Loading...
HomeMy WebLinkAboutPB Minutes 1994-04-05TOWN OF ITHACA PLANNING BOARD APRIL 5, 1994 FU :r ITtiACA TOWN • vho 6, The Town of Ithaca Planning Board met in regular session on Tuesday, April 5, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Robert Kenerson, Virginia Langhans, Eva Hoffmann, James Ainslie, Herbert Finch, Candace Cornell, Stephen Smith, Daniel Walker (Town Engineer) , George Frantz (Assistant Town Planner) , Louise Raimondo (Planner I), John Barney (Town Attorney). ALSO PRESENT: Rick Couture, Jonathan Hochberg, Earnest Buchanan, George Blanchard, John & Amy Little, Fred & Betty Brown, Mildred Brammer, Tony Lednor, Charlotte Bosworth, Edward Bosworth, David Wilson, Lewis Roscoe, Dave Auble, John Gutenberger, Attorney Shirley Egan, Supervisor John Whitcomb. Chairperson Kenerson declared the meeting duly opened at 7 :30 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 28, 1994, and March 31, 1994, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca, Town of Ithaca, and Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on April 1, 19940 Chairperson Kenerson read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Kenerson closed this segment of the meeting. AGENDA ITEM: APPROVAL OF MINUTES - 4/20/93 MOTION by Virginia Langhans, seconded by Herbert Finch: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of April 20, 1993, be and hereby are approved as written. vote. There being no further discussion, the Chair called for a Planning Board 2 April 5, 1994 Aye - Kenerson, Langhans, Finch, Smith. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. AGENDA ITEM. APPROVAL OF MINUTES - 11/16/93 MOTION by Herbert Finch, seconded by Virginia Langhans: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of November 16, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Finch, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried. PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 45 -2 -14.2, 42 +/- ACRES IN SIZE, INTO SIX PARCELS RANGING IN SIZE FROM 0.75 + /- ACRES TO 23.44 + /- ACRES, LOCATED BACKLOT OF RIDGECREST, EAST KING, AND TROY ROADS, RESIDENCE DISTRICTS R -15 AND R -30. CITIZENS SAVINGS BANK, OWNER; JOHN E. AND AMY W. LITTLE, APPLICANTS. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 7:35 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. John E. Little addressed the Board stated that the purpose of this meeting was to receive preliminary and final subdivision approval. Mr. Little stated that the only changes made to the plat that the Planning Board had reviewed at the sketch plan phase, were the addition of a water easement that extended from Troy Road to Ridgecrest Road, and a 8.50 acres conservation easement. Mr. Little stated that he and his wife appeared before the Town of Ithaca Town Board on March 7, 1994, and the Town Board asked for the conservation easement. [Map with easements outlined is hereby attached as Exhibit #1] Mr. Little stated that there would be no public access to the property protected by the conservation easement. [Attached hereto as Exhibit #2] Assistant Town Planner George Frantz stated, referring to the property protected by the conservation easement, that it would remain private property owned by Mr. & Mrs. Little, but the Town of Ithaca will hold development rights, except for those that are Planning Board 3 April 5, 1994 reserved to the Little's in the easement. The Board discussed the conservation easement with Mr. Little with regards to what rights Mr. Little would have and what the rights of the Town of Ithaca would be. Board Member Candace Cornell asked Mr. Little if he had any plans for subdividing Parcel A. Mr. Little responded that he had no plans for subdivision at this time. Planner I Louise Raimondo stated that the conservation easement would insure that the property remain open space and preserve the wetland, which is what the Planning Board stated that they wanted at the Meeting of March 15, 19940 Board Member Herbert Finch asked if the Town of Ithaca would have responsibility for the 8.5 acres. Town Engineer Daniel Walker stated that Mr. and Mrs. Little would have responsibility of the land, the Town of Ithaca has the ability to be sure that it remains open space and conserves the wetland. Chairperson Kenerson noted that this was a Public, Hearing and asked if anyone from the public wished to speak. Tony Lednor, Secretary for the Finger Lakes Land Trust addressed the Board and stated that Finger Lakes Land Trust preferred that the Town of Ithaca held the easement rather. Mr. Lednor felt that the conservation easement was a great solution to the open space set aside requirement for all parties involved. David Wilson of 232 Troy Road addressed the Board and stated that he and several of his neighbors had made requests to have water to be made available in the neighborhood by the Town. Mr. Wilson asked if there was a plan to put water through the water easement. Town Engineer Daniel Walker stated that construction of the water main was not part of the subdivision process. Mr. Walker stated that Mr. Little had expressed an interest in assisting the Town of Ithaca in serving his property with water. Mr. Walker stated that the Town Board was aware that the residents of the area have requested water, and will be assessing whether or not the Town of Ithaca could put water down to this easement and utilize this easement. There being no further discussion, the Chair asked if anyone were prepared to offer a motion. Planning Board MOTION by Candace Cornell, WHEREAS: E April 5, 1994 seconded by James Ainslie: 1. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 45 -2 -14.2, 42 +/- acres in size, into six parcels ranging in size from 0.75 +/- acre to 23.44 +/- acres, located backlot of Ridgecrest, East King, and Troy Roads, Residence Districts R- 15 and R -30. Citizens Savings Bank, Owner; John E. and Amy W. Little, Applicants, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 4. The Planning Board, at a Public Hearing held on April 5, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Final Subdivision Map Showing Lands to be Subdivided John E. & Amy W. Little..., Town of Ithaca, Tompkins County, New York," prepared by T. G. Miller, P.C., Engineers and Surveyors and dated March 10, 1994, and other application materials, and 5. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed action, as proposed; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above reference action as proposed and, therefore, neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Finch, Cornell, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Candace Cornell, seconded by Virginia Langhans: Planning Board 5 April 5, 1994 1. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 45 -2 -14.2, 42 +/- acres in size, into six parcels ranging in size from 0.75 +/- acre to 23.44 +/- acres, located backlot of Ridgecrest, East King, and Troy Roads, Residence Districts R- 15 and R -30. Citizens Savings Bank, Owner; John E. and Amy W. Little, Applicants, and 2. The Planning Board, at a Public Hearing held on April 51 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Final Subdivision Map Showing Lands to be Subdivided John E. & Amy W. Little..., Town of Ithaca, Tompkins County, New York," prepared by T. G. Miller, P.C., Engineers and Surveyors and dated March 10, 1994, and other application materials, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on April 5, 1994, made a negative determination of environmental significance. 4. The Planning Board, Town Board, Town of Ithaca Planning Committee, and Town staff have reviewed a number of options with regard to the issue of a dedication of land for public park and recreation purposes, payment of money in lieu of land, a combination of both, or a waiver of the requirement. NOW, THEREFORE, BE IT RESOLVED: 10 That the Town of Ithaca Planning Board hereby waives certain requirements for Final Subdivision Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, 2. That the Planning Board, in recognition of the willingness of the applicants to grant to the Town of Ithaca a conservation easement restricting the use of a +/ -8.5 acre portion of the site to uses which would protect the natural resources and open space characteristics of the 8.5 acres, and further, to contribute $1,000.00 toward a Town park fund, hereby waives the park and recreation dedication requirements of Article IV, Section 22 of the Town of Ithaca Subdivision Regulations. 39 That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 45 -2 -14.2, 42 +/- acres in size, into six parcels ranging in size from 0.75 +/- acre to 23.44 +/- acres, located backlot of Ridgecrest, East King, and Troy Planning Board 6 April 5, 1994 Roads, as shown on the subdivision plat entitled "Final Subdivision Map Showing Lands to be subdivided John E. & Amy W. Little..., Town of Ithaca, Tompkins County, New York," prepared by T. G. Miller, P.C., Engineers and Surveyors and dated March 10, 1994, subject to the following conditions: a. filing in the Tompkins County Clerk's Office of the easement in form acceptable to the Town Attorney for the 10 ft. wide permanent easement for a future public water main, as shown on the approved subdivision plat, such easement to be canceled if construction of the water main has not been completed within one year of the execution of the easement in final form, any extension thereafter to be by mutual agreements bo approval by the Tompkins County Department of Health of all onsite sewage disposal facilities prior to the issuance of a building permit; co submission to and approval by the Town Engineer of a site plan for each lot, showing the proposed location of all structures, proposed building elevations, site grading plan, and appropriate sediment and erosion control measures to be implemented during construction on the lot, prior to the issuance of a building permit for said lot; do that no further subdivision be allowed on Parcels B, C, D, and E, as shown on the proposed plat; e. filing in the Tompkins County Clerk's Office of a conservation easement, in form acceptable to the Town Attorney, for the 8.50 acres of the site proposed for protection under said easement; fe receipt of completed owner's certificate, prior to the Chair signing the plat; go that any disturbance to the wetlands on Parcel E be minimized to the extent practicable, and be conducted in conformance with all relevant Federal regulations, and the Town of Ithaca Wetland Guidelines, h. that Parcel F be conveyed to the owner of the premises denominated as "Buchannon" on the subdivision map within 90 days of the filing of the final map. Mr. Little addressed the Board and stated that the water easement should be a conditional easement with a one year limitation. Board Member Candace Cornell stated that she would like the Planning Board 7 April 5, 1994 Town to have two years to construct the water line. Town Supervisor John Whitcomb spoke from the audience and informed the Planning Board that the conservation easement, $1,000.00 contribution to the Town, and the one year water easement was part of the package that the Town of Ithaca Town Board agreed to with Mr. and Mrs. Little, and the Town Board considered it to be satisfactory. The Board discussed the one year limitation on the water easement, and the possibility of an extension to that time frame if necessary. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Finch, Cornell, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of Preliminary and Final Subdivision Approval for Jack and Amy Little duly closed at 8:19 p.m. AGENDA ITEM. DISCUSSION OF DRAFT CORNELL UNIVERSITY GENERIC ENVIRONMENTAL IMPACT STATEMENT, DRAFT FINDINGS STATEMENT, AND DRAFT SLUD. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 8:22 p.m. Planner I Louise Raimondo addressed the Board and stated that there were comments received from Eva Hoffmann and Ellen Harrison regarding the Cornell University FGEIS. Ms. Raimondo requested that the Board address these concerns and concentrate on completing the FGEIS before considering the draft Findings and SLUD. Ms. Raimondo stated that the Findings are the end of the environmental review factor in the GEIS process. Chairperson Kenerson asked if the Findings come from the Town of Ithaca. Attorney John Barney stated that the Findings come from the Town of Ithaca Planning Board. Chairperson Kenerson asked if there was a time limit for the Findings Statement. Planner I Louise Raimondo stated that according to the SEQR Regulations, after the Final Generic Impact Statement (FGEIS) is issued, the lead agency has a 10 day waiting period, with a Planning Board deadline of 30 days to complete the Findings. April 5, 1994 Chairperson Kenerson stated that the final step would be for the Town of Ithaca Town Board to approve the Special Land Use District (SLUD) as it relates to the FGEIS. Attorney John Barney stated that Chairperson Kenerson was correct. The Planning Board Members discussed the concerns and comments of Ms. Hoffmann and Ms. Harrison. The Board discussed visual concerns within Precinct 7 and the study area. Staff stated that that would amend the Visual Character portion of the GEIS and Findings to address Ms. Hoffmann's concerns on views, as agreed upon by the Board. Some minor typos were also discussed, and Ms. Raimondo stated that they would be corrected. (Eva Hoffmann and Ellen Harrison's comments are hereto attached as Exhibits #3 & #4) Board Member Eva Hoffmann stated on Page II -182, Paragraph 3,in the DGEIS, transient views were referred to as being minor. Ms. Hoffmann stated that transient views were seen by people that were driving down the road, walking, and biking in the study area every day, and she felt that these were very important. Ms. Hoffmann stated that there were 2 official working wells in the study area, and asked that it be officially noted. The Planning Board discussed wells mentioned in the DGEIS document as per Ms. Hoffmann's comments and concerns. Planner I Louise Raimondo asked if the Board considered the FGEIS essentially complete. The Board responded affirmitively. and closed this segment Mr. Raimondo stated that she would make the changes discussed and bring it back to the Board to vote on it at the next meeting. There being no further discussion, the Chair closed this segment of the meeting. AGENDA ITEM: SHORT SEQR PRESENTATION. Planner I Louise Raimondo addressed the Board, and using a SEQR flowchart, explained the steps involved in the SEQR process. (Flowchart attached hereto as Exhibit #5) There being no discussion, the Chair thanked Ms. Raimondo for the presentation and closed this segment of the meeting. ADJOURNMENT Upon Motion, Chairperson Kenerson declared the April 5, 1994 Planning Board 9 April 5, 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 10:00 p.m. 4/8/94 Respectfully submitted, StarrRae Hays, Recording Secretary Town of Ithaca Planning Board - - {` t tCraj Sa.r.`t4 anou7 (a.,) T p ��/ • � -�i u eo'_ O F D q B Y C� �; o • ° ° ~�o;�a 's�.�.— •-- i�-w Itiol.t- ro'TA� lloNyo�� f w tali Lp. z FENCE rwAcA W4� 60 Yt L S= o 145. �� , 1 Vl may\ w 1aT •o pr �� ��I 71.A� *� l� r• \ N• U-1� r. Y 1 � N F ~ ��N i �7t"�"`tt•��tgr 0 •.,. 7. 1 r��IPr� CF\ CO I e F oor �- Sy'� r� •F�\ ri D � L ° l -I ° rq � r ET • *�� ^ \ A OpNz o t v o � • 02• \ i t - e C-y3Y a - � • • R TO�I. Top ,� I- A ��n ' E �� �� � 2 z � `� � I►•�' �i n i3co n I� SD f�o 10 - csF��arp- a�st�H ;s i ri�E1 J 1 J V ^ .n 1 •v! -01.) . —1170 0 /SZo N. �fj F a.c.7YPti1� L 0 u t Y b- � r; Nr�\ iL Idio � � 5 •E `• 1 i poN 12 =ay 12 0 N� N c� i \0 i vc 1 • 2 ' r w o Z A �� NItw�F D p °2 a a-' a <� "> Ey -1QQQ -u N IT1 -{ � A i- ` �wQ A ° o iP Zp r of o z ZOOZ � Y _ � E 4I cn Zy11 �VOp 0 "H oas z C U mD Zd4, m -< ti�•�°`ri za �OAoZf 1 lm R z 50 rr 1, 2p 8 ' [von A Sr-4Z: r oR� �� �O ^Dad 0 rp st € < s N �D�wP 0 u �e Rl�y s � � I € s` P^ I v� I I^ I ' D $ 0 . n . i t A - -11 Io go m 31 _i I 13 >0 C I > moo• ��. F � E � � Z _ � N P N In 40'w 1..:�'roTSL w c -171Y wlf n W. 1! f L�ti L .0 \/S �o f 1jryq�ry{ � Z O� o�i \ I � /�� � • Ri I /svo • ./ •. I _ r �e p /Dlo c o1r1 `0 1 c o: n�p I Q o y i � °° •`� '�S iq i� C� I Z w ° r' �'� ♦ii t `^ in I u J �� � S %< zr � [)i � Y s r r ~1D 0 -.90 Y. D 9-0 c F £ i ra.�77. ` �• G.r•1s w y;;' :w "` �;. � � cow .► /J \ g: \boy +'" 1170 r E 3 L I� uac fit+ � Q { •12t 11 c t �u S Tl. Z�'E «ol cuo ,•u � P p e' - \T OI�� j�p koi`0 i � 1 r126 n� \ )� 4 Vgt a7 {.y7•G 1 .�' ! a 1. I_ c F EgST kING s R Oq D - O % O j0 - " E FF I rjjj—A PLANNIN ;, li ?Pilrlr ( °,Ir!Nrr (?IAA1 (; 0 Z m a n 0 2 '30 0 • • 0 March 17, 1994 Mr. Robert Kenerson, Chair Town of Ithaca Planning Board 126 E. Seneca St. Ithaca, New York 14850 Dear Mr. Kenerson: LJ MAR i s 1994 -- lts�JR� r4 I �A Q u We are writing in regard to our continuing discussions relating to the protection of wetlands and open space on the Little's Farm Subdivision. As you are aware, we have attempted to arrange an 8.5 acre conservation easement, together with a one thousand dollar cash contribution, to the Finger Lakes Land Trust. At their March 15, 1994 meeting of the Board of Directors, the Board voted not to accept this conservation easement. This decision was based primarily on the relatively small size of the parcel in relation to the large tracts of land they are used to dealing with, together with their own lack of available resources. As it is still in the best interest of all parties to protect these wetlands and to preserve open space on South Hill, we request that the Town of Ithaca accept this voluntary conservation easement. In addition, we would be willing to contribute one thousand dollars toward a stewardship fund at the Town, or make a similar contribution to the Finger Lakes Land Trust in recognition of their assistance and advise in this matter. Enclosed please find a proposed conservation easement, patterned after what was being discussed with the Finger Lakes Land Trust. Please review it and get back to me if there are any questions. We look forward to working with the Town to protect this property in perpetuity. E.1 Little Amy ,W` Little r. • • DEED OF CONSERVATION EASEMENT March 17, 1994 This deed of conservation easement is made this day , 1994, John E. and Amy W. Little having an address at 3 Chase Lane, Ithaca, New York 14850 ( "Grantors ") and the Town of Ithaca, a municipality of the State of New York, having an address of 126 E. Seneca St. Ithaca, New York 14850, ( "Grantee "). WITNESSETH Whereas, the grantors are the sole owners in fee simple of certain real property (the "property ") consisting of eight and one -half acres (8.5 acres) in the Town of Ithaca, Tompkins County, State of New York, more particularly described in Schedule A, attached hereto and incorporated herein; and Whereas, the property possesses natural and ecological values (collectively, "conservation values ") of great importance to the grantors, the Town of Ithaca and the people of the State of New York; and Whereas, the specific conservation values of the property are documented in an inventory of relevant features of the property, designated as "Baseline Documentation ", which consists of the following items filed herewith: survey map indicating bounds of the easement, general description of the property, photocopies of the tax map and tax assessor's aerial photo, regional map showing location, Copy Of Prohibited Uses and Rights, photographs, map and key showing where photos are taken. The parties agree that these items provide, collectively, an accurate representation of the property at the time of this grant and that they serve as an objective information baseline for monitoring compliance with the terms of this grant; and Whereas, grantors intend that the conservation values of the property be preserved and maintained and that land use patterns existing at the time of this grant including but not limited to farming and passive recreation, that do not significantly impair or interfere with those values, be allowed to continue; and Whereas, grantors further intend, as the right to preserve and protect perpetuity; and owners of the property, to convey to grantee the conservation values of the property in Whereas, grantee is a municipality organized under the laws of the State of New York and is interested in the preservation, protection and enhancement of this land, and /or open space condition; and Whereas, grantee agrees by accepting grantors stated herein and to preserve values of the property for the benefit come; and the grant to honor the intentions of and protect in perpetuity the conservation of this generation and the generations to Page 1 A. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, condition and restrictions contained herein, and pursuant to the New York State Environmental Conservation Law, Section 49 -0301, grantors hereby voluntarily grant and convey to grantee a conservation easement in perpetuity over the property of the nature and character hereinafter set forth ( "Easement "). 1. Purpose. It is the purpose of this Easement to: a) assure that, except as provided herein, the property will be retained and managed forever in a natural condition, thus protecting significant natural habitat for wildlife and plants; b) prevent any use of the property that will significantly impair or interfere with the conservation values of the property; C) protect the water quality of Six Mile Creek, the public water supply for the City of Ithaca. Grantors intend that this Easement will confine the use of the property to such activities as are consistent with the purpose of this Easement. 2. Rights of Grantee. To accomplish the purpose of this Easement, the following rights are conveyed to grantee by this Easement: a) To preserve and protect the conservation values of the property; b) To enter upon the property at least once a year, at reasonable times, in order to monitor grantors' compliance with, and otherwise enforce the terms of this Easement, provided that such entry, whenever practicable, shall be upon prior reasonable notice to grantors, and grantee shall not unreasonably interfere with grantors' use and quiet enjoyment of the property; and C) To prevent any activity on or use of the property that is inconsistent with the purpose of this Easement, and to required the restoration of such areas or features of the property that may be damaged by any inconsistent activity or use, pursuant to paragraph 5 (Grantee's Remedies). 3. Prohibited Uses. a) Commercial or industrial activity, except as specified under Reserved Rights; b) Except as provided under Reserved Rights: placement, construction or enlargement of roads, parking lots, billboards, buildings, permanent camping accommodations, mobile homes, or other structures, C) Tree cutting except as necessary under any activity permitted under Reserved Rights. Any tree cutting must be in accordance with Prohibited Use (g). d) In areas that are wooded at the time of this Grant or within 50 (fifty)feet of wetlands or streams: grazing of domestic animals, or other non - forest - related agricultural use; e) Dumping or disposal of waste, refuse or debris on the property, except for plant or animal materials generated on the property, and disposed of at least 200 (two hundred) feet from any wetland, stream or other body of water, and in a manner consistent with the purpose of this Easement; f) Any alteration of the topography, including, but not limited to, the excavation or removal of soil, sand, gravel, rock, or sod except as may be required in the course of any activity permitted herein; provided that construction materials, such as rock and dirt, may be taken for use on the property from locations approved by grantee, g) Any use or activity that causes or is likely to cause significant degradation of the land from a natural condition or significant sedimentation or pollution of any surface or subsurface waters; h) Except as provided under Reserved Right 4(f): Any manipulation or Page 2 • I u alteration of any stream or wetland on the property; i) Any use of the property and any activity thereon which is inconsistent with the purpose of this Easement. 4. Reserved Rights. Grantors reserve all rights accruing from their ownership of the property, including the right to engage in or to permit others to engage in all uses of the property that are not expressly prohibited herein and uses that are not in conflict with the purpose of this Easement. Without limiting the generality of the foregoing, grantors reserve the right to: a) Engage in agricultural uses in accordance with ecologically sound and sustainable agricultural practices. Except as prohibited elsewhere in this Easement, "agricultural uses" that shall be permitted are: breeding and raising bees; planting, raising, harvesting and producing agricultural, horticultural, and forestry crops and products; sale of, PROVIDED such uses (other than forestry crops or products) do not take place in any forest or wetland or along any stream; b) Construct, repair, replace or enlarge nonresidential structures directly related to permitted agricultural uses, provided said structures are located in a manner which will minimize the impact on wildlife habitat and waterways; C) Build or enlarge ponds, wetlands, shallow water impoundments, or other improvements to enhance wildlife habitat; d) construct unpaved access roads (not to exceed 12' in width) as may be needed for any agricultural or forestry activity permitted herein; 16 -=j e) Engage in, and permit others to engage in, recreational uses of the property, included, but not limited to, skiing, hiking, and hu, ing that neither required nor produce significant surface alteration of the lan , and that are consistent with the purpose of this Easement; f) Maintain and /or create foot trails; g) Cut Christmas trees and firewood for personal use; cut trees to remove a hazardous or diseased condition. 4.1 IN ADDITION, the grantors may, after providing thirty (30) days written notice to grantee: a) Sell, give, lease or otherwise convey the property or portions of the property, subject to the terms of this Easement; b) Harvest timber in accordance with ecologically sound forestry conservation practices. C) Construct a lean -to or other shelter not to exceed 150 square feet. 5. Grantee's Remedies: If grantee determines that grantors are in violation of the terms of this Easement or that a violation is threatened, grantee shall give written notice to grantors of such violation and demand corrective action sufficient to cure the violation. Where the violation involves injury to the property resulting from any use or activity inconsistent with the purpose of this Easement, grantee shall require restoration of the injured portion of the property. If grantors fail to cure the violation within thirty (30) days after receipt of notice thereof from grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day prior, fail to begin curing such violation within the thirty (30) day prior, or fail to continue diligently to ® cure such violation until finally cured, grantee may bring an action at law or in equity in temporary or permanent injunction, to recover any damages to which it Page 3 r may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including damages for the loss of scenic, esthetic, or environmental values, and to require the restoration of the property to the condition that existed prior to any such injury. Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the property. If grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the property, grantee may pursue its remedies under this paragraph without waiting for the period provided for cure to expire, provided grantee make every reasonable effort to give grantor prior notice. Grantee's remedies described in this paragraph shall be in addition to, and not in limitation of, any other .rights and remedies available to the grantee for enforcement of the Easement. At the request of either grantor or grantee, before any legal action is taken, a mutually agreed upon third party shall be brought in to mediate a dispute. 5.1 Costs of Enforcement. Any reasonable costs incurred by grantee in enforcing the terms of this Easement against grantors, including but not limited to, costs of suit and attorney's fees, and any costs of restoration necessitated by grantor's violation of the terms of this Easement shall be borne by the grantors. If grantors prevail in any action to enforce the terms of this Easement, grantors' costs of suit, including, but not limited to, reasonable attorney's fees, shall be borne by grantee. 5.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the grantee, and any forbearance by grantee to exercise its rights under this Easement in the event of any breach. of any term of this Easement by grantors shall not be deemed or construed to be a waiver by grantee Of such term or any subsequent breach of the same or ainy other term of this Easement or any of grantee's rights under this Easement. No delay or omission by grantee in the exercise of any right or remedy upon any breach by grantors shall impair such right or remedy or be construed as a waiver. 5.3 Acts Beyond Grantors' Control. Nothing contained in this Easement shall be construed to entitle either grantors or grantee to bring any action against the other for any injury to, or change in, the property resulting from causes beyond grantors' control, including but not limited to, fire, flood, storm, and earth movement, of from any prudent action taken by grantors under emergency conditions to prevent, abate, or mitigate significant injury to the property resulting from such causes. 6. Access. No right of access by the general public to any portion of the property is conveyed by this Easement. The property shall remain for the private use and may be posted by the grantors. 7. Costs and Liabilities. Grantors retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the property, including the maintenance of adequate comprehensive general liability insurance coverage. 8. Extinguishment. If circumstances arise in the future that render the purpose of this Easement impossible to accomplish, this Easement can be modified or terminated based upon the mutual agreement of the parties. 0 LJ C7 8.1 Proceeds. This Easement constitutes a real property interest immediately vested in grantee, with a fair market value that is equal to the proportionate value that the Easement bears to the value of the property as a whole at the time of this gift. However, any increase in value that is attributable to improvements made after the date of this grant shall not serve to increase the value of this Easement. The values at the time of this grant shall be those used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the Internal Revenue Code of 1954, as amended. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the property unencumbered by the Easement shall remain constant. 9. Assignment. This Easement is transferable by grantee, but grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable) and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under New York State statute. As a condition of such transfer, grantee shall require that the conservation purposes that this grant is intended to advance continue to be carried out. 10. Subordination. Grantee agrees to subordinate its rights under this Easement to any current or future mortgage holders. 11. Subsequent Transfers. Any subsequent conveyance including, but not limited to, the transfer, lease, or mortgage of the property or a portion of the property, shall be subject to this Easement. Grantor agrees that any deed, lease, or other instrument evidencing of effecting such conveyance shall contain language substantially as follows: "This (conveyance, lease, deed, etc.J is subject to a conservation easement dated which runs with the Town of Ithaca, and recorded in the Tompkins County Clerk's office." Grantors further agree to give written notice to grantee of the transfer of any interest at least thirty days prior to the date of such transfer. The failure of grantors to perform any act required by this paragraph shall not impair the validity of this Easement nor limit its enforceability in any way. 12. Survey. Grantee has the right to conduct a professional boundary survey of the property or any part thereof; however, said survey shall only be at grantor's expense if and to the extent necessary to determine of a prohibited land use is located within the property of in any area thereof where it is prohibited. 13. Certificates of Compliance. Upon request by grantors, grantee shall within thirty days execute and deliver to grantors any document, including an estoppel certificate, that certifies grantors' compliance with any obligation of grantors contained in this Easement, and otherwise evidences the status of this Easement as may be requested by the grantors. 14. Notices. Any notice, demand, consent, either party desires or is required to give to either served personally or sent by first class as shown in this grant or to such other address shall designate by written notice to the other, approval, or communication that the other shall be in writing and mail, postage prepaid, addressed as either party from time to time C 15. Recordation. Grantee shall record this instrument in timely fashion in the official records of Tompkins County, New York, and may re-record it at any time as may be required to preserve its rights in this Easement. 16. General Provisions. a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of New York. b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grantee to effect the purpose of this Easement and the policy and purpose of NYS Environmental Conservation Law 49 -0301. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. c) Severability. If any provision of this Easement is found to be invalid, the remainder of the provisions of this Easement shall not be affected thereby. d) Entire Agreement. This instrument, and the documentation referred to herein, set forth the entire agreement of the parties with respect to the Easement, and supersede all prior discussions, negotiations, understandings, or agreements relating to this Easement. No alteration or variation of this instrument shall be valid or binding unless contained', in an amendment that complies with paragraph 17. e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of grantors' title in any respect. f) Joint Obligation. In the event that more than one individual joins in the execution of this document as grantor, said grantors are subject to this Easement jointly and severally. g) Successors. All covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective representatives, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the property. h) Application of prohibited uses to other property. The grantor hereby relinquishes and terminates the development rights on the property, as provided under "Prohibited Uses," so that such rights are terminated and extinguished and may not be used or transferred to adjacent or any other parcels. (For example, the property shall not be used as an open -space set -aside for a development on an adjacent or other property, thus increasing the density of that development beyond what would otherwise be permitted.) However, this shall not be construed to limit in any way the "Reserved Rights" provided for under paragraphs 4 and 4.1,. i)Termination of Rights and obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or property, except that liability for acts or omissions occurring prior to transfer shall survive transfer, unless grantors, prior to transfer, obtain a certificate of compliance or estoppel in accordance with paragraph 13 herein. j) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original document as against. any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 179 Amendment. If circumstances arise under which an. amendment to or modification of this Easement would be appropriate, grantors and grantee are free to jointly amend this Easement by written document, signed and duly acknowledged, Page 6 r1 �J r. u L as with the case of the original agreement; provided that no amendment shall be allowed that will affect the qualification of this Easement of the status of the grantee under any applicable laws, including ECL Section 49 -0301 or Section 170(h) of the Internal Revenue Code of 1954, as amended, and any amendment shall be consistent with the purpose of this Easement. Any such amendment shall be recorded in the official records of the Office of the Clerk of Tompkins County, New York State. All costs in connection with amendment shall be borne by the grantor unless grantee initiates the amendment or waives this requirement. In witness whereof grantors and grantee have set their hands on the day and year first above written. Grantor Grantor Town of Ithaca, Grantee, by Town Supervisor State of New York, County of Tompkins, ss. On this day of year nineteen hundred and ninety -four, before me came John E. Little, to me known to be the individuals described in, and foregoing instrument, and acknowledged that they executed the Before me, , Notary Public State of New York, County of Tompkins, ss. year nineteen hundred and ninety -four, personally known who, being by me duly Troy Rd., Ithaca, New York and that he in Little and Amy who executed, same. On this day of before me came John sworn, did depose that the W. the in the Whitcomb, to me he resides at 233 is the Supervisor of the who executed the within instrument, and that such execution was Town of Ithaca and that the Town Board of such Town duly execution. Before me, , Notary Public Page 7 Town of Ithaca, on behalf of the authorized such - -• I If-IR LJ '� iV 1V Ill V I IfliL JLI \Y 1'_.V.: ae --v... -- - -- - r 111 MFI L 3 `'& ° '4 A. I New��� fUY1 - - -- _� —< 1 �� X33 - -- - - - - - - - -- - -. - - E i2 &Lc ` C� r�e•Gt UtA:t . S EE! S , 90.o� -Eva Ito G tri t 4P4 .. &V -- g c4�. a.0 fv ck4.t ff / a rw%' 4+4 hA sue, bh G m er t ..4'l�'— 4.4L4 !'1'— C�,4{J'� o �,f saw C2•t � !i�`6� %asS� �t.G�n, i w� vz�ce. w•e a.a-e d' _ &A. 4, �,u n.o.� ( -�_ a vt _v%wt ;- 6 u.,G ' c4 fie Q r- -- XaAff46 E7 1TILf i�� WS AND Vcsu �� 1 AAAotGfi : i Of jte. iole, a {. (~ �k cam' -L f a cQ�.'J, low - - - - -� i.e `wti 4,c,c c crr`47*4. ,E' L01^ coca i J t4 CWT 46 Dta cti')o.4� � `� Ufa df►; C� � G ��,,�: � � �' jg;�" ( t (K., Cj � tee 4-1 p (.6r�.cu� .� � —`+nr' �2� dc..e Ae44 ` x) taw fed ez,d -�.�• �x- ^►a,�^ Gam► l 10 a — _ ._._ ..._._•i1 - " "eG ter— l bn.� oast' -a"ti 2�,e� Ir+�.wj 4 _L-- a�� •� �d'b-e Ott d -e 'fit toe� cut -- - "`. &, _ • `'�' L� t4,. ° � - f'-- `�. -k-' rr' sft4 ht _ - -- - -- lAwe _.. ....... -- _ _ .. - .. -_.... _. 'kPI IF IF N J � cri � dn, u.a CLi' � t °'btit" cot ._. oeu c�.`4 -� ro H40c �l,vic., i06 (s, IS do o-..L t'b 7 w. ,o-t Awy� b7 e-44 a i s =W ��v! r ua... cQ �`4. r c.4` VtJ J 4 t 4 ��►t r k4 T e �r Ae ct' kLo: GR 2.0 O +1 VIA. 6v r � k % f .- �:.� - � - �. C t 1 ` ♦f/ AL d It , 1 d,,� v-► e-G�i awe �.�•� CCLt L Utz t.0 G�w� k I-u � � ►coat -G t� w Ku N( on 'LL& ►^ c( Gt Tt GeU AA, . s-ee it4u,- loo R .. J � cri � dn, u.a CLi' � t °'btit" cot ._. oeu c�.`4 -� ro H40c �l,vic., i06 (s, IS do o-..L t'b 7 w. ,o-t Awy� b7 e-44 a i s =W ��v! r ua... cQ �`4. r c.4` VtJ J 4 t 4 ��►t r k4 T e �r Ae ct' kLo: GR 2.0 O +1 VIA. 6v r � k % f .- �:.� - � - �. C t 1 ` ♦f/ AL d It , 1 d,,� v-► e-G�i awe �.�•� CCLt L Utz t.0 G�w� k I-u � � ►coat -G t� w Ku N( on 'LL& ►^ c( Gt Tt GeU AA, . s-ee it4u,- loo R .. I -- - - i -.l -s7 - vw. V - (/ vwly_-� I W cC4 oWZ A. V'¢. � wis e. �-�L �ev cv, 6e � �4a v !"z A�,w she r n �-�., A. e�-c� - ��i� ....._ a 9n � , o � . - -_ ewe - - -- - - -..._ - - - - -- . olzu Au. 6L Jae Im it G� . oa aC >4c P. M4.j_ C OU4.* m `A. ffU&J4=)CRFoaD HILL Ny000k ki L KJiqAA15 CaXJF(JSl dlj ca t "K06 WA6r cWvr '1=7 9 C I . ✓� l l 0 4 y a.�83wG l - - -' e' As pow ip - k k4.p owl, kd.h 1 /9(4_. Aou -. 01 Cr,& 4zot of Cote r4v ) " U/ v? J� a kf w 0m • w6'AP4 ` c,4 w (ti 'L OWL.s :. , Vik l / V I aLU dew , 04 �« 711" &-A, cot mod �V w &L �. � d�'�.� �'L _ _._cot . i�t..... �/Ll: �� L? C- c4.,s! �'�i.�•9re?+. °. !sue e �?.,. ..... 066 Q,/�J_ T G/L RZ r ANC/ i� TU .. ��L ..... .� Let - 1 J 1 N'; `cam' f �n Q d-e a,.�,d,, �v�.e.� t , �►u mazv jeA Joe twos o _ �y S aL LLa '� 2 (;4 OAAoL Sp 40a +t~,, ta.�c•G rev- d '`' _ ! a� e • 11VV M•'L i? 1v - I II I •' 1 111_ Ain '4v A IF. I LPL- LOA- I • I � 11 Nt� �•QJ a- �_ AAdi 40 I'La C4.1 4 A*F�fth + 4" --- r.4. s., < < . t 6'lrS e S r �4: c vim` eWs _._ _._ .. - -- - ...... �u� Cc,�,. �+I'PrtL�.+`.r e'�-� �aZ ��.cee.�t -� � ��`�c 0�•�.`1'�a'!'�f ""`_ fez i.� �� "- a1.�swr,�.t�•1..�.� ,p��- -�..:" �- - - - - -- - • " - - - -- -- - ......__ . -- _..._..._ _. _ - -- 1 y lQ.( ic - - - °- 70 l �1 ! ( ,.°y am ` �'� Vi &UL / I - FFFFFFFF die, OC MICA sbo 11, Fou IF IF 4wo . ..........I_ - -. - P.�r*.. - &Ft I A-4 IF imil ok i"1 ; Wftiti.�'C(iW lAh / vt JK 1�• �I t �`�'va �� It G� �� r l� - • L Lo `� 114 l N 1 unit d4 "e-jv" I e(/� � _ f4L. see" f rl ws- Cg�rr%y CIOF I` `/N jr Rd aire fe OVA . ,�L t `..'C b'i✓r i jr rkg- kt mR k L Covet &tti 6►r. °! 1 I,tae 6�111r oQoz Oro J70L i- T 4UN6;ERF62D PILL - S HILL AiAjAE ed1Uf )SIO AP)a 7 n f-u �,e4 '�c I y CG<. 'fl ` i.v. _.._.. �!`.��t�+`Q(itlycQlv,_ Q(iLC� ��•¢,(.v{� of{ p+�l!/ 17? d � �r�t,r u/!. u� GLi. ci,,, ¢�. � h r` n. � �t e w-nt Z V,`.�` is•," (,a� � i k L �. G•e k-� �kd-�_ �� "W"4 �l o` dock e 41 A eta arm HL 0;% Hm;s � _a.(S'n Ae +�`• %'`rl.0 - �4, t�.At fie 4.4C ,,v, Ekks..f roa^v Pn&61 *,d Sayd1u 'L (i __ _ w' _.._ - °- `"�?.�,� .. 'tie_ •_? ._ �-�- c�dChawt� d -- _ h _ - -- kk �4 _ ch Pat 4e.L_ (ar fox In H� - - - -- - -- - - - ... ..... I - -- akIYl 7 n f-u �,e4 '�c I y CG<. 'fl ` i.v. _.._.. �!`.��t�+`Q(itlycQlv,_ Q(iLC� ��•¢,(.v{� of{ p+�l!/ 17? d � �r�t,r u/!. u� GLi. ci,,, ¢�. � h r` n. � �t e w-nt Z V,`.�` is•," (,a� � i k L �. G•e k-� �kd-�_ �� "W"4 �l o` dock e 41 A eta arm HL 0;% Hm;s � _a.(S'n Ae +�`• %'`rl.0 - �4, t�.At fie 4.4C ,,v, Ekks..f roa^v Pn&61 *,d Sayd1u 'L (i __ _ w' _.._ - °- `"�?.�,� .. 'tie_ •_? ._ �-�- c�dChawt� d -- _ h _ - -- kk �4 _ ch Pat 4e.L_ (ar fox In H� I It t" $a,., �� 4k wK.ztt l Cc�eQ `►ko-�C R� '�'%Af�,'�`ezi 6�coc4e4 4r - �cwS - lkf� hot 4p i etX¢:c.� ; K Sh cQe.,�1,. PLC. _._ �r .r .. �% L �ommmom T. s 5: �,1, --� - i i 3, 140 H, t4t.c. sate@ QH .. k woo J - _ 6Z4,0� ; T.3 —_o) K PL 4L4 3 do - a f ' --� H, L �L fi a s.., 7 yl`h,r� fo aM c C d k4 Nd d ine . t y - q - - -r - -- 7T' - I=7 54 H p 14% AJ0* n OF lvt tl o F �STv f�� C 'T`d � aw..,.. _ h f3t� e` WYL o-� s coo Ala 4 <ivy I l. c. (AXA \ �`I dcri Me ZI �G e �rkt C� f P� rt -.__.. _ LW LL -�' -- -- i• .._.__......... -- - -- - j V 61_ _ . t I L.V 1 I i 1.: V 'J .1 `. '! 1`�l_' . -_ {I Y Y\ //I _ v f U r. ID1 I it 3 ot IL K 'CSC 6z,, F44 (a Z � �1 ��c t aaz 0-6 Coin` �yo . �• U �ri !'�i,,'1 �Q,�,.r,L �p wse.�1 ad.� �G v .�.a:,.� +1 h� �--------- -,-- -- EZce die ".auA w: cau e4 G.e, crzo 0 d , 1 v 1. C.C11� �.c'i K � (A ►�4�f' u%"e f � ♦ w ✓} �T__ N�1. � d` 0-� 6tH,`,i n,{� to, .. ,,/, G 144 3 t407 _.. V ` k l i�.$ij l� ��D Ll.l -�' •G� 1J31 2 op — � ._... ._..'. 'IQ _( M. lam,, wCC LG a�`L`'a eL rue de cl ._. - -- - •---- �.�`- �`""'�S- ...._�. � Mrs. �e��fra.� CkeS�t.�, �.� 5 �•��- 6�..>�. � � ,�C - III,1\ �J .ice 1VL• •��v ... �y� v-..____ - - - alp Kama Ar AA. -mss C� -ku c t K v iS' ea *fb - _ - - - -- r P "..e�ty�`,_ _ i -�-- --- 101 `, --__ % L-'!°f ice} i rFj'L�t.w.&Wv� O►ti. CO'►.rt"( VWAT4 G/ P, k7 io iL L 4, C tlt �Q 44 mt 2 4 e 44ja,,. . s.� I w , � PLC Z �}u ►est i� L���y . �i, P � - t, b C a.Welp L &4 _ �i.4- e O I P - 4a-. °wk Lam Gvt i..�' 9s' i Y4= 6t due rr�-- � ati "40io0vi . �V I jj)))yJJJjjj ��� • _ �r,. a ? �. _ _ Fey �` - _ 1 1 2.4 _ t k �-e_ k- Q.w�.c► h %�� �R C ct.�v(r 0-�� s�,� - a�w Cam►. 1 n � 4 d-C ai �.r� t � �w� �.aC •�. Gvi �'li t)/%A,60 C.t h c L % n y� -- op TO: Ithaca Town Planning Board COPY: Louise Raimondo John Whitcomb Cali Grigorov FROM: Ellen Harrison DATE: April 4, 1994 RE: Cornell Precinct 7 GEIS As you consider approval of the findings and the final language of the GEIS I want to thank you (and Cornell) for the tremendous amounts time taken in working on this document and issue. The opportunity to comprehensively consider development impacts of this area as a whole is of tremendous benefit. I appreciate also the opportunities provided for public comment. The water quality and water flow questions raised by me and others resulted in further work by Stearns and Wheeler on behalf of Cornell which helped to answer some of those questions. That is a good examples of how the process can work well. Before raising continued content issues, I would raise a process issue. I am unclear about whether changes need to be incorporated into only the Findings, or the GEIS language, plus the Findings, or also into the SLUD. How would conditions in the findings be made part of the development process if they are not in the SLUD? I believe this is related to the question raised by Louise in her memo of 3/28/94: "What would you like to see specified in theis new zoning legislation to insure that all that was set forthe in the DGEIS, FGEIS, and the Findings for Precinct 7 has been incorporated into our Town Zoning Ordinance ?" It would seem to me that to the greatest extent possible the SLUD should include the commitments /decisions /findings. Otherwise I fear that they may not be addressed years in the future when development is taking place. Lengthy documents without the force of law such as the GEIS and Findings would be less likely to be consulted. Continued Major Concerns Several questions and concerns not feel have yet been adequatel reiterate them as you consider final which I raised before and still feel the current (3/28) findings and SLUD *-41 which I raised, however, I do y addressed and I wanted to approval. Here are the issues are not considered adequately in and GEIS. • 1. Views. The GEIS and findings do not seem to recognize what I believe are a couple of very important features. Namely that the "transient views" provided to people driving, walking or biking are extremely valuable. They are seen by many people each day and should not be assumed to be unimportant (as the GEIS implies) because they are brief. I really believe that it is just such transitory views that help to make Ithaca a very special place. As mentioned in my comments, the view across parcel C to the east - south -east is such a view and needs to be recognized. The second aspect of view which I do not believe is recognized in the GEIS or findings is that Precinct 7 is a very important visual transition between rural agriculture and the developed campus. I recognize that this proposal is to turn this Precinct into developed campus with two natural areas. I believe that the value and opportunity to maintain the agricultural transition is also possible and should be recognized. As written the GEIS, findings and SLUD are inadequate in this area. The GEIS draft commment /response (p. 26) says that "There is a commitment by Cornell to develop in a way that preserves or enhances special views." I don't see that in the SLUD, findings or ® GEIS, at least not the views and issues I am particularly concerned about. Frankly, I believe the best way to deal with these issues is to reserve the northeast corner of Parcel C for agricultural uses. This is a very small piece of the Precinct and would accomplish these ends. At the least, the findings and SLUD should recognize these issues. The Findings draft 3/28 menions visual character and suggests that the mitigation measures in Secion II.J.3 of the GEIS are adequate. This section does not make any reference to the issues above and really only deals with views from the recreation way and other views of the new development. I believe that the findings needs modification and that the SLUD also needs to address the issue. I would suggest that language something to the effect that : *Maintenance of the views across parcel C to the ESE to Snyder Hill from Route 366 should be preserved. and *Maintenance of the transition from rural agricultural character to the developed campus should be preserved along the eastern (Route 366 near Game Farm Road) and southeastern (Game Farm Road) end of Precinct 7. The performance standards in the SLUD would seem an appropriate location for such statements. 2. Pedestrian and bicycle transportation is another area which I do not believe is adequately addressed. The GEIS • comments /response draft document (March 94) says "Currently there is no significant bicycle or pedestrian traffic along either of the roads mentioned, nor is any significant increase anticipated as a result of future development in the Precinct 7 area." (p. 25). I don't know on what data such a statement is based nor is the meaning of "significant" clear, but anyone who travels that route often will confirm that pedestrians, bicyclists and runners use 366 quite a bit despite the fact that it is very unsafe with cars travelling at high speeds and no shoulders on the road. How can the new development with a peak of over 2700 additional cars per hour and 7000+ employees not have an impact? Similarly the movement between East Hill Plaza and campus needs mention. It is not enough to say that someone else (the MPO) will deal with this increasingly critical issue or that it will be dealt with as Route 366 improvements are planned. Since the whole GEIS process was an attempt and opportunity to look at a bigger picture and in fact includes the "study area" as well in concept, it is a very appropriate to deal comprehensively with the very significant and increasingly important issue of pedestrian and bicycle movement. I believe there needs to be a commitment in ® the GEIS, Findings and SLUD to address pedestrian and bicycle access to East Hill Plaza and E -W along 366 in the very early stages of development. As it stands, the findings and SLUD do not even mention the issue but only refer to Traffic Impacts in the findings and no reference at all in the SLUD. 3. Other issues: The Findings draft 3/28/94: eIn facts and conclusions on page 2 IV. might mention the potential that a full EIS might be required under certain conditions. *Typos on p. 6 paragraph 3 water tables in should be if. I believe that buffered on second to last line shouldn't have two "r's ". oI would concur with Eva Hoffman's comment that item D.l.c. should mention that vegetation should not block views. •The section on p. 11 about Agricultural Resources seems irrelevant. What is planned for out of the area under study is really conjecture and not the subject. oThe rationale that the impacts on runoff due to the development in Precinct 7 are not significant because it represents only 3/2% of the watershed continues to be used in the GEIS comments /response draft (March 94 p.23 and 24). This is not justified since the owners of the other 96.8% of the land in the watershed also have the right to develop. In fact, the lack of professional planning assistance in Dryden where most of this land is leads me to believe that sometime in the future we may see development of this land with much less attention to runoff impacts. *The solid waste section (p.12) says there will not be a significant increase. The addition of 4 M GSF and 4000+ new employees and possibly a convention center will surely cause a significant increase in solid waste by anyone's measure. Thanks for considering these issues yet again. I know we are all eager to have a GEIS, findings and recommended SLUD language that adequately address concerns so that the Town Board can move positively on the SLUD bringing these several years of effort to a fruitful conclusion. • • ' •w Z O h "Io O �}- W LLJ cn N IW [O p U S U N O 3 N W O C Z O W W U W Y Z Z W U ¢ a Y� d J Q a W W¢ L fl ° Z O h "Io O ~ U J LL Z Z Q O I Z m = Z W O �C:) W c >-X J < = W W W W O 0 J< CD W W N W J< C a Q LL C W_ ° ¢ Oq _ II o � ¢ U U U O W Q Z W W O ¢ 2 LL W J Q W O cr Z U' W C.0 Q O C W V Q O J Q m h a O V W I W ¢ II = O cr, W¢¢ r < m p Q¢ II Q U ° CD LL E Q d Z W J O O Z W •� W Z q U p m N O ¢om> zzN¢E� U W a¢ U= Oa A ¢ S J V O Q U p U _ � p v U Z O } miso�_ CD O W O Z N d O LL 7to fl ° Z O h "Io O ~ U J LL Z Z Q O I Z m = Z W O �C:) W c >-X J < = W W W W O V J< CD W W N W J< C a Q LL W W W_ ° ¢ Oq _ = � ¢ U U U O W Q Z W¢ O Z ¢ 2 LL W J Q W O cr Z U' W C.0 Q O C W V Q O J Q m a O V W I W cr, W¢¢ U p Q¢ O Q U ° 0- LL Q d II Z IE II � II Jd }Z II c O W o II aoz WCD fl Q ® II co II II II II II O Q O ¢ Z O W O U O 2 > Q 3 W¢ LL W < Z Z W Q W J C.1' ~¢ W Z Z Q¢ O N < CC w a w G U O N U Z U Q • u ° Z O h "Io O ~ U J LL Z Z Q p I ° = Z W O �C:) W c >-X J < = W W Q W J imp A J< CD W W N J< C a Q LL W W W_ ° ¢ LL _ = � ¢ U U U O W O Z W O Z ¢ 2 LL W J Q W O W Z U' W W C> O C V Q N J Q a V I u oIO ° Z O h "Io O ~ U O Z Z Q p I N O Z W O �C:) W c >-X J < = L Q W J imp A J< CD W W d J< C Z Q LL W W — ° ¢ LL = � LL Q Q O 2 O N V W a I oIO W W cl 2 O h "Io O ~ U _ z o p I N O Z W O J W c >-X FZ U ° a imp Q W a° d dc a = ° 0 W V � W W cl 2 O h W ¢ O ~ U w W Q p N N W W cl 2 _W =cc = W W LL 6 Fn 7 w W a 17 W h = W Z 6 p W O d W O J W c >-X � U ° a imp Q W a° Fn 7 w W a 17 C O d < 40 �1 s r •� F OR W I W h = W < W a n � W c O• � W ° a W imp Z a° d dc i = ° 0 W V � C O d < 40 �1 s r •� F OR W I