron inlets. nine ends culvert ends head walls and other drainage features located adiacent to the roadway may be potentially hazardous". 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. 5. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. Respectfully submitted, •i: moy e 9/'M-re NAME flPlease print) DATE Em (optional) STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration "drainage ditches should be desr ned so o vehicle leoving the roadway can cross over them without the vehicle overturning,being abruptly stopped or cousinq the driver to lose control Rot&siele ditches that tyre ryot truverscible by cle.sigyy should be redes4g,tied._ (littp://safetv.nlw t.dot.,iov/lacal Turalltrainin{a'i1y«tys4i09024/ c2.2) 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Same of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Amain the Federal Highway Administration points out that "in addition to ditches and side slopes incorrectly (installed) maintained drop inlets wipe ends culvert ends, head walls, and other drainage features located adjacent to the roadway may be potentially hazardous". THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4, THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. Respectfully submitted, SIGNATU ,E r tLk - NAME (PI ase print) STREET ADDRESS Email (optional) PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loon with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. Accordina to the Federal Highway Administration, "drainage ditches should be desi ned so a vehicle leaving the roadway can cross over them without the vehicle overturnina, being abruptly stopped or causina the driver to lase control. Roadside ditches that are no ersable b des sho Id be redesigned. •' h ://safe .fhwa. t. ov/local rum[/trainin fhwas 024/4c2.2 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Some of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again. the Federal Highway Administration Points out that "in addition to ditches and side slopes, incorrectly (installed) maintained drop inlets. pipe ends, culvert ends head walls and other drainage features located adiacent to the roadway may be potentially hazardous': 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. 5. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. Res ectfully ubmitted, SIGNATURE DATE Email (optional) ( ) T e T Ti3 —Ind sr va.eliJ Li, r + NAME (Please print) STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal HighwaV Administration "droina e ditches should be designed so a vehicle leavinq the roadway can cross over them without the vehicle overturning, being abruptly stopped or causing the driver to lose control. Ra�rdside ditches !lrctl cryc' uo1 !raver sable by desi �jl.slr(rl((cI l7e redesi�cl,_(Lin :l/safet�•.fiwa.(lot.�uov!locaI ruralr`iraiiiine`th%%asa(19fJ24r c?.?) Z. THERE ARE CONCRETE HAZARDS IN THE DITCHES S01ne of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again the Federal Highway Administration points out that "in addition to ditches and side slopes, incorrect!y (installed maintained drop inlets, pJ12e ends culvert ends " head walls and other drainage fecitures located adiacent to the roadway rnoV be potentially hazardous. 3. THE ROAD SHOULDERS ARE TOO NARROW IN PEACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. S. TT INAEOLITYTO MOW HAS UNSIGHTLY EFFECTS Th inabi y to mow steep ditches results in an unsightly, weed clogged mess. Rest full y�dbmIltt , /YI GNA7l1} E DATE Email (optional) NAME (Please print) STREET ADDRESS PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loon with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration. "drainage ditches should be designed so a vehicle leaving the roadway can cross over them without the vehicle overturning being abruptly stopped or causing the driver to lose control Roadside ditches that are not traversable by desir�n should be redesi r►I�r ed. " ao://safety fhwa dot Lvov/local rural/training/fhw—sa09O24/#r,2.2) 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Some of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again, the Federal Highway Administration Points out that "in addition to ditches and side slo es incorrectly installed maintained droo inlets pi -be ends culvert ends head walls and other drainage features located adiacent to the roadway may be potentially hazardous" 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. 5. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The Inability to mow steep ditches results in an unsightly, weed clogged mess. Respectfully submitted, & 4-ern ioe co me SIGNATURE DATE Email (optional) -Dcnaa. UUSC-arella` 4"91 ! S% L)gatur e(,o NAME (Please print) ,J /� L D STREET ADDRESS O /�•S PETITION BY THE RESIDENTS OF WESTVIEW LANE TO THE TOWN OF ITHACA REQUESTING THE INSTALLATION OF AN UNDERGROUND STORM DRAINAGE SYSTEM TO REPLACE THE PRESENT DITCH SYSTEM The undersigned resident of Westview Lane in the Town of Ithaca petitions the town to replace the present storm drainage ditch system on the Westview Lane loop with an underground system similar to that which has been done for other communities in the town and at no direct cost to the petitioners. The present storm drainage system needs to be eliminated because it is dangerous to pedestrians, motorists and bicyclists. 1. THE DITCHES ARE EXCESSIVELY DEEP AND STEEP Almost all of drainage ditches on Westview Lane have such excessive slope angles and depths that they will cause an out -of -control vehicle to sustain a head-on collision with the far embankment or ditch bottom. Such an occurrence is more apt to happen on the Westview Lane loop given its steep grade. According to the Federal Highway Administration "drainage ditches should be designed so (7 vehicle leaving the roadway can cross over them without the vehicle overturning, being abrupt!abruptlV stopped or causing the driver to lose control. Roacishle clitches shut are not lra e)-sahle hi, cle.clerr slurrrlc7� rc�clesierrecl."(Iittp;/,'s;�fen.tl7ti�a.dot.,�nr!local ruraVtrdtinin��'tit��asa(�902-I/#c'_?) 2. THERE ARE CONCRETE HAZARDS IN THE DITCHES Some of our ditches contain exposed concrete sanitary sewer catchment basins that present additional hazards to vehicles entering ditches. Again the Federal Highway Administration points out that "in addition to ditches and side slopes incorrectly (installed) maintained drop inlets PlP_ ends culvert ends, head walls and other drainage features located adjacent to the roadway may be potentially hazardous". 3. THE ROAD SHOULDERS ARE TOO NARROW IN PLACES Some of the road shoulders are so narrow and so constricted by deep ditches that they are a real danger to pedestrians and bicyclists. 4. THE DITCHES ARE DANGEROUS TO MOW Mowing these ditches is hazardous, particularly for those on riding mowers. At the very least, they are certainly difficult to mow. 5. THE INABILITY TO MOW HAS UNSIGHTLY EFFECTS The inability to mow steep ditches results in an unsightly, weed clogged mess. Respectfully submitted, /% SIGNATURE NAME (Please print) ` 2 1 Ljl ,wi. a�� n DAT Email (optional) STREET ADDRESS TOWN OF ITHACA (,a � 215 N. Tioga Street, Ithaca, N.Y. 14850 y0- "+ www.town.ithacamy.us Paulettc Tem illi er. ToN�n Clerk Phone: (607) 273-1721 Debra DeAugistine, Deputy Town Clerk ptcruilligcruto%%11.itliaca.n\.us Fav (607)273-5854 ddeaugistine(aDtown.ithaca.ny.us November 21, 2016 Governor Andrew Cuomo Executive Chamber State Capitol Albany, New York 12224 Dear Governor Cuomo: I am writing in support of 56708-A, sponsored by Sen. Patty Ritchie (AI0527 Assemb. Patricia Fahy), which would require the mandatory rededication of monies remaining in the Local Government Records Management Improvement Fund ("LGRIMF") at the end of every fiscal year. The immediate impact of the enactment of this legislation will be that an additional $762,000 will become available to local governments in competitive grant funding. In 1989, the LGRMIF was created by the Governor and the Legislature to: (1) provide funding for the efficient management of local government records; (2) provide funding for regional records management training and technical assistance; and (3) provide funding for State Archive's oversight and administration of -these programs. The LGRMIF is financed by money collected by county clerks across the state when documents are recorded in the clerk's office and when civil index numbers are purchased as required by CPLR 306-a. Approximately $216,463,057 in grant funds through 10,002 competitive grant awards have been distributed to local governments on the county, city, town, and village level as well as BOCES and school, water, sewer and fire districts in all 62 counties of NYS. This fund has transformed the records management practices on the local level to preserve and conserve our history. Since 2008, the Office of Budget has "swept" over $6 million from this fund. Last year, $762,000 was swept. S6708-A will ensure that the fund is protected from being swept in the future. As there has been no increase in the surcharge level that funds the LGRMMF program, preventing the fund from being swept will help the fund to continue its mission to serve local governments. In addition, 56708-A will address the need to serve an increasing number of applicants resulting from the Local Government Records Management Improvement Grants law was amended by chapter 508 of the laws of 2014 (A8680-A, 53646-13, 2014). This chapter expanded the entities eligible for LGRMIF grants to include fire companies and voluntary ambulance services. Volunteer fire and ambulance companies are non -governmental, not -for -profit organizations. This new law opened the fund for the first time to entities that are non- governmental. This change has increased the number of entities applying for grants from the fund without any change in the surcharge that pays for the fund. By exempting the LGRIMF from sweeping, the fund will be able to meet the demand from the newly eligible entities applying for funding in addition to funding the counties, cities, towns, villages, BOCES, and school, water, sewer and fire districts that the fund was originally created to serve. Thank you for your consideration of this request. I firmly believe that the LGRMIF has completely transformed records management practices in every corner of our great state. As such I believe this fund is worthy of the protection afforded by 56708-A/A10527 and I respectfully request that you sign this bill into law. Sincerely, Paulette Terwilliger, Town Clerk tj n ;cat' P, J;a�� William D. Goodman, Town Supervisor Paulette Terwilliger From: Jim Weber Sent: Monday, November 21, 2016 1:21 PM To: michelle e.romero@usps.gov Cc: Paulette Terwilliger; Bill Goodman, Mike Salvig Subject: maintenance required problem 2582609 Attachments: Post Office Lease.pdf Ms. Romero, I am responding to your request for maintenance. This work seems to be the same issue that we discussed in January of this year. Based on the lease that the Town of Ithaca signed with the postal service in 1998, page 3 of the addendum to lease, #f9 — Separate entranceway: Postal service is responsible for their entranceway, therefore the Town is not responsible for the repair as outlined within your letter. I have attached a copy of the lease for your reference. Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p: 607-273-1656 f: 607-272-6076 w: www.town.ithaca.nv.us Custor,-ier Solutions Center 11/11/2016 TOWN OF ITHACA 215 N TIOGA ST ITHACA, NY 14850-4357 EMCOR Customer Solutions Center LISPS Landlord Maintenance Program CIO EMCORICBRE 4050 East Cotton Center Blvd, Suite 40 Phoenix, AZ 8504C Contact phone number at bottom of letter Fax: 866-705-3094 www.emcorgroup.com CERTIFIED MAIL: 70160910000226747680 RETURN RECEIPT REQUESTED And Via FIRST CLASS MAIL �— SUBJECT: ITHACA DOWNTOWN STATION ITHACA, NY 14851 Maintenance Required Dear LANDLOR-1 The following is in itemized list of the needed repairs: Call 2063992—.,"roblem 2582609: interior Lobby door fell off the hinge need to be repaired Hours of operation are 8.20am to 5:20pm Please remember that any repair and alteration work involving disturbance of asbestos -containing materials (ACM) or lead -based paint (LBP) is subject to Occupational Safety and Health Administration (OSHA) requirements; other federal, state, or local requirements may also apply, depending on facility location. Please contact the undersigned immediately to discuss any known or suspected asbestos or lead issues relating to any repairs. Please make arrangements for the repair(s), and notify the postmaster or installation head at the leased facility (tel. 607-375-6004) of the date to expect the repair personnel on site. For security purposes, advise individuals requiring access to any Employee Only areas to be prepared to show a picture ID. Please have this work completed no later than 12111/2016. Should you fail to complete the work, the Postal Service has the legal right to contract for the work, and the cost, plus any administrative fee and appropriate interest, will be reimbursed by you or deducted from your rent. If you have any questions, please contact me by email (preferred) at michelle.e.romero(a7usps.gov or by phone at (602) 685-4732 and reference the problem number (above) on any correspondence. Please be sure to notify me upon completion. Thank you in advance for your attention to this matter. Sincerely, Michelle Romero USPS Landlord Maintenance Program cc: Real Estate Specialist/Permanent Lease File NEWYORK STATE OF OPPORTUNITY. Department of Transportation Honorable Paulette Terwilliger Town Clerk, Town of Ithaca 170 Bostwick Road Ithaca, NY 14850 Dear Ms. Terwilliger: November 15, 2016 m ANDREW M. CUOMO Governor MATTHEW J. DRISCOLL Commissioner DAVID P. SMITH, P.E. Regional Director SPEED LIMIT REDUCTION EAST KING ROAD TOWN OF ITHACA This is in further response to your February 111" request for a speed limit reduction on East King Road from Route 96B to the Elizabeth Anne Clune Montessori School in the town of Ithaca. Our traffic safety staff has completed their review of this location. Based on accident analysis, test drives, existing roadside development, highway characteristics, and prevailing traffic speeds, retaining the existing speed limit is appropriate. However, it was noted during the field visit that several improvements could be made to the pedestrian crossing and the roadway within the study area to increase safety for traveling motorists and pedestrians in the area. The most notable recommendation would be the installation of an "In Street. Pedestrian Sign". Given the school setting with students crossing the road multiple times during the day, this sign would be appropriate at this location; the following is a quote from a recent Traffic Safety Mobility Instruction (TSMI): "Summary: New York implemented one of the first in -street pedestrian sign programs in the country in 1996 and has been a leader in advocating its use. Studies have shown that where the sign (in -Street Pedestrian Sign) is used, compliance rates for yielding or stopping for pedestrians are significantly higher than at unsigned locations. While not a complete panacea, the device offers another tool for improving the pedestrian safety". Page 4 TSMi 16-02 5116116 50 Wolf Road, N[_L:i:;�.:J`,' 1�2 2 i •....,,.,.".�:x.y_;v 'Honorable Paulette Terwilliger November 9, 2016 Page 2 In addition, as you may be aware, on 6/20/16, the New York State Department of Transportation (NYSDOT) launched an initiative to improve pedestrian safety throughout the State. One of the key components of the plan is the Pedestrian Safety Action Plan; I've included the website link for your reference (www.ny.gov/pedsafety) . NYSDOT is addressing mid -block and unsignalized crosswalks throughout the Regions as outlined in the Pedestrian Safety Action Plan. In line with the Department's Pedestrian Safety Action Plan, improvements to the crosswalk could be made; examples can be found on page 56 with specific details appropriate to signage at this location noted below: • "School Speed Limit Ahead 30 mph" signs (both directions) — currently yellow o Recommend replacement with Yellow -Green panels o Recommend addition of Yellow -Green Reflective Post Strips • "30 mph sign" 7am-6pm, School Days" - currently Yellow -Green o Recommend addition of Yellow -Green Reflective Post Strips • Advanced Placement "School Pedestrian Warning" signs with 700 foot" plaque and "Ahead" plaque (both directions) — currently Yellow -Green o Recommend addition of Yellow -Green Reflective Post Strips • "School Pedestrian Warning" signs with "Downward Pointing Arrows" (both directions" — Yellow -Green o Recommend installation of back-to-back "School Pedestrian Warning" signs and "Downward Pointing Arrows" with existing panels o Recommend addition of Yellow -Green Post Reflective Strips 50 feet in advance of the crosswalk — in both directions o Recommend installation of Yield Line Pavement Markings o Recommend installation of "Yield Here to Pedestrian" signs o Recommend installation of White Reflective Post Strips Honorable Paulette Terwilliger November 15, 2016 Page 3 Lastly, the difference in the pavement height and the shoulder height can create a safety hazard for pedestrians and motorists; our staff measured a 1-2 inch lip between the pavement and the gravel throughout the study area. This can cause tires to catch, increasing the risk of run -off -road accidents, as well as increase difficulty for safe navigation for pedestrians. Shoulder back-up repair would improve the overall safety for this section of roadway. Your interest in this traffic safety matter is greatly appreciated. Very truly yours, David P. Smith, P. E. Regional Director Attachments cc: Jeffrey B. Smith, Highway Director, Tompkins County Highway Division Daniel E. Klein, County Legislator, District 7 Will Burbank, County Legislator, District 12 Anne Robbins, Montessori School Lisa Smith, Montessori School C. E .2 E 9 IN -STREET PEDESTRIAN CROSSING SIGN INSTRUCTIONS / SPECIAL CONDITIONS 9/19/16 — TLH per TSMI 16-02 (Code: TOB) APPLICATION This sign is for use at marked crosswalks, located at unsignalized intersections where it is deemed necessary to remind motorists of the requirements of Section 1151 of the Vehicle & Traffic Law. SPECIAL CONDITIONS 1. The sign should be removable for seasonal (snow removal) or other maintenance purposes. Signs should not be displayed between November 15L through April 15`h. 2. The In -Street Pedestrian Crossing signs, may be used seasonally to prevent damage in winter because of plowing operations, and may be removed at night if the pedestrian activity at night is minimal. USE 1. If an In -street Pedestrian Crossing Sign is used, the following version, shall be used: A. 111-6 sign - (National Manual of Uniform Traffic Control Devices (MUTCD) version 2009) - STATE LAW V TO • WITHIN CROSSWALK 2. The R1-6 sign should be limited to locations where there are marked crosswalks. R1-6 3. The R1-6 sign shall not be used at intersections where traffic control signals are in operation, at mid - block crosswalks where traffic control signals are in operation, or in the vicinity of pedestrian tunnels or overpasses. 4. The 111-6 sign is for use in the middle of the roadway. 5. On State highways, the purchase, deployment, removal and maintenance of the signs shall be the responsibility of the municipality. Permission to install and maintain the device shall be authorized through a Highway Work Permit. A permit is valid for five years and is renewable. Page 1 of 2 MATERIAL 1. The 111-6 sign shall be made of a flexible reflectorized material using ASTM Type R or higher sheeting. 2. The base of the 111-6 sign shall not exceed a width of more than 18". 3. The design detail for the 111-6 sign is found in the Standard Highway Sign book. The 111-6 sign shall have a black legend (except for the red YIELD sign symbol) and border on a white background. The area immediately outside the framed border shall be either yellow, or flourescent yellow -green background. The sign shall not be totally yellow or flourescent yellow -green in color. 4. The sign support shall comply with the breakaway requirements of the latest edition of AASHTO's "Specification for Structural Supports for Highway Signs, Luminaires, and Traffic Signals". LOCATION 1. Where used, the 111-6 sign should be placed in the middle of the roadway immediately in advance of, or Immediately beyond, the crosswalk. If an island is available, the sign should be•placed on the island. 2. It should not be placed where it will adversely affect the turning of vehicles. 3. It may be mounted on a drum (see Section 6F.67, MUTCD), cone (see Section 6F.64, MUTCD), tubular marker (see Section 6F.65, MUTCD), or other similar device. 4. It may be placed at a height which is less than required by Section 2A.18, MUTCD. S. The sign should be removable -for seasonal (snow removal) or other maintenance purposes. If the device is attached to the pavement, it should be done using a removable sleeve, lag screws, epoxy, etc. 6. The devices should not be placed on highways with a speed limit greater than 30 MPH. The signs may be used in work zones provided that the work zone speed limit shall not exceed 30 MPH. CONTACT PERSON Questions regarding this permit can be directed to: Tina Crowley, P.E. Traffic Safety and Mobility Group, R3 New York State Department of Transportation (315)428-4382 Page 2 of 2 HANCOCK k SI' A. 13 t t O O K, i i. 'r C O I1 N 881. 085 A I IAAI CARRIE J. POL.LAK 4 as(lcrd�d hnn gat A, nl,_(�{.. December 9, 2016 Jonathon Wood, Esq. Tompkins County Attorney 125 East Court Street Ithaca, New York 14850 (607)274-5546 Guy K. Krogh, Esq. Thaler & Thaler, P.C. 309 North T ioga Street, 41 Ithaca, New York 14850 (607) 272-2314 Susan Brock, Esq. c/o Town of Ithaca Town Hall 215 North Tioga Street Ithaca, New York 14850 (607) 277-3995 Jeffrey A. Rosenbloom NYSEG 18 Link Drive Binghamton, New York 13904 (800)572-1111 1°•arr% .1. 4 Ialm Re: Notice of Appearance: Proposed Extension of South Hill Recreation Way To Whom It May Concern: Please be advised that the following attorneys have been retained by interested landowners Scott Van Gaasbeck and Bill Hilker with respect to the proposed extension of the South Hill Recreation Way. Direct all future correspondence on the above captioned matter to our attention. Nets Ackerson, Esq. Ackerson Kauffman Fex 1300 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004 eels@ackerso n taw. com (202) 789-7349 I112958042.21 Carrie J. Pollak, Esq. Hancock Estabrook, LLP Gateway Center 401 East State Street, Ste 304 Ithaca, New York 14850 epollak@hancocklaw.com hancocklaw.com (607)391-2860 NCOCK A B R 0 0 K, UP COUNSELORS AT LAW *Not admitted to the New York State Bar We thank you kindly in advance for your cooperation. Very truly yours, HANCOCK ESTABR00�K, LLP Carrie J. Pollak cc: Town of Caroline, Town Board PO Box 136 2670 Slaterville Road Slaterville Springs, New York 14881 Town of Dryden, Town Board 93 East Main Street Dryden, New York 13053 Town of Danby, Town Board Danby Town Hall 1830 Danby Road Ithaca, New York 14850 (H2958042.2) Town of Ithaca, Town Board 215 North Tioga Street Ithaca, New York 14850 Edward Marx, Commissioner Tompkins County 21 E. Court Street Ithaca, New York 14850 Tom Knipe, Planner Tompkins County 121 E. Court Street Ithaca, New York 14850