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HomeMy WebLinkAboutPB Minutes 1994-02-15TOWN OF ITHACA PLANNING BOARD FEBRUARY 15, 1994 FILED TOWN OF Date. The Town of Ithaca Planning Board met in regular session on Tuesday, February 15, 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: Jack & Amy Little, Randy Brown, Lewis Roscoe, Robert R. Bland, Ellen Harrison, Scott Whitham. Chairperson Kenerson declared the meeting duly opened at 7:31 p.m. Chairperson Kenerson read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Kenerson closed this segment of the meeting. SKETCH PLAN REVIEW: PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 45 -2 -14.2, 42 +/- ACRES IN SIZE, IN SIX PARCELS RANGING IN SIZE FROM 0.75 + /- ACRE TO 23.44 + /- ACRES, LOCATED BACKLOT OF RIDGECREST, EAST KING, AND TROY ROADS, RESIDENCE DISTRICT R -15 AND R -30. CITIZENS SAVING BANK, OWNER; JOHN E. AND AMY W. LITTLE, APPLICANTS. Chairperson Kenerson declared the Sketch Plan Review in the above -noted matter duly opened at 7:33 p.m. Jack Little addressed the Board and stated that he and his wife had an agreement with Citizen's Savings Bank to buy this property with intentions to subdivide the property into six lots. Mr. Little gave a brief description of his Sketch Plan Map provided to the Planning Board Members, and stated that Parcel A, which is the parcel that the Littles would build their own home on, is 23 1/2 acres with access in three places to Ridgecrest Road. Mr. Little stated that Lots B and C located off Troy Road and would be 2.28 acres each. Mr. Little stated that Parcel D would be 4 acres. Parcel E would be 9.2 acres and would have access off Ridgecrest Road, which would have municipal water and sewer to it. Mr. Little stated that the right of way for the overhead electrical transmission lines would be on Parcel E. Mr. Little stated that Parcel F would be 0.75 acres and would be conveyed to Mr. Buchanan, who lives on East King Road, and had expressed interest in that VA I Planning Board 2 February 15, 1994 parcel. Mr. Little stated that the sketch plan was designed to keep all of the wetlands on Parcel A. Mr. Little stated that there was municipal water and sewer available to Parcels A and E, and that Parcels B, C. and D, would require a well and septic systems. (Sketch Plan Map attached hereto as Exhibit #1) Town Engineer Daniel Walker stated that the Town Board had received a petition to consider extending the water and sewer to the Danby town line by some of the residents on Troy Road, Chairperson Kenerson asked Mr. Little if he intended to sell the lots. Mr. Little responded, yes. There was some discussion among the Board Members regarding availability of water and the water pressure in that area. The Board discussed be required in the conditions that were placed on the Jones Farm Subdivision at the January 5, 1993 Planning Board Meeting. The Board discussed Little stated that he understood that the Town of Ithaca waiving the open space requirement. Board Member Candace Cornell stated that she did not feel comfortable waiving the Town park requirement. Ms. Cornell stated that the Board could request an open space acquisition account for those occasions when the Board wishes to waive the park requirement. Chairperson Kenerson stated that the Town does not have a policy set up for cash in lieu of. Board Member Candace Cornell stated the she wanted reserve the option for set aside or money to be required in the future. The Board discussed receiving money in lieu of park and open space set aside requirements, the undesirability of the land on the Sketch Plan for a park for the Town, and setting up an acquisition fund. the property in easement on the consider that. perpetuity. wetlands would Mr. Little asked if satisfy the Board, Mr. Little stated that he understood that the Town of Ithaca did not have a plan established for cash in lieu of set aside space. Board Member Stephen Smith asked if there were any plans for future subdivision on Parcel A. Mr. Little responded, no. Mr. Smith stated that the Board should place a restriction to prevent any future subdivision on Parcel A. Mr. Little stated that his intentions were to live on the property, financial build a home, and decision to accept he did not a restriction feel it would be for no subdivision a wise of the property in easement on the consider that. perpetuity. wetlands would Mr. Little asked if satisfy the Board, a conservation that he would Planning Board 3 February 15, 1994 Amy Little addressed the Board and stated that there is very little access to Parcel A, that there are wetlands, and that they had no intentions of subdividing the property. Mr. Little stated that they were considering a Christmas tree farm on that parcel in order to insure the protection of the wetlands. Town Attorney John Barney stated that if it is determined that nothing is suitable for a park, the Planning Board could require, as a condition of approval, that a payment be made to the Town (a sum to be determined by the Town Board) which shall constitute a trust fund to be used by the Town exclusively for a neighborhood park. Assistant Town Planner George Frantz stated that as a Planner, he is very uncomfortable with the Town of Ithaca trying to impose any fee in lieu of land on a property owner at this time, when the Town does not have an updated park and open space plan in place and the Town does not have any mechanism set up to collect funds. There being Chairperson Kenerson stated that the Board had three choices, 1) waive the set aside requirement, 2) insist on the six acres, or to 31 require money in lieu of the set aside toward parkland elsewhere. The Littles have requested that the Planning Board consider a waiver of the 10 percent parkland set aside for this The Planning Board decided that the park land set aside not be waived, but that they would agree to cash in lieu of that set aside. possible wetland areas, and 3. There being John and Amy Little no further discussion, the Chair asked if anyone were prepared to offer Board on February 15, 1994, and a motion. MOTION by Stephen Smith, seconded by Candace Cornell: WHEREAS. 1. John and Amy Little have proposed a six lot Subdivision of Town of Ithaca Tax Parcel 45 -2 -14.2, and presented a sketch plan to the Planning Board on February 15, 1994, and 2. The Littles have requested that the Planning Board consider a waiver of the 10 percent parkland set aside for this subdivision because of the large amount of open space resulting from the large lot size, and the avoidance of the possible wetland areas, and 3. The Town Park and Recreation Plan has no proposed park facilities shown in this area, and 4. The Planning Board has considered the argument that a neighborhood park on this parcel may not be practical, and % t Planning Board E February 15, 1994 5. Article 16, Section 277 of Town Law allows the Planning Board to require as a condition of approval a payment to the Town of a sum to be determined by the Town Board, which sum shall constitute a trust fund for a neighborhood park, and 69 The Planning Board has indicated that when a preliminary plat application is submitted without a Town park site, that a payment in lieu of the parkland set aside will be required as a condition of the preliminary approval, and it has been suggested that such payment be calculated on a per acre basis tied to the purchase price, and using the 66 acre size of the original parcel known as "Jones Farm" as a basis to set the required set aside as 6.6 acres; NOW, THEREFORE, BE IT RESOLVED: That the Planning Board requests that Town Board consider what amount such payment in Lieu of Parkland would be appropriate for this subdivision, and that the Town Board advise the Planning Board on the amount of this sum. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Hoffmann, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of Subdivision Approval for the proposed Little's Farm duly closed at 8 :40 p.m. AGENDA ITEM: CONTINUE DISCUSSION OF CORNELL UNIVERSITY DGEIS COMMENTS. REVIEW OF DRAFT RESPONSES TO COMMENTS RECEIVED FROM THE PUBLIC, NYS DEPARTMENT OF TRANSPORTATION, AND OTHER INTERESTED PARTIES. Chairperson Kenerson declared the above -noted duly opened at 8:42 p.m. Planner I Louise Raimondo addressed the Board and stated that a letter dated February 14, 1994, addressed to Lewis Roscoe of Campus Planning, written by Peter Marks, Chair of the Natural Areas Committee for Cornell University, was received in support of the 75 -foot setback requirement and given to each of the Planning Board Members for their information (Attached hereto as Exhibit #2). Ms. Raimondo stated that Town Attorney John Barney had made some changes to the language of the Special Land Use District (SLUD) to show the Planning Board's comments regarding the SLUD at the previous Planning Board Meeting. (Attached hereto as Exhibit #3) Ms. Raimondo stated that Planning Board Members that were able to t Planning Board 5 February 15, 1994 meet and Town staff met and had drafted additional responses to public comments regarding the GEIS, made some alterations to the comments drafted previously as per the Board's request, with changes shown in italics. (Attached hereto as Exhibit #4) Ellen Harrison addressed the Board and stated that she and Bobbi Pekarsky had some continued concerns about water quality issues. Ms. Harrison stated that the Stearns and Wheler Report and the draft comments implied that because this property is only 3.2% of the whole watershed of Cascadilla Creek that the water quality changes and runoff changes that will occur because of development on this site are not significant. Ms. Harrison stated that it was not really fair to imagine that Cornell University could use up the pollution capacity of the stream. Ms. Harrison stated that the report uses the whole watershed rather than what the changes in water quality from this parcel will be. Ms. Harrison stated that there was an obvious desire on the part of Cornell University to really do some progressive and creative stormwater management. Ms. Harrison stated that one of the concerns was temperature, and they could alleviate the problem of water warming somewhat by using wetland type retentions instead of ponds. Ms. Harrison stated that one of her other concerns was that in the northeast the flow of streams and water courses is supported almost entirely by infiltrating ground water. Ms. Harrison stated that the low flow in the summer time is the most critical time for the animals living in the stream that depend on the water supply. Ms. Harrison felt that she did not feel that infiltration recognized as a purpose of the stormwater management system in the GEIS. Mr. Harrison stated that she wanted infiltration to be specifically mentioned in the stormwater management plans. Ms. Harrison stated that any hydrologist is aware of low flow as an issue which is why she was distressed that the original DGEIS did not even mention it. Ms. Harrison stated that in the Stearns and Wheler report there is a recognition that low flow is often disrupted by impervious surfaces, etc., but there was no attempt to look at that and quantify it. Planner I Louise Raimondo stated that the area had been chiefly used for agriculture for a long time, that there are a lot of tile underground drains. Ms. Raimondo stated that infiltration in this area, as it exists now, is not great. Ms. Raimondo stated that, in general, the soils of the area are very slow permeability. Town Engineer Daniel Walker stated that the infiltration factor in this particular site was probably considered briefly as not being a factor, just from the physical characteristics. Mr. Walker stated that looking at this site as a hydrologist and considering the topography of the area, the nature of the railroad track, and the ditch that follows along the northeast side of this site, which diverts almost all surface flows and most of the subsurface flows, he felt that Cornell University did an adequate . Planning Board job in identifying here. Mr. Walker localized on -site 0 February 15, 1994 that there is not a major groundwater recharge stated that Cornell University was looking at detention instead of centralized detention. Planner I Louise Raimondo asked Robert Bland if the wet retention structures that Cornell University intends to construct in Precinct 7, would have any kind of groundwater recharge element to them, and are they intended to serve an infiltration purpose as well as a detention purpose. Robert Bland responded that Cornell University is looking at a combination of a pond and an inundated wetland -type area. Mr. Bland stated that he felt that the idea was to build a structure that was an analog or approximates the way the watershed looked pre - development. Mr. Bland stated that the intent of ponds and stormwater control is to get back to natural ground cover. Mr. Bland stated that when the Town of Ithaca reviews the designs for the retention areas, they should review recharge as one of the objectives of the design. Planner I Louise Raimondo stated that the Board could incorporate a statement such as, the design of these retention /detention systems shall approximate natural conditions or shall be designed to minimize impact on the Creek including low flow, into the Findings for the GEIS. Board Member Candace Cornell asked Mr. Bland if there would be a class monitoring the stream, as offered by Bobbi Pekarksy. Robert Bland responded yes, and that there was a firm commitment from Ms. Pekarsky, who is a professor, for the Spring of 1995. Lewis Roscoe, representative for Cornell University, addressed the Board and stated that any plans regarding stormwater management were based on conceptual intent to try to take care of runoff. Board Member Stephen Smith stated that he thought that the Board should address the issues of gross square footage and set backs. The Board discussed the method of gross square footage in regard to traffic control in the study area. The Board also discussed how to set the thresholds for mitigation measures. MOTION by Stephen Smith, seconded by Candace Cornell: RESOLVED, that the Planning Board accept in substance the modifications to the draft comments in response to the Public Comment with regard to the Cornell University Generic Environmental Impact Statement. (Attached hereto) Planning Board vote. 7 February 15, 1994 There being no further discussion, the Chair called for a Aye - Kenerson, Langhans, Ainslie, Hoffmann, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the discussion of the Cornell University Generic Environmental Impact Statement duly closed at 10:10 p.m. OTHER BUSINESS Chairperson Kenerson stated that there was no other business to come before the Board. ADJOURNMENT Upon Motion, Chairperson Kenerson declared the February 15, 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 10:15 p.m. Drafted 4/8/94. Respectfully submitted, StarrRae ays, Recording Secretary Town of Ithaca Planning Board _2v=, µNY;244T1 o,If [c.o.) T 0 IV w O F •Isr.j, —o, • N Boll, yy I 1 G ( lii�t °'•v�'.. bj w y,' _ . yol•T r°rAL 4LON c � Y t: 21.0 0 _ reNO� e y TOwu d — o� w � 0 tTtlgCq � ef it 0 W eeea e.p� N Ci �. F.,. L m En t �feilt[ D� lee f 1 � . ' m lee 0' o 0 o • • 't b�'r 1 7b Ila 0 I : /3 to 13 So �A O� /too er•_7 > ti It aH o. N N�• P 1 12110 1 ` bb \ P 79 1 a , be \ a Totem �.- i 1 ` J Or �\ �,.f1 ►. \ t u o ci' VC r•' 2 ` \ 0 127o a /zyO N A q \\\\\ w 0 a M CAS M"8 a i`. 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It f, b �ppn NG ROAD �o 0 .w \ u` ;3It 0 L\ L m n 0 0 2 I :14: Cornell University Division of Biological Sciences u� Section of Ecology and Systematics N Corson Hall Ithaca, New York 14853 -2701 February 14, 1994 Lewis Roscoe Campus Planning 102 Humphreys Service Bldg. CAMPUS Dear Lew, The Town of Ithaca Planning Board DGEIS Committee has asked the Natural Areas Committee for its advice regarding the width of the buffer zone for natural areas within Precinct 7. The language given to us for comment is as follows: "A buffer of 75' from the established line demarcating the boundary of the natural areas shall be established to protect the natural area from the effects of urbanization and to provide sufficient groundwater infiltration for the vegetation in the natural areas. Disturbance or construction within this buffer zone is limited to compatible facilities for passive recreation and enjoyment of the natural areas such as paths or walkways (no greater than 6 in width), observation areas, interpretive signage, gazebos, and landscaping. Existing uses within this 75' buffer zone will be grandfathered." A buffer between the natural area and the built area is important to protect the • Cascadilla natural area. In the case of Precinct 7, when the detailed preliminary planning provided by the GEIS process permits the opportunity, we feel Cornell should apply a different standard from that used on the central campus. For the crowded main campus, the Natural Areas Committee has supported a natural area buffer of at least 30 feet from the dripline of the vegetation. Such a buffer is designed to permit survival of the vegetation on the edge of natural areas adjacent to the densely built campus. A different standard makes sense in the undeveloped Precinct 7, and we think the Town's proposal of 75' is reasonable. We believe good landscape planning for the orchard precinct should provide significant open space. Although the primary purpose of the buffer space is to protect the natural area from incompatible adjacent uses, we envision many functions that could occur in the buffer, including landscaping, pedestrian trails, physical and visual access to the natural area, and possibly picnic tables where people could enjoy work or study breaks. Other compatible activities could be imagined. The 75' setback for construction proposed in the language above seems a minimum distance to provide a buffer for the natural area and to create a pleasant open space. Therefore, at its February 10, 1994 meeting, the Cornell Plantations' Natural Areas Committee endorsed the concept of a 75' buffer adjacent to the natural areas in Precinct 7. Sincerely, Peter Marks Chair, Natural Areas Committee PLM/sa cc: Louise Raimondo, Planner, Town of Ithaca Planning Department a) \sly+ vy.� N--�q r JOHN C. BARNEY PETER G. GROSSMAN NELSON E. ROTH DAVID A. Dueow RANDALL B. MARCUS HUGH C. KENT MARY K. FLECK FINAL Dr��on� BARNEY, GROSSMAN, ROTH & DUBOW FEB 8 W4 ATTORNEYS AT LAW 315 NORTH TIOGA STREET iG'NN of P.O. BOX 6556 PLANwtlG, ZONiK EWSZE ITHACA, NEW YORK t4851-6S56 Ms. Louise Raimondo Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 Dear Louise: (607) 273 -6841 February 4, 1994 FACSIMILE (607) 272-8806 (NOT FOR SERVICE OF PAPERS) Following up on the Planning Board's discussion of the Cornell SLUD at the last Planning Board meeting I have attempted to draft some language which will hopefully accomplish what the intent of the Board might be. Enclosed, accordingly, is a revised proposed Special Land Use District. The only change between this and the August 11, 1993 version is in paragraph (m) of Section 6, starting on page 6. We have added to that area relating to Natural Area protection special findings that would be required of the Board before a Special Approval could be granted. In essence building within the Natural Areas would be limited to two circumstances: 1. Where a structure is intended to be an integral part of the Natural Area such as a trail, observation deck, bench, or similar item or 2. Is a necessary addition to a building that already exists within the area. As you know if we use a 75 foot buffer there are buildings near McGowan Woods that would fall within the buffer area. While this was not fully discussed at the Planning Board meeting it was not clear to me that the Planning Board wished to prevent Cornell from ever adding on to those buildings (e.g., putting a loading dock on the rear of the building) or something of that nature that was necessary to the optimum use of the building. Obviously if the Board does not want this language it can be stricken. I have also provided that in any event the proposed structure would be limited to a structure that is the least intrusive to the environment of the Natural Area. Perhaps with the next Board packet the revised SLUD can be submitted to the Board or at least the revised pages. Obviously I would be happy to hear your comments. Exhibit #3 2/15/94 Minutes February 4, 1994 Page 2 With best regards. JCB:bc Enc. cc: Honorable John Whitcomb Supervisor, Town of Ithaca Mr. Robert Kenerson Town Planning Board Chair Mr. Dan Walker Town Engineer Mrs. Shirley Egan Exhibit #3 2/15/94 Minutes Very truly yours, • 0 • . g Z� o specland.11, wpSh Allacallaw February 4, 1994 4:S2pm All Other 7 a.m. - 7 p.m. 68 dBa 7 p.m. - 7 a.m. 58 dBa For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by 5 dBa. (f) Vibration: No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the site. (g) Atmospheric Emissions: There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases which could cause damage to the health of persons, animals, or plant life. (h) Odor: There shall be no emission of any offensive odor discernible at the boundary of the site. This standard is not intended to restrict customary agricultural practices. (i) Glare and Heat: No glare or heat shall be produced that is perceptible beyond the boundaries of the site. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. (j) Radioactivity and Electromagnetic Interference: No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted which produce any electromagnetic disturbance adversely affecting the operation of any equipment outside the boundary of the site. (k) Fire and Explosion Hazards: All activities involving, and all storage of inflammable and explosive materials, shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire- fighting and fire suppression equipment and devices standard in the industry and as may be required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. (1) Vermin: There shall be no storage of material, either indoors or out, in such a manner that it facilitates the breeding of vermin or endangers public health or the environment in any way. (m) Natural Areas Protection: No structure shall be built within a Natural Area (as ho n on the attached map [Cascadilla Stream Corridor, McGowan Woods]), or within 75 feet of a Natural Area without first obtaining the Special Approval of the Planning Board. In addition to the other criteria governing granting of Special Approvals, the Planning Board shall not grant Special Approval for such a structure unless the Board Inds t e propose s ivcture and its proposed to ation 6 Exhibit #3 2/15/94 Minutes specland.11, wp5lithllocallaw February 4, 1994 4:52pm i (i) is related to, can be made an integral part of, and enhances the use and enjoyment of, the Natural Area (such as a trail, bench, or ob.5ervation platform), or (ii) is a necessary addition to a structure that had already been constructed within the Natural Area or the 75 foot buffer at the effective date of the creation of this Special Land Use District; and in either event (iii) accomplishes its purpose in the least intrusive manner to the environment of the Natural Area. 60 Site Plan Approval: A site plan for a proposed use must be submitted and approved by the Planning Board before a building permit may be issued, in conformance with site plan requirements set forth at Section 46 -A. Unless specifically requested by the Planning Board, property lines and adjacent public streets need not be shown on the site plan submitted if in excess of 300 feet distant from the proposed site, but shall be shown on a location map. Further, subparagraph 4 of Section 46 -A shall be modified as to site plan approvals previously granted to structures in the special land use district, or to structures not required to have had a site plan approval at the time of original construction, to provide that no approval of the modified site plan by the Planning Board shall be required if the modification involves, 10 (a) Construction of a new building or structure with a footprint, of 2000 square feet or less; or alteration of an existing structure involving the addition or modification of less than (i) 10,000 square feet or (ii) 10% of the enclosed space of any structure of greater than 20,000 square feet of enclosed space, whether on one or more stories, whichever is less; and (b) construction or relocation of fewer than 20 parking spacers provided there is no net reduction in parking spaces; and (c) any maintenance or repairs not materially affecting the appearance of the site, or construction, repairs, alterations, or renovations materially affecting the exterior of a building or the site where exterior work is anticipated to cost less than $100,000 (1993 price, subject to Cost of Living Index adjustment); and (d) does not alter proposed traffic flows and access; and (e) does not directly violate any express conditions imposed by the Planning Board in granting prior site plan approval. Exhibit #3 7 2/15/94 Minutes . a 0 � TOWN CLERK 273 -1721 U r. u TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 FAX (607) 273 -1704 MEMORANDUM TO: Planning Board Members FROM: Louise Raimondo, Planner 1 DATE: February 10, 1994 RE: CU FGEIS PLANNING 273 -1747 ZONING 273 -1783 Candace Cornell and Steve Smith were able to meet with Planning and Engineering staff to draft the remainder of responses to the public comments received for the DGEIS. These meetings were very productive, and I have enclosed draft responses for the comments received from the NYS Dept. of Transportation and the general public (Ellen Harrison, Barbara Peckarsky, and Bruce and Doug Brittain). Please read these over for Tuesday's meeting and let us know at the meeting what changes or additions you feel are appropriate. The draft responses discussed at the Planning Board meeting on February 2, 1994 have been revised to reflect the Board's comments. Revised responses are shown in italics. Attachment C:\CUGEIS\PB.MEM cc: Dan Walker George Frantz John Barney Ellen Harrison Lew Roscoe Exhibit,---441 ) 2/15/94 Minutes .a r] v DRAFT CORNELL UNIVERSITY DEVELOPMENT PROGRAM FOR POSSIBLE FUTURE EXPANSION SOUTHEAST OF CORNELL UNIVERSITY'S MAIN CAMPUS (PROPOSED PRECINCT 7 REZONING) FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT TOWN OF ITHACA, NEW YORK LEAD AGENCY: TOWN OF ITHACA PLANNING BOARD MARCH 1994 11 0 • 0 DRAFT Lead Agency: Town of Ithaca Planning Board 126 East Seneca Street Ithaca, New York 14850 Robert Kenerson, Chair Involved Agencies: Town of Ithaca Town Board (The Town Board must approve the proposed Special Land Use District) 126 East Seneca Street Ithaca, New York 14850 John Whitcomb, Town Supervisor The New York State approve any changes GEIS) 333 East Washington Syracuse, New York Harry Carlson, Regio Department of Transportation (The DOT must to the state highway system as proposed in the S treet 13202 nal Director of Transportation Prepared By: Town of Ithaca Staff and the Town of Ithaca Planning Board: Louise Raimondo, Planner 1 George Frantz, Assistant Town Planner Daniel Walker, Town Engineer John Barney, Town Attorney Town of Ithaca Planning Board Robert L. Kenerson (Chair) Stephen D. Smith (Vice- Chair) James S. Ainslie Candace E. Cornell C. Herbert Finch Eva B. Hoffman Virginia C. Langhans In conjunction with: Cornell University Lew Roscoe, Director, Campus Planning 2 Table of Contents Executive Summary/Abstract Table of Contents List of Figures List of Tables I. Introduction IL Description of Action III. RESPONSES TO PUBLIC COMMENTS RECEIVED AT THE PUBLIC HEARINGS HELD OCTOBER 19, 1993 AND NOVEMBER 16, 1993 IV. RESPONSES TO WRITTEN COMMENTS FROM PUBLIC AGENCIES AND ADVISORY BOARDS AND COUNCILS A. Tompkins County Department of Planning Be Tompkins County Environmental Management Council Co Town of Ithaca Environmental Review Committee D. New York State Department of Transportation V. RESPONSES TO WRITTEN COMMENTS FROM THE GENERAL PUBLIC A. Ellen Harrison Be Barbara Peckarsky C. Bruce and Doug Brittain VI. LIST OF MITIGATING MEASURES, WITH ADDITIONS AND MODIFICATIONS DISTRIBUTION LIST L� 3 0 DRAFT APPENDICES Incorporate by reference those listed in DGEIS (no need to send all of those out again and waste reams of paper) Minutes of Public Hearing Held October 19, 1993 Text of Written Comments from the Public Preliminary Responses to Public Comments, Cornell University, Campus Planning, December 14, 19930 Response to Water Quality Issues Cascadilla Creek, DGEIS, January 1994, Stearns and Wheler, Cazenovia, New York. Cornell University Campus Plan, 1990. 9 I. Introduction This document was prepared in order to analyze possible future development of Precinct 7, a 271 acre parcel located to the southeast of Cornell's main campus. The proposal which triggered this study is to rezone these 271 acres of Cornell lands from residential (R- 30) to a Special Land Use District (SLUD) or other institutional zoning district as required by the Town of Ithaca. Precinct 7, also known as the Orchards area, is bounded by Route 366 to the north, Game Farm Road to the east, Cascadilla Road to the south, and Judd Falls Road to the west. The Draft Generic Environmental Impact statement examined potential environmental impacts from the proposed rezoning, potential development plans, and mitigating measures for potential environmental impacts of developing this area. (... more on GEIS's, the DGEIS, and the FGEIS to follow) II. Description of Action Cornell University began a campus planning effort in the mid 1980's, which culminated in a set of guidelines for the development of the campus, published in 1985. A campus planning committee helped to develop a campus plan which was completed in 1990. This planning process included input from the Cornell Natural Areas Committee to set priorities for natural areas protection on the campus. Out of this ongoing campus planning came two conclusions: first, that the central campus could handle some additional development, and that uses pertaining to teaching were most appropriate for this central core, to facilitate students and teaching staff s movements from one class to another in the course of a day. Other University lands were also studied for appropriate long term uses. A second conclusion was that the lands to the southeast of the main campus in Precinct 7 are the logical place for expansion of facilities which did not require a central campus location. Cornell University applied their future needs for possible expansion i:n this area against the uses permitted by the Town of Ithaca zoning, which is residential (R -30). The University then approached the Town with a proposed Special Land Use District more appropriate to their plans for Precinct 7. The Town requested more information on Comell's plans for Precinct 7, and the Planning Board, acting as lead agency for the proposed rezoning, made a positive declaration of environmental significance on May 21, 1991, declaring that the proposed rezoning might have significant adverse environmental impacts, and therefore required an environmental impact statement. Since no specific: development plans had been made by the Cornell, the proper format for the environmental review process was a generic environmental impact statement (GEIS), in which various alternatives for 5 • DRAFT development are examined. Cornell University has examined the environmental impacts of a development program ranging from 296,000 gross square feet of floor area (GSF) up to 41000,000 GSF. - Actual development plans unknown, various scenarios examined - FAR of 0.9 standard set (equivalent to Arts Quad) Add all or most of the following of Lew Roscoe's draft preliminary responses to public comment on the DGEIS (12/14/93 letter) ?: o 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 SE, 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 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 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 to predict is debatable, constrained by administrative intent and 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 stated maximum for future development, with mitigations at thresholds of 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 9 UKAFT 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. e Some of 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. e The DGEIS is not intended to replace 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 die EAF and supplementary project reviews (see pg vii of DGEIS Vol D. Thus, such data as traffic and water quality may be subject to additional analysis at the time of specific project proposals. III. RESPONSES TO PUBLIC COMMENTS RECEIVED AT THE PUBLIC HEARINGS HELD OCTOBER 19, 1993 AND NOVEMBER 16, 1993 I. Public Comments Received at the October 19, 1993 Public Hearing A. Bruce Brittain 10 Traffic should be considered as a performance standard for the SLUD 20 The 0.8% assumed annual traffic growth rate is too low for that part of Ithaca (County traffic counts indicate a 5 to 18% annual growth rate) B. Ellen Harrison 1. Preservation of Route 366 viewshed to Mount Pleasant. 2. Request for drawings of possible layout scenarios 2. Public Comments Received at the November 16, 1993 Public Hearing No members of the public gave comments at this second public hearing. 7 0 DRAFT IV. RESPONSES TO WRITTEN COMMENTS FROM PUBLIC AGENCIES AIND ADVISORY BOARDS AND COUNCILS The Planning Board has attempted to fully address all public comments received. Because some of the comments received were lengthy, they have summarized for the sake of brevity. The full text of all public comments received is included as Appendix _. In some cases similar comments were raised by different agencies and/or individuals. Therefore, responses to some comments may contain references to responses found elsewhere in the FGEIS. A. Tompkins County Department of Planning: 1. Comment: What mechanism exists for making sure that impacts identified in the DGEIS (eg. stormwater management and wetland mitigation) are included in the Planning Board's review of each development proposal? The GEIS, its recommendations and its promises, should be referenced in the SLUD. Response: The SLUD (included in the DGEIS as Appendix 2) should reference the GEIS and its recommendations in a way that permits the GEIS to be modified and augmented over time. It is anticipated that conditions in Precinct 7 will change over tune, and any new studies or information generated by Cornell University and the Town, as well as other agencies, should be considered at the time a development proposal is submitted to the Town for approval. The appropriate mechanism for incorporating suggested mitigative measures into future projects is the Town's site plan review process. Cornell has indicated a willingness to complete a Long Environmental Assessment Form (LEAF) and the Town will require an LEAF for each future project in order to allow the Town to fully evaluate the project with regard to the information contained in the DGEIS, FGEIS, and Findings, along with any additional information, such as traffic counts, which have been generated in the interim. 2. Comment: Some of the performance standards listed in the SLUD (f through m in particular) are very general and vague. More detailed, objective standards do exist for items such as odor, dust, vibration, etc., and we recommend that, where possible, more finite, objective standards be used to determine conformance. Response: Some of the performance standards listed in the draft SLUD are indeed very general, and the Planning Board has evaluated the possibility of including more specific and detailed standards. The standards for density, height, ground coverage, setback from a 0 8 EMU= public road, and noise are quite specific. The general standards are intended to serve more of a design function as proposals are being evaluated during the site plan review process than for enforcement purposes. These more general standards are adequate, and allow some is degree of flexibility for Cornell in formulating its development plans for the Precinct, while still being protective of the environment. The Town can require that more specific standards be met as appropriate for each proposal that Cornell proposes for developrr,ent of Precinct 7 during the site plan review process. 3. Comment: The performance standard for "noise" says acceptable ;sound levels depends on the Receiving Land Use Category. In the case of vacant land, the Receiving Land Use Category should be defined as the "existing land use," or "the most sensitive use permitted by zoning." Response: The permissible noise levels as listed in the draft SLUM should adequately protect adjacent land uses from disturbance by noise. The most sensitive areas to noise pollution are residential and natural areas, and the day and night time levels as proposed are appropriate for these areas. A 75 foot buffer zone from the natural areas (see comment C.I. below) will further protect these areas from adjacent Land uses. At present, there are no residential areas in or immediately adjacent to the area proposed for rezoning. The Town's site plan review process will allow the Town' to evaluate the need for additional setbacks in the event that a potentially noisy use is proposed for location neat to a sensitive area. 4. Comment: The Floor Area Ratio (FAR) discusses above ground floor area, but there seems to be the potential, at least in the long term, for underground construction in )Precinct 7. The definition of the FAR ought to include all human occupied space, whether above or below ground. Response: FAR is not intended to address underground space. There may be underground space in addition to the FAR space levels. The FAR is intended to govern the proportion of a building to the surrounding open space of a given building site. Cornell University has assured the Town that the maximum of 4 million GSF will include all space including underground areas. The Town will require that basement areas to be included in GSF calculations. 5. Comment: While we applaud the fact that the unique natural areas and important wetlands are to be left undeveloped, we are concerned that the need for creation of wetland mitigation areas are to be determined "at the time an individual permit is applied for" (page II -76). This project by project approach to wetlands creation will be far less effective (both 9 r1 U DRAFT environmentally and economically) than if a "high- side" estimate of wetland destruction was estimated, and one large wetland was created (or, even better, a pristine wetland was purchased) to offset the wetland losses. Response: Cornell conducted a wetlands inventory for the DGEIS, as illustrated in Figure 21, Page II -68, in order to identify those areas. Section II (d.) discusses Precinct 7 wetlands and potential impacts to these wetlands. The DGEIS has identified the most significant wetlands in Precinct 7 as being those located in the Cascadilla Creek and McGowan Woods areas, which have been identified by Tompkins County as Unique Natural Areas worthy of protection. Cornell and the Town have agreed on a policy that no development shall occur in these high quality habitat areas. The development program presented in the DGEIS proposes that these areas be left in their natural state. The primary impact to wetlands as noted in the DGEIS is the potential need to cross them with roads at several locations. These locations are the wetland area directly opposite Tower Road and the north -south oriented wetland "finger" south of the library annex. Best management practices (BMP's) for these crossings are discussed on Pages II -75 -76 of the DGEIS under mitigating measures for disturbing wetlands (list m & m's here ?) BMP's for wetland fills are also discussed in this section, but it is the Town's policy to discourage filling of wetlands, and the Town will continue this policy in its review of future Precinct 7 development proposals. Since wetland losses will be minimal and limited to road crossings, and high quality wetlands as identified in the natural areas will be protected by a policy of no development, wetland impacts should be minimal, and the need for creation of additional wetland mitigation areas is not anticipated. The seven wet retention basins proposed by Cornell for stormwater management can serve many of the same functions as created wetlands, and may even meet the federal definition of a wetland within a few years of their creation. Wetland disturbance includes using these areas as stormwater retention areas. Such plans should be carefully designed to protect the wetland involved, and untreated stormwater runoff should not be discharged directly into wetlands. Pretreatment by practices such as infiltration, overland flow through vegetated areas, and retention /detention basins can effectively mitigate impacts from stormwater runoff. The Town will evaluate all proposals for stormwater management and possible discharge into wetlands to insure they are protective of the wetlands. 6, Comment: Page I -52 of the DGEIS states that "A pedestrian connection to the central campus will be installed when the population in Precinct 7 supports such a facility." Could pedestrian traffic be defined in terms of threshold, as automobile traffic impacts have been defined? Response: The proposed pedestrian connection should be built when that area of 10 UKAtl the Precinct has been developed with a degree of population that would use the connection. Rather than an abstract number of people, the majority of whom might or might not use such a connection, Cornell University has proposed that this become part of a site plan for the is developed area when there is an obvious user group. Cornell has proposed bicycle and pedestrian paths for Precinct 7, as illustrated in Figure 24 (include ?), Page II -101 of the DGEIS. The main Cornell campus is generally pedestrian friendly, and then; is no reason for the Town to believe that Cornell will not continue this policy as it develops Precinct 7. Be Tompkins County Environmental Management Council 1. Comment: An avifauna (bird) survey should be conducted in the breeding season (the DGEIS survey was conducted in February). A breeding season survey for amphibian and reptilian life would also provide more information. Response: While it is true that breeding bird, amphibian, and repidle surveys would provide additional information, Cornell has already conducted an extensive study of the area and identified areas of high quality habitat: the Cascadilla Creek Corridor and McGowan Woods. The University has stated that their policy in developing Precinct 7 is to protect these areas. The Town will conduct a thorough review of all future development projects to insure that these significant habitat areas are protected. A buffer zone of 75 feet (see comments 8.2, below) will insure that these natural areas are adequately protected, along • with their resident fauna. The remainder of Precinct 7 lands have been intensely disturbed for agricultural uses (cultivated fields and the orchards) or consist of buildings and maintained grounds, and are not quality habitat. It is unlikely, therefore, that additional surveys would identify any rare, threatened, or endangered species requiring special protection, as such species have not been identified by this study nor previous studies made by Ostman and Marks and the Tompkins County Environmental Management Council, The New York State Department of Environmental Conservation has no record of such species for this area in their database. Additional site surveys for flora and fauna, therefore, will not be required. 2 Comment: Cascadilla Creek and McGowan Woods are important natural areas. The proposed natural areas setback of 30 feet is inadequate. These areas are important as habitat areas and have aesthetic value to local residents who use the corridor for recreation. Continued fragmentation negatively impacts species diversity. Response: Please see the response given under Section C., comment 1 below. 11 DAFT 3, Comment: The addition of paved surfaces and roof tops should have been taken into account in runoff predictions. Response: Stormwater management is discussed in Section B. of the DGEIS, Water Resources. A detailed stormwater analysis including estimates for runoff created by impervious surfaces is included in the DGEIS as Appendix 4. It is essential that runoff impacts include an estimate of impervious surfaces. The DGEIS discusses a conceptual framework for stormwater management, but detailed designs have not yet been completed. It is anticipated that the Town will require these prior to any major project involving regrading for each subarea examined in the GEIS. In order to protect the water quality of Cascadilla Creek, a system of wet retention areas has been proposed by the University as shown in Figure 19, Page U -38 of the DGEIS (include here ?) Additionally, Best Management Practices (BMP's ) as described in Section I.F.2.a, Pages I -50 -52 (list here ?). Cornell has already begun the design phase for several of these structures in the vicinity of the former refuse disposal area (Include preliminary draft design here ?) The Town will have review authority over the design and construction of the proposed retention/detention systems. Cornell will be building these retention basins in accordance with the NYS DEC's Stormwater Management Guidelines for New Development. All plans of this nature will be subject to the approval of the Town Engineer. Runoff from impervious surfaces such as buildings and paved areas will be required in the predicted runoff calculations for the design of these structures. The Town will require runoff to closely approximate natural flow • conditions. A 75 foot vegetated buffer zone will be required between Precinct 7 and the border of the Cascadilla Creek corridor to further protect the creek from potential adverse impacts of development. In order to respond to questions raised about potential impacts to Cascadilla Creek, Cornell contracted with Stearns and Wheler, Environmental Engineers and Scientists (Appendix to study the issue. Water quality impacts are also discussed in depth in Section V. of this document in response to comments made by Ellen Harrison and Barbara Peckarsky, 4. Comment: To what extent will all potential impacts of all the proposed (not -yet- identified) developments be considered by the Town? Impacts should be considered in their totality, rather than in a piecemeal fashion, as would be the case when each proposed development comes up for review. Response: The GEIS is designed to describe thresholds of development and mitigations for overall impacts rather than specific projects. Because specific projects are not known at this point in the planning process, a Generic EIS is the established format for 12 DRAFT evaluating potential overall environmental impacts of Precinct 7 development. The first phase of the GEIS project was essentially completed with the acceptance of the DGEIS by the Planning Board for public review. The completion of the draft document took over two years, and the draft evolved as an ongoing process of review and continent by the Town, the Town's consultant, Cornell University, and Cornell's consultants. The DGEI;S is the culmination of many hours of hard work and negotiation on the part of all involved to adequately address the issues surrounding rezoning and developing Precinct "11 The Final EIS will address public comments and will modify those areas in the DGEIS that were found to be too vague or otherwise unacceptable. The Town has taken the lead role in completing the Final GEIS to insure that overall development impacts have been adequately addressed. Town staff has been working with the Planning Board towards this goal. The Planning Board appointed a special committee to assist staff in drafting the FGEIS for full Board review. The Planning Board will then be responsible for completing detailed Findings on the GEIS. The Findings statement for this action, which is to rezone Precinct 7 from a residential to a Special Land Use District or other institutional zone, if approved, must balance adverse environmental impacts against the needs and benefits of the action. Reasons supporting approval or disapproval must be given in the form of facts and conclusions that are derived from the Draft and Final EIS. They represent the framework upon which future decision - making regarding development of Precinct 7 will occur. The Town, through the site plan review process and the environmental review which will be conducted for each proposed project will address project- specific impacts at a later date. By looking at overall impacts now, we will insure that adverse impacts will not occur incrementally. • 5. Comment: Consideration of requiring double -sided copies in the FGEIS and use of recycled paper Response: The Draft EIS was printed on double -sided recycled paper, with the exception of some of the appendices. The Final EIS, being prepared by the 'Town will be printed on double -sided paper. The Town does not currently have a policy on the purchase of recycled paper, largely because of the higher cost of recycled paper. (Whatil'ollowed was deleted). CO Town of Ithaca Environmental Review Committee 1. Comment: The proposed 30 foot setback from natural areas is not appropriate. A variable setback based upon site specific conditions should be considered. If a variable setback is not acceptable, then the non - flexible 13 • 0 DRAFT setback should be established using the "worst case scenario" -- the most sensitive natural area in Precinct 7 coupled with a construction project of the highest magnitude of impact. Response: The subject of an appropriate setback from the significant natural areas identified in Precinct 7 has been discussed in depth by the Planning Board and Town of Ithaca staff. The Cascadilla Creek corridor serves as significant habitat area and recreation area, the East Ithaca Recreation Way. Both the Cascadilla Creek corridor and McGowan Woods were identified by Tompkins County in its Unique Natural Areas Inventory. Therefore, the corridor and McGowan Woods deserve an appropriate amount of protection. Various scenarios for protecting the corridor and the woods were examined. This issue of an adequate buffer zone for natural areas has been the subject of much discussion and debate. The Town staff and Planning Board have searched the literature and queried a number of state officials with regard to adequate setback parameters. New York State has one equivalent standard, a 100 foot setback from state designated wetlands. When questioned on how this standard was established, it was found that the decision was not made by staff trained in conservation practices, but rather was a political compromise. Originally the setback from wetlands was proposed as 200 feet, which the legislature deemed too large a buffer area. A buffer zone of 100 feet was recently proposed to the Planning Board and Cornell, arrived out by consideration of wildlife, aesthetic concerns assumed for users of East Ithaca Recreationway located alongside Cascadilla Creek, and water quality preservation concerns. The Planning Board, after much debate, and input from Campus Planning staff, has agreed upon a 75 foot buffer zone from the established line demarcating the boundary of the natural areas, the border having been determined in the field by Cornell Plantations staff as well as Town staff, and later surveyed and shown on a map entitled , and dated . This buffer zone shall be established to protect the natural areas from the effects of urbanization and to provide sufficient groundwater infiltration for the vegetation in the natural areas and protection of the water quality in the Creek. Disturbance or construction within this buffer zone is limited to compatible facilities for passive recreation and enjoyment of the natural areas such as paths or walkways (no greater that 6 feet in width), observation areas, interpretive signage, gazebos, and landscaping. Eristing uses within this 75 foot buffer =one will be grandfathered. 2 Comment: Adequacy of traffic count information in DGEIS; possible need for additional traffic count data. Possible options: accept traffic counts, but require a supplemental EIS for every project which will increase traffic in the study area, establish and amended threshold for which such studies would be required, or have Cornell finance a study to be conducted by the Town to assess the current traffic situation. Response: The traffic count data provided in the DGEIS is considered adequate for 14 the purpose of identifying the potential future traffic related impacts of the proposed development of Precinct 7. Additional review of traffic and the need for traffic related mitigating measures identified in the DGEIS will occur as part of the site plan review process for individual projects in the area as provided by the proposed Special Land Use District. 3. Comment: We urge the University to set a precedent in this region by avoiding all negative impacts to wetland of any size during the development of Precinct 7. Presently, the drainage construction being performed behind the Library Annex requires the alteration of several small wetlands in the Cascadilla Creek corridor. Projects of this sort can be designed to avoid impacting these sensitive areas. Response: Please see Section VI.A., Comment 5 above. D, New York State Department of Transportation (NYS DOT). 1. Comment: Correction of the D /GEIS to include them as an involved agency Response: The New York State Involved Agency. The NYS Department o to be preparing its own Findings Statement development in Precinct 7, as provided for Act. Department of Transportation is now listed as an f Transportation as an Involved A;;ency is expected with regard to traffic impacts of the proposed under the State Environmental Quality Review 2. Comment: Staging of highway improvements to be consistent with development, rather than after problems arise Response: The Town concurs with the above comment. Road improvements to NYS Route 366, as well as to local roads impacted by the development proposed in the DGEIS can and should be programmed as development of the area proceeds. The matter of timing for transportation related mitigations should be discussed with the NYS Department of Transportation at the time a particular project is proposed. The mitigations could be done at the time projects are initiated. 3. Comment: Five lanes on NYS Route 366 instead of 4 is recommended 15 0 DRAFT 4. Comment: Clarification on intersection improvements in the NYS Route 366 area 0 needed Response: The above two concerns are noted. The Final GEIS does not make any findings regarding the ultimate width or number of lanes for NYS Route 366. The ultimate width and number of lanes, and the configuration of other improvements to the road, including intersection improvements, should be determined at the time the need for improvements has been identified. As state above, it is expected that the NYS Department of Transportation as an Involved Agency will be making its own Findings with regard to traffic impacts of the proposed development in Precinct 7, and that the above issue will be addressed at that time. 5. Comment: Figure 2A in the Executive Summary would be more informative if it contained trip generation data Response: The Town concurs with the above comment. 6. Comment: NYS Department of Transportation policy requires that developers pay for road improvements Response: The Department of Transportation is considered an Involved Agency under SEQRA. This F /GEIS assumes that the Department will develop its own Findings Statement and will duly exercise the authority delegated to it under the relevant State laws. 7. Comment: NYS Department of Transportation would agree to a phased mitigation plan between Cornell, the Town of Ithaca, and the Department of Transportation. Response: The magnitude of the proposed development in Precinct 7, and the fact that the local road network is a mix of University, Town of Ithaca, City of Ithaca, Tompkins County, and State owned roads, provides both a challenge and an opportunity for cooperation in the coming decades between all par-ties involved. Only through such a partnership will the necessary improvements be accomplished and the costs shared in an equitable manner. The framework for such cooperative approach to mitigating traffic impacts in the area should be the newly formed Ithaca - Tompkins County Transportation Council, of which all parties are members. 0 16 V. RESPONSES TO WRITTEN COMMENTS FROM THE GENERAL PUBLIC I* A. Ellen Harrison 1. Comment: It seems to me that it is quite a challenge to consider eui EIS for a development program that might range from 25►6,000 gross Square Feet (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 - "worst case" from an environmental point of view. Response: A generic environmental impact statement is intended to be just that, generic. It is an attempt to identify and to quantify where possible all environmental impacts of development in cases where the full nature of that development is unknown. In the case of this request by Cornell University for rezoning Precinct 7, the University has provided us with a range of potential development from which to make judgements on potential impacts. This range has a low estimate of growth, which is an improbable scenario based upon Cornell's growth projections, and a high estimate (4 million GSF), which is based upon an imagined maximum of growth. This maximum would allow the University to reasonably development Precinct 7 with floor area ration (FAR) and open space limits set, based upon a known standard on the central campus, the Arts Quad, for which there is general agreement on the desirability of its design and open space qualities. Cornell has adequately addressed the "worst case" scenario, assigning the 4 million GSF as its upper limit, and addressing impacts at this level as well as lower levels of development. 2. Comment: Much of the DGEIS is really quite a general discussion and not specific enough to really consider the impacts. The level of detail in the DGEIS is insufficient. Perhaps some threshold could be developed so that future development that was not "major' could proceed with the use of and EAF, but that "major" developments could trigger a separate EIS. Response: A generic environmental impact statement cannot ;project every potential impact, since no specific development proposal is under consideration at the time the impact statement is written. It is intended to address overall projected impacts. The Town will have the opportunity to review each development proposal during the site plan review process, and decide whether the environmental impacts of the proposed action have been adequately addressed. Cornell and the Town have agreed that all development projects within Precinct 7 will require completion of a full environmental assessment form (long EAF). The GEIS has addressed the significant environmental impacts associated with development of Precinct 7 within the constraints of a GEIS, and proposed mitigating measures to address these impacts. The site plan review process will include a review of these proposed mitigating measures as 17 0 :7 DRAFT they relate to the project under review. If the environmental impacts of a proposal are found to be inadequately addressed in the GEIS, the Town may require that a supplemental environmental impact statement be completed to address these impacts. 3. Comment: It would be very helpful for GSF and FAR, to be able to show examples of what the showing several alternatives needed for the reader to mal parking is about 5 times the those of us not familiar with interpreting see some graphic representation which maximum build might look like. A map with associated parking (4385 cars) is :e sense of the proposal. This much size of the A or B lots presently at Cornell. Response: The Cornell Campus Planning Office has supplied the Town with a map showing FAR data for the central campus (untitled, Fall 1993; incorporate by reference or include). This gives additional information on densities of the existing campus, and what we might reasonably expect to see in Precinct 7. Cornell published a Campus Plan in 1990 which shows one possible development scenario for Precinct 7 (incorporate by reference). This document helped to set off the chain of events which triggered the Town's request for a GEIS. Further speculation on possible development scenarios for Precinct 7 at this point in the rezoning process would only serve to delay the approval process without providing additional meaningful data. Cornell is uncertain of its development plans for the Precinct. They have examined overall impacts of developing this portion of the campus, and the Town will examine each proposal carefully, based upon the information compiled to date. 4. Comment: The consideration of Precinct 7 in conjunction with the adjacent Precincts 8 and 9 is valuable, but it is also confusing. It seems from the DGEIS that only minimal development is proposed for Precincts 8 and 9, As submitted, however, there is no commitment to this low level of development and so we must be sure that we are not basing the overall conclusions about impacts on this premise. Response: For Precincts 8 and 9, the development amounts are only best guesses and not commitments on the pan of the University. 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, and there is no implied commitment to change. The GEIS is meant to address a development program for Precinct 7, and only shows Precincts 8 and 9 for background context, which was included as such at the request of the Town. 5, Comment: How does the FGEIS acceptance by the Planning Board relate to the V Town Board's approval of the SLUD? Response: Cornell University filed an application for rezoning the 271 acres of Precinct 7 from residential (R -30) to a Special Land Use District on March 6, 1991. The Town Board referred the proposed rezoning to the Planning Board for a recommendation. As the lead agency, the Town Planning Board made a positive declaration of environmental significance on May 21, 1991, requiring that an environmental impact statement be prepared. Since that time, the proposed SLUD has undergone many changes as the GE;IS was being completed, subject to the review of Town and University reviewers. The most recent version of the SLUD was included as Appendix 2 in the September 1993 version of the DGEIS, which was accepted by the Planning Board for completeness with respect to public review. It is anticipated that the SLUD will continue to evolve as part of this FGEIS process, and may be modified further during the Findings process. The proposed SLUD will then have to be approved by the Planning Board as a recommendation to the Town Board after a public hearing is held. The Town Board will then hold a public hearing on this proposed revision of the Town Zoning Ordinance as part of the approval process, as with any amendment. Any further modifications made to the SLUD must be consistent with the GEIS and Findings, or will trigger a supplemental EIS. 6, Comment: Is the maximum build development premise probable? Response: The amount of Cornell University growth is unpredictable, 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 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 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 to predict is debatable, constrained by administrative intent and 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 19 i DRAF-1- 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 stated maximum for future development, with mitigations at thresholds of 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. 7. Comment: Water quality issues are not adequately addressed in the DGEIS. These include potential stream impacts from pollutants such as oil, grease, and sediment, as well as an increase in temperatures. Development can also be expected to cause a reduction in low flow due to reduced infiltration. These effects can have potentially severe impacts since low flow is the time when pollutants are least diluted and thus stream life is most likely to be stressed. Response: When discussing water quality issues relating to Cascadilla Creek, it is helpful to review existing conditions of the resource that one is attempting to protect. Cascadilla Creek has a watershed of approximately 8,457 acres, and is the stream which drains the small valley known as Ellis Hollow. The watershed consists largely of forested, 10 agricultural, and low density rural residential land uses. Precinct 7 is at the base of this watershed, and is approximately 3.2 percent of the total land area. East of Turkey Hill Road (approximately one mile east of Precinct 7) Cascadilla Creek is known to support trout, an indication of the high quality habitat of the stream. Agricultural land uses between Turkey Hill Road and Precinct 7 degrade the water quality of the creek to some degree, but it remains a high quality habitat as it passes through Precinct 7, where some erosion problems on the south side of the steepening stream corridor exist (these are not within the area intended for rezoning). Figure 1 (include) from the two studies completed by Ichthyological Associates (Volume 3, Reports 2 and 3 of the DGEIS) illustrates the hydrological relationship of Precinct 7 to Cascadilla Creek. Stormwater runoff from the Precinct drains into a series of wetlands and drainageways which do not enter the Creek until the western corner of the Precinct, near the intersection of Route 366 and Judd Falls Road. Stormwater runoff from a portion of the developed campus also enters the Creek in this area. The Creek then flows through a steepening banks for about one half mile to the start of the waterfalls, which continue for approximately one mile. These waterfalls and the very steep topography change the nature of the stream drastically. From the base of the falls, Cascadilla Creek is confined to a drainage channel which is degraded by untreated runoff from the City of Ithaca. It then flows into the Inlet and ultimately Cayuga Lake. Cascadilla Creek is a high quality habitat upstream of Game Farm Road and as it runs through Precinct 7, but becomes a mile long waterfall and a degraded flood control channel in the City, after which it flows into a stream of far lesser quality, the Inlet, and finally, a deep lake of good quality (though not at the point 0 Game Farm Rd. >• —7 Ln = z r ' `J a cc L� u c0 ' L F`d t � a V m ro Cn .c : ro L rn ® c N 3 O_ In E c Q' 1: cQ II II 11 II II . _ V L T � • . fr' v g U ca i N n 0 a a� in J n V C ° ul u `c Buda ' o N 0 a off u ar' >r Zo A 0 a r Game Farm Rd. >• —7 Ln = z r ' `J a cc L� u c0 ' L F`d t � a V m ro Cn .c : ro L rn ® c N 3 O_ In E c Q' 1: cQ II II 11 II II . _ V L T � • . fr' v g U ca i N n 0 a a� in J n V C ° ul u `c Buda ' o N 0 a off u ar' >r Zo A DRAFT where the Inlet enters the lake). It is also useful to note that Precinct 7 has been largely experimental agricultural land in the past, and the stonmwater management plan presented in the GEIS will help alleviate runoff from this area which presently contains pesticides, fertilizers, and sediment. The DGEIS addressed water quality impacts in a general sense in Section II.B.2.a. and b. (Pages 31 -39). Mitigating measures to address potential adverse water quality impacts are described in Section II.B.3. (Pages 39 -42). The University has outlined a program to protect water quality in the Creek by best management practices (BMP's) during construction (as outlined on Pages I -50 -52 of the DGEIS) and the seven proposed wet retention basins as shown in Figure 19 (Page II -38: include ?). Section II.B.1.3.b. (Page 1I -42), Mitigating Measures for Surface Water, include the following measures protect water quality in Cascadilla Creek: Stormwater retention facilities should be constructed for each phase of development in Precinct 7 as part of the basic infrastructure for that phase and prior to construction of any building. Wet retention ponds improve stormwater by gravity settling, naturally occurring chemical flocculation and biological uptake. If site constraints preclude wet retention ponds, detention ponds should be used. Stormwater wet retention ponds should be constructed to mitigate impacts from existing runoff, as required. - Retention ponds should be constructed and sized to provide for settling of pollutants prior to discharge. Retention ponds should be generally designed in accordance with DEC's Reducing the Impacts of Stormwater Runoff from New Development and should include velocity dissipation device at outfalls to prevent stream scouring or erosion. In response to the public comments received, the University contracted with Stearns and Wheler, an environmental consulting firm, to address cumulative impacts to Cascadilla Creek in a more comprehensive manner. The issue of reduced flow from development due to a increase impermeable surfaces was addressed in both the DGEIS and subsequent Stearns and Wheler report (Appendix .). Section II.B. La. of the DGEIS discusses groundwater characteristics of the study area. The agricultural lands in Precinct 7 have a system of subsurface drains which have greatly altered natural groundwater infiltration patterns. The soils of the study area consist primarily of unconsolidated deposits which are fine - grained glacial till and morainic deposits. These soils are generally not capable of sustaining significant recharge to groundwater. Section II.A.l. and Appendix 3 of the DGEIS outline soil types in the study area. Approximately one half of the soils in Precinct 7 are of the Collamer series, characterized by low permeability. The Stearns and Wheler report (Appendix _) concludes that the area proposed for development is only a small part of the Cascadilla Creek watershed (3.2 percent). Increasing the impervious surfaces in Precinct 7 at 21 MCI• the full build scenario would represent less than a one percent increase in the impervious nature of the watershed as a whole. The Stearns and Wheler report ,also concludes that changes in materials (pollutants) loading to the Creek will not be significant as a result of development of Precinct 7 with the proposed mitigating measures in the DGEIS. No exceedances of ambient water quality standards are projected. In summation, the University has stated a policy of improving and protecting water quality in Cascadilla Creek. State of the art mitigating measures, including structural and non - structural best management plans stormwater control, form the foundation for a proposal to protect water quality in the GEIS. In addition, much work has been accomplished recently by the University to protect water quality, including conversion from the use of on -site wastewater treatment systems to central sanitary sewer disposal (sewers were: extended to this area in the summer of 1993), and development of BMP's for manure handling. The stormwater management program as outlined in the DGEIS, along with the additional 75 foot buffer zone outlined above (see Section IV.C, Comment 1), will provide: sufficient protection to the stream environment. Each individual retention basin will be reviewed by the Town Engineer to insure that they are designed according to the criteria set forth in the GEIS, and are therefore protective of the stream corridor. 8. Comment: 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. This information then needs to be interpreted in terms of what the predicted impact on Cascadilla Creek would be (she lists additional specific questions; see her comments in Appendix J. Response: Cornell University recognized that the DGEIS did not adequately address these issues, and contracted with a consulting firm, Stearns and Wheler (see: Appendix to quantify projected impacts, and evaluate the proposed mitigating measures to determine if they were adequate to protect water quality in Cascadilla Creek. The report estimated that runoff in Precinct 7 would increase by 30 percent if a full build scenario were to occur. Since the total area of the watershed is 8,457 acres, Precinct 7 is estimated to encompass only 3.2 percent of the watershed, and the increase in impermeable surfacers is estimated at only one percent of the total runoff for the watershed. As outlined in the previous question, the DGEIS and supporting documentation adequately address the potential for stream degradation and propose a program for more than adequate protection of water quality. One must also take into consideration the downstream characteristics of the Creek, also addressed in the previous question, to put this issue of low flow impacts such as temperature. Not far downstream of Precinct 7, the stream becomes a series of waterfalls through very steep topography. Conditions of elevated temperature and oxygen - deprivation is essentially 22 0 5 h =ki eliminated in this stretch of stream. Additional quantification of these impacts beyond the . Stearns and Wheler study is unnecessary in light of the stormwater management program that Cornell has proposed, and the Town will require as a condition of the development of this part of the campus. 9. Comment: Pedestrian/bicycle access to the central campus shouldn't be optional, there is a need for this and extension to East Hill Plaza Response: The issue of pedestrian and bicycle access between Precinct 7 and the central campus is addressed in the D /GEIS.(Fig. 24, p.II -101) Pedestrian and bicycle transportation related facilities are proposed to be incorporated into the transportation infrastructure improvements within Precinct 7 and at the various intersections along NYS Route 366. A pedestrian link to East Hill Plaza is a longstanding local issue which is only partially relevant to the University proposed development in Precinct 7. The Town in cooperation with the University and Tompkins County has already begun development of such a link as part of the Judd Falls Road/Pine Tree Road intersection reconstruction project and the Mitchell street reconstruction project, both completed in 1992. Determining the most desirable location of such a link also involves study beyond the scope of the D /GEIS: such a link should be designed in a manner that it serve not only Precinct 7, but those portions of the University north and west of precinct 7 and NYS Route 366. 100 Comment: Pedestrian/bicycle traffic along major roadways not considered; traffic discussion should include this, not simply automobile traffic Response: The DGEIS addresses the issue of bicycle and pedestrian traffic and related safety issues in general. Currently there is no significant bicycle or pedestrian traffic along either of the roads mentioned, nor is any significant increase anticipated as a result of future development in the Precinct 7 area. Neither have any significant bicycle or pedestrian traffic related problems been identified, or are anticipated to result from future development of the Precinct 7 area. The feasibility of developing such facilities, however, should not be precluded. An assessment of their need in the area will be integrated into any design study for the future widening of NYS Route 366 anticipated in the DGEIS. Bicycle and pedestrian needs of the entire area are also expected to be addressed in 0 23 DRAH the transportation plan for the Ithaca metropolitan area not being initiated by the Ithaca - Tompkins County Transportation Council, of which the Town of Ithaca and Cornell University are members. 11. Comment: The proposed access from Precinct 7 to Game Farm Road will become the major thoroughfare for cars leaving the campus Response: The D /GEIS proposes a Precinct 7 road network that is not likely to encourage through traffic. Given the conceptual design provided in the D /GEIS (Fig. �) use of the Precinct 7 road network could be made less attractive to through traffic with specific street and intersection designs and traffic control devices such as all -way stop signs. Based on data in the D /GEIS traffic on Game Farm Road between NO'S Route 366 and Stevenson and Ellis Hollow Roads (Vo1.I Fig. 25, App. 6, Figs. 5a & 6a) is estimated to account for between 3 % and 5% of overall traffic to and from the Universitly. Unless major residential development occurs over the next two or three decades in the Ellis Hollow area of the Town of Dryden, or in the Town of Caroline beyond Ellis Hollow -- a factor outside the scope of the GEIS and outside the control of Cornell University -- it can be reasonably expected that Game Farm Road, and the road network through Precinct 7, will not become major thoroughfares for cars leaving the campus. • 129 Comment: Traffic in Forest Home will increase; free parking in 'A,' lot contributes to this (designate "B" lot as free lot as well) Response: The DGEIS does anticipate increased traffic in Forest ]Home as a result of the proposed future development in Precinct 7. Traffic in Forest Home is a longstanding problem, resulting from the growth of the University and residential and commercial development to the north of Forest Home in the towns of Lansing and Dryden over the past three decades. No data on the impact of free parking in Cornell University's "A' Lot parking lot in Cayuga Heights on Forest Home is included in the GEIS, nor was parking in 'A" Lot and its impacts included in the scope of the document. The parking lot has been in existence for at least twenty-five years, and attracts commuter traffic from the north, east, and; west as well as from the south through Forest Home. The issue of free parking 'B' versus 'A' Lot is a complex environmental and policy issue that is beyond the scope of the GEIS. Parking for facilities in Precinct 7 will be located 24 C7 0 DRAFT on site and free parking in any location is not anticipated to impact the traffic patterns attributed to the Precinct 7 development. 13. Comment: One of the particular and unique charms of Cornell and Ithaca is the fact that campus meets country in a sharp demarkation rather than 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 Road to and including McGowan's Woods is and essential component in providing this rural "gateway." Response: 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 does not wish to commit to having no development along the eastern end of Precinct 7, but would prefer the flexibility to develop it in a sensitive way with input on views and general landscape and architectural quality by Town and University reviewers. Development in this area will be constrained by proximity to Game Farm Road (the proposed SLUR specifies a minimum setback of 100 feet from a public roadway) and McGowan Woods (the proposed SLUD as recently amended specifies a 75 foot buffer zone from natural areas). 14. Comment: 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 will be affected by development." (II -73) How can 30 feet be adequate to prevent any impact to habitat. Imagine a 1000 car parking lot 30 feet from McGowan's Woods or the exhaust fans from a 5 story building. There are inconsistencies in the set back distances mentioned in the DGEIS. The DGEIS says 30 feet while the draft SLUD says 75 feet. Response: 15, Comment: Please see the response to Section N.C., Comment 1. Protection of steeply sloped areas is not detailed in the DGEIS. Response: In Precinct 7, the Cascadilla Creek corridor is the only area where slopes in excess of 15 percent exist. The University has mad a commitment to preserve this area from development. Additionally, a 75 foot buffer zone will be required to protect the natural areas 25 and these steeply sloped areas form the impacts of increased runoff from development. The best management practices for construction as outlined in Section LF.2. (Pages I- 50 -52) will provide adequate protection for sloped areas in the remainder of Precinct 7. 16. Comment: Conversion of prime farmland soils to other users will occur if Precinct 7 is developed. A summary of the number of acres of prime farmland soils presently owned by Cornell in the Town of Ithaca. and an analysis of what proportion of these soils would be converted irrevocably to other uses under the maximum development scenario would be important information in considering the overall. impact. of this proposal. Response: Cornell intends to phase out the Orchards in Precinct 7 over the next 20 years while developing land it owns in the Town of Lansing for this purpose. The University has presented its case for developing Precinct 7 in the GEIS, citing this area as being the logical location for further campus development based on its proximity to the central campus. This location makes good sense, and the University lands in the Precinct are well buffered by lands also owned by the University, thereby minimizing neighborhood impacts. The current zoning for the district is residential (R -30), not agricultural. If the Town intended this land to remain agricultural, then it could have designated it as such. Without such a commitment from the Town to date, it is difficult for the Town to dictate that these Cornell lands remain 46 in agriculture. While food production is a very important land use, the Orchards have been primarily an experimental and instructional agricultural use, not one of food production. If the Town wishes to enact a policy that agricultural lands within the Town remain in agriculture, then this could be considered as part of the intended revisions the Town's Zoning Ordinance. 17, Comment: The DGEIS does not mention the very important and valuable facilities which Cornell provides. 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. Response: Cornell currently allows the public to use its lands for recreational purposes such as walking, jogging, hiking, biking, cross country skiing, and birdwatching. There is no reason to believe that the University would not continue this policy. Much of the open space in the Town and throughout Tompkins County has remained as such because of the University's ownership. 26 r DRAFT 18. Comment: I am confused about the total number of potential employees. Table 20 (II -107) shows a total potential of 7334 employees while V -1 says it could create a maximum of 4,079 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? Response: 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 7,000. Of that, about 4,000 are assumed to be new employees, and 3,000 moved from the central campus. The space vacated by the 3,000 is assumed to be for teaching purposes, not replacement staff. 19. Comment: 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 Route 366. • Response: The DGEIS discusses impacts to ground and surface water in Section II.B.2 a. and b. (Pages II- 31 -39), respectively. Possible visual and noise impacts are discussed in Section II, J.2.a. and d. (Pages II- 182487), respectively. The University undertook a visual study of the area (cite: Vol. III, to study the impacts on important views. They have proposed a series of mitigating measures for visual character (Pages II -187). The setback from natural areas will be amended as outline above, to designate a 75 foot buffer zone to protect these areas. Mitigating measures for noise are also discussed (Pages 11489). The program planned for stormwater management as outlined in the DGEIS should effectively mitigate potential water quality impacts. To further ensure that water quality impacts are minimized, the 75 foot buffer zone as mentioned above will be required. These areas were not mentioned in the unavoidable adverse impacts section because the University has proposed measures to mitigate these potential adverse impacts. 20. Comment: The alternatives section in the DGEIS does not adequately address less intensive development as an alternative. Response: The DGEIS examines a range of potential development. Minimum and maximum degrees of development were studied. Section III discusses the alternative 27 Ii .. a considered in development of Precinct 7. The minimum development scenario represents what the minimum might likely be. The maximum development scenario is acknowledged by the University to be more than is likely to occur. However, The Town requested that University chose some imagined maximum in order to properly complete this study. They chose a level of development which would allow them to develop while still being within an environmental quality range the University has set for itself, and that the University believed the Town could accept. They chose a known standard of design, the Arts Quad on the central campus, as their density design model. The Town accepted this as a reasonable design standard for the GEIS. The no -action alternative was also considered (see Section III, Page III -7), which would still allow the University to develop under the constraints imposed by R- 30 zoning. Both the Town and the University recognize that the R -30 zoning is inappropriate for the Cornell campus, yet this is the current zoning. It is important: to consider that if Precinct were to remain as R -30, institutional uses would still be permitted, its well as residential uses. Overall plans and impacts would not be addressed in such it comprehensive manner should the land remain as R -30. Be Barbara L. Peckarsky L Comment: 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. Unmitigated replacement of vegetated areas with paved areas or buildings would exacerbate surface runoff, increasing bank erosion on 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, assess the effects of development and proposed mitigation efforts on the water quality of Cascadilla Creek. Baseline data should be accumulated indicting 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 conditions. This would make an excellent project for my Stream Ecology class, which will be offered next during the 1995 spring semester. Response: Please refer to the discussion of water quality in the previous section (Section V.A., Nos. 7 and 8). The DGEIS addressed water quality is ; >ues in ;i general sense in Section II.B.2.a. and b. Cornell has outlined a program which includes best management practices (BMP's) for controlling erosion and sedimentation during construction. Seven wet fi F ;k. & 0- 1 MM retention basins are also proposed, with general locations as shown in Figure 19 (Page H -48) of the DGEIS. Two studies were made by Ichthyological Associates to provide baseline data on water quality and the stream biota. Comell had a consultant, Stearns and Wheler, quantify stream impacts and evaluate the effectiveness of Comell's stormwater management program in minimizing adverse impacts. 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. On -going measurement would be very desirable; class projects conducted periodically (and dependably) could be very useful in providing updates of stream quality. Cornell and the Town could then use this information as to aid in determining how successful their stormwater management system is functioning. 2. Comment: The flow regime of a stream is the single most important abiotic factor determining the nature of the constituent plant and animal populations. 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. Response: The Stearns and Wheler report (Appendix ) addressed the issue of • alteration of natural runoff and infiltration patterns. The area proposed for redevelopment is a relatively small part of the Cascadilla Creek watershed (3.2 percent), and full build as described in the DGEIS would increase the impervious surfaces of the Precinct, but this would represent less that one percent of the entire 8,457 acre watershed. Runoff from developed areas would continue to be routed through the intermittent wetland/drainage Swale system located immediately north of the East Ithaca recreationway (former railroad bed) before entry into Cascadilla Creek. Additionally, a 75 foot no -build buffer zone will be required to protect the natural areas and their vegetation from potential adverse impacts of development. 3. Comment: The retention/detention pond system should be designed so that it 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 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 as locations along the Creek to develop baseline data on the present annual hydrograph so that the effects of runoff from future retention devices can be closely monitored. 29 Response: The University has proposed a series of wet retention ;ponds to control stormwater runoff. This retention system is being developed to minimize disturbance to Cascadilla Creek. Cornell contracted with Stearns and Wheler (see Appendix J to address water quality issues, including reduced infiltration, which were not sufficiently addressed in the DGEIS. The Stearns and Wheler report states that alternative pond designs including extended detention designs and created wetlands will be evaluated. The final selection for retention pond design will consider the potential for infiltration of stormwater, maintenance of baseflow, and pollutant removal. The ponds will be designed to release wavar at a rate that will maintain existing conditions of stream depth and water velocity during high flow periods. These criteria for stormwater system design will be made part of the Findings, and all future site development plans will therefore be subject to these design standards. Final stormwater retention system design will be subject to the approval of the Town Engineer. 4, Comment: CU should consider all available date in future when planning development projects, not only DGEIS data. Response: The University and the Town will evaluate all available data in the design and review of development proposals for Precinct 7, not ,imited to the imformation presented in the GEIS. is C. Bruce and Doug Brittain 1. Comment: The proposed SLUD 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. Response: The F /GEIS and associated Findings Statement together will provide a framework for addressing future off -site traffic impacts resulting from the proposed Precinct 7 development. These impacts are expected to be identified during the site plan approval process, including environmental review, for individual projects as they are proposed. 2. Comment: 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 by actual ongoing traffic counts, or by measured traffic impacts. 30 0 4 4 • • • Response: Please see Response to (IV)D.2 above. 3. Comment: 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. Response: 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 Caldwell Road/ Route 366 intersection meets Warrant 10 - Peak Hour Delay and Warrant 11- Peak Hour Volume for signalization. 4. Comment: 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. Response: Level of Service (LOS) - The intersections studied were evaluated using accepted methods of analysis. While a number of intersections included in the D /GEIS are more complex than average in terms of configuration, their individual designs do not warrant direct measurement of delay. 5. Comment: The GEIS states that the Level of Service (LOS) was in order to limit the traffic impact on the community. measure of the impact of the community on the flow of the impact of traffic on the community. Maintaini have a larger negative impact on Forest Home, kept high in Forest Home However, LOS is a of traffic, not a measure ng a high LOS is likely to Response: We concur with the above statement. Maintaining a high level of Service (LOS) rating for Forest Home will not automatically limit traffic impact on the community. A higher LOS on Forest Home roads can be achieve through two different methods: improving the street system to increase the volume capacity of the system, and thus reducing congestion and delays for existing and future volumes of traffic, for example, or by reducing traffic volume through diversion of traffic volume to roads outside Forest Home. 31 I� � I The intent of the Town is to pursue the latter option, through mitigation measures identified in the Findings Statement and through the Ithaca - Tompkins County Transportation 0 Council, of which all parties involved in the GEIS are members. 6. Comment: The GEIS does not recommend solutions for all predicted problems. For example, traffic noise levels are acknowledged to be currently unacceptable and predicted to get worse, yet there are no concrete suggestions as to how to mitigate this impact. Response: Mitigation for traffic noise levels has not been proposed because although existing levels are in some cases relatively high, the predicted increases as shown in the D /GEIS (Table 49) are in all but two locations in the range of two (2) decibels (dB), and not considered significant. According to the D /GEIS a three decibel increase is generally considered the minimum perceptible increase in noise levels.(p. II- 183)ln the two locations where predicted increases in noise levels are in excess of two (2) decibels the increase is projected to be four (4) decibels. 7. Comment: 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. Response: 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 Howie Drive: intersection are consistent. The counts at the Judd Falls Road/Forest Home Drive intersection are consistent except for the PM count of the eastbound approach of Judd Falls Road which should be about 300 vehicles higher. 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 gather 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 32 DRAFT analysis indicates that the signalized intersection with maximum development with the 300 . additional vehicles would have a LOS of C rather than B. 0 8. Comment: 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. [122-23 of the Town of Ithaca Comprehensive Plan), Response: The discussion of the Cornell University Transportation Demand Management (TDM) program in the document (pp. H -103 - 11 -106) appears to be reasonably accurate in its assessment of the effects of the program. According to data made available by Tomtran, transit use on routes serving the Cornell University campus is up by approximately 18% since 1991, and University employees participating in the OmniPass program account for approximately 36% of Tomtran's ridership. between 1991 and 1993 the CU Transit routes serving the Northeast and Eastern Heights areas of the Town of Ithaca have also experienced increases in ridership of 137% (from 20,448 in 1991 to 48,390 in 1993) and 7% respectively. Ithaca Transit data for the 4th quarter of 1993 shows that 7.3% of its ridership was comprised of OmniPass program participants. According to City of Ithaca Department of Planning and Development staff, there is no evidence of any change in the patterns of onstreet parking in neighborhoods surrounding Cornell as a result of the University's TDM program. 9. Comment: 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 intersection 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. Response: The figures provided by the Tompkins County Department of Public Works to the University, including the figures for the intersections referenced above, came 33 1W It with a disclaimer by County personnel with regard to their accuracy and reliability.( letter from James T. Kazda, P.E. to Lawrence Fabbroni, P.E. dated April 5, 1993 - inclide in • appendix ?) The two intersections chosen by Cornell for use in project future background traffic growth appear to appropriate choices. Both intersections are located on major arterial routes connecting substantial traffic generating nodes (Collegetown, City of Ithaca and points south and west, Town of Dryden, intersection of NYS Route 366 and NYS Route; 13, etc.) that have also in the past decade experienced average or above average growth in terms of population and commercial, industrial, or residential development. 10. Comment: The GEIS has underestimated Cornell's historic annual growth rate, which has averaged 3% per year. If the university continues to grow at the rate it has been, the maximum expected development of 4,368,000 GSF will be reached in 10 or 11 years, not in the 20 or 30 years that the GEIS predicts. Response: The development program outlined in the D /GEIS does not depend on time or schedule, but on the need and demand for the type of and level of development for which environmental impacts are being analyzed. The actual timing of development is thus not expected to be a significant factor in terms of environmental impacts. The annual growth rate of the University has varied from year to year since its founding, and is expected to continue to vary. However the rate of growth is not expected to significantly alter the impacts anticipated for the proposed program of development. 11. Comment: 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. Response: Please see Response (V)B.1 above. 12. Comment: The GEIS neglected to consider retaining the area as a producing apple 34 • w 40 C] 7lot l 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. Response: The D /GEIS does address the retention of the area as an orchard, both in the D /GEIS and in a number of University planning documents. The retention of the area as orchards has been weighed against campus expansion in other directions, as well as through increasing the density of older areas of the campus. 13. Comment: The GEIS did not explore the concept of relocating future development to Cornell -owned land near the Tompkins County Airport (within the Town 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. Response: The D /GEIS does not explore the concept of relocating future growth to University lands near the Tompkins County Airport. However the utility of exploring that particular alternative is questionable for a number of reasons, including distance from the central campus, the limited amount of land available for development; the large number of wetlands in that area, including the Sapsucker Woods wetland complex; proximity to a number of established residential neighborhoods, and the inappropriateness from a land use planning perspective of such large scale development adjacent to an airport. Development of University facilities in the vicinity of the airport of the type and scale envisioned in the D /GEIS could also result in major offsite traffic impacts as University employees, students, and others travel between the two nodes of activity. 14. Comment: 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 anywhere 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. M 4k d w Response: The issue of whether or not Cornell University desires to expand into Precinct 7 is an internal University matter. It is assumed that the Cornell Board of Trustees, • as the governing body of the University, is aware of the proposed long term plans for development of the Orchards area and has approved the plans, the request to rezone the Precinct 7 lands, and the expenditure of funds used to prepare the GEIS. • 36 0