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HomeMy WebLinkAboutPB Minutes 1994-01-18TOWN OF ITHACA PLANNING BOARD JANUARY 18, 1994 FILED �\ MW WX The Town of Ithaca Planning Board met in regular session on Tuesday, January 18, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Robert Kenerson, Virginia Langhans, Herbert Finch, James Ainslie, Eva Hoffmann, Candace Cornell, Stephen Smith, Daniel Walker (Town Engineer), George Frantz (Assistant Town Planner), Louise Raimondo (Planner I), John Barney (Town Attorney). ALSO PRESENT: Robert O'Brien, Frank Santelli, Rich Weiss, Walter Wiggins, Attorney Shirley Egan. Chairperson Kenerson declared the meeting duly opened at 7:34 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on January 10, 1994, and January 13, 1994, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Ithaca, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on January 12, 19944 Chairperson Kenerson read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Robert Kenerson stated that the Board members need to nominate a vice - chairperson, and asked if anyone were prepared to make a motion. MOTION by Virginia Langhans, seconded by Herbert Finch: RESOLVED, that the Town of Ithaca Planning Board elect and hereby does elect Stephen Smith as Vice Chairperson of the Town of Ithaca Planning Board for the year 1994. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell. Nay - None. Abstain - Smith. The MOTION was declared to be carried unanimously. ► received a letter l y Planning Board 2 January 18, 1994 PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF 4.54 + /- ACRES FROM TOWN OF ITHACA TAX PARCEL NO. 73- 1 -1.2, 10.81 + /- ACRES TOTAL, AND FURTHER, CONSIDERATION OF SITE PLAN APPROVAL AND RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH REGARD TO A PROPOSED ADDITION AND RENOVATIONS TO THE DARWIN C. SMITH SPECIAL EDUCATION BUILDING AT TOMPKINS- SENECA -TIOGA BOCES, LOCATED AT 555 WARREN ROAD, TOWN OF ITHACA TAX PARCELS NO. 73 -1 -1.31 AND 73 -1 -1.32, RESIDENCE DISTRICT R -15. TOMPKINS- SENECA -TIOGA BOCES, OWNER; ROBERT O'BRIEN, HOFFMAN O'BRIEN LOOK TAUBE & CHIANG, P.C., AGENT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 7 :38 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Robert O'Brien addressed the Board and stated that BOCES was seeking a subdivision of four and a half acres from the property currently owned by Cornell University. Mr. O'Brien stated that BOLES was purchasing the land from Cornell University in order to allow for more room for the proposed expansion for the Smith School to enlarge the campus in order to separate different populations with different needs. Mr. O'Brien stated that they were also proposing a bus turn around beside the addition to the Smith School. Mr. O'Brien stated that about one third of the property would be disturbed and that the views from houses would be primarily unaltered. Board Member Candace Cornell asked if the purpose of the bus turn around was intended to separate the students. Rich Weiss, representing BOLES, responded that there were four levels of student population, and the current bus circle could not handle the quantity of students that would be attending the school. Chairperson Kenerson stated, for the record, that Cornell University, as the land owner, was requesting the subdivision. Assistant Town Planner George Frantz stated that the Town had received a letter which stated that Cornell University was in agreement with the subdivision. Assistant Town Planner George Frantz stated that the staff recommends that the Planning Board waive the requirement for Park and Open Space set aside. Board Member Candace Cornell stated that she would like the Planning Board to request cash in lieu of the Park and Open Space set aside requirement. Town Engineer Daniel Walker stated that cash in lieu of was a Planning Board 3 January 18, 1994 good suggestion and 'r ► was Planning Board 3 January 18, 1994 good suggestion and that there was a need for a plan to be put into context of an up to date Park and Open Space Plan. There appearing to be no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Virginia Langhans, WHEREAS. seconded by Candace Cornell. 16 This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 4.54 +/- acres from Town of Ithaca Tax Parcel No. 73- 1 -1.2, 10.81 +/- acres total, for consolidation with Town of Ithaca Tax Parcels No. 73 -1 -1.31 and 73 -1 -1.32, Residence District R -15. Cornell University, Owner; Tompkins- Seneca -Tioga BOCES, Applicant; Robert O'Brien, Hoffman O'Brien Look Taube & Chiang, P.C., Agent.Preliminary & Final Subdivision Approval, BOCES. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, at a Public Hearing held on January 18 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I submitted by the applicant, a Part II prepared by the Town planning staff, a subdivision plat entitled "Final Plat Showing Lands to be Conveyed by Cornell University to Tompkins - Seneca -Tioga Board of Cooperative Educational Services, Warren Road, Town of Ithaca, Tompkins County, New York" prepared by Allen T. Fulkerson, L.S., and dated November 15, 1993, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed action, as proposed; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above reference action as proposed and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Finch, Hoffmann, Cornell, Smith. Nay - None. 1 Planning Board 4 January 18, The MOTION was declared to be carried unanimously. MOTION by Eva Hoffmann, WHEREAS, seconded by Herbert Finch. 1994 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 4.54+/ - acres from Town of Ithaca Tax Parcel No. 73- 1 -1.2, 10.81+/ - acres total, for consolidation with Town of Ithaca Tax Parcels No. 73 -1 -1.31 and 73 -1 -1.32, Residence District R -15. Cornell University, Owner; Tompkins - Seneca -Tioga BOCES, Applicant; Robert O'Brien, Hoffman O'Brien Look Taube & Chiang, P.C., Agent. 29 The Planning Board, at a Public Hearing held on January 18, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I submitted by the applicant, a Part II prepared by the Town planning staff, a subdivision plat entitled "Final Plat Showing Lands to be Conveyed by Cornell University to Tompkins - Seneca -Tioga Board of Cooperative Educational Services, Warren Road, Town of Ithaca, Tompkins County, New York" prepared by Allen T. Fulkerson, L.S., and dated November 15, 1993, and other application materials, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on January 18, 1994, made a negative determination of significance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waived certain requirements for Final Subdivision Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 29 That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of 4.54+/ - acres from Town of Ithaca Tax Parcel No. 73- 1 -1.2, 10.81+/ - acres total, for consolidation with Town of Ithaca Tax Parcels No. 73 -1 -1.31 and 73 -1 -1.32, conditioned upon :receipt for signing by the Planning Board Chairman of an original or mylar copy and four dark -line prints of the approved final plat. vote. There being no further discussion, the Chair called for a I Planning Board Aye - Kenerson, Nay - None. 5 January 18, 1994 Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith. The MOTION was declared to be carried unanimously. Chairperson Kenerson stated that BOCES had also come before the Board requesting Site Plan Approval, and asked if there was any further discussion or questions. Mr. O'Brien addressed the Board and stated that BOLES wanted to add approximately 50,00 square feet to the existing Smith School, to expand the programs for special education. Mr. O'Brien stated that the addition would be one story and wrap around into a box shape to form an interior court yard. Mr. O'Brien stated that the lighting and landscaping would be a continuation of what is there currently. Board Member Eva Hoffmann asked about the traffic impacts and the possibility of stormwater drainage impacts. Town Engineer Daniel Walker stated that the traffic generated by the additional faculty and students would not adversely impact that area. Mr. Walker stated that there will be on site measures taken to mitigate the stormwater runoff, plus utilization of the existing stormwater storage along Warren Road. Board Member Candace Cornell asked if the Planning Board's approval of the Site Plan would be conditioned upon the Approval of the Town Engineer, Town Engineer Daniel Walker replied, yes. Mr. Walker stated that there was enough capacity at the Cayuga Heights waste water treatment plant had enough capacity to handle the additional need that could be caused from the BOLES expansion. There being no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Virginia Langhans. .P :I: : _ 1. This action is the Consideration of Preliminary Site Plan Approval, and further, a recommendation to the Zoning Board of Appeals with regard to a proposed addition and renovations to the Darwin C. Smith Special Education Building at Tompkins - Seneca -Tioga BOLES, located at 555 Warren Road, Town of Ithaca Tax Parcels No. 73 -1 -1.31 and 73 -1 -1.32, Residence District R- 15. Tompkins - Seneca -Tioga BOLES, Owner; Robert O'Brien, Planning Board 0 Hoffman O'Brien Look Taube & Chiang, January 18, 1994 P.C., Agent, and 2. This is a Type I Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, at a Public Hearing on January 18, has reviewed and accepted as adequate the Public School Environmental Assessment Form and Draft Environmental Impact Statement submitted by the applicant, and two site plan drawings entitled "Campus Site Plan - Additions and Alterations to Smith Special Education Building, Tompkins - Seneca -Tioga Board of Cooperative Educational Services, Ithaca, NY" and "Project Site Plan - Additions and Alterations to Smith Special Education Building, Tompkins - Seneca -Tioga Board of Cooperative Educational Services, Ithaca, NY" prepared by Hoffman O'Brien Look Taube & Chiang, P.C., and dated December 7, 1993, and other application materials. 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed site plan; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Hoffmann, Smith, Finch, Cornell. Nay - None The MOTION was declared to be carried unanimously. MOTION by Candace Cornell, WHEREAS: seconded by James Ainslie. 1. This action is the Consideration of Preliminary Site Plan Approval, and further, a recommendation to the Zoning Board of Appeals with regard to a proposed addition and renovations to the Darwin C. Smith Special Education Building at Tompkins - Seneca -Tioga BOLES, located at 555 Warren Road, Town of Ithaca Tax Parcels No. 73 -1 -1.31 and 73 -1 -1.32, Residence District R- 15. Tompkins - Seneca -Tioga BOLES, Owners Robert O'Brien, Planning Board III January 18, 1994 Hoffman O'Brien Look Taube & Chiang, P.C., Agent,. and 2. This is a Type 1 Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on January 18, 1994, made a negative determination of significance with regard to preliminary Site Plan Approval, and 3. The Planning Board, at a Public Hearing on January 18, 1994, has reviewed and accepted as adequate the Public School Environmental Assessment Form and Draft Environmental Impact Statement submitted by the applicant, and two site plan drawings entitled "Campus Site Plan - Additions and Alterations to Smith Special Education Building, Tompkins - Seneca -Tioga Board of Cooperative Educational Services, Ithaca, NY" and "Project Site Plan - Additions and Alterations to Smith Special Education Building, Tompkins - Seneca -Tioga Board of Cooperative Educational Services, Ithaca, NY" prepared by Hoffman O'Brien Look Taube & Chiang, P.C., and dated December 7,1993, and other application materials. NOW, THEREFORE, BE IT RESOLVED. 1. That the Town of requirements for the Preliminary determined from t result in neither Ithaca Planning Board hereby waives certain Preliminary Site Plan Approval, as shown on and Final Site Plan Checklist, having he materials presented that such waiver will a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary Site Plan Approval to the proposed site plans entitled "Campus Site Plan Additions and Alterations to Smith Special Education Building, Tompkins- Seneca -Tioga Board of Cooperative Educational Services, Ithaca, NY" and "Project Site Plan - Additions and Alterations to Smith Special Education Building, Tompkins- Seneca -Tioga Board of Cooperative Educational Services, Ithaca, NY" prepared by Hoffman O'Brien Look Taube & Chiang, P.C., and dated December 7, 1993, conditioned upon the following: a. Submission to and approval by the Town Engineer of the final design of the stormwater management facilities; b. Approval of water improvements by the Town Engineer and SCLIWC; c. Approval of sanitary sewage plans by the Town Engineer and village of Cayuga Heights Superintendent of Public Works, n 7 Planning Board d. Submission Department 8 January 18, 1994 to and approval by the Town Planning of the final landscaping plan. AND BE IT FURTHER RESOLVED: 1. That the Planning Board, in making recommendation to the Zoning Board of Appeals, determines the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; bo the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed project; c. the specific proposed change in land use as a result of the proposed project is in accordance with a Comprehensive Plan of development for the Town of Ithaca. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be approved. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of Preliminary and Final Subdivision Approval and Site Plan Approval with a Recommendation to the Zoning Board of Appeals for the proposed BOCES expansion duly closed at 8:22 p.m. SKETCH PLAN REVIEW: PROPOSED "BUTTERMILK VALLEY" CLUSTER SUBDIVISION OF TOWN OF ITHACA TAX PARCELS NO. 36 -1 -4.2 AND 36 -1 -6, 74 +/- ACRES TOTAL INTO 70 LOTS, APPROXIMATELY 4,150 LINEAR FEET OF ROAD, APPROXIMATELY 20 ACRES OF PERMANENT OPEN SPACE, AND WATER AND SEWER FACILITIES, TO BE LOCATED BETWEEN 1146 AND 1172 DANBY ROAD, RESIDENCE DISTRICT R -15, SPECIAL LAND USE DISTRICT S -1. WALTER J. AND JOYCE Y. WIGGINS, OWNERS /APPLICANTS. Chairperson Kenerson declared the Sketch Plan Review in the above -noted matter duly opened at 8 :24 p.m. Walter Wiggins addressed the Board and stated that he was I Planning Board 9 January 18, 1994 seeking sketch plan approval for a cluster subdivision on Danby Road that would enable Mr. Wiggins to construct homes in a more modest price range than what is generally available in the Town of Ithaca. Mr. Wiggins stated that there were 70 proposed lots, and that the open space requirement had been met with a permanent open space area of approximately 20 acres. Mr. Wiggins stated that there were two pathways for access to the open space. Mr. Wiggins stated that there was a temporary road which would be in place only long enough for development. Mr. Wiggins stated that the road would meet the specifications of the Town of Ithaca. (Sketch Plan is attached hereto as Exhibit #1) Board Member James Ainslie asked if there was a price range on the homes Mr. Wiggins intended to build in the cluster subdivision. Mr. Wiggins stated that the maximum price would be $120,000 in Phase I of the project. Mr. Wiggins gave a brief description of the costs involved in putting homes on the lot, having electric run to each home, and putting in any other necessary utilities on each lot, to show how he arrived at the $120,000 price for each lot. The Board discussed affordable housing and if Mr. Wiggins' proposed clustered housing would be considered affordable to the average family living within the Town of Ithaca. Board Member Candace Cornell proposed that the Planning Board, at a meeting in the near future, come up with its own definition of affordable housing in the Town of Ithaca. Board Member Candace Cornell asked who would have the responsibility for the pond shown on the Sketch Plan, Mr. Wiggins responded that he would maintain the pond or that it could be incorporated into Buttermilk Falls State Park. The Board discussed stormwater management on the proposed subdivision and in the surrounding area. Chairperson Kenerson declared the matter of Sketch Plan Review for Buttermilk Valley duly closed at 9:13 p.m. AGENDA ITEM: DISCUSSION OF CORNELL UNIVERSITY DGEIS COMMENTS. Planner I, Louise Raimondo, addressed the Board and stated the planning staff had included copies of the comments received from the public, and a summary of those comments which was drafted by Ms. Raimondo. (Hereto attached are the following Exhibits: Exhibit #2 - Staff summary of public comments, Exhibit #3 - Comments from the Tompkins County Department of Planning, Exhibit #4 - Comments from the Planning Board 10 January 18, 1994 Tompkins County Environmental Management Council, Exhibit #5 - Comments from the New York State Department of Transportation, Exhibit #6 - Comments from the Environmental Review Committee, Exhibit #7 - Comments from Ellen Harrison, Exhibit #8 - Comments from Barbara Peckarsky, Exhibit #9 - Comments from Doug and Bruce Brittain) The Board discussed the comments made by the public and reviewed Ms. Raimondo's summary of those comments. The main concerns of the public were water quality issues and traffic issues. There was some mention of the natural areas in and around the study area. The Board also discussed the set back distances and the possible disruption of views. The Board discussed the distances for set backs, buffer zones, and no -build zones to surround natural areas. Planner I, Louise Raimondo, addressed the Board and stated that Cornell University Campus Planning Office had given Ms. Raimondo their responses to the public comments which had been received in response to the Draft GEIS. (Cornell University's response to public comments is attached hereto as Exhibit #10) Ms. Raimondo stated that the Planning Board may wish to appoint a committee of Board Members to participate in drafting the actual Town's responses and bring them to the full Planning Board for approval. Chairperson Kenerson asked if any of the Planning Board Members were interested in working with staff to come up with the language to answer some of the public's comments regarding the DGEIS. Board Members Candace Cornell, Eva Hoffmann, and Stephen Smith volunteered to work with Louise Raimondo on the DGEIS and report their progress to the Planning Board. Attorney Shirley Egan asked if the meetings among the staff and the three Board Members be open so that a Cornell Representative could participate in that meeting. Chairperson Kenerson stated that the purpose of the meetings was a work group to draft the Town of Ithaca staff and Planning Board draft responses and the product of that would come before the full Board in a public forum. Planner I, Louise Raimondo, stated that if the Board had any comments or concerns about the DGEIS to please let her know as soon as possible so that they could be addressed or incorporated into the document. There being no further discussion, the Chair closed this segment of the meeting. Planning Board AGENDA ITEM: OTHER BUSINESS. 091 January 18, 1994 Board Member Candace Cornell asked if the Board could discuss the issue of affordable housing. Ms. Cornell stated that she also wanted to know if the Planning Board could asked the Town Board could establish a system for accruing funds for Park and Open Space Plan. Ms. Cornell stated that the source of that money would come from set asides that have been waived for some reason. The fund would allow the Town to accept cash in lieu of the set aside requirements. Town Attorney John Barney stated that there was a problem with taking money and using it for general park purposes townwide. Attorney Barney stated that if money is taken in lieu of set aside, the money would have to be used in for a park somewhere in that general area. Planner I, Louise Raimondo, asked Attorney Barney to provide the Board with some legislation on the accepting money in lieu of set aside requirements. Ms. Raimondo asked Attorney Barney if the Town of Ithaca could be divided into quadrants for this issue. Chairperson Kenerson stated that there needed to be a resolution or a statement of concern drafted to present to the Town Board. There being no further discussing regarding affordable housing, the Chair asked if there was any other business to be discussed at this time. No on spoke. Chairperson Kenerson stated that if any of the Board Members knew of anyone that would be interested in serving on the Board, to let them know there is a vacancy. ADJOURNMENT Upon MOTION, Chairperson Kenerson declared the January 18, 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 10:19 p.m. Respectfully submitted, StarrRae Hays, Recording Secretary Town of Ithaca Planning Board • �rt 00 N P J � O I5 � O O E it a I A 9 3 E V \ 7 `l i ry` E 4\ E �i J •4 0 LI \ for OW a to .. i i if / I,/ Joe iL —• a ® \\ Aid IE\ • :� \ h J 11 \ \ 3 '1 4 sit dt fA 1 / wo vimo 01 IL s�04 • O r- 9 • i } r � � o 7 ti�:6.•...T•:2w�. - -- r :ll N 4 oao qfN • � J i I J r 1 � a f �. am i • - M n 0 • C A � - -- r :ll N 4 oao qfN • � J i I J r 1 � a f �. am i I 6 - -- r :ll N 4 oao qfN • � J i I J r 1 � a f �. am i l $ • i , M-mm, TOWN OF ITHACA MEMORANDUM TO: Planning Board Members FROM: Louise Raimondo, Planner I DATE: December 21, 1993 RE: Final GEIS - Cornell University District 7 The Planning Board has been designated as the Lead Agency for the Cornell University Generic Environmental Impact Statement (GEIS), prepared for possible future expansion southeast of Cornell University's main campus. Cornell had this document prepared in response to the positive declaration of environmental significance made by the Planning Board on May 21, 1991. Since that time, Cornell and their consultant have prepared a very detailed and voluminous document which has undergone extensive review and modification. On September 2, 1993, the Planning Board adopted a resolution finding the DGEIS complete for the purpose of public review. We have received substantial public comment on the DGEIS, comments which you received in your December 7 meeting packets. I have attempted to summarize these comments below for discussion purposes. Cornell Planning has drafted a preliminary response to the public comments, which you received in tonight's packet. We are now at the stage where the Planning Board, as lead agency, with the assistance of staff, must decide which comments are substantive and require a response. Please see the attached information from the NYS DEC's SEOR Handbook on contents of a final EIS. According to the SEQR regulations, a final GEIS should consist of: 1. Copies or a summary of substantive public comments received, 2. The lead agency's responses to the substantive comments, and 3. Any revisions necessary to the DGEIS. A FGEIS is usually due 45 days after the close of record for public comment (11/30/93), which would necessitate having a completed FGEIS by 1/14/94. Due to the extent of public comments received and the scope of the DGEIS, the 45 day requirement was extended by mutual consent of both parties at a meeting held on December 20, 1993 between 1 Exhibit #2 1/18/94 Minutes Town and Cornell participants in the FGEIS process. The attached timeline illustrates the FGEIS and Findings process, and specifies target dates for completion. i Findings must also be completed by the involved agencies between 10 and 30 days after the FGEIS is complete. A findings statement for an approved ,action must balance adverse environmental impacts against the needs and benefits of the action. Reasons must be given in the form of facts and conclusions that are derived from the final EIS. They represent the "blueprint" upon which future decisions regarding development of the Cornell Precinct 7 area will be made. See the attached information from the SEAR Handbook for more information on an agency's Findings. To place this all in context of what Cornell has actually requested of the Town, which began this environmental review process, the next step after the findings will be completion and approval of the SLUD for rezoning of the orchards area. A draft SLUD was included in the September 1993 version of the DGEIS as Appendix 2. During the FGEIS and Findings process, we all need to keep in mind how this relates to the SLUD, and what we would like to see specified in this new zoning legislation to insure that all that was set forth in the DGEIS, FGEIS, and Findings has been incorporated into our Town Zoning Ordinance. Planning and Engineering staff would like to propose that the Planning Board designate a committee of interested Planning Board members to meet on an as needed basis to give staff input on completion of the FGEIS and Findings. Subsequent drafts of an FGEIS would be brought before the Planning Board regularly for full Board review. A sample FGEIS and Findings (the Findings are attached) for the Rochester Science • Park are available to give everyone an example of how another municipality handled a similar project through the final stages. Please let me know if you would like a copy of this sample FGEIS. Cornell DGEIS Public Comment Summary: a. Tompkins County Planning 1. Reference GEIS recommendations in the SLUD 2. Improve general performance standards 3. Clarification on acceptable noise levels for existing land use 4. Redefining the FAR to include basement areas 5. Using an overall wetlands mitigation approach, rather than on a project - specific basis 60 A threshold at which a pedestrian connection to the central campus should be defined 2 Ekhibit #2 1/18%94 Minutes 0 is b. Tompkins County Environmental Management Council [Lynn Leopold], 1. A bird survey should be conducted in the breeding season (the DGEIS survey was conducted in February) 20 Natural areas setback of 30 feet is inadequate 3. The addition of paved surfaces and roof tops should have been taken into account in runoff predictions 4. How will overall potential impacts be addressed? 59 Consideration of requiring double -sided copies in the FGEIS and use of recycled paper c. NYS DOT 1. Correction of the DGEIS to include them as an involved agency 2. Staging of highway improvements to be consistent with development, rather than after problems arise 30 Five lanes on Route 366 instead of 4 is recommended 4, clarification on intersection improvements in this area 5. Figure 2A in the Executive Summary would be more informative if it contained trip generation data 6. DOT policy requires that developers pay for road improvements • 7. DOT would agree to a phased mitigation plan between Cornell, the Town, and DOT. d. Town of Ithaca Environmental Review Committee 10 The proposed 30 foot setback from natural areas is inappropriate; possible variable setback 26 Adequacy of traffic count information in DGEIS; possible need for additional traffic count data 3. Avoid negative wetland impacts e. Ellen Harrison - extensive comments, too numerous to summarize - refer to comments directly 0 3 Exhibit #2 1/19/94 Minutes L Barbara Peckarsky I 1. Cumulative impacts of development on Cascadilla Creek are not adequately • addressed; an ongoing monitoring program is needed (Sprang 1995 class assignment ?) 2. A retention /detention pond system should mimic natural runoff pattern 3. Use of wetlands in buffering stream should be looked at carefully 4. CU should consider all available date in future when planning development projects, not only DGEIS data g. Bruce and Doug Brittain - Traffic impacts are discussed in depth - too numerous to summarize - refer to comments directly cc: Shirley Raffensperger, Town Supervisor John Whitcomb, Town Supervisor Elect Dan Walker, Town Engineer George Frantz, Asst. Town Planner John Barney, Town Attorney Exhibit #2 1/18/94 Minutes 0 0 • • 0 • m 0 to w m H H r-1 b ri N � a) � O rn 1J �� H �'o >1 C � rn �-.: y 0 � 0 U CL QQom. U 'b ro N iJ1 • rl � O r-1 E� 0 M a) C En al 1J 0 H �'o � Cw 0 rn �-.: y 0 � 0 U CL QQom. U 'b ro o a (a �4 �w r-1 E� 0 �r 0 0 (13 C) CL U Q M a) W En al 1J CU H �'o � Cw 0 >t �-.: • r� 0 0 0 r-•1 CL QQom. U 'b ro o a (a �4 �w r-1 m 0 �r �n Q w M a) W N al 1J 0 'D �'o � U 0 l0 �-.: -r•i W rn 0 � �4 � U C: ro o - r-4 0 0 r1 r-1 Q) - ri \�4wE A 0 S4 r+ :1 0 U r� Qa U a M a) W al 1J 0 Cj1 �'o � U 0 l0 �-.: -r•i •r•1 rn 0 r-i �4 � U Z rn Q) � rn C) of Q) C; Exhibit #2 1/18/94 Minutes r-I � N A a b ,C O jj ro 0 C~ m N 4.)w X 0 W N C A N � C (13 0 U a) W 1J 0 C � 0 C rn (13 0 � � � N rn Q) � rn C) of Q) C; \�4wE o of CL b ��4EC �r (a 0�+ o E-+ U C� a) 1J C (a 0 rn � � � N r-4 Q) co r-i C) of H 04 \�4wE r1 (0 0 0 oE-444U ENVIRONMENTAL INWACT STATEMENTS agency, and outside consultants may be utiliz- ed both by the project sponsor and lead agen- cy, but this in no way reduces the responsibili- ty of the lead agency for the final product. The lead agency may revise any responses offered by the project sponsor. 10. Are there times when a draft EIS is produced but no FEIS is required? Yes, under two circumstances. First, if the lead agency determines, on the basis of the draft EIS and public comment period, that the proposed action will not have a significant effect on the environment, a negative declaration may be prepared and filed in lieu of a final EIS. However, in most cases it is better to proceed to a final EIS in order to preserve the integrity of the record. Second, if after preparing a draft EIS a project sponsor withdraws its application, no final EIS should be prepared. 11. How soon after acceptance of a draft EIS must a final EIS be accepted and filed? If a hearing has been held on the draft EIS, the lead agency has 45 calendar days from close of the hearing record to file its accepted final EIS. If no hearing is held, the lead agency must file the final EIS within 60 days of the filing of the draft EIS. The filing of a final EIS may be ex- tended, if more time is needed to adequately prepare it or if it is necessary to materially recon- sider or modify the impact statement because review of the draft has revealed additional pro- blems with the proposed action. Under certain circumstances, the issues raised may be of such significance that a supplemen- tal EIS is required. Since the final EIS must then address the questions and issues raised regar- ding both the original and supplemental draft EIS's, time frames for filing of a final EIS would not apply until the draft supplemental EIS was filed or a hearing, if any, was held on it (see also Section 5 -E, SEQR Hearings, page 72, Section 6-A, SEQR Time Frames, page 88 and Section 5 -G, Supplemental EIS's, page 75). 12. Is a SEQR hearing held on a final EIS? Exhibit #2 1/18/94 Minutes 75 No. The regulations do not provide for a hear- ing on final EIS's. 13. Is there a comment period for final EIS's? No. After filing of a final EIS, the lead and all other involved agencies must wait at least ten days before making their findings and a final decision on the action. This period is not a com- ment period, but allows time for the involved agencies to consider the final EIS. However, con- cerned parties may comment in writing to the lead agency on the final EIS. The lead agency has no obligation to respond to comments on a final EIS. 14. Why comment on a final EIS? It may be important for interested parties and agencies to clarify points made earlier that have not been satisfactorily responded to in the final EIS. This information may influence the lead agency (or in some cases other involved agen- cies) in making findings and taking final action. 15. Is a final EIS the last step in the SEQR EIS process? No. The preparation of findings by the lead agency and each involved agency at the time they make their decisions regarding the propos- ed action, is the final step in SEQR and occurs after the final EIS has been accepted (see also Section 5 -I, page 81). G. SUPPLEMENTAL EIS's 1. What is a supplemental EIS? A supplemental EIS provides an analysis of significant adverse environment effects not ad- dressed or inadequately addressed in draft or final EIS's. A supplemental EIS also may be re- quired to analyze the site - specific effects of an action previously discussed in a generic EIS. The scope of the supplemental EIS should be limited to an assessment of the significant adverse im- pacts of the changes or new information identified. • i A 1C ENVIRONMENTAL IMPACT STATEMENTS 81 As with all supplemental EIS's, comments made on supplements to generic EIS's should be restricted to the new issues discussed in the supplement. I. FINDINGS 1. What are SEQR findings? A findings statement is a written document which declares that all SEQR requirements for making decisions on an action have been met. A positive findings statement means that the project or action is approvable after considera- tion of the final EIS and demonstrates that the action chosen is the one that minimizes or avoids environmental impacts to the maximum extent practicable. A findings statement for an approvable action balances adverse en- vironmental impacts against the needs and benefits of the action (see Section 5-Co "Purpose, Public Needs and Benefits" on page 60). If the action is not approvable, a negative findings statement documenting the reasons for the denial must be prepared. SEQR findings are prepared by involved agen- cies following acceptance of a final EIS. Findings represent the teeth in the SEQR process because they contain the substantive aspects of deci- sions, including conditions imposed by the agency. In findings either supporting or denying an ac- tion, the reasons must be given in the form of facts and conclusions that are derived from the final EIS. The findings statement identifies the social and economic, as well as environmental considerations that have been weighed in mak- ing a decision to approve or disapprove an action. A model form for findings statements may be found in Appendix I of Section 617.21 of Part 617. 2. Are SEQR findings mandatory? Yes. The preparation of written SEQR findings is required by the SEQR regulations (see 617.9) for any action that has been the subject of a final EIS. Exhibit #2 1/18/94 Minutes 3. What are the benefits of findings? The findings document provides a rationale for agency decisions. It also provides a record if a decision is challenged. The findings procedure allows each agency to consider the relevant en- vironmental factors presented in the EIS process, and balance and weigh essential considerations, including the economic and social factors. 4. Are SEQR findings ever made before an EIS is completed, such as after review of an en- vironmental assessment form (EAF)? No. SEQR findings are only made after a final EIS. Decisions made as a result or EAF review are called determinations or significance. Some other review procedures, such as the granting of zoning variances, call for the making of fin- dings, but these are unique to those processes and should not be confused with SEQR findings. Lead ,agency and Involved ,agency Findings S. Who makes SEQR findings? All involved agencies must make findings. 6. May an involved agency rely on the lead agency to make its required findings? No. Each involved agency is responsible for preparing its own findings. If an involved agen- cy concurs with the completed findings of the lead agency and these respond fully to the en- vironmental concerns of the involved agency, it may adopt all or a portion of the lead agen- cy's findings in its findings. 7. Can findings and an agency's decision on an action be considered the same? No. The SEQR findings are the basis for deci- sions on an action. An agency may choose to include the findings statement as part of its deci- sion; however, a findings statement by itself does not constitute a decision. Also, a decision alone will not satisfy the SEQR requirement for findings. 8. Can findings differ among involved agencies? 74 CHAPTER 5 F. FINAL EIS'S Comments do not need to be responded to ile 1. What is a final E15 (FEIS)? dividually or in order of their receipt. A final EIS consists of: • the draft EIS; • copies or a summary of substantive com- ments received, indicating their source (correspondence, hearing, etc.); • the lead agency's responses to substan- tive comments; and • revisions to the draft EIS. 2. Must the final EIS restate the draft EIS? To simplify the final EIS, the lead agency may incorporate the draft EIS by reference. The final EIS should include any necessary changes or ad- ditions to the draft EIS, with the reasons for these changes, copies or a summary of the substantive comments received and their source, and all responses to the substantive comments. 3. Should the full hearing record on the draft EIS be included in the final EIS? No. The hearing record should be referenced in the final EIS and made available for public review along with any other reference material. 4. Who receives the final EIS? The final E IS should be sent to all involved agen- cies, and to everyone who received a copy of the draft EIS. If the final EIS is lengthy or the number of documents available is limited, the lead agency may provide notice to all non- involved agency recipients of the draft EIS to solicit their interest in receiving a copy of the final EIS and provide copies for review in the local library(ies). S. Must all comments raised in the review of the draft EIS, either in writing or at public hear- ings, be answered, and if so, in any particular manner? Only substantive comments need to be answered; general objections need no response. The comments can be grouped by topic so that responses in the final EIS are not repetitive. Exhibit #2 1/18/94 Minutes I 6. Who decides what comments are "substan- tive," requiring response in the final EIS? The lead agency decides which comments on a draft EIS must be responded to in the final EIS. 7. How does the lead agency decide which comments are substantive? whether comments are considered substantive will depend on the relevance of the comments to identified impacts, alternatives, mitigation or the importance of new environmental issues not previously addressed. Comments are not always "substantive" in the sense that they deal with significant impacts; often there is need to ex- plain why an impact is not significant or why a particular topic is not covered or, more specifically, how an alternative or special mitigation will work. Clarification of scientific terms, concepts or data interpretation may also be necessary in a final EIS. If a subject has be raised frequently, but is not an important e vironmental issue, it may be wise to address it at least briefly. Speculative comments and asser- tions that are not supported need no response. Minor discrepancies in wording and typographical errors should be corrected, but need not be responded to as substantive. 8. What if there are no substantive issues raised during the public review period? The lead agency should briefly acknowledge in the final EIS the comments that were received and account for any minor revisions made to the draft EIS, as it is incorporated into the final. The final EIS should then be ready for acceptance. 9. Who is responsible for the preparation of the final EIS? The lead agency is responsible for the adequacy and accuracy of the EIS. A project sponsor may be requested to respond to substantive com- ments to a draft EIS. However, final acceptabe ty is the responsibility of the lead agency. Oth involved agencies may be consulted by the lead! 11 • • $2 CHAPTER S Agencies involved in the same action may have entirely different findings. This reflects differ- ing agency perspectives toward balancing various factors. An involved agency is not obligated to make the same findings as the lead agency or any other involved agency. However, findings must be based on and related to infor- mation in the EIS record. If one agency prepares positive findings and another prepares negative findings the action cannot go forward unless the conflict is resolved. 9. What if findings to approve cannot be made? An agency must not undertake, approve or fund any part of an positive findings with social, econ siderations from natives, that the action, if it cannot support and demonstrate, consistent omic and other essential con - among the reasonable alter - action: • minimizes or avoids adverse environmen- tal effects to the maximum extent prac- ticable, and • incorporates into the decision those miti- gation measures identified in the SEQR process as practicable. An agency decision to disapprove an action on environmental grounds must be accompanied by negative findings. The model findings form at 617.21(1) contains findings certifications to either approve or deny an action. 10. Are there time frames for making findings? Yes. Each agency involved in an action (in- cluding the lead agency) must wait a minimum of 10 calendar days after the lead agency has filed the final EIS before it can make its findings. The purpose of the waiting period is to allow agencies and the public reasonable time to con- sider the final EIS. When an action involves an applicant, the lead agency must make its findings no more than 30 calendar days after the final EIS is filed. Other involved agencies may make their findings whenever they make their final decisions. 11. Are there filing requirements for SEQR findings? Exhibit #2 1/18/94 Minutes Yes. Section 617.10(i) requires that involved agencies file copies of their SEQR findings with the applicant and all other agencies involved in the action. Section 617.10(h) requires each in- volved agency to retain copies in their files available for public inspection. No findings statements are required to be filed with the Commissioner of DEC for inclusion in the statewide SEQR repository_ The sharing of findings among involved agen- cies allows agencies making subsequent deci- sions to benefit from the thinking process represented in the SEQR findings statements, as they proceed to make their discretionary deci- sions related to a common action. Where any involved agency imposes conditions or mitiga- tion measures on an action, it is important for other agencies to know what has been impos- ed. This will avoid conflicts and assist in SEQR compliance. Social and Economic Consideration in Findings 12. How do considerations of social and eco- nomic factors relate to SEQR findings? It is not the intention of SEQR that environmen- tal factors be the sole consideration in agency decision- making. The purpose of SEQR is to en- sure that the environmental impacts of an ac- tion are weighed and balanced with social, economic and other considerations so that a suitable balance of social, economic and en- vironmental factors may be incorporated in the planning and decision - making processes of state, regional and local agencies. 13. How should an agency balance environ- mental harm against social and economic benefits in order to approve an action? There is considerable discretion given to agen- cies to make decisions consistent with social, economic and other essential considerations. This would allow for decisions favoring resolu- tion of social or economic issues even if all en- vironmental matters cannot be totally resolved. However, most adverse environmental effects must still be avoided or minimized and mitiga- tion measures applied, as practicable. The more i i El ENVIRONMENTAL '...I.. i i -t i i.� i � i i.i -r �.ni � rrr,' r ,a irn .ir is �!i aii.. un : iicn, •r.. i.n i u i.. � a project benefits important public social and economic needs, the more it may balance adverse environmental impacts. Expanded authority through Findings 14. Can conditions and mitigation measures outside the scope of an agency's jurisdiction be incorporated into that agency's SEQR findings? Yes. Based on the draft and final EIS's and any related application material, an agency should incorporate all appropriate mitigation measures as conditions to its decision making, even if such conditions do not specifically fall within the agency's jurisdictional authority. It is clear that lead agencies have this expanded authority, but involved agencies are more restricted. However, conditions imposed by a lead or involved agency cannot infringe upon the jurisdiction of any other involved agency. In order for an agency to incorporate mitigation measures as condi- tions for its approval, the agency must identify the supporting reasons in its SEQR findings statement. 15. What is the basis for this expanded author- ity? All agencies have the authority, following the filing of a final EIS and written SEQR findings (or as part of a conditioned negative declara- tion), to require substantive conditions upon an action to ensure that the requirements of Part 617 are satisfied (Town of Henrietta v. DEC, 76 AD2d 21 S). This ensures that SEQR is not just a procedure but includes the "teeth" to utilize the information gathered by the environmental review process, even if such conditions are beyond the agency's jurisdiction (see also Sec- tion 4 -E, question 5, page 48 on expanded authority for CND's). 16. Must all mitigation be limited to the pro- ject site? No. Because of the substantive nature of the SEQR process, reasonable mitigation justified in the findinos ctatamant chniim ha innhoid even when such mitigation may be off the pro- Exhibit #2 1/18/94 Minutes ject site. The offsite mitigation must be reasonably related to the impacts from the action. 17. What are some examples of conditions which may be specified by an agency in its findings under this expanded authority? • A town board in granting a rezoning may require a developer of commercial pro- perty which will generate significant traffic to install traffic control devices at an intersection several blocks away, if no other agency h'as such authority. • An agency may require fencing or land- scaping as a visual or sound barrier be- tween commercial and residential pro- perty when granting a wetland or discharge permit if no other agency has authority to mitigate such impacts. Supplemental Findings 18. Is a supplemental findings statement ever appropriate? Yes. A supplemental findings statement may be appropriate in at least two circumstances. First, in the event a supplemental EIS is prepared after an agency has issued its SEQR findings and that agency has subsequent responsibility to issue a discretionary deci sioh, the agency may issue a supplemental findings statment taking into account the supplemental EIS. Second, a supplemental findings statement may be appropriate in the event changes are propos- ed by a project sponsor after issuance of the FEIS and the agency's SEQR findings, which will require the agency to issue an amended or modified approval. In the event the agency determines that no supplemental EIS need be prepared (see Section 5 -G, page 75) the agency may issue a supplemental findings statement to document its decision not to require a sup- plemental EIS. �7 • Tninokins County DEPARTMENT OF PLkNNLNG 121 East Cotwt Street Ithaca. Niw York 14850 James IV. Hanson, 7r. CommLuloner of Planninz Mr. Floyd rorrr.an Town Plana; r Ithaca Town Hall 126 East Senem Street Ithaca, NY 11850 Dear Nir, Forman: Telephone (6n 21a FAX (607) r.4 -5578 N4.)vembePr 172 199 1 Ti:nrk ycu for giving us the opportunity to review and comment on the prcposal to rezone approximatcly 271 acrCS of land owned by Cornell'Jnive amity. The Tornpkins County Planning Department staff has reviewed the proposal, and has prep-'Ixed several comments and rccornmcrdadom. • First of ail, we'd like to .ommend Comcll on the compilation of a very thorough and wall written document. The draft GEIS addresses, in detaii, the major impacts associatcd with the prupi.i!) rcxulling, a.rld uffers 1111ugati(m ineasures f(it arras that may lx siglmifie,.r:tly imFacted. Our primary concern is regarding the Iangt-iage contained in the "Draft -Pin, posal; Special Land Use Area (SLUR)" found in appendix 2: 1) What mechanism exists for makLlg sure that impacts idendfied in the dGEIS (c.g. Ro_rmwari r management and wetland mingeition) are included in Lie Plaiu;ing Board's review of each development proposal? The language proposers. in the SLUR is quite general; it does not even reference the GEIS. We are concerned that, while there are very thorough and well thought out recomma.mdations made in the GEIS, if it is not referenced in [lie S L'UD these recommendations will riot be implemented. The GEIS, its recornmendarons and its promises, should be referenced in the SLI;ll, 2) Some of the performance standards listed in the SLIM (f through m, in particular) are vcry general and vague. More detailed, objective standards do exist for items such as odor, dust, vibration, etc., and we reccrnmend that, where possible, more unite, objectiv: standards be used to determine confom,;:nce. While we recognize that such standards are technically eom lex to administer, that cost should be weighed against the enforceability of more general standards. 3) The performance standard for "noise" says acc.ptable sound levels depends on the Receiving Land Use Category. In the case of vacant ,and, the Receiving Land Use Category should be deflined as "the existing land use ", or "the most sensitive use permitted by zoning." Exhibit #3 1/18/94 Minutes 1 Rerycled paper c' Lmlvu 4) The Floor Area Ratio discusses only above ground floor area, but there seems to be the Potential, at least in the long -term, for under•gmund construction in Precinct 7. na. definition of the Floor Area Ratio ought to include all human occupied sFace, whether above or below round. Perhaps there could be an exempdon for some u•aditional "baser =ie' use`; like HVAC equipment. While we applaud the fact that unique natural areas and important wethmds are to be left undeveloped, we are concerned that the need for creation of wetland mitigation areas is to be determined "at the time an individual permit is applied fur" (page R-76). This L=i t- by- �r�jsect approach to wedands creation will be far less effective (both envirownenuXy and - conotrucally) than if a "high- side" estimate of wetland destruction was estimated, and one large wetland was created (or, even better, a pristine wetland was pl=hased) to offset the wetland losses. Finally, page I -52 of the dGELS states that, "A pedestrian connection to the central campus will be installed when the pop::lation in Precinct 7 supports such a facility :' Could pedestrian traffic be defined in terms of threshold, as automobile asaffic impacts have been defined? Once again, thank you for including the Tompkins County Planning Department in your review of this project. If you have any questions regarding our comments, please contact Katherine White at (607) 274 -5560. 2 Exhibit #3 1/18/94 Minutes .Si�gerely yours, W. Hanson, .Jr. ig Commissioner 0 0 Tompkins County ENVIRONMENTAL MANAGEMENT N r. Floyd Forman Town Planner Ithaca Town Hall 126 East Seneca Street Ithaca, NY 14850 Dear Mr. Forman: 121 East Court Street Ithaca, New York 14850 Telephone (607) 374 -5560 FALAX (607) V4=5578 FINAL. COUNCIL° -' NOV 3 0193 November 30, 1993 C(D-py "Thank you for the chance to review and comment on the Cornell University proposal to rezone a 271 acre parcel of land, known as Sector 7, southeast of the campus in the Town of Ithaca. Cornell Is proposal is well- thought out, well written and shoes sensitivity to a wide range of environmental and social issues. On behalf of the Land Use, Transportation and Energy committee of the Tompkins County Environmental Management Council, I would like to share some comments, questions and suggestions on the proposal. 1. In the Terrestrial and Aquatic Ecology section, the species inventories appear to be extensive and encyclopedic, but not for the avifauna. While vegetation was surveyed in all seasons of 1991 and 1992, the bird survey was not. As noted on p. 114 of this section, the survey for resident bird life was carried out on February 19 and 20, a time when only year round resident birds would be there. The fact that such a large number of chickadees was seen is not an unusual occurrence in winter, since thev commonly flock together when not in breeding season. The low diversity of species is directly attributable to the time of year, i.e., non - breeding. In order to provide a truer picture of the bird life of the proposal area, it would be wise to conduct a survey during breeding season. It would also be helpful to do surveys during migration in the spring, since many of the habitats described in the dGEIS may well provide resting and feeding sites, as well as breeding sites for neotropical migrants. By this same reasoning, a breeding season survey would provide more information on the amphibian and reptilian life. Since most of the terrestrial and aquatic plants were surveyed, it follows that the same effort be made to establish actual rather than theoretical animal populations. Further, in the Letters of Record in the appendices,1vir. Burrell Buffington of the DEC Significant Habitat Unit recommends that on —site surveys be conducted to determine the presence or absence of species, even though their office had no information attesting to the presence of endangered or threatened species. 2. We are pleased that the Cornell proposal acknowledges the two Unique Natural Areas located in the sectors under consideration: Cascadilla Creek and McCown Woods. Given that these areas provide the only relatively natural terrain between the existing, developed Cornell campus to the north and the development at East Hill Plaza, EMC Exhibit #4 1/18/94 Minutes E AM to r Recvcled paper November 30, 1993 it is important that these two natural areas be protected. Setbacks of 30 feet for planned buildings do not seem to provide much of a buffer between development and natural areas. Every precaution should be made to shield the creek and the woods from the impacts of construction, paving, run -off, pesticide use and other impacts associated with development. These natural corridors are important habitat for a wide variety of plant and animal species, as noted in the preliminary inventories. Further, they provide and should continue to provide esthetic value to residents who use the corridor for recreation. The danger with any development, is the continued fragmentation of habitats, such as wetlands, shrublands, woodlands and stream courses, which negatively impacts species diversity. 3. In the Storm water analysis, it is not clear whether the addition of paved surfaces and roof tops has been taken into account in predicting the amount and severity of runoff created by a storm event. Has this been done? If not, shouldn't it be, since development will substantially change the behavior of surface water during a storm? 4. To what extent will all potential impacts of all the proposed (not- yet - identified) developments be considered by the Town, should the rezoning to Special Land L, se District be granted? A project of such potential magnitude can have enormous cumulative impacts to land, to traffic volumes and patterns, to local economics, to plant and animal species and to water resources. It is our hope that the impacts be considered in their totality, rather than in a piece meal fashion, as would be the case when each proposed development comes up for review. 5. While the Town of Ithaca is not directly responsible for the preparation of the dGEIS (a monumental tome), it would serve environmental conservation if the Town required double -sided copies wherever possible for such documents. While the dGEIS text does use two -sided copies for the most part, the appendices do nol:; they could easily have -been half their present size and weight. Much could have been saved by requiring duplex copying. It is interesting to note that many state agencies, most notably the DEC and Department of Economic Development, require duplex copies when submitting grant proposals. In addition, they require the use of recycled paper. These are laudable policies that need to be replicated at all levels of government and private industry. Again, thank you for the opportunity to respond to the dGEIS. Very sincerely, i h./ '-'� -� l� 1wc�. L Leopold for the Land Use, Transportation & Energy committee, EPIC cc Herb Engman, Chair, EMC Exhibit #4 1/18/94 Minutes EMC 2 November 30,1993 U 0 ❑ E 0 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N.Y. 13202 HARRY CARLSON REGIONAL DIRECTOR November 22, 1993 Mr. Floyd Forman, Town Planner Town of Ithaca Planning Board 126 East Seneca Street Ithaca, New York 14850 Dear Mr. Forman. ' � j • its � .I r. 7 .. f Nov 23 1993 'r ! iA 11fJri. RE: DEVELOPMENT PROGRAM FOR POSSIBLE EXPANSION SOUTHEAST OF CORNELL UNIVERSITY'S MAIN CAMPUS TOWN OF ITHACA - TOMPKINS COUNTY Thank you for the Draft Generic Impact Statement dated September 1993 for the above cited project which we receive as an involved party. Kindly note this status in your future issuances. We have briefly reviewed the submitted document and have the following comments. Because of our Highway Permit authority, (a State Highway Work Permit will be required for any work in our right of way in this project) the Department of Transportation is an Involved Agency for State Environmental Quality Review (SEQR) purposes. In our Involved Agency status we anticipate receiving, from your agency, all the required environmental data pertaining to this SEQR action. Please correct your GEIS to include our Department as an Involved Agency. During our initial review of the DGEIS we noted the traffic information presented in Figure 2A of the Executive Summary indicated that the bulk of the traffic mitigation measures will be done at or near maximum development. From a capacity, operations and safety perspective it would be preferred that the planned highway improvements be staged consistent with the development rather than "kick in" all at once when a significant impact is created. For example, to accommodate capacity, safety and operation concerns, it would be beneficial to place left turns and perhaps right turn lanes at important intersections when vehicle delay (not necessarily LOS) changes and /or safety or operation problems can be foreseen. As development continues, mitigation measures can be added to the highway in incremental stages, thereby continually keeping pace with development demands. Exhibit #5 1/18/94 Minutes r1 Mr. Floyd Forman November 22, 1993 Page 2 From an operations and safety standpoint, 5 lanes on Route 366 instead of 4 lanes mentioned on Page II -119 would be more desirable even if capacity analysis showed 4 lanes are sufficient. Appendix 6, page 34, states 4 lanes on Route 366 plus intersection improvements, do these intersection improvements mean left turn lanes or signalization or both? A schematic drawing showing lanes would strengthen Table S1 in Appendix 6. Also Figure 2A in the Executive Summary would be more informative if anticipated trip generation data as well as GSF were shown. The Department has recently created an ALL WAY STOP at Route 366 and Judd Falls Rd. (South) and we are presently investigating signaling Rte. 366 at Tower Road and at Route 366 at Caldwell Road as part of the overall improvements to the corridor. Since a State Highway Work Permit will be required for any work in the State's right of way (ROW), it is important that there be an understanding of the Department's policy for this type of project when a Highway Work Permit is required. It is the Department's general policy that the developer pay for all highway work to maintain existing capacity, operational and safety characteristics of the highway. Basically, any adverse impact on the highway must be mitigated at the developer's expense. The policy also states that development impacts must be based on full build -out on opening day so that the existing capacity, operational and safety characteristics of the highway are maintained as the highway would have operated absent the new development. However, in this case, the Department would possibly be agreeable to a phased mitigation plan, mutually agreed upon by the Department, Cornell University and the Town of Ithaca. Said plan would be in a contractual format, would ne binding on all parties and would state the conditions and responsibilities required for issuance of the Highway Work Permit. We hope you will find our comments useful and we look forward to reviewing the Final Generic Impact Statement. As required by regulation, we will forward you a statement of our Findings based upon our final document review. Exhibit #5 1/18/94 Minutes 0 Mr. Floyd Forman November 22, 1993 Page 3 If you have any questions, please do not hesitate to contact L. Harford or W. Egloff, both of my staff, at 315 - 428 -4409. Very truly yours, HARRY CARLSON, P.E. Regional Director of Transportation • 9 �/ru0 • / " 000 nis M. Gross sociate Transportation Analyst Exhibit #5 1/18/94 Minutes FINAL COPY MEMORANDUM Date: November 30, 1993 To: Town of Ithaca, Lead Agency From: Candace E. Cornell and Phillip Za'iello, Environmental Review Committee, as amended. Re: Comments on Cornell University's DGEIS Project No. 910346 The ERC believes this long -term development plan has been undertaken with a sincere interest to develop a cooperative working relationship with the Town of Ithaca for the benefit of our residents as well as Cornell University. This extensive study has been a unique and highly educational experience for both Cornell University and our Town residents. The DGEIS is a very thorough and at times exhaustive study of the possible positive and negative impacts of rezoning and developing "Precinct 7." There are three areas of concern we feel have be inadequately addressed: Construction adjacent to Natural Areas, Transportation, and Wetlands. 1) We believe an established setback of 30 feet from the drip line of trees and gorge edges is not appropriate. This setback is more than adequate for some types of construction adjacent to ecologically less sensitive natural areas (example: a one story storage facility adjacent to a grove of white pines). However, it is insufficient for other types of construction adjacent to ecologically sensitive areas (example: an eight story building adjacent to a wetland). We believe the setback needs to be variable upon site - specific conditions. If a variable set -back is not acceptable, then the non - flexible setback should be established using the "worst case scenario" -- the most sensitive natural area in Precinct 7 0oupled with a construction project of the highest magnitude of impact. 2) The traffic counts presented in the DGEIS for currently congested areas (especially the Pine Tree Road and the Forest Home areas) in the Town may not accurately represent the current situation. Other traffic counts, based on growth projections from Albany, may not be applicable to the neighborhoods potentially impacted by development in "Precinct 7." We suggest several options: a. If the Town accepts the traffic counts as presented in the DGEIS, then a supplemental EIS traffic study should be performed for every project that would increase traffic as a result of development in the study area. This might be expensive on behalf of the University and partially defeat the purpose of having a GEIS. b. If the Town accepts the traffic counts as presented in the DGEIS, then a supplemental EIS traffic study should be performed for every project that would increase traffic above an amended threshold (lower than currently established in the DGEIS) as a result of development in the study area. This might also be an expensive option for the University. c. A third alternative would be for the University to accept the traffic figures with which the Town has the greatest confidence. If these figures do not exist, the Town should supplement the existing traffic counts with new figures that reflect our current traffic situation. This new traffic study would be performed by the Town or their agent and be paid for by the University. This alternative might instill more confidence, on the part of our residents, in Cornell University's good faith in considering potential impacts on neighborhoods. • Exhibit #6 1/18/94 Minutes 3) Lastly, we urge the University to wetlands of any size during the deg *eing performed behind the Library Cascadilla Creek Corridor. Projects areas, cc: Lewis Roscoe John Whitcomb Louise Raimondo 0 0 set a precedent in this region by avoiding all negative impacts to relopment of "Precinct 7." Presently, the drainage construction Annex requires the alteration of several small wetlands in the of this sort can be designed to avoid impacting these sensitive Exhibit #6 1/118/94 Minutes • 0 0 TO: FROM: DATE: RE: FINAL VML Town of Ithaca Planning Board Attn: Louise Romando: FAX 273 -1704 cc: Law Roscoe, Cornell Campus Planning Ellen Harrison November 28, 1993 Comments on. the DGEIS for Cornell Southeast Expansion It is really commendable on part of the Town and Cornell to take a comprehensive look -- really planning for the future. Such planning on the part of Cornell dovetails with and makes more meaningful the comprehensive planning program of the Town. It is especially valuable to attempt to assess and plan for the mitigation of the cumulative impacts of development activities rather than looking one by one at specific projects. The openess of Cornell and the Town Planning Board in seeking public input on this process is also much appreciated. It seems to me that it is quite a challenge to consider an EIS for a development program that might range from 296,000 GSF to 13.5 times that -4 Million GSF. It may seem obvious, but I believe that to be adequate, the impact assessment must assume full build - -the "worst case" from an environmental point of view. That means considering all the potential impacts of 4 M GSF of buildings plus the 4385 parking spaces (I believe this is the amount of building space and parking proposed for Precinct 7 but I found it hard to differentiate the Precinct 7 proposal from the larger study area so I may not have these numbers exactly correct) and the associated roads (I so not believe I saw an estimate of the amount of road surface in the DGEIS - but it might well be in there!) and the 7334 employees. I do not believe that the DGEIS has adequately assessed the differential impact of this widely divergent potential level of development. E. Harrison, DGEIS Comments Exhibit #7 1 11/28/93 1/18/94 Minutes Much of the DGEIS is really quite a general discussion and not specific enough to really consider the impacts. This is in part due to the fact that as a Generic EIS, the specific location of facilities cannot yet be ascertained and also due to the attempt to consider both Precinct 7 and adjacent precincts together. It is also due to the difficulty of simultaneously assessing such widely divergent potential amounts of development. While understandable, the idea that in the future a large conference center and associated parking or other major construction might take place with only the use of an environmental assessment form (EAF) and no EIS seems inappropriate. Such a "carte blanche" is not consistent with the level of detail in the DGEIS. Perhaps some threshold could be developed so that future development that was not "major" could proceed with the use of an EAF, but that "major" developments could trigger a separate EIS. As I mentioned at the October hearing, it is hard for laypersons to visualize what development of this scale would "look like" on the site. The statements comparing the proposed FAR to the Arts Quad is somewhat useful, but since there is very little parking or roadway included in the Arts Quad and since no lines are drawn on any map of the Arts Quad in the DGEIS to show the comparative area, I am still very unsure of how much space would be taken up by the maximum build scenario. It would be very helpful for those of us not familiar with interpreting GSF and FAR, to be ablle to see some graphic representation which show examples of what the maximum build might look like. I understand that development plans are still too unknown to expect the maps to show building locations, etc. and that maps might be misunderstood. However, I believe that a map or several alternatives which showed what 4 M GSF of buildings assumed to be 50 feet tall would look like evenly distributed on the site plus parking lots for 4385 cars, along with the associated islands and access ways is needed for the reader to make sense of the proposal. This much parking is about 5 times the size; of the A or B lots presently at Cornell. E. Harrison, DGEIS Comments Exhibit #7 2 11/28/93 1/18/94 Minutes • The consideration of Precinct 7 Precincts 8 and 9 is valuable, but it is the DGEIS that only minimal develops and 9. As submitted, however, there level of development and so we must the overall conclusions about impacts in conjunction with the adjacent also confusing; It seems from nent is proposed for Precincts 8 is no commitment to this low be sure that we are not basing on this premise. I apologize if I have missed things in the DGEIS, it is a large document and it is quite possible that there are some things which I have misconstrued or missed. RELATIONSHIP OF GEIS TO SLUD I do not understand how the acceptance of a final GEIS by the Town Planning Board relates to the adoption of a SLUD by the Town Board. A draft SLUD is proposed in an appendix to the DGEIS. Will a draft SLUD be included in the final LEIS? If so, what will that mean in regard to the future consideration of a SLUD by the Town Board, • Clearly the acceptance of the final GEIS which may include a draft SLUD cannot mean that that is the language of a final SLUD to be considered and accepted by the Town Board since that will require public review and since the Town Board is a different body. In reviewing the DGEIS I have not commented on the SLUD draft since I presume that there will be subsequent opportunities to review it, THE DEVELOPMENT PREMISE In the alternatives section the statement is made that the "maximum" build scenario is unlikely. The whole question of whether Cornell really needs to be planning for such a massive potential increase in campus space needs more consideration. In discussions with people in the Cornell campus planning office, it seems that there is really no consensus that such massive increased development is needed and that some of the development originally conceived several years ago for Precinct 7 might in fact be Exhibit #7 E. Harrison, DGEIS Comments 1/18/94 Mal nutes 11/28/93 3 accomodated on the existing campus. Since the level of site impact is very closely related to maximum development, it mECikes sense to question the need for 4 Million GSF and 4385 parking spaces. The GEIS needs to more fully consider the needs and ratiionale for the proposed maximum development. The DGEIS is predicated on the assumption that Cornell will continue to grow in GSF at the same rate as it has in the past century. The university has recently declared its intention not to increase enrollment, but the arguement is made that new facilities will necessitate continued expansion of physical plant. For certain items like the library that is clearly a need (although new electronic technology may have an impact which reduces the need for increased shelf space). However, as someone engaged in part of Comell's Strategic Planning Process, we may have to question the assumption of growth since we need to ask from where the dollars to support the construction, operation and maintenance of the space will come. Certainly a proposal which envisions a potential increase in the physical size of the campus built space by nearly one third (adding up to 4.4M GSF to the current 1.2 -13 M GSF) seems extreme. WATER QUALITY Analysis of Water Quality impacts are probably the most familiar to me given my 20 years of experience in water resources. I am distressed at what I believe to be grossly inadequate analysis of the water quality impacts in the DGEIS and I must confess that it gives me pause about the other sections of the DGEIS) which cover topics with which I am less familiar. If the one I ain knowledgeable about is this flawed, are the other sections which I cannot assess as critically equally flawed? The DGEIS says on p. II -33 that development can impact water quality in two ways. One is through increased sedinaent loads from construction- related erosion. The second is that "runoff from E. Harrison, DGEIS Comments Exhibit #7 4 11/28/93 1/18/94 MiLAnutes • E development can adversely affect water quality due to the presence of oil, grease, sediment, etc.". It goes, on to say that development also impacts stream flow quantity, with the potential to increase peak flows and storm runoff. With the exception of calculations of increased runoff rates and detention basins to try and reduce the increases in peak flows, there is no futher discussion of water quality issues and mitigation. The fact that development can be expected to cause a reduction in low flow due to reduced infiltration and the fact that temperatures can be expected to increase due to warming of runoff on pavement and in retention basins are simply not mentioned. These effects can have potentially severe impacts since temperature is directly related to dissolved oxygen content (a critical water quality parameter) and since low flow is the time when pollutants are least diluted and thus stream life is most likely to be stressed. It seems incredible that the DGEIS is satisfied to say "runoff from development can adversely affect water quality due to the presence of oil, grease, sediment, etc" and leave it at that. To be adequate I believe the GEIS must attempt to quantify the impacts which maximum site development would be predicted to have on reducing stream flow, increasing stream temperatures and on the quantities /concentrations of oil, gasoline, salt and other pollutants which can be expected from the roads, parking lots and paved areas. The impacts are likely to be directly correlated with the amount of development. This information then needs to be interpreted in terms of what the predicted impact on Cascadilla Creek will be. How seriously will it degrade water quality and reduce low flow? Will this impact aquatic life? Will it cause a violation of water quality standards? How much will flow be decreased under different hydrologic conditions? What impact will that have on stream water quality? on dissolved oxygen? and thence on stream fauna? What measures can mitigate those impacts? Would less intense levels of development be more acceptable? Are Exhibit #7 E. Harrison, DGEIS Comments 1/18/94 Minutes 11/28/93 5 there mitigation measures such as particular design of storm drains which might help to lessen these impacts? A 10 minute phone conversation with Cornell staff clarified an important point which reading of the entire DGEIS did not. The quality of water and richness of stream fauna in Cascadilla Creek is reported to be excellent along the length of the study area until the western end where drainage from Precinct 7 enters the stream. One goal should be to preseve this quality. Present conditions divert water flowing off of Precinct 7 from entering Cascadilla Creek directly due to the blockage of drainage caused by the railroad bed /recreation trail. The runoff ends up in the wet areas on the North side of the trail and does not enter Cascadilla until the vicinity of Judd Falls Road. This arrangement appears to be critical to maintaining water quality in the Creek. In examining the DGEIS I could not find this information, nor did I find as part of the mitigation measures ways to ensure that the runoff from Precinct 7 will continue to be diverted to the downstream end of the study area. 0 TRANSPORTATION and PARKING Others are more equipped than I to address problems with automobile transportation calculations and their interpretation. The DGEIS provides an indication in Figure 24 (II -101) of pedestrian/bicycle access to campus which is good. It does not however clearly pin down when this will be built. In fact it is shown in very light tones and noted as "conceptual bikeway /trail expansion ". This should not be viewed as an optional link. It is an essential element of the transportation plan and mitigation measures. Just as with the other traffic improvements which ai•e keyed to development triggers, this pedestrian link is critical and there needs to be a commitment to its construction as soon as development of Precinct 7 begins. In fact there is a need at the present time for such a link which would connect campus all the way to East Hill Plaza, E. Harrison, DGEIS Comments 6 11/28/93 Exhibit #7 1/18/94 Minutes a 0 There are other issues regarding bicycle and pedestrian transportation. The DGEIS asserts that the program of development will improve bicycle and pedestrian transit, but it totally fails to address the problems which bicyclists and pedestrians will face with the increased traffic on 366, Game Farm Road and other area roads. As it is now, there is no paved shoulder for most of the area where Precinct 7 abuts 366. This area is presently dangerous for bikes and walkers, but will be much worse once Precinct 7 is developed. The transportation mitigation measures almost exclusively address accomodating increased auto traffic. They need to equally agressively address pedestrians. The plan must also provide a way for pedestrians and bicycles to move from East Hill Plaza to campus. This is presently a very dangerous route, yet it is one which makes a lot of sense to encourage. There is an opportunity in this plan to improve that situation now. A path leading from Precinct 7 to the recreationway is indicated which is very desirable. The concept of a path which then crossed the creek and allowed access to East Hill Plaza without going immediately adjacent to Judd Fall Road would be terrific. Overall, then, there will be significant impacts on bicycle and pedestrian travel. How can these impacts be mitigated? The GEIS can do more to acknowledge and address these impacts. I am concerned that the new road running through Precinct 7 will become the main thoroughfare for cars leaving campus and travelling out Game Farm Road to Ellis Hollow. If the new road runs directly across from Caldwell and ends up directly across from Stevenson, it seems likely to become a through route. It would seem very desirable to prevent a lot of traffic from taking this route in order to maintain a "campus" feel. A few words in the DGEIS mention that measures would be taken to prevent this from becoming a through route. I would suggest that this needs to be better defined. It would probably be desirable to have the road terminate on Game Farm beyond Stevenson so that cars wishing to go Exhibit #7 E. Harrison, DGEIS Comments 1/18/94 Minutes 7 11/28/93 f out Stevenson would have to back track if they took the new road which would discourage this as a "short cut." Traffic through Forest Home is an increasing concern. If the distribution of traffic in Figure 25 (II410) is used to project the potential impact of 7334 new employees in Precinct 7 we can expect 1400 more trips through Forest Home each day. The neighborhood impacts will be very real and significant. The demand management traffic plans implemented by Cornell over the past several years are highly commendable. One problem noted by some travelers, however, is that the "free" lot assigned to some users is the "A" lot which requires many of these users to go through Forest Home. Why not provide for free parking for people :living in the south and east in the "B" lot to avoid this impact? VIEWS The impact of views as amenity should not be minimi views seen from cars are not seen by cars are accessible to daily life and are a significant makes people love Ithaca. a very important environmental zed. The report seems to imply that important. Quite the < ;ontrary, views many many people as part of their factor in the "quality of life" that The DGEIS discusses the views of Precinct 7, suggesting measures to keep the proposed development from destroying the rural feel which one gets from the recreation trail along Cascadilla Creek. That is important and it is appropriate for the DGEIS to address that. Precinct 7 itself, however, is important scenery not only as seen from the Creek, but in providing a rural edge to the university development. One of the particular and unique charms of Cornell and Ithaca is the fact that campus meets county in a sharp demarkation rather that through acres of sprawl. This is due in no small part to the agricultural lands which Cornell itself owns and operates. I believe that the portion of Precinct 7 along 366 east of the turn into the BTI research area and extending along Game Farm ;E. Harrison, DGEIS Comments Exhibit #7 8 11/28/93 1/18/94 Minutes • 0 Rd. to and including McGowan's Woods is an essential component in providing this rural "gateway" (See Figure) The agricultural use of this same corner of Precinct 7 also provides for fantastic views from 366 across to Mt. Pleasant. I believe that the GEIS should provide for mitigation of these potential view impacts by preserving this corner of Precinct 7 in agricultural /education use. Since as I read the DGEIS even a maximum build scenario would leave at least 136 acres of parcel C undisturbed (Table 6 p. I -48)7 it would seem to be possible to accomodate this reservation of this corner without requiring a reduction in the total amount of development. Preserving this corner would effectively not only preserve the rural /campus transition and the views from 366, it would also help to ensure that McGowan Woods does not suffer too great an impact. As proposed in the current DGEIS, intense development could occur within 30 feet (75 feet in the draft SLUD) of the edge of the woods. If that were to take place, it is impossible to imagine that the quiet woods and the habitat it provides would not be impacted. HABITAT and SETBACKS Habitat considerations should not only deal with threatened or endangered species. McGowan Woods is important as a habitat not for rare species, but simply for woodland birds, plants and animals. The plan for Precinct 7 can provide the opportunity to mitigate the potential impacts to this valuable resource - -but it does not. There is little in the DGEIS which helps to assess the adequacy of the proposed set back distances from the significant natural areas of McGowan's Woods and Cascadilla Creek. How was the distance arrived at? The DGEIS says "no area of high quality habitat (i.e. Cascadilla Creek Corridor or McGowan Woods) will be affected by development." (II -73) How can 30 feet be adequate to prevent any Exhibit #7 E. Harrison, DGEIS Comments 1/18/94 Minutes 11/28/93 E Y impact to habitat? Imagine a 1000 car parking lot 30 feet from McGowan's woods or the exhaust fans from a 5 storey building. The DGEIS states that noise levels in these natural development plans have not clearly true. The problem is environmental impact statem "the impact of fu areas cannot be been formulated" how can this be ent without such ture development on determined because (II -187) which is considered an adequate knowledge? In general the DGEIS seems to have little discussion of proposed mitigation of impacts to McGowan Woods. In chapter II for example, there is no discussion of mitigation while there is at least a cursory review of measures to protect Cascadilla Creek. This woods is a unique resource which deserve more than passing consideration. It would seem that the concept proposed above under the section on views which would preserve in agriculture /open space the land abuting McGowan's woods on the north would at least help to mitigate the impacts. There are inconsistencies in the set back distances mentioned in the DGEIS. The DGEIS says 30 feet while the draft SLUD says 75 feet. OTHER CONSIDERATIONS SlopejL The map figure 14 of slopes (p. II -8) is too difficult to read. Is there a larger scale version particularly of Precinct 7 which will be given to the Town for its use in reviewing site proposals? Development of slopes exceeding 15% is recognized in the DGEIS as having particular erosion concerns. The DGEIS states that "little or no construction is proposed for such (steep) slopes" (II -15, but nothing in the DGEIS or draft SLUD commits to removing such slopes from development or providing special protection as far as I can tell. Prime Farmland: Conversion of prime farmland soils to other uses will occur if Precinct 7 is developed. A summary of the number of Exhibit #7 E. Harrison, DGEIS Comments 1/18/94 Minutes 10 11/28/93 acres of prime farmland soils which Cornell presently owns in the • Town of Ithaca and an analysis of what proportion of these soils would be converted to irrevocably to other uses under the maximum development scenario would be important information in considering the overall impact of this proposal. Recreation: The DGEIS discusses the recreational facilities (II- 141 -2). In discussing available parks and recreational facilities, it does not mention the very important and valuable facilities which Cornell itself provides. This includes not only the Plantations, but also the golf course, equine research park and adjacent woods and access to Fall Creek in several locations. The contribution of Cornell to providing much used open space for hiking, walking, cross - county skiing, etc. deserves to be recognized. It is becoming increasingly important to recognize the value of these lands both as part of the discussions of "what does Cornell pay -back to the community" and as the overall development plans for the university proceed. We should work towards a commitment to retaining these open spaces and public access to them. Number of Employees: I am confused about the total number of potential employees. Table 20 (II -107) shows a total potential of 7334 employees while p. V -1 says it could create a miximum of 4079 new jobs. Is the difference of 3255 all employees currently on campus who might have their jobs relocated to precinct 7 without other new employees taking their place on campus? UNAVOIDABLE ADVERSE IMPACTS This section of the DGEIS fails to mention the unavoidable adverse impacts to water quality, noise and views across the land, from the land and of the land from Rt. 366. • CONSIDERATION OF ALTERNATIVES E. Harrison, DGEIS Comments Exhibit #7 11 11/28/93 1%18%94 Minutes I The two and one half page consideration of alternatives does not seem to seriously address the question of alternatives. The first paragraph states that the 11 maxiumum" level of development is unlikely. Then why propose it? The DGEIS needs to more fully address the lesser impacts of less intense development. It may well be that development of the full blown 4 Million GSF with 4385 parking spaces proposed is not acceptable in its impacts. The DGEIS as written seems to assert that the only differences between the low (296,000 GSF)and high(4,000,000 GSF) ends of the potential new development of Precinct 7 (a factor of >13.5!) have to do with infrastructure construction timing and sizing for water, sewer, traffic and retention basins - -all items that can be mitigated by infrastructure. That is clearly an inadequate assessment. Water quality ,impacts, noise, view impacts will increase along with the amount of development. 'The plan does not acknowledge this. In fact it seems to suggest that there will be no impacts that cannot be mitigated, which is absurd (I am not here suggesting whether or not the impacts are acceptable, 0 but clearly there will be more impact on say water quality with more development). The plan does not adequately address less intense development as a potential alternative. The alternative action section of the DGEIS also needs to consider what the impacts of different clustering of development on the site would be. As proposed with the exception of small setbacks from Cascadilla Creek and McGowan's Woods, all of :Precinct 7 is proposed to be treated alike. The potential level of development and uses are not differentiated within this 271 acres. I believe that there is a tremendous amount to be gained by restricting use on the northeast corner of the site (a triangle shown in the figure I. have enclosed) would substantially mitigate impacts to views and habitat in McGowan's Woods. There may be other impacts which could also be addressed through a consideration of location of development on the site. It is unlikely that all 271 acres (excluding Exhibit #7 E. Harrison, DGEIS Comments 1/18/94 Minutes 11/28/93 12 • 6 , the buffer setbacks) are identical in their suitablility for • development. • CONCLUSIONS The DGEIS as written fails to adequately consider a number of potential impacts and their mitigation. In particular, water quality issues require substantially more evaluation. Views, habitat and bicycle /pedestrian transportation also require more consideration. The consideration of alternatives needs to address the relationship between the intensity of the development of the site with the level of impacts. I understand from an answer to my question at the October public hearing that another public review and comment of the revised final GEIS is not planned. I wonder if the comments received on the DGEIS are substantial enough to warrant a reconsideration to ensure that the revised GEIS adequately addresses the issues raised in this public review. The final GEIS needs to be substantially revised so that the final document is one which the Planning Board is willing to accept as its own words. Exhibit #7 E. Harrison, DGEIS Comments 1/18/94 Minutes 11/28/93 13 �, SCHOOL C 40 ,0 r0 � �, ■ 1•APLEW000 0 � PARK. ® a 0 EAVIAWN y CEMETERY iL lor7lr 9e U'TCI+ELLSTREEr I fa.l *'EAST HILL F a w� ■ '1 D o LANE ■ °r� i_ a r ; PED rtiAltlMlw ^ TENNIS CO3 FACLm 0001 Q a ao°°O ■ �z --- C3 E CENTE ON ` V � T P I 1 Gi m + i I f� �• it — r�w0.0 cREEx f, - --___- G ' n 1 McGOWAN 1 WOODS W i b TRAIL ■ r i 0 ,r • t r Q(cs, ■ a m a R04 D o vETERn1ARr a CAMPUS • a o SNYDER I HILL S SNVOER HILL ♦ � Opp ♦ � ; o oop op s la o fl � nn a�soos ®ru rE"ov os�ISO®s■ ■ by 0 coon C3 ° O a o col O ° HONNESS LANE �oolaa °tutu ❑o,��a oil 00 mp 0 00 a ° d+ fl Oo 0 D O o Soo 1000 FI 1 tutu e PRECINCT T _ m a• G � a m_ Ib I* S B O O 00 0O O) o ■ - ■ a ■ ■ ■ B HUNGERFORO ■ HILL B • B ■ B ■ � o a � o♦ s c 0000 � •a p D .a 0 D • ° o 11 D o p a � 0aO O 0 00 p 0 00 e %1 the LA group DRAFT GENERIC ENVIRDNMI:NTAI. Landscape Architecture IMPACT STATEMENT and Engineering. EC. FOR 40 Long Alley CORNELL. UNIVERS'[TY Saratoga Springs SOUTHEAST New York 12866 Figure 518/587 -8100 Telelax 518/587 -0180 GEIS Study Area RCN 44,010, lV Exhibit #% 1/18/94 Minutes I. CORNELL U N I V E R S I T Y 0 College of Agriculture and Life Sciences • Town of Ithaca Planning Board 126 East Seneca Street Ithaca, NY 14850 Attn.: Floyd Forman November 28, 1993 Dear Planning Board: Department of Entomology Comstock Hall Ithaca, New York 14853 -0999 [in]P: Facsimile: 607 255 -0939 i� Ipp DEC - The following are my comments on the Draft Generic Environmental Impact Statement prepared for the development program for possible future expansion southeast of Cornell University's main campus. My primary interest lies in the preservation of Cascadilla Creek between Game Farm Road and Highway 366. This is a valuable stretch of stream often used for teaching Cornell University students in the Introductory Biology (Biol. Sci. 101 -104), Freshwater Invertebrate Biology ( Entom. 471) and Stream Ecology (Biol. Sci. and Entom. 456) courses. Given its close proximity to campus and relatively rich fish and invertebrate fauna (which are not well documented in the GEIS), it is well worth preserving in at least its present state if not improving its condition with better land use practices. I am also concerned about conserving the relatively pristine riparian zone south of this stretch of stream. Although this side of the creek is outside the area being considered for rezoning, it could be impacted by improper land use practices on the north side of the creek, which has been proposed for rezoning. I will structure my comments in two parts. First, I will suggest the optimal information that would be necessary to assess the impact of proposed development on the water quality of Cascadilla Creek. Second, I will discuss the importance of considering potential impacts on the water quantity or annual hydrograph of the creek. Often people overlook this second consideration; but stream ecologists are beginning to recognize that impacts of poor land use management practices on the daily and seasonal dynamics of stream flow may be irreversible and much more difficult to mitigate than impacts on stream water quality. In this particular case, like many others, mitigating impacts of riparian zone alterations on the quantity of stream flow may go a long way toward improving water quality as well. Thus, I will give this latter aspect primary focus. Water Quality The major potential impacts of urbanization (paving areas of riparian zone that would normally be vegetated) on stream water quality are increased inputs of inorganic sediments and organic or toxic materials associated with the specific riparian land use patterns. The GEIS does not provide enough evidence to state unequivocally (as on p. II -73) that Cascadilla Creek will not be adversely affected by development. Direct and indirect effects of urbanization on streams in the same watershed are complex and must be studied carefully for proper mitigation of potential impacts. Unmitigated replacement of vegetated areas with paved areas or buildings would exacerbate surface runoff, increasing bank erosion in the very steep north bank of the creek. Materials washing into Cascadilla Creek would primarily increase stream sedimentation and nutrient loading, with associated residues of pesticides and petroleum products, which would have negative effects on stream biota. Thus, the stream biota need to be monitored in order to Exhibit #8 1/18/94 Minutes • assess the effects of development and proposed mitigation efforts on the water quality of Cascadilla Creek. Stream organisms, especially invertebrates, have been increasingly shown to be excellent indicators of water quality. However, it is insufficient to obtain biotic indices at only one time of the year. A well- designed program of collections and calculations of associated indices of water quality should be initiated as soon as possible in the stretch of Cascadilla Creek that receives surface runoff and infiltration from precipitation falling on the area proposed for rezoning. I would advise especially watching the section of stream that is vulnerable to runoff from the Poultry Science waste water lagoon and the section vulnerable to runoff from the former dump site: Baseline data should be accumulated indicating the present biological and chemical conditions under baseflow, bankfull and floodwater situations, as well as during all seasons to obtain a record of the existing fauna under the present annual hydrologic regime and seasonal phenological cycles. This would make an excellent project for my Stream Ecology class, which will be offered next during the 1995 spring semester. We plan to conduct an entire inventory of the watershed including hydrologic parameters, streamwater chemistry, algae, invertebrates and fish from January through April. A continued program of baseline sampling before, during and after each new development would indicate the effectiveness of the proposed schemes for mitigating changes in land use practices. At the very least, I would hope that the University would incorporate what is learned from measured impacts of ongoing development into plans for future development. Water Quantity The flow regime of a stream is the single most important abiotic factor determining the nature of the constituent plant and animal populations. The instream flow conditions directly affect the flora and fauna; and flow regime determines the structure of the stream channel, nature and distribution of substrate particles and the amount of available habitat for the plants and animals. Most streams experience annual flow fluctuations that reflect annual cycles of precipitation and effects of the riparian vegetation on evapotranspiration. In this region, we have seasonal flow maxima just after spring snow melt, and summer minima during the height of forest canopy development, as well as less predictable fluctuations caused by storm runoff. Plants and animals that have life cycles adapted to these flow fluctuations will not persist if seasonal flow patterns are dramatically altered or if storm water runoff becomes too extreme. Streams cannot be viewed as conduits or channels independent of the watersheds or riparian zones through which they flow and with which they strongly interact. Alteration of the riparian vegetation irreversibly alters the natural patterns of stream flow fluctuations affecting the levels of groundwater saturation, which in turn govern the amount of water available for plant communities living in areas immediately and remotely adjacent to the stream channel (e.g. the undeveloped south side of Cascadilla Creek). While stream ecosystems may be resilient to some types of instream modifications (e.g. pulsed chemical perturbations), they are very slow to recover from habitat modifications of the channel structure and of the riparian zone (pressed disturbances). In fact, on an ecological time scale, streams may never recover from extreme structural changes, such as those caused by channelization and urbanization of the riparian zone. Due to the intimate connections between the stream channel and its surrounding watershed, management of stream ecosystems needs to be approached from a holistic viewpoint including the evaluation of land use practices in the riparian zone. Given the above discussion, I am most concerned that a retention/detention pond system be designed that mimics as closely as possible the natural (or at least present) pattern of runoff from the proposed area of development into Cascadilla Creek via the north bank. Sizing of overflow pipes and spillways is critical to effectively regulating the outflow that will reach the Exhibit #8 1/18/94 Minutes creek. Designers of these systems need to recognize that reducing natural flow fluctuations can be just as damaging as increasing them. I would recommend establishing flow gauging stations at locations along the creek to develop baseline data on the present annual hydrograph so that effects of runoff from future retention devices can be closely monitored. Other experts (e.g. Barbara Bedford) should be consulted concerning the potential for incorporating wetland systems into the design of the storm water retention ponds. Wetlands buffer streams not only from water quantity changes, but also water quality changes that could result from precipitation events. Where ever possible, areas disturbed by construction should be revegetated to maximize the buffering capacity of the riparian zone. Finally, storm water retention ponds should be designed such that water level fluctuations in the ponds themselves are minimized during and after storms. Unpredictable and repeated water level fluctuations reduce the opportunity for establishment and maintenance of a littoral rooted macrophyte community, which provides substrate, nutrients and oxygen for other organisms. I suspect the University would not be interested in dotting its development with aquatic eyesores. Thus, some consideration should be given to making these retention ponds healthy habitats for plants and animals, which could enhance their value not only aesthetically, but also for coursework instruction. I recognize that a considerable amount of work went into preparing the generic EIS, and that no document can be all things to all people. In addressing my concerns please note that it is most important that the EIS be handled as a "living document" flexible enough to incorporate new data that become available over the years of ongoing development of Cornell University. As each new building or project is proposed, the University should consider all available data at the time, not just those data submitted with the EIS, because we cannot expect a generic EIS to include all possible contingencies that may arise as expansion of the Cornell campus proceeds. As an institution of higher learning with access to extensive resources from ongoing basic and applied research, we must set an example for the rest of the community by incorporating our 16 academic resources into the planning process with the goal of preserving out natural resources and implementing environmentally responsible development. Thank you for this opportunity to participate in this important planning process. xcc Bob Bland Ellen Harrison Barbara Bedford • Barbara L. Peckarsky Professor of Stream Ecology and Aquatic Entomology Exhibit #8 1/18/94 Minutes 0 • • November 29, 1993 TO: Carolyn Grigorov FROM: Bruce Brittai Doug Brittain RE: GEIS for the Cornell Orchards Area We took a quick look at the latest version of Cornell University's GEIS for the Orchards Area (dated 9/7/93). Although there have been some definite improvements, many of the concerns which we expressed in our July 20, 1992 memo to Floyd Forman are still valid. Any document this size will inevitably contain many errors, and require a tremendous amount of time to examine. We have only been able to give it a summary review, and have chosen to restrict our comments to the larger issues which we noted. The GEIS should be modified so as to make it clear that Cornell's suggested traffic mitigation measures are just that: Cornell's suggestions, and while the Town of Ithaca may acknowledge these suggestions, it does not necessarily endorse or recommned them. Modifications to specific roads or intersections can be undertaken only after a thorough and accurate study and analysis, which is clearly beyond the scope of this GEIS. While the inaccuracies and shortcomings of the GEIS preclude it from serving as an interim Transportation Plan, it can nevertheless provide a useful look at the general level of impacts and the type of mitigation measures that might be necessary if Cornell and local traffic volumes grow at the rates assumed by the GEIS. It should also be made clear that these rates are likely to be far greater than indicated, with traffic - related impacts likely to occur much sooner than predicted. In addition, the proposed SLUR needs to be revised so as to incorporate off -site traffic impacts in its performance standards, and in order to more narrowly define the various land uses which it would allow. Finally, realistic alternatives to development of the Orchards area need to be considered. Each of these concepts is discussed in more detail below. The GEIS predicts the extent of traffic - related impacts which would be generated by successive stages of development in the Orchards area. Recommendations are then made for how and when to reconfigure various roads and intersections, based solely on the extent of development (GSF) which has occurred. Although this may provide a very general feel for what the future may bring, it is a rather roundabout and error prone means of determining which traffic mitigation measures should be insti- tuted when and where. Rather than having the implementation of the various mitigation measures be triggered by the extent of development in the Orchards area, they should instead be triggered directly by actual ongoing traffic counts, or by measured traffic impacts. In this manner, all of the inaccuracies inherent in the various projections, predictions, and estimations can be avoided, and traffic problems can be addressed and resolved on a case -by -case basis as they arise. Exhibit #9 1/18/94 Dii -nutes • ► • Carolyn Grigorov GE IS The procedure used in the GEIS for determining where traffic problems are likely to occur and what mitigation measures would resolve them is internally inconsistent and sometimes inappropriate. For example: o The GEIS recommends the immediate placement of a traffic light at the Caldwell Road /Route 366 intersection, even though this contradicts the stated criteria for when and where such traffic lights should be placed, o The current Level of Service (LOS) for various intersections was approximated from motorist delays, which in turn were estimated from a single set of traffic counts. Since actual intersection geometry plays such a large role in delay, it would have been much more accurate to have measured these delays directly. This may explain why the figures for current Level of Service included in the GEIS bear little resemblance to how well the various intersections actually function. o The GEIS states that the Level of Service (LOS) was kept high in Forest Home in order to limit the traffic impact on the community. However, LOS is a measure of the impact of the community on the flow of traffic, not a measure of the impact of traffic on the community. Maintaining a high LOS is likely to have a larger negative impact on Forest Home. o The GEIS does not recommend solutions for all predicted problems. For example, traffic noise levels are acknowledged to be currently unaccept- able and predicted to get worse, yet there are no concrete suggestions as to how to mitigate this impact. Traffic impacts, and the consequent need for some form of traffic mitigation measures, are likely to occur much sooner than predicted in the GEIS. This is due to a number of factors, including: o Some of the traffic count data included in the GEIS were too low. For example, the Judd Falls Road /Forest Home Drive intersection is listed as having approximately 300 Vehicles Per Hour (VPH) less traffic than it actually has. Correcting the count for this intersection would also make the traffic data consistent with that reported for the adjacent Pleasant Grove Road /Forest Home Drive intersection. o The GEIS has misinterpreted the effect that Cornell's Transportation Demand Management (TDM) program has had on the amount of traffic travelling to campus. While there has been a decrease in on- campus parking, there has been an associated increase in off - campus parking in surrounding residential neighborhoods, as well as an increase in pick -up and drop -off traffic coming to the university (see pp. II 22 -23 of the Town of Ithaca Comprehensive Plan). it Exhibit #9 1/18/94 Minutes • 0 Carolyn Grigorov GE IS o The GEIS projected a rate of background traffic volume growth of only 0.8% per year, while County figures indicate an increase of 5.20% to 18.45% for intersections near the Orchards area. There is no reason to believe that the single pair of counts taken at the single inter- section chosen in the GEIS is any more accurate or representative than the County's seven pairs of counts at seven area intersections. Since the projected rate is only approximately one -tenth of what may actually be expected, the anticipated problems are therefore likely to occur much sooner than predicted. o The GEIS which has has underestimated Cornell's historic annual growth rate, averaged 3% per year. If the university continues to grow at GSF the rate will it has be reached been, the maximum expected development of 4,368,000 in 10 or 11 years, not in the 20 or 30 years that the GEIS predicts. The proposed Institutional Zone or SLUR does not reflect the "Campus- type" zoning which many of us were expecting: three -story buildings situated on grassy quads with sidewalks and trees. Instead, it is more of a "Shopping Mall" zoning, which would allow for nearly half of the land to be paved over, and which could include everything from beauty parlors to convenience stores. There is no rational basis for this sort of "Anything Goes" zoning, and we fail to see how it fits into the.Town's newly adopted Comprehensive Plan. In addition, while the proposed SLUD has performance standards for off -site impacts such as noise, vibration, odor, glare, etc., there are none for traffic impacts on nearby residential areas. Since traffic problems are probably the single most important off -site impact, it is critical that they be included here. Development of the Orchards area should not be allowed to result in a net increase in off -site traffic impacts. The GEIS considers no real alternatives to the development of the Orchards area. Alternatives which were not explored include: o The GEIS neglected to consider retaining the area as a producing apple orchard. This would preserve the educational, research, environmental, and aesthetic attributes of the Orchards, while avoiding the undesirable impacts (traffic, etc.) of development of this site. o The GEIS did not explore the concept of relocating future development to Cornell -owned land near the Tompkins County Airport (within the Towns of Lansing and Dryden). Since the GEIS states that Orchards - area development would not be closely linked to central campus activity, there is little reason to locate this development adjacent to the campus on land that is valuable for other uses. The availability of essentially unused land which is served by NYS Route 13 and the Tompkins County Airport, and the proximity of the Cornell Research Park all make Cornell's Lansing and Dryden lands seem more appropriate for this development than the Orchards tract. Exhibit #9 1/18/94 Minutes Carolyn Grigorov 0 Page 4 o The GEIS failed to consider the possibility of no further growth of Cornell. If the University follows President Rhodes' advice to become "better, not bigger ", then there is no need to develop land in the Orchards or any where else. This scenario would preserve all of the current attributes, avoid all of the potential negative impacts, cost nothing, cause no disruption or hardship, and would require no mitigating measures. • Exhibit #9 1/18/94 Minutes • • t� _... :.._ Ithaca, New York 14853-3701 Facsimile: 607 255 -5329 14 December 1993 Ms. Louise Raimondo, Planner Ithaca Town Hall 126 East Seneca Street Ithaca, N.Y. 14850 Dear Louise: Here are our preliminary responses to the comments the Town has received in review of the DGEIS for Precinct 7. Rather than reply item by item, to points that are sometimes repeated or overlapping, we have made general responses to much of it, and replied specifically to some points in particular detail. GENERAL, • The amount of Cornell University growth is unpredictable. The University does not wish to become physically grander, nor sprawl over the land. But the need for unspecified increased building space is probable, and the University has undertaken much planning to see how to best utilize its space and land. To make the core campus efficient for walking, there should be some expansion to the perimeter of some less centrally necessary facilities and parking. The only logical place for most of this is to the southeast, to Precinct 7. The amount of increased space need is unknown and the DGEIS has identified a maximum level of development that seems reasonable for a variety of reasons - 4 million gross square feet (GSF) although the number could be much less. However, the physical planning limits and mitigations have to be based on some imagined maximum, and that is the 4 million GSF that is in the document. The floor area ratio (FAR) and open space proportions are based on those of an attractive place on the core campus (the Arts Quad) and are intended to assure the Town that this maximum level is a reasonable one. The amount of growth will be a product of administrative policy and the economy no matter what historic trends may suggest. The maximum levels of development are not necessarily desired or expected, but amount to a commitment to not exceed what, the University feels, is a realistic maximum density and use of this land. The University has grown at a rate between one and three per cent over its existence. But the rate of future development is not the basis of the GEIS and would not change its outcome. Land use and density there are not based on projections of University growth, but upon the quality and capacity of Precinct 7. There is a maximum for future development, with mitigations at thresholds of Exhibit #10 1/18/94 Minutes f development. While there is no realistic expectation the University could grow by 4 million GSF in ten years, perhaps it could in 30 to 50 years, with much of that in this Precinct. But whatever the rate or amount, that development is limited by the conditions and characteristics of the GEIS study area. Growth and location: Much University growth will require a relatively close connection to the main campus. To keep student walking time between classes down, the University has concluded that teaching facilities will be kept near central campus, but some faculty and some students and staff will need to move back and forth easily from one place to another. Precinct 7 is an extension of the campus, not a remote branch which would require extensive traffic. The University wants to provide an attractive and pleasing environment that people will enjoy using, but cannot commit to permanent land uses or space assignment by any department. The Orchard, pleasant as it is for the public, is a University teaching and research activity and subject to those needs and priorities, as determined by the University for its programs and mission. • Some information in this document, such as traffic data and water quality characteristics, has, necessarily, been measured at specific points in time. The data collected can not represent the full picture and may be out of date by the completion of the GEIS. In these cases it will be necessary to measure specific impacts of proposed projects against the base data, and to update the base data periodically. It will be in the interest of the Town and University to look at some of this data periodically to see how it is changing, and keep an up- to -date official record of that. • The DGEIS is not intended to foreclose future Town reviews or investigation of project impacts; rather, the DGEIS provides a baseline of data, which, if necessary, can be augmented for specific project proposals through the EAF and supplementary project reviews (see pg vii of DGEIS Vol I). Thus, such data as traffic and water quality may be subject to additional analysis at the time of specific project proposals. • The University has retained Stearns and Wheler to develop additional information to respond to the several comments received on water quality. This information should be available by mid - January. This additional information will include the following information and will also respond to more specific comments contained in several of the letters: (1) A narrative discussion of how the planned remedial measures are designed to retain the stream's natural hydrological characteristics. Runoff controls incorporate both retention and detention. Stormwater runoff of low to moderate volumes will be retained and infiltrated on site, so that the base flow of the stream can be maintained. Large volumes of flow will be detained to reduce the peaks. These points are made in the GEIS, but are not referenced to the objective of maintaining the habitat for the Exhibit #10 2 1/18/94 Minutes development. While there is no realistic expectation the University could grow by 4 million GSF in ten years, perhaps it could in 30 to 50 years, with much of that in this Precinct. But whatever the rate or amount, that development is limited by the conditions and characteristics of the GEIS study area. Growth and location: Much University growth will require a relatively close connection to the main campus. To keep student walking time between classes down, the University has concluded that teaching facilities will be kept near central campus, but some faculty and some students and staff will need to move back and forth easily from one place to another. Precinct 7 is an extension of the campus, not a remote branch which would require extensive traffic. The University wants to provide an attractive and pleasing environment that people will enjoy using, but cannot commit to permanent land uses or space assignment by any department. The Orchard, pleasant as it is for the public, is a University teaching and research activity and subject to those needs and priorities, as determined by the University for its programs and mission. • Some information in this document, such as traffic data and water quality characteristics, has, necessarily, been measured at specific points in time. The data collected can not represent the full picture and may be out of date by the completion of the GEIS. In these cases it will be necessary to measure specific impacts of proposed projects against the base data, and to update the base data periodically. It will be in the interest of the Town and University to look at some of this data periodically to see how it is changing, and keep an up- to -date official record of that. • The DGEIS is not intended to foreclose future Town reviews or investigation of project impacts; rather, the DGEIS provides a baseline of data, which, if necessary, can be augmented for specific project proposals through the EAF and supplementary project reviews (see pg vii of DGEIS Vol I). Thus, such data as traffic and water quality may be subject to additional analysis at the time of specific project proposals. • The University has retained Stearns and Wheler to develop additional information to respond to the several comments received on water quality. This information should be available by mid - January. This additional information will include the following information and will also respond to more specific comments contained in several of the letters: (1) A narrative discussion of how the planned remedial measures are designed to retain the stream's natural hydrological characteristics. Runoff controls incorporate both retention and detention. Stormwater runoff of low to moderate volumes will be retained and infiltrated on site, so that the base flow of the stream can be maintained. Large volumes of flow will be detained to reduce the peaks. These points are made in the GEIS, but are not referenced to the objective of maintaining the habitat for the Exhibit #10 2 1/18/94 Minutes stream biota. This section will be used to link the design concepts with their environmental impacts. (2) Discussion of the need for and appropriate parameters related to stream monitoring (baseline and as development proceeds). (3) A quantitative analysis of the potential for changes in water quality brought about by development, and the reduction in pollutant loading achieved by the proposed remedial measures. This analysis will couple the runoff volume calculations that are presented in the GEIS with simple assumptions of contaminant concentrations. Literature values will be used to define lower and upper bounds on the estimated concentrations. Flow volume and concentration will be used to calculate loads to the Creek under different remedial alternatives. Data will be presented as text, tables, and graphs. SPECIFIC REPLIES TO COMMENTS Tompkins County Department of Planning: We agree the proposed SLUR should reference the GEIS in a way that permits the GEIS to be modified and augmented over time. The 40 mechanism for incorporating suggested mitigations into a future project is the Town's site plan review. Standards should stay general, but if the Town wishes to adopt more detailed standards to be measured periodically, we will discuss this with the Town. Note however, that such standards are very difficult to measure and enforce. To date there hasn't been the need for such standards, nor is such need likely, given the University practices. We recommend no change on noise wording for "receiving land use category ". The point is really moot - should a noisy use be proposed next to a sensitive area, then a detailed review of that issue should be undertaken. FAR is not intended to describe or reference underground space. There DLay be underground space in addition to the FAR space levels. The FAR is intended to govern the proportion of building to open space. The maximum of 4 million GSF would include all space including underground. The assumption for Precinct 7 is that there would be no significant disruption of wetlands, thus there is no need for compensating purchase • of off -site wetlands. The only wetlands impact anticipated would be Exhibit #10 3 1/18/94 Minutes associated with road crossings. Such crossings are covered by nationwide permits and do not, generally, require mitigation. Total wetlands impacts are expected to fall below ni mimum standards requiring mitigation. The proposed pedestrian connection should be built when that area of the Precinct has been developed with a sufficient population that would use the connection. Rather than an abstract number of people, it is proposed that this become part of a site plan for the developed area when there is an obvious user group. It may be useful at present to have a connection to East Hill Plaza, with trails and bridge to the south, but that is not a consequence relative to existing minimal Precinct 7 development. New York State Department of Transportation (NYS DOT): Answers to many of the NYS DOT questions are explained in the text. It is proposed that the FGEIS be presented to the DOT as the completed plan of Town and University. The matter of timing for transportation related mitigations should be discussed with the NYS DOT at the time a particular project is first proposed. The mitigations could be done at the time or just before projects are initiated. The Town and University should meet with DOT to discuss the matter of findings preparation responsibilities. Town of Ithaca Environmental Review Committee: Variable setback from natural edges has merit. There has been much discussion of the methods to address this, including the 45° vertical angle setback, which was rejected by the Town's attorney as being too complicated. But the matter is complex and a variable response might make sense. The size and nature of projects adjacent to woodline would determine impact, and should be discussed with regional natural areas specialists. A 30' setback of a small one -story farm shed would have a very different impact from a 50' office building. Traffic issues are addressed elsewhere. Additional environmental assessment data may be provided if any new data indicates the need. Wetlands of any significance will not be disturbed. Minor adjustments to wetlands will normally be discussed with the Town during site plan rreview. Exhibit #10 4 1/18/94 Minutes • Tomlkins County Environmental Management Council: Having a comprehensive bird count is like the traffic count and water quality measure; the DGEIS does not pretend to be fully comprehensive. But Cornell's policy is that the natural areas will be protected. The GEIS is designed to describe thresholds of development and mitigations for overall impact rather than specific projects. The Town, through the EAF and site plan processes will have the opportunity to assess project- specific impacts. Bruce and Doug Brittain : We agree that traffic counts at any given time are needed to show total traffic impact as well as Cornell P7 impact. Caldwell Road/ Route 366 Intersection - The intersection evaluation criteria stated in the Traffic Impact Study includes warrants for traffic signal installation from the Manual On Uniform Traffic Control Devices (MUTCD). The intersection meets Warrant 10 - Peak Hour Delay and Warrant 11- Peak Hour Volume for signalization. Level of Service (LOS) - The intersections studied were evaluated using accepted methods of analysis. The conditions of the intersections do not warrant direct measurement of delay. Forest Home (LOS) - The Brittains appear to be is confused about a high versus low LOS. A high Level of Service (C versus E) minimizes impact because a high LOS means less traffic, less congestion, less noise and less impact. Noise - Mitigation has not been proposed because although existing levels are in some cases relatively high, the predicted increases are not considered significant and therefore do not require mitigation. Traffic Count Data in Forest Home - The intersection traffic counts for the AM and PM peak hours at the two intersections in question were examined for inconsistencies by comparing the counts conducted by Travers Associates in 1991 with counts taken by Bruce Brittain in 1988. The peak hour counts at the Pleasant Grove Road /Forest Home Drive intersection are consistent. The counts at the Judd Falls Road /Forest Home Drive intersection are consistent except for the PM count of the Exhibit #10 5 1/18/94 Minutes eastbound approach of Judd Falls Road which should be about 300 vehicles higher. Our analysis of the intersection with the addition of 300 vehicles indicates that the intersection would have a LOS of E under existing conditions. This LOS indicates that the intersection should be signalized as an existing condition improvement to attain a LOS of A. The signalization of this intersection as an existing condition rather than as a threshold condition due to development has no impact on the study findings because the intersection evaluation criteria requires that the LOS of the intersection never drop below LOS C. Our analysis indicates that the signalized intersection with maximum development with the 300 additional vehicles would have a LOS of C rather than B. Barbara L. Peckarsky: The measurements here were made at specific times and places and are not comprehensive. Some on -going measurement would be desirable; class projects conducted periodically (and dependably) could be very useful in providing updates of stream quality. We are pleased that the Stream Ecology Class will be available in the Spring semester of 1995 to provide a comprehensive study of the stream ecology. This will be an important and useful update to the GEIS section on water resources. See the general section of this letter for a discussion of plans to respond to other comments from Barbara Peckarsky, Ellen Harrison: Differential impact to primary environmental issues is generally addressed by thresholds, but there is no way to predict and measure impacts at many different possible levels. The effort would be very large and the speculation so great as to make the effort unrealistic. An EAF review of specific projects does require extensive examination, and the Town may seek supplementary data and analysis when necessary. The Cornell Planning Office does have FAR data for the central campus, with a map showing the measurement boundaries. This map could be referenced in the GEIS. It would provide tangible ways to judge what various FARs feel like. The purpose of the FAR is to allow variable height for visual attractiveness; there would be no general coverage of land by buildings all of one height. Exhibit #10 6 1/18/94 Minutes • For Precincts 8 and 9, the development amounts are only best guesses and not commitments. But since no SLUD or rezoning is requested for this area, any development by Cornell would go through all the same processes as it does at present. The GEIS concerns only development study and Town processes for Precinct 7, and only shows Precincts 8 and 9 as context as requested by the Town. The draft of the SLUD in the DGEIS needs to reference the DGEIS, but is not a commitment by the Town, once the FGEIS and Findings are completed. The proposed SLUD will have to be approved separately by the Town after public discussion of the Town zoning ordinance, as with any amendment. The University is very interested in improving and protecting the water quality of Cascadilla Creek. State of the art mitigating measures, including structural and non - structural best management plans for stormwater control, form the foundation for a proposal to protect water quality in the GEIS. In addition, much work has been accomplished recently to protect the water quality, including conversion from the use of on -site wastewater treatment systems to central sanitary sewer disposal, and development of best management plans for manure handling. See the proposed work in the general comments for how the specific concerns of impact analysis will be addressed. The GEIS shows Precinct 7 road traffic with a connection having two possible directions depending much on how the Town responds to a north -south route along Game Farm Road. Also, traffic flow could be made slow and less attractive to through traffic. Free parking in the B Lot is a complex policy issue. It could be considered but in terms of the whole campus system and a would require a separate analysis. There is a commitment by Cornell to develop in a way that preserves or enhances special views. To retain some flexibility for use of this land in the very long range, the University can not commit to having no development along the eastern end of Precinct 7, but would develop it in a sensitive way with input on views and general landscape and architectural quality by Town and University reviewers. The variable setback proposed by other commentors could be applied to McGowan Woods. Exhibit #10 7 1/18/94 Minutes C] It is University policy to avoid interference with natural areas and the GEIS identifies the Cascadilla corridor as a natural area. In Precinct 7, the Cascadilla corridor is the only place where there are slopes of 15% or more. Also, an EAF would identify the steep slopes and the Town would review and require adequate impact provision . There are some areas of very good soil in this Precinct. The available reference for this is the Tompkins County Soils book, showing types of soil and soil qualities throughout the County. The fact that Cornell does allow the public to use its lands for recreational purposes such as walking, jogging, hiking, biking, cross country skiing, birdwatching, etc. can be included in the DGEIS. Cornell has no way to accurately predict the number of employees it may have at a future time; the numbers in the GEIS are derived from extensions of density data. If one measures the present campus density and projects it to Precinct 7 at some future full development, one comes up with a population of approximately 7000. Of that, about 4000 are assumed to be new employees, and 3000 moved from the central campus. The Apace vacated by the 3000 is assumed to be for teaching purposes, not lacem S. Director Exhibit #10 1/18/94 Minutes 8