HomeMy WebLinkAboutPB Minutes 1994-05-17t
r
TOWN OF ITHACA PLANNING BOARD
MAY 17, 1994
<ILCU +
T0VVN Of (THACA
Date & y 9
Cler �'
The Town of Ithaca Planning Board met in regular session on
Tuesday, May 17, 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, Gregory Bell, Daniel Walker (Town
Engineer) , Louise Raimondo (Planner I), John Barney (Town
Attorney).
ALSO PRESENT: Brent Stephans, Robert Mooney, Lew Roscoe, Bruce
Brittain, Nancy Brcak, Stan Seltzer, John
Gutenberger, Shirley Egan.
Chairperson Kenerson declared the meeting duly opened at 7:30
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.
AGENDA ITEM:
APPROVAL OF MINUTES - MAY 3, 1994.
MOTION by Herbert Finch, seconded by James Ainslie.
RESOLVED, that the Minutes of the Town of Ithaca Planning
board of May 3, 1994, be and hereby are approved with the following
corrections.
1. That on Page 3, Paragraph 4, should be changed from:
"Chairperson Grigorov noted that this was a Public
Hearing and asked if anyone from the public wished to
speak." to read as follows: "Chairperson Kenerson noted
that this was a Public Hearing and asked if anyone from
the public wished to speak. ", and
2. That on Page 8, Paragraph 4, the words "for clustering
purposes" were added to the end of said paragraph.
There being no further discussion, the Chair called for a
vote.
I
l
Planning Board
May 17, 1994
Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith,
Bell.
Nay - None.
The MOTION was declared to be carried unanimously.
APPROVAL OF MINUTES - FEBRUARY 1, 1994.
MOTION by Herbert Finch, seconded by James Ainslie:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of February 1, 1994, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith.
Nay - None.
Abstain - Bell.
The MOTION was declared to be carried.
APPROVAL OF MINUTES - MARCH 30, 1993.
MOTION by Virginia Langhans, seconded by Stephen Smith.
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of March 30, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Finch, Cornell, Smith.
Nay - None.
Abstain - Hoffmann, Ainslie, Bell.
The MOTION was declared to be carried.
Chairperson Kenerson stated that there were an additional four
sets of minutes to be approved later in the meeting, and closed
this segment of the meeting.
AGENDA ITEM: CONSIDER ADOPTION OF CORNELL UNIVERSITY GENERIC
ENVIRONMENTAL IMPACT STATEMENT DEVELOPMENT PROGRAM FOR POSSIBLE
FUTURE EXPANSION SOUTHEAST OF CORNELL UNIVERSITY'S MAIN CAMPUS
(PRECINCT 7 REZONING) STATEMENT OF FINDINGS.
FA
r,
Planning Board May 17, 1994
DRAFT
Chairperson Kenerson declared the Public Hearing in the above -
noted matter duly opened at 7:36 p.m.
Planner I Louise Raimondo stated that the Board Members
received two copies of the Statement of Findings, one copy, dated
May 12, 1994, was to show the changes discussed at the Planning
Board Meeting held on May 3, 1994, and the second copy was to show
a few subsequent changes that were made from a meeting with the
Town Attorney, John Barney; the Town Engineer, Daniel Walker; and
herself. Ms. Raimondo stated that the May 17, 1994 draft also
included some very good comments from Board Member Eva Hoffmann.
The
Board decided
to review both drafts of the
Statement of
Findings
that had been
provided by staff simultaneously.
the
Chairperson Kenerson addressed the Board and stated that the
Final Statement of Findings is the end of the process. Chairperson
Kenerson stated that the Board needed to vote on the clean copy,
unless any member felt that there were substantial changes or
additions needed. Mr. Kenerson stated that the Statement of
Findings should reflect the Board's opinion.
The Board then discussed the changes made to each of the
drafts of the Statement of Findings. (Draft Statement of Findings
dated May 12, 1994 is attached hereto as Exhibit #1, Draft
Statement of Findings dated May 17, 1994 is attached hereto as
Exhibit #2.) The Board came to a general consensus that the May
17, 1994 draft of the Statement of Findings was complete and
acceptable after discussion of each of the changes highlighted in
both versions.
Attorney Shirley Egan addressed the Board and asked why the
language on Page 15, Letter N., could not be quoted from the
regulations since they are specific and actually very broad.
Town Attorney John Barney responded and stated that the reason
was that the Special Land Use District (SLUR) is for a broad
rezoning, and language on Page 15 does not lock the Town of Ithaca
into the regulations that apply today that may not necessarily
apply ten years from now. Attorney Barney stated that if the GEIS
was for a specific site, then the regulations could be quoted.
Chairperson Robert Kenerson stated that although this is not
a public hearing, he would allow a brief comment from Mr. Bruce
Brittain who had requested permission to speak to the Board prior
to adoption of the Statement of Findings.
Bruce
Brittain addressed the Board and stated that he
did
not
feel that
the additions made by the Board adequately addressed
the
3
r
Planning Board
problem of vehicular traffic in the Statement of
Brittain gave a brief statement concerning the
traffic impacts caused by development of Precinct 7
then distributed written comments for the Board to
Brittain's comments are attached hereto as Exhibit
May 17, 1994
Findings. Mr.
mitigation of
Mr. Brittain
review. (Mr.
#3•)
Chairperson Kenerson thanked Mr.
Brittain
for his
concerns and
brought the matter back to the Board
for any
further
discussion.
Board
Member Candace
Cornell stated that
she felt that the
North
East
Corridor Study
a motion.
would
address the
big
picture.
There being
no
further
discussion, the Chair asked if anyone
were prepared
to
offer
a motion.
MOTION by Candace Cornell, seconded by Herbert Finch:
WHEREAS,
1. Cornell University has requested that the Town of Ithaca
consider rezoning the area known as Precinct 7 from a
residential (R -30) district to a Special Land Use District,
and
2. The Planning Board of the Town of Ithaca made a positive
declaration of Environmental Significance on May 21, 1991,
directing Cornell University to prepare a Generic
Environmental Impact Statement (GEIS), and
3. That on April 19, 1994, the Planning Board of the Town of
Ithaca, acting as Lead Agency, adopted the Final Generic
Environmental Impact Statement (FGEIS) for Possible Future
Expansion Southeast of Cornell University's Main Campus,
(Precinct 7 Rezoning), having duly considered the potential
adverse environmental impacts and proposed mitigating measures
as required under 6 NYCRR 617 (the SEQR regulations) , and
filed a Notice of Completion and issued the FGEIS on April 28,
1994 to all involved agencies and the public, and
4. The Planning Board has prepared a positive Findings Statement
with the assistance of Town staff and legal counsel,
certifying that the requirements of Section 617 have been met;
THEREFORE, BE IT RESOLVED:
That the Planning Board of the Town of Ithaca, as Lead Agency, on
May 17, 1994, hereby adopts the Statement of Findings for the Final
Generic Environmental Impact Statement for Possible Future
Expansion Southeast of Cornell University's Main Campus, (Precinct
C!
Planning Board
May 17, 1994
7 Rezoning) as presented to the meeting of May 17, 1994 with the
amendments made at the meeting.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith,
Bell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Kenerson declared the matter of Cornell University
Generic Environmental Impact Statement Development Program for
Possible Future Expansion Southeast of Cornell University's Main
Campus (Precinct 7 Rezoning) Adoption of the Statement of Findings
duly closed at 8:35 p.m.
AGENDA ITEM: DISCUSSION OF SLUD FOR CORNELL UNIVERSITY PRECINCT 7.
Chairperson
Kenerson
declared the above -noted matter duly
opened at 8:36 p.m.
Chairperson
Kenerson
stated that there was
a consensus of the
Board that there
would be
a Public Hearing at
the Planning Board
Meeting of June
7, 1994,
at 7:35 p.m, for
consideration of
recommendation of
the Special
Land Use District
(SLUD) to the Town
of Ithaca Town Board.
Town Attorney John Barney stated that there were two drafts of
the Special Land Use District (SLUD) to show the changes made to
the document from the last Planning Board Meeting. (Final, clean
copy of the Special Land Use District is attached hereto as Exhibit
#4.)
The Planning Board reviewed and discussed both versions of the
SLUD. Board Members discussed a sideyard set back of 30 feet, 30-
foot building separation requirement, density and building
coverage. The Board also discussed occupancy and residency issues.
The Planning Board discussed several minor changes and Attorney
Barney stated that the changes would be made and brought back to
the Board for the Public Hearing on June 7, 19940
Board Member Eva Hoffmann asked the Board to look at Page 5,
letter c.
5
7
Planning Board May 17., 1994
DRAFT
The Board discussed a change to Page 5, Letter (c). Attorney
Barney dictated the following changes to said section of the
proposed SLUD: "Total maximum ground coverage by building alone
shall not exceed 25% of the site."
Lewis Roscoe addressed the Board and stated that he felt that
there should be a specific distance from the (boundary or
building).
The Board discussed noxious gases and how to control them for
neighboring properties within the SLUD.
Board Member Gregory Bell stated that there could be a general
reference made in the SLUD to refer to the State and Federal
Regulations.
Board Member Stephen Smith stated
that
if the State
and
Federal Regulations were quoted in the
SLUD,
it could force
the
Town of Ithaca to stay within regulations
that
they may not want
to
stay within for that specific site or land use ten years down
the
road, because by then the regulations
that
apply today may
no
longer
be applicable.
Lewis
Roscoe stated
that
Cornell
did not
want regulations
quoted that
are outside of
the
Town of
Ithaca's
jurisdiction.
Town Attorney John Barney stated that the concerns discussed
would be corrected and brought back to the Planning Board for the
Public Hearing on June 7, 19940
There being no further discussion, Chairperson Kenerson closed
this portion of the meeting at 9:42 p.m.
AGENDA ITEM:
APPROVAL OF MINUTES - APRIL 6, 1993.
MOTION by Candace Cornell, seconded by James Ainslie.
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of April 6, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Finch, Cornell, Smith.
Nay - None.
Abstain - Bell, Hoffmann, Ainslie.
ON
r,
Planning Board
DRAFT
The MOTION was declared to be carried.
May 17, 1994
APPROVAL OF MINUTES - APRIL 27, 1993.
MOTION by Virginia Langhans, seconded by Stephen Smith.
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of April 27, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Finch, Cornell, Smith.
Nay - None.
Abstain - Hoffmann, Bell, Ainslie.
The MOTION was declared to be carried.
APPROVAL OF MINUTES - MAY 4, 1993.
MOTION by Virginia Langhans, seconded by Candace Cornell:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of May 4, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Finch, Smith, Cornell.
Nay - None.
Abstain - Hoffmann, Bell, Ainslie.
The MOTION was declared to be carried.
APPROVAL OF MINUTES - MAY 11, 1993.
MOTION by Stephen Smith, seconded by James Ainslie.
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of May 11, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Finch, Ainslie, Smith, Cornell.
Nay - None.
ri
Planning Board
[1],i:` w
Abstain - Hoffmann, Bell.
The MOTION was declared to be carried.
OTHER BUSINESS.
May 17, 1994
Chairperson Kenerson asked if there was any other business to
come before the Board.
Town Engineer Daniel Walker addressed the Board and stated
that the Town Board had asked Town staff to get direction from the
Planning Board with regard to Water Main Extensions to Troy and
Coddington Road areas. Mr. Walker stated that Assistant Town
Planner George Frantz had prepared a brief summary of the proposal
and the possible effects the extension could cause. Mr. Walker
asked that all Board Members read over the material and come
prepared to the next meeting to make a recommendation to the Town
Board regarding this matter.
The Planning Board discussed the Extension proposal and
determined that the Water Main Extension should be an agenda item
for the Planning Board meeting of June 7, 19940
(Mr. Frantz's memorandum is attached hereto as Exhibit #5.)
AGENDA ITEM. GROUP DISCUSSION OF PLANNING BOARD PHILOSOPHY,
GOALS, AND OBJECTIVES.
The Planning Board Members discussed the role that the
Planning Board plays in the Town of Ithaca, the productivity of the
Planning Board. The Board felt that more knowledge was needed with
regard to wetlands, affordability of housing within the Town of
Ithaca, policies that need to be studied, parks and recreation
within the Town of Ithaca, understanding SEQR and basic Town Laws.
Chairperson Kenerson stated that
knowledgeable enough to feel comfortable
The Board discussed the possibility
Board Meetings per month; two for develol
a working session and discussion purposes
staff members.
the Board needs to be
in making decisions.
of having three Planning
)ment review, and one for
among the Board and Town
Board Member Eva Hoffmann stated that study visits to specific
sites to learn about wetlands would be helpful. Ms. Hoffmann also
stated that it would be helpful to learn to read aerial
photographs.
r
Planning Board
t9 Y; ;W
May 17, 1994
Planner I Louise Raimondo stated that there were four state
designated wetlands in the Town of Ithaca.
ADJOURNMENT
Upon MOTION, Chairperson Kenerson declared the May 17, 1994
meeting of the Town of Ithaca Planning Board duly adjourned at
10:38 p.m.
Drafted 5/23/94.
Respectfully submitted,
StarrRae Hays,
Recording Secretary,
Town of Ithaca Planning Board,
0:
I
164
TOWN CLERK 273 -1721
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 fL
DATE: May 12, 1994
RE: Cornell University Precinct 7 GEIS Findings
Draft SLUD (May 10, 1994 Version)
PLANNING 273 -1747 ZONING 273 -1783
Enclosed is the final draft of the CU Precinct 7 GEIS Findings for your review. The
comments discussed at the Planning Board Meeting on May 3rd have been incorporated into
this final draft, as well as additional legal additions requested by the Town Attorney.
Deletions are shown in strike out type, and additions are shown in boldface type. I plan to
have a copy without the changes shown for distribution at the May 17th meeting for you to
vote on, with the hope that the Board will not require any further changes. The Planning
Board needs to approve the Findings by May 28 to meet the 30 day deadline mandated by
SEQR.
Enclosed also in the May 10 version of the SLUD for your review. A public hearing
of the final version of the SLUD has tentatively been scheduled for the June 7th Planning
Board meeting. Please be prepared to discuss the SLUD in depth at next Tuesday's meeting.
Thank you.
PC: John Whitcomb, Town Supervisor
Carolyn Grigorov, Town Board
Ellen Harrison, Town Board
Cornell University Generic Environmental Impact Statement
Development Program for Possible Future Expansion
Southeast of Cornell University's Main Campus (Precinct 7 Rezoning)
Statement of Findings
Pursuant to Article 8, the New York State Environmental Quality Review Act (SEQR)
of the Environmental Conservation Law and 6NYCRR Part 617, the Town of Ithaca
Planning Board, as Lead Agency, makes the following Findings.
Name of Action: Development program for Possible Future Expansion Southeast of
Cornell University's Main Campus (Proposed Precinct 7
Rezoning)
Description of Action: Cornell University plans to undertake a development
program to expand their campus to include lands located
in their planning area known as Precinct 7. The area is
currently zoned R -30, single family residential. Many of
the uses that Cornell intends for the area are already
permitted by special permit. Cornell University and the
Town undertook this extensive study to better define the
possible impacts of their long term development plans for
the area. A Special Land Use District (SLUR) was deemed
the most appropriate mechanism to achieve the needs of
the University while providing the land use controls and
environmental protection desired by the Town.
Location: The area of the proposed rezoning is bounded by NYS Route 366 to the
north, Game Farm Road (the Ithaca- Dryden Town line) to the east,
Cascadilla Creek to the south, and Judd Falls Road to the west. The
larger study area examined in the DGEIS is bounded by NYS Route 366
to the north, Game Farm Road and the Ithaca - Dryden Town line as it
continues south to Snyder Hill Road, Snyder Hill Road, Pine Tree Road,
the Town of Ithaca East Ithaca recreationway, the boundary of Cornell
owned lands, Mitchell Street, and Judd Falls Road to the west.
Agency Jurisdiction: Lead Agency for the Rezoning from R -30 to a
Special Land use District (SLUD)
Date Final EIS Filed: April 28, 1994
May 12, 1994
* *DRAFT**
Facts and Conclusions in the GEIS Relied Upon to Support the
Decision:
I. Consistency with the Town of Ithaca's Comprehensive Plan: The planned
development of the Cornell University Precinct 7 area for University purposes
is consistent with the Town of Ithaca Comprehensive Plan. The Plan
recommends reviewing and revising the Zoning Ordinance, and consideration
of eliminating SLUDs and creating an institutional zone, This SLUD can may
serve as a prototype for a future institutional zone in anticipation of the
Town's intended Zoning Ordinance revisions. The GEIS contains a great deal
of information on the study area, including areas outside of Precinct 7, which
the Town can use in its evaluation of the Zoning Ordinance.
II. Precinct 7 is a logical and appropriate location for ffh�jffl- camptis development
of the magnitude proposed by Cornell outside the central campus. Precinct 7
is well buffered by additional lands owned by Cornell University, and
development with the mitigating measures proposed is �net e�tpeeted to have
expected to minimize to the extent possible based upon information and
techniques presently available significant adverse impacts on surrounding
neighborhoods.
III. Adoption of the GEIS relates only to the parts pertaining to Precinct 7, and
does not in any way constitute approval or acceptance of any conceptual plans,
statements, or studies for University lands within the GEIS Study Area outside
Precinct 7. All development within the Study Area must comply with the
Town of Ithaca Zoning Ordinance.
IV. T4s The possible adoption of the SLUD and utilization of the related GEIS
does not waive the rights of the Town to require that a Long Environmental
Assessment Form (LEAF) be required for all projects proposed within Precinct
7, and if deemed necessary by the appropriate Town governmental body,
that likewise supplemental environmental impact statements be provided for
any such projects. The GEIS was developed with the understanding that the
Town would always require that an LEAF be completed. for each proposal
(DGEIS, Page vii), as well as additional information as deemed appropriate by
the Plamear-d overseeing Town governmental body.
2
E�
L
May 12, 1994 * *DRAFT **
V. Review of Potential Environmental Impacts and Mitigating Measures
A. Traffic Impacts:
10 Vehicular Traffic
a. Traffic impacts may result as development occurs in Precinct 7,
but it appears that these impacts can be mitigated by the
measures as proposed in Figure 2A of the DGEIS, as amended by
the table shown in Section IV.D.5. (Page 14) of the FGEIS, derived
from Table 13 of the Travers Associates Transportation Impact
Study Report (Appendix 6, Page 26 -27 of the DGEIS). Tzrunie
ser-viee. However, the Town reserves the right to re- examine the
timing and sufficiency of the mitigative measures with respect
to each site specific proposal based upon the then existing
circumstances.
b. Determination of the appropriateness and timing of specific
mitigative measures is expected to be based on a number of
factors, including the information presented in both the GEIS and
the findings of the pending Northeast Corridor Transportation
Study, as planned by the Tompkins County Ithaca - Tompkins
Transportation Council (the Ithaca area Metropolitan Planning
Organization, or MPO) and such additional information as may
be available when a specific proposal is being considered.
2. Pedestrian and Bicycle Traffic
a. Pedestrian and bicycle access between the central campus and
Precinct 7 shall be established as shown in the DGEIS, Figure 24
(Page 11-101).
b. Accommodation of pedestrian and bicycle traffic should be an
integral part of the planned design improvements to Route 366
and Judd Falls Road.
3
May 12, 1994 * *DRAFT **
B. Water Quality - Surface Runoff Controls:
14 A vegetated buffer zone between the area of Precinct 7 to be developed and
the Cascadilla Creek Corridor will be required to aid in filtration of
stormwater runoff and provide additional area for infiltration (see Section E.I.
below).
2. The requirements of Town of Ithaca Local Law No. 3 (1592) and any
amendments thereto regulating the placement or movement of fill shall be
adhered to.
3. Water quality impacts to Cascadilla Creek can be effectively mitigated by a
system of proposed retention structures as outlined in the DGEIS (Section II,
Pages II- 3242) and discussed in the FGEIS (Section V, Pages 18 - 22). The
stormwater control system shall be designed as follows (as listed in Section
VIII, Pages VIII -4-6), subject to review and approval by the Town Engineer:
a. 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 quality by
gravity settling, naturally occurring chemical flocculation and
biological uptake. If site constraints preclude vet retention
ponds, detention ponds should be used.
b. Stormwater wet retention ponds should be constructed to
mitigate impacts from existing runoff, as required.
c. The need for retention ponds for development south of Precinct 7
will be determined case -by -case. Table 8 in the DGEIS should be
used as a general guide to the size and need for basins.
d. Detention ponds should be constructed and sized to provide for
settling of pollutants prior to discharge. Detention ponds should
be generally designed in accordance with New York State DEC's
Stormwater Management Guidelines for New Development, and
New York State DEC's Reducing the Impacts of Stormwater
Runoff from New Developments, and should include velocity
dissipation devised at outfalls to prevent stream scouring or
erosion.
CAI
May 12, 1994
* *DRAFT **
4. An erosion and sediment control plan will be implemented during each
construction project. Plan elements are described in Section II.A.3.b. (Pages II-
17-18) of the DGEIS. Best Management Practices (BMP's) should be adhered to
as specified by the New York State Department of Environmental
Conservation's (DEC) Erosion and Sediment Control Guidelines for New
Development, and the NYS DEC's Reducing the Impacts of Stormwater Runoff
from New Developments. BMP's for construction in Precinct 7 are described
in Section I.F.2.a. (Pages I- 50 -52) and Section II.B.3.b. (Pages II- 41 -42) of the
DGEIS, and should include the following elements:
a. Minimize clearing and grading to only those areas which will be
immediately under construction.
b. Provide or plan for a buffer strip of undisturbed vegetation at or near
the top of embankments.
C, Protect natural undisturbed areas with temporary fencing or signage.
d. Provide filter fences of fabric or hay bale barriers at or near the edges of
the construction site.
e. Establish slopes with temporary vegetation cover and grade to the
lowest slope achievable for the design.
f. Establish temporary vegetation cover each fall.
g. Provide temporary settling basins at the construction site whenever
feasible.
h. Additional Erosion and Sediment Control Measures (DGEIS, Section
II.A.3, Pages II- 16 -18, and Section VIII, Pages VIII -1 -2)
(1.) Temporary fencing will be installed on construction areas to limit
unnecessary disturbance of areas that are not scheduled for
grading or construction.
(2.) Long -term stockpiles of topsoil will be either seeded with an
annual ryegrass or covered with an erosion control fabric. Soil
slippage at the toe of the stockpiled area will be prevented by
installing hay bales or filter fabric barriers at its perimeter.
5
May 12, 1994
* *DRAFT **
(3.) The size of working stockpiled topsoil will be minimized. Hay
bales or filter fabric barriers will be installed at the down-gradient,
side.
(4) Hay bales or filter fabric dikes will be placed on the down -
gradient side of cut slopes and in drainageways.
(5.) Prior to construction a series of silt barrier fences or hay bales
will be installed in the affected drainage channels.
(6.) Disturbed areas will be stabilized and seeded within 15 days of
the conclusion of construction. Should construction proceed
through winter, a fall planting of annual ryegrass will occur to
stabilize soils in anticipation of spring thaws, rain, and runoff.
(7.) Slopes steeper than 3:1 (h:v) should be immediately stabilized
with sod, seed and anchored straw mulch or jute.
5. State and Federal stormwater management plans shall be developed in
accordance with the NYS DEC's SPDES General Permit for Stormwater
Discharges from Construction Activities (Permit No. GP- 93 -06) for any
construction in Precinct 7 which exceeds 5 acres. Such plans will specify
management practices and guidelines which should be utilized during
construction. The Town Engineer shall have review authority for these plans.
6. A Best Management Practices (BMP) Plan should be developed and
implemented for agricultural use of manure. The Town Engineer shall have
review authority for these plans.
79 The Town reserves the right to and may require additional mitigative
measures as each project is proposed and to that end may require additional
informationn to be provided including information that may have already
been provided in the GEIS if the Town believes circumstances have changed
or if the Town believes the existing information is insufficient to determine
the environmental impact of mitigative measures as related to the
development as it then exists or as is proposed.
R
May 12, 1994
Water Quality,- Groundwater
* *DRAFT **
16 Impacts on groundwater resources are expected to be minimal with the
development of Precinct 7 as proposed, assuming that:.
a. The four 1000 - gallon petroleum storage tanks at the Poultry Barns will
be removed and disposed of properly in dhe suii:.ner- e"
b. Stormwater drainage systems will be constructed to aeeeun t compensate
for the effects of removing
subsurface drains are refneved as a result of development. Appropriate
foundation dewatering and waterproofing techniques should be
implemented during the construction as necessary.
C. Former Disposal Area
10 The former refuse disposal site in Precinct 7 should be fenced and not
planned for redevelopment or reuse at this time. A buffer area will be
maintained around the refuse disposal area. The site should be subject
to an environmental investigation, including the installation of
upgradient and downgradient groundwater monitoring wells and
groundwater and surface water sampling to determine whether
environmental pollution of surface and /or groundwater is occurring.
An appropriate mitigation plan should be developed based on the
results of the investigation. This investigation is currently underway.
2. The independent investigation of the former refuse disposal area should
be continued. Appropriate environmental remediation should be
undertaken in consultation with State agencies if warranted by results of
the investigation.
3. No development will occur in the former refuse disposal area and a
green buffer will be maintained. The size of the buffer should be based
on the results of the investigation of the refuse disposal site.
7
May 12, 1994 *'DRAFT**
D. Significant Habitat, Wetlands, and Wildlife
1. Significant Habitat: Two areas of high quality habitat were found to
exist in Precinct 7: the Cascadilla Creek Corridor and McGowan Woods,
as discussed in the DGEIS, Section II, Pages 45 -56, and the FGEIS
(Section IV.C.1., Pages 10 -11). Development will not be permitted
within natural areas, and these areas shall be bufferred by a 75 foot
buffer zone in which no development is permitted, except uses which
are compatible with natural areas as specified in the FGEIS Section
IV.C.1., Pages 10 -11, and Section b(fn) 7(n) of the SLUR. The boundaries
of the natural areas and 75 foot buffer zone are as surveyed and shown
on a site map entitled "Cornell University Precinct 7 (GEIS) Cascadilla
Creek and McGowan Woods Natural Areas Building Setback Lines,"
drawn by Robert H. Chiang, Planning, Design, and Construction,
Cornell University, and revised on March 23, 1994. No rare, threatened,
or endangered species are known to exist within Precinct 7 (DGEIS,
Section II.D.I.a. and b., Pages II- 45 -56, and II- 66 -67).
a. The Cornell Plantations will be asked to review any plans for
construction near the edge of the natural areas and the buffer
zone and make recommendations for changes in plans necessary
to prevent damage to these areas (DGEIS, .Section II.A.3.c., Page
II -18 and Section VIII, Pages VIII -2 -3).
b. A member of the Plantations staff will be present during the
initial stages of any project near the borders of the natural areas
and buffer zone so that crews are properly briefed on the
sensitivities of the natural areas, and so that work methods can
be evaluated and altered if needed (DGEIS, Section II.A.3.c.
DGEIS, Page II -18 and Section VIII, Pages VIII- -2 -3).
c. Developed areas will be landscaped with a variety of native and
ornamental plant species, which will provide some replacement
habitat (DGEIS, Section II.D.1.3., Page II -75). Cornell Plantations
staff will be contacted for approval of plant species to insure that
only non - invasive plant species are chosen.
E:3
I
May 12, 1994
* *DRAFT **
2. Wetlands: Wetland areas were identified in the DGEIS (Section II, Pages
II -67 - II -76 and Appendix 5), as shown in Figure 21 (Page II -68). Site
wetlands meeting the U.S. Army Corps of Engineers definition of
jurisdictional wetlands are located within the boundaries of the natural
areas of the Cascadilla Creek Corridor and McGowan Woods, which
shall be protected as outlined in Section & D.I. above, with two
exceptions. These wetlands are located directly opposite Tower Road
and the north -south oriented "finger" south of the Library Annex.
Disturbance of these two wetlands will be limited to road crossings
meeting the conditions of a Nationwide Permit No. 14. Mitigative
measures for minimizing disturbance of these wetlands are as follows
( DGEIS, Section II, Pages II- 75 -76, and Section VIII, Pages VIII -6 -7):
a. The width of wetland crossings will be limited to the minimum
necessary for the actual crossing.
b. Wetland crossings will be culverted, bridged, or otherwise
designed to prevent the restriction of, and to withstand, expected
high flows, and to prevent the restriction of low flows and
movement of aquatic organisms.
c. Notification will be made to all appropriate agencies, and permits
will be obtained prior to the construction of wetland crossings.
d. Appropriate erosion and siltation controls will be used and
maintained in effective operating condition during construction,
and all exposed soils and fills will be stabilized at the earliest
time possible in the construction sequence.
e. Any wetland fill material will be clean fill, free from toxics, oils,
grease or tar, and construction debris.
f. Fill material will be appropriately stabilized to
prevent its movement into adjacent wetland areas.
g. Appropriate soil and erosion control measures will be used and
maintained in effective operating condition during construction.
h. The fill will be seeded and /or planted at the earliest possible time
after construction is complete.
9
May 12, 1994
* *DRAFT **
i. Prior to construction of any wetland fills notification will be given
to, and if necessary, permits obtained from the appropriate
agencies.
j. The requirements of Local Law No. 3 of 1992 of the Town of
Ithaca requiring a permit for activity involving the deposit or
removal of fill will be adhered to.
k. Such other measures as the Town may require in light of
information then available with respect to existing or any
proposed development.
E. Densi , and Open Space
10 The Cascadilla Creek and McGowan Woods natural areas will remain as
open space, further protected by a 75 foot buffer :zone as described in
D.1. above and in the FGEIS, Section IV.C.1., Pages 10 -111
2. The maximum allowable gross
building space for Precinct 7 is
development; and SLUR, Sectic
presently exists within Precinct
2, Page I -28, therefore, the total
GSF).
square feet (GSF) of additional enclosed
41000,000 GSF (DGEIS,, upper limit of
in 6). Approximately 201,000 GSF
7, (DGEIS, Figure 8, Page I -26 and Table
GSF permitted for Precinct 7 is 4,201,000
39 The standard for Floor Area Ratio (FAR) which will be applied to i-nsuye
control density in the development of
Precinct 7 is 0.9, the FAR of the Arts Quad on the central campus
(DGEIS, Section I, Pages I- 23 -24; SLUD Section 7, Performance
Standards),
4. The maximum allowable coverage of a defined site is 25% for buildings
and 45% for structures, roads pavement, parking lots, and pedestrian
area pavements (DGEIS, Section I, Pages I -25; SLUD, Section 7,
Performance Standards).
5. The SLUD defines a setback of 100 feet from a public road right -of -way
line. In addition, if a building exceeds 30 feet in height above grade, the
set back shall be increased 3 feet for each one foot of height in excess of
30 feet (SLUD, Section 7, Performance Standards).
10
May 12, 1994
* *DRAFr **
F. Pesticide Residues
10 Areas used for experimental agricultural studies have been treated with
pesticides and contain pesticide residues (DGEIS, Section II.A and Vol. 3,
"Assessment of Health Risks Associated with Cornell University Orchard Area
Soils, 1991.1 The effects of pesticides used in Precinct 7 can be mitigated as
follows (from DGEIS, Section II.A.3., Pages II -18 -19 and Section VIII, Page VIII -
3):
a. Cornell employees working with pesticides are trained in the safe
mixing, handling and application of pesticides and no additional specific
mitigation measures are required for ongoing activities. Employees are
advised to observe good hygiene practices to minimize the possibility of
inadvertent ingestion of pesticide residues. Hand washing, eating and
drinking indoors, use of work gloves, and use of respirators when
nuisance dust is generated are recommended.
b. Prior to construction activity, areas should be deep - plowed in
accordance with the procedures outlined in the 1991 Preliminary Health
Risk Assessment cited above. Based on the results of the Assessment,
no soil is required to be removed provided that deep plowing will
reduce the surface residue concentration by dilution and minimize the
potential for human contact with localized concentrations.
C6 Stan Best construction management practices should be used to
minimize dust generation and offset dust migration during construction.
Other dust suppression methods may be used as necessary.
d. During construction, soil erosion and sediment control measures will be
implemented as outlined above.
e. If, in the future, any part of the Orchards portions of Precinct 7 is
considered for residential use or programs involving young children,
additional sampling and risk assessment will be performed.
f. Prior to any redevelopment, the two areas treated with sewage sludge
should be sampled again for cadmium and chromium to establish mean
concentrations. If such concentrations are significantly higher than the
levels for which the 1991 Preliminary Health Assessment health
assess was performed, an additional assessment should be
performed.
11
May 12, 1994
G
* *DRAFT **
g. Such other measures as the Town may require in. light of information
then available with respect to existing or any proposed development.
Visual Character
10 Visual impacts can be mitigated by the following measures, as outlined
in the DGEIS, Section II.J.3., and amended by the Planning Board.
a. Where possible, individual buildings in Precinct 7 should be sited
to take advantage of naturally occurring vegetation blockage to
minimize visibility from the recreation trail and beyond.
b. New construction in Precinct 7 should be designed to blend with
and complement the existing Cornell University skyline rather
than detract from it.
c. No building should be sited within 75 feet of the edge of the
Cascadilla Creek natural area, surveyed and shown on a site map
entitled "Cornell University Precinct 7 (GEIS) Cascadilla Creek
and McGowan Woods Natural Areas Building Setback Lines," as
drawn by Robert H. Chiang, Planning, Design, and Construction,
Cornell University, and revised on March 23, 1994.
d. Landscaping, including screening with evergreens and deciduous
plantings, should be an integral part of new building design in
Precinct 7, consistent with the desire to maintain and preserve
scenic views.
e. As actual site specific projects are considered, where impacts on
views are a concern, further studies of potential site specific
visual impacts shall be conducted, as required by the Planning
Board, to determine whether the proposal has significant adverse
visual impacts, and if so, what measures should be taken to
mitigate such impacts.
12
May 12, 1994
H. Noise Impacts
* *DRAFT **
1. Noise impacts can be effectively mitigated by the Performance
Standards as set forth in the SLUD [SLUD, Section 7(f)],
2, The Town of Ithaca and surrounding communities will consider altering
truck routes to minimize adverse noise impacts to residences located in
close proximity to collector and arterial roads (DGEIS, Section II.J.3.c.,
Page II -189).
3. Buildings sited in proximity to natural areas should be carefully sited
and buffered if they have components likely to produce unusual or
significant levels of noise (DGEIS, Section II.J.3.c., Page II -189).
I. Air Quality
16 Air quality impacts can be mitigated by the following measures as outlined in
the DGEIS, Section II.C.3., Page II-45.
a. During dry construction periods, conventional water spray trucks will
be used to control airborne dust, particularly in the Orchards area.
Water trucks also will be used, as needed, to maintain optimum grading
conditions, insure proper control of compaction and minimize off site
migration of fugitive dust.
b. Open, graded areas will be seeded and revegetated within a specified
period after completion of construction to control fugitive dust.
C, All construction equipment will be inspected at regular intervals and
will be required to have operable emission control equipment in
compliance with applicable laws.
J. Agricultural Resources
Functions now conducted at the research orchards in Precinct 7 are planned to
be relocated over the next 20 years to the University's property c^'scwherre
acquired elsewhere for that purpose.
13
May 12, 1994
K. Archaeological Resources
**DRAFT**
A State 1B archeological field investigation should be performed in all
previously undeveloped areas for which construction is proposed. The
investigation should consist of plowing and disking or excavating shovel tests
at 50 -foot intervals followed by investigation by a qualified archaeologist.
Any artifacts should be identified and additional and additional investigation
conducted, if warranted. Previously disturbed areas do not require testing.
Undisturbed areas include those used for agricultural purposes.
L. Public Utilities
1. Water and Sewer
a. Physical water and sewer mitigation measures are summarized in
Figure 2B of the DGEIS (Page vi).
b. The University should consider the implementation of water
conservation devices.
2. There exists sufficient capacity with New York State Electric and Gas
Company for power needs associated with development of Precinct 7.
Heating and cooling needs may be served by the University's own
plant.
M. Solid Waste
10 It appears that this project will not generate a significant increase in
solid waste above and beyond the existing capacity of the local solid
waste disposal network, assuming that Cornell will continue to pursue
and expand recycling and composting programs with the goal of
recycling all of the potentially recyclable waste stream. Cornell should
continue to identify and pursue opportunities for recycling as they
become available.
14
e
P
May 12, 1994
N. Additional Requirements
* *DRAFT **
The Town reserves the right with respect to any of the foregoing to require
additional information, including supplemental environmental impact
statements, as the Town may determine necessary or appropriate to
adequately review any site specific project, and may further require
additional mitigative measures that the Town, in its discretion based upon
the then existing circumstances, deems necessary or appropriate to
adequately mitigate environmental impacts of any site specific action, or the
cumulative effects of all site specific projects proposed up to that time in or
near Precinct 7,
15
May 12, 1994 * *DRAFT**
Certification of Findings to Approve
Having considered the Draft and Final EIS, and having considered the
preceding written facts and conclusions relied upon to meet the requirements of 6
NYCRR 617.9, this statement of Findings certifies that:
14 The requirements of 6 NYCRR Part 617 have been met.
2. Consistent with the social, economic, and other essential considerations
from among the reasonable alternatives thereto, the action is approved
as one which minimizes or avoids adverse environmental effects to the
maximum extent practicable, including the effects disclosed in the
environmental impact statement, and,
3. Consistent with social, economic, and other essential considerations, to
the maximum extent practicable, adverse environmental effects revealed
in the environmental impact statement process will be minimized or
avoided by incorporating as conditions to the decision those mitigative
measures which were identified as practicable in the GEIS.
Robert Kenerson, Chair,
Town of Ithaca Planning Board
CACUGEIS Windings.d oc
16
Date
i
Cornell University Generic Environmental Impact Statement
Development Program for Possible Future Expansion
Southeast of Cornell University's Main Campus (Precinct 7 Rezoning)
Statement of Findin &s
Pursuant to Article 8, the New York State Environmental Quality Review Act (SEQR)
of the Environmental Conservation Law and 6NYCRR Part 617, the Town of Ithaca
Planning Board, as Lead Agency, makes the following Findings.
Name of Action: Development program for Possible Future Expansion Southeast of
Cornell University's Main Campus (Proposed Precinct 7
Rezoning)
Description of Action: Cornell University plans to undertake a development
program to expand their campus to include lands located
in their planning area known as Precinct 7. The area is
currently zoned R -30, single family residential. Many of
the uses that Cornell intends for the area are already
permitted by special permit. Cornell University and the
Town undertook this extensive study to better define the
possible impacts of their long term development plans for
the area. A Special Land Use District (SLUD) was deemed
the most appropriate mechanism to achieve the needs of
the University while providing the land use controls and
environmental protection desired by the Town.
Location: The area of the proposed rezoning is bounded by NYS Route 366 to the
north, Game Farm Road (the Ithaca- Dryden Town line) to the east,
Cascadilla Creek to the south, and Judd Falls Road to the west. The
larger study area examined in the DGEIS is bounded by NYS Route 366
to the north, Game Farm Road and the Ithaca - Dryden Town line as it
continues south to Snyder Hill Road, Snyder Hill Road, Pine Tree Road,
the Town of Ithaca East Ithaca recreationway, the boundary of Cornell
owned lands, Mitchell Street, and Judd Falls Road to the west.
Agency Jurisdiction: Lead Agency for the Rezoning from R -30 to a
Special Land use District (SLUD)
Date Final EIS Filed: April 28, 1994
Aii 71q
Facts and Conclusions in the GEIS Relied Upon to Support the
Decision:
I. Consistency with the Town of Ithaca's Comprehensive Plan: The planned
development of the Cornell University Precinct 7 area for University purposes
is consistent with the Town of Ithaca Comprehensive Plan. The Plan
recommends reviewing and revising the Zoning Ordinance, and consideration
of eliminating SLUDs and creating an institutional zone. This SLUD may
serve as a prototype for a future institutional zone in anticipation of the
Town's intended Zoning Ordinance revisions. The GEIS contains a great deal
of information on the study area, including areas outside of Precinct 7, which
the Town can use in its evaluation of the Zoning Ordinance.
II. Precinct 7 is a logical and appropriate location for campus development of the
magnitude proposed by Cornell outside the central campus. Precinct 7 is
buffered by additional lands owned by Cornell University, and development
with the mitigating measures proposed is expected to minimize to the extent
possible based upon information and techniques presently available significant
adverse impacts on surrounding neighborhoods.
III. Adoption of the GEIS relates only to the parts pertaining; to Precinct 7, and
does not in any way constitute approval or acceptance of any conceptual plans,
statements, or studies for University lands within the GINS Study Area outside
Precinct 7. All development within the Study Area must comply with the
Town of Ithaca Zoning Ordinance,
IV. The possible adoption of the SLUD and utilization of thE! related GEIS does not
waive the rights of the Town to require that a Long Environmental Assessment
Form (LEAF) be required for all projects proposed withvl Precinct 7, and if
deemed necessary by the appropriate Town governmental body, that likewise
supplemental environmental impact statements be provided for any such
projects. The GEIS was developed with the understanding that the Town
would always require that an LEAF be completed for each proposal (DGEIS,
Page vii), as well as additional information as deemed appropriate by the
overseeing Town governmental body.
z
U
I Y
V. Review of Potential Environmental Impacts and Mitigating Measures
A. Traffic Impacts:
1, Vehicular Traffic
a. Traffic impacts in areas surrounding Precinct 7 including Ellis
Hollow, Forest Home, Snyder Hill, and Varna may result as
development occurs in Precinct 7, but it appears that these
impacts can be mitigated by the measures as proposed in Figure
2A of the DGEIS, as amended by the table shown in Section
IV.D.S. (Page 14) of the FGEIS, derived from Table 13 of the
Travers Associates Transportation Impact Study Report
(Appendix 6, Page 26 -27 of the DGEIS. Additionally, the Town
reserves the right to re- examine the timing and sufficiency of the
mitigative measures with respect to each site specific proposal
based upon the then existing circumstances.
b. Determination of the appropriateness and timing of
implementing specific mitigative measures is expected to be
based on a number of factors, including the information
presented in both the GEIS and the findings of the pending
Northeast Corridor Transportation Study, as planned by the
Tompkins County Ithaca - Tompkins Transportation Council (the
Ithaca area Metropolitan Planning Organization, or MPO) and
such additional information as may be available when a specific
proposal is being considered. All areas with level of service and
environmental capacity problems as identified in the Travers
Associates Transportation Impact Study Report for the Cornell
University DGEIS for Future Expansion Southeast of Cornell
University's Main Campus, Ithaca, New York, as revised in
April, 1992 will be evaluated as part of the Northeast Corridor
study and as each site specific proposal for Precinct 7 is
evaluated.
2. Pedestrian and Bicycle Traffic
a. Pedestrian and bicycle access between the central campus and
Precinct 7 shall be established as shown in the DGEIS, Figure 24
(Page U -101).
b. Accommodation of pedestrian and bicycle traffic should be an
integral part of the planned design improvements to Route 366
and Judd Falls Road.
3
B. Water Quality - Surface Runoff Controls:
10 A vegetated buffer zone between the area of Precinct 7 to be developed and
the Cascadilla Creek Corridor will be required to aid in filtration of
stormwater runoff and provide additional area for infiltration (see Section E.I.
below).
2. The requirements of Town of Ithaca Local Law No. 3 (1992) and any
amendments thereto regulating the placement or movement of fill shall be
adhered to.
3. Water quality impacts to Cascadilla Creek can be effectively mitigated by a
system of proposed retention structures as outlined in the DGEIS (Section H,
Pages H- 32-42) and discussed in the FGEIS (Section V, Pages 18 - 22). The
stormwater control system shall be designed as follows (as listed in Section
VIII, Pages VIII4-6), subject to review and approval by the Town Engineer:
a. 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 quality by
gravity settling, naturally occurring chemical flocculation and
biological uptake. If site constraints preclude vet retention
ponds, detention ponds should be used.
b. Stormwater wet retention ponds should be constructed to
mitigate impacts from existing runoff, as required.
d.c. Detention ponds should be constructed and sized to provide for
settling of pollutants prior to discharge. Detention ponds should
be generally designed in accordance with New York State DEC's
Stormwater Management Guidelines for New Development, and
New York State DEC's Reducing the Impacts of Stormwater
Runoff from New Developments, and should include velocity
dissipation devised at outfalls to prevent stream scouring or
erosion.
0
4. An erosion and sediment control plan will be implemented during each
construction project. Plan elements are described in Section H.A.3.b. (Pages H-
17-18) of the DGEIS. Best Management Practices (BMP's) should be adhered to
as specified by the New York State Department of Environmental
Conservation's (DEC) Erosion and Sediment Control Guidelines for New
Development, and the NYS DEC's Reducin�Impacts of Stormwater Runoff
from New Developments. BMP's for construction in Precinct 7 are described
in Section I.F.2.a. (Pages I- 50 -52) and Section II.B.3.b. (Pages H41-42) of the
DGEIS, and should include the following elements:
a. Minimize clearing and grading to only those areas which will be
immediately under construction.
b. Provide or plan for a buffer strip of undisturbed vegetation at or near
the top of embankments.
c. Protect natural undisturbed areas with temporary fencing or signage.
d. Provide filter fences of fabric or hay bale barriers at or near the edges of
the construction site.
e. Establish slopes with temporary vegetation cover and grade to the
lowest slope achievable for the design.
f. Establish temporary vegetation cover each fall.
g. Provide temporary settling basins at the construction site whenever
feasible.
h. Additional Erosion and Sediment Control Measures (DGEIS, Section
II.A.3, Pages II- 16 -18, and Section VIII, Pages VIII -1 -2)
(1.) Temporary fencing will be installed on construction areas to limit
unnecessary disturbance of areas that are not scheduled for
grading or construction.
(2.) Long -term stockpiles of topsoil will be either seeded with an
annual ryegrass or covered with an erosion control fabric. Soil
slippage at the toe of the stockpiled area will be prevented by
installing hay bales or filter fabric barriers at its perimeter.
R
I
(30) The size of working stockpiled topsoil will be minimized. Hay
bales or filter fabric barriers will be installed at: the down - gradient
side.
(4.) Hay bales or filter fabric dikes will be placed on the down -
gradient side of cut slopes and in drainageways.
(5.) Prior to construction a series of silt barrier fences or hay bales
will be installed in the affected drainage diannels.
(6.) Disturbed areas will be stabilized and seeded within 15 days of
the conclusion of construction. Should construction proceed
through winter, a fall planting of annual ryegrass will occur to
stabilize soils in anticipation of spring thaws, rain, and runoff.
(7.) Slopes steeper than 3:1 (h:v) should be immediately stabilized
with sod, seed and anchored straw mulch or jute.
5. State and Federal stormwater management plans shall be developed in
accordance with the NYS DEC's SPDES General Permit for Stormwater
Discharges from Construction Activities (Permit No. GP, 93 -06) for any
construction in Precinct 7 which exceeds 5 acres. Such plans will specify
management practices and guidelines which should be utilized during
construction. The Town Engineer shall have review authority for these plans.
6. A Best Management Practices (BMP) Plan should be developed and
implemented for agricultural use of manure. The Town Engineer shall have
review authority for these plans this plan.
7. The Town reserves the right to and may require additional mitigative
measures as each project is proposed and to that end may require additional
information to be provided including information that may have already been
provided in the GEIS if the Town believes circumstances have changed or if
the Town believes the existing information is insufficient to determine the
environmental impact or efficacy of mitigative measures as related to the
development as it then exists or as is proposed.
Z
il
Water Quality - Groundwater
1. Impacts on groundwater resources are expected to be minimal with the
development of Precinct 7 as proposed, assuming that:
a. The four 1000 -gallon petroleum storage tanks at the Poultry Barns
will be removed and disposed of properly.
b. Stormwater drainage systems will be constructed to compensate
for the effects of removing subsurface drains as a result of
development. Appropriate foundation dewatering and
waterproofing techniques should be implemented during the
construction as necessary.
C. Former Disposal Area
10 The former refuse disposal site in Precinct 7 should be fenced and not
planned for redevelopment or reuse at this time. A buffer area will be
29
36
maintained around the refuse disposal area. The site should be subject
to an environmental investigation, including the installation of
upgradient and downgradient groundwater monitoring wells and
groundwater and surface water sampling to determine whether
environmental pollution of surface and /or groundwater is occurring.
An appropriate mitigation plan should be developed based on the
results of the investigation. This investigation is currently underway.
The independent investigation of the former refuse disposal area should
be continued. Appropriate environmental remediation should be
undertaken in consultation with State agencies if warranted by results of
the investigation.
No development will occur in the former refuse disposal area
green buffer will be maintained. The size of the buffer should
on the results of the investigation of the refuse disposal site,
7
and a
be based
D.
Significant Habitat, Wetlands, and Wildlife
10 Significant Habitat: Two areas of high quality habitat were found to
exist in Precinct 7: the Cascadilla Creek Corridor and McGowan Woods,
as discussed in the DGEIS, Section II, Pages 45 -56, and the FGEIS
(Section IV.C.L, Pages 10 -11). Development will not be permitted
within natural areas, and these areas shall be bufferred by a 75 foot
buffer zone in which no development is permitted, except uses which
are compatible with natural areas as specified in the FGEIS Section
IV.C.1., Pages 10 -11, and Section 7(n) of the SLUR. The boundaries of
the natural areas and 75 foot buffer zone are as surveyed and shown on
a site map entitled "Cornell University Precinct 7 (GEIS) Cascadilla
Creek and McGowan Woods Natural Areas Building Setback Lines,"
drawn by Robert H. Chiang, Planning, Design, and Construction,
Cornell University, and revised on March 23, 1994. No rare, threatened,
or endangered species are known to exist within Precinct 7 (DGEIS,
Section II.D.l.a. and b., Pages II45 -56, and II -66 -617).
a. The Cornell Plantations will be asked to review any plans for
construction near the edge of the natural areas and the buffer
zone and make recommendations for changes in plans necessary
to prevent damage to these areas (DGEIS, Section II.A.3.c., Page
II -18 and Section VIII, Pages VIII -2 -3).
b. A member of the Plantations staff will be present during the
initial stages of any project near the borders of the natural areas
and buffer zone so that crews are properly briefed on the
sensitivities of the natural areas, and so that work methods can
be evaluated and altered if needed (DGEIS, Section II.A.3.c.
DGEIS, Page II -18 and Section VIII, Pages VIII -2 -3).
C, Developed areas will be landscaped with a. variety of native and
ornamental plant species, which will provide some replacement
habitat (DGEIS, Section II.D.1.3., Page II -75). Cornell Plantations
staff will be contacted for approval of plant species to insure that
only non - invasive plant species are chosen.
V
2. Wetlands: Wetland areas were identified in the DGEIS (Section II, Pages
II -67 - II -76 and Appendix 5), as shown in Figure 21 (Page II -68). Site
wetlands meeting the U.S. Army Corps of Engineers definition of
jurisdictional wetlands are located within the boundaries of the natural
areas of the Cascadilla Creek Corridor and McGowan Woods, which
shall be protected as outlined in Section D.I. above, with two
exceptions. These wetlands are located directly opposite Tower Road
and the north -south oriented "finger" south of the Library Annex.
Disturbance of these two wetlands will be limited to road crossings
meeting the conditions of a Nationwide Permit No. 14. a Mitigative
measures for minimizing disturbance of these wetlands are as follows
( DGEIS, Section II, Pages II- 75 -76, and Section VIII, Pages VIII -6 -7):
a. The width of wetland crossings will be limited to the minimum
necessary for the actual crossing.
b. Wetland crossings will be culverted, bridged, or otherwise
designed to prevent the restriction of, and to withstand, expected
high flows, and to prevent the restriction of low flows and
movement of aquatic organisms.
C4 Notification will be made to all appropriate agencies, and permits
will be obtained prior to the construction of wetland crossings.
d. Appropriate erosion and siltation controls will be used and
maintained in effective operating condition during construction,
and all exposed soils and fills will be stabilized at the earliest
time possible in the construction sequence.
e. Any wetland fill material will be clean fill, free from toxics, oils,
grease or tar, and construction debris.
f. Fill material will be appropriately stabilized to prevent its
movement into adjacent wetland areas.
g. Appropriate soil and erosion control measures will be used and
maintained in effective operating condition during construction.
h. The fill will be seeded and /or planted at the earliest possible time
after construction is complete.
9
i. Prior to construction of any wetland fills notification will be given
to, and if necessary, permits obtained from the appropriate
agencies.
j. The requirements of Local Law No. 3 of 1992 of the Town of
Ithaca requiring a permit for activity involving the deposit or
removal of fill will be adhered to.
k. Such other measures as the Town may require in light of
information then available with respect to existing or any
proposed development.
E. Density and Open Space
10 The Cascadilla Creek and McGowan Woods natural areas will remain as
open space, further protected by a 75 foot buffer :gone as described in
D.1. above and in the FGEIS, Section IV.C.1., Pages 10 -11.
2. The maximum allowable gross square feet (GSF) of additional enclosed
building space (including space below, at, and above grade level) for
Precinct 7 is 4,000,000 GSF (DGEIS, upper limit of development; and
SLUD, Section 6). , esently exists styi i
Prreeinet!7, (DGEIS, Figtff e 8, Page 126 and Table 2, Page 128, ther-efer-e;
the total GSF i9er-wd4ed for- Pr-eeinet 7 is ; 9-
3. The standard for Floor Area Ratio (FAR) which will be applied to
control density in the development of Precinct 7 is 0.9, the FAR of the
Arts Quad on the central campus (DGEIS, Section I, Pages I- 23 -24; SLUD
Section 7, Performance Standards).
4. The maximum allowable coverage of a defined site is 25% for buildings
and 45% for structures, roads pavement, parking lots, and pedestrian
area pavements (DGEIS, Section I, Pages I -25; SLUD, Section 7,
Performance Standards).
5. The SLUD defines a setback of 100 feet from a public road right -of -way
line. In addition, if a building exceeds 30 feet in height above grade, the
set back shall be increased 3 feet for each one foot: of height in excess of
30 feet (SLUD, Section 7, Performance Standards).
a
N
F. Pesticide Residues
10 Areas used for experimental agricultural studies have been treated with
pesticides and contain pesticide residues (DGEIS, Section II.A and Vol.
3, "Assessment of Health Risks Associated with Cornell University
Orchard Area Soils, 1991. ") The effects of pesticides used in Precinct 7
can be mitigated as follows (DGEIS, Section II.A.3.d., Pages II -18 -19 and
Section VIII, Page VIII -3):
a. Cornell employees working with pesticides are trained in the safe
mixing, handling and application of pesticides and no additional
specific mitigation measures are required for ongoing activities.
Employees are advised to observe good hygiene practices to
minimize the possibility of inadvertent ingestion of pesticide
residues. Hand washing, eating and drinking indoors, use of
work gloves, and use of respirators when nuisance dust is
generated are recommended.
b. Prior to construction activity, areas should be deep - plowed in
accordance with the procedures outlined in the 1991 Preliminary
Health Risk Assessment cited above. Based on the results of the
Assessment, no soil is required to be removed provided that deep
plowing will reduce the surface residue concentration by dilution
and minimize the potential for human contact with localized
concentrations.
c. Best construction management practices should be used to
minimize dust generation and offset dust migration during
construction. Other dust suppression methods may be used as
necessary.
d. During construction, soil erosion and sediment control measures
will be implemented as outlined above.
e. If, in the future, any part of the Orchards portions of Precinct 7 is
considered for residential use e- programs i
nvolving young
children, additional sampling and risk assessment will be
performed.
f. Prior to any redevelopment, the two areas treated with sewage sludge
should be sampled again for cadmium and chromium to establish mean
concentrations. If such concentrations are significantly higher than the
levels for which the 1991 Preliminary Health Assessment was
performed, an additional assessment should be performed.
1l1
G.
g. Such other measures as the Town may require in light of information
then available with respect to existing or any proposed development.
Visual Character
1. Visual impacts can be mitigated by the following measures, as outlined
in the DGEIS, Section II.J.3., and amended by the Planning Board.
a. Where possible, individual buildings in Precinct 7 should be sited
to take advantage of naturally occurring vegetation blockage to
minimize visibility from the recreation trail. and beyond.
b. New construction in Precinct 7 should be designed to blend with
and complement the existing Cornell University skyline rather
than detract from it.
C* No building should be sited within 75 feet of the edge of the
Cascadilla Creek natural area, surveyed and shown on a site map
entitled "Cornell University Precinct 7 (GEIS) Cascadilla Creek
and McGowan Woods Natural Areas Building Setback Lines," as
drawn by Robert H. Chiang, Planning, Design, and Construction,
Cornell University, and revised on March '91.3, 1994.
d. Landscaping, including screening with evergreens and deciduous
plantings, should be an integral part of new building design in
Precinct 7, consistent with the desire to maintain and preserve
scenic views.
e. As actual site specific projects are considered, where impacts on
views are a concern, further studies of potential site specific
visual impacts shall be conducted, as required by the Planning
Board, to determine whether the proposal ];gas significant adverse
visual impacts, and if so, what measures should be taken to
mitigate such impacts.
12
1 a
H. Noise Impacts
10 Noise impacts can be effectively mitigated by the Performance
Standards as set forth in the SLUD [SLUR, Section 7(f)].
2. The Town of Ithaca and surrounding communities will consider altering
truck routes to minimize adverse noise impacts to residences located in
close proximity to collector and arterial roads (DGEIS, Section II.J.3.c.,
Page II -189).
3. Buildings sited in proximity to natural areas should be carefully sited
and buffered if they have components likely to produce unusual or
significant levels of noise (DGEIS, Section II.J.3.c., Page II -189).
I. Air Ouali!y
10 Air quality impacts can be mitigated by the following measures as outlined in
the DGEIS, Section II.C.3., Page II-45.
a. During dry construction periods, conventional water spray trucks will
be used to control airborne dust, particularly in the Orchards area.
Water trucks also will be used, as needed, to maintain optimum grading
conditions, insure proper control of compaction and minimize off site
migration of fugitive dust.
b. Open, graded areas will be seeded and revegetated within a specified
period after completion of construction to control fugitive dust.
c. All construction equipment will be inspected at regular intervals and
will be required to have operable emission control equipment in
compliance with applicable laws.
J. Agricultural Resources
Functions now conducted at the research orchards in Precinct 7 are planned to
be relocated over the next 20 years to the University's property acquired
elsewhere for that purpose.
13
K. Archaeological Resources
A State 1B archeological field investigation should be performed in all
previously undeveloped areas for which construction is proposed. The
investigation should consist of plowing and disking or excavating shovel tests
at 50 -foot intervals followed by investigation by a qualified archaeologist. Any
artifacts should be identified and additional and additional :investigation
conducted, if warranted. Previously disturbed areas do not require testing.
Undisturbed areas include those used for agricultural purposes.
L. Public Utilities
10 Water and Sewer
a. Physical water and sewer mitigation measures are summarized in
Figure 2B of the DGEIS (Page vi).
b. The University should consider the implementation of water
conservation devices.
2. There exists sufficient capacity with New York State Electric and Gas
Company for power needs associated with development of Precinct 7.
Heating and cooling needs may be served by the University's own
plant.
M: Solid Waste
10 It appears that this project will not generate a significant increase in
solid waste above and beyond the existing capacity of the local solid
waste disposal network, assuming that Cornell University will continue
to pursue and expand recycling and composting programs with the goal
of recycling all of the potentially recyclable waste stream. The
University should continue to identify and pursue opportunities for
recycling as they become available.
14
il
e
N. Additional Requirements
The Town reserves the right with respect to any of the foregoing to require
additional information, including supplemental environmental impact
statements, as the Town may determine necessary or appropriate to adequately
review any site specific project, and may further require additional mitigative
measures that the Town, in its discretion based upon the then existing
circumstances, deems necessary or appropriate to adequately mitigate
environmental impacts of any site specific action, or the cumulative effects of
all site specific projects proposed up to that time in or near Precinct 71
15
Certification of Findings to Approve
Having considered the Draft and Final EIS, and having considered the
preceding written facts and conclusions relied upon to meet the requirements of 6
NYCRR 617.9, this statement of Findings certifies that:
10 The requirements of 6 NYCRR Part 617 have been met.
2. Consistent with the social, economic, and other essential considerations
from among the reasonable alternatives thereto, the action is approved
as one which minimizes or avoids adverse environmental effects to the
maximum extent practicable, including the effects disclosed in the
environmental impact statement, and,
3. Consistent with social, economic, and other essential considerations, to
the maximum extent practicable, adverse environnlental effects revealed
in the environmental impact statement process will be minimized or
avoided by incorporating as conditions to the decision those mitigative
measures which were identified as practicable in the GEIS.
Robert Kenerson, Chair,
Town of Ithaca Planning Board
126 East Seneca Street, Ithaca, New York
C: \CUGIZS \Findings.doc
16
Date
SPECIAL LAND USE DISTRICT
Local Law No. . 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) FOR THE CORNELL UNIVERSITY
PRECINCT 7
The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February
26, 1968, and subsequently amended, be further amended as follows:
1. Ordinance Amended. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance
be and hereby is amended by adding to the permissible districts itemized in said section a district
designated as "Special Land Use District No. _" , which Special Land Use District is shown
on a map entitled " dated , a copy of
which map was filed with the Town of Ithaca Planning Department (which map is hereinafter
referred to as the "Special Land Use District Map ") and which District consists of all of the lands
bounded as follows:
North of the centerline of Cascadilla Creek;
South of the centerline of Route 366,
East of the intersection of the above; and
West of Town of Dryden Line,
2. Uses Permitted. The uses permitted in this Special Land Use District are set forth
below, all of which uses shall be conducted by an educational institution or an agency or third
party affiliated with an educational institution. The permitted uses are:
(a) Classroom, seminar and studio buildings.
(b) Offices for or associated with educational purposes.
(c) Libraries.
(d) Greenhouses for or associated with educational purposes.
(e) Gardens, natural areas, agricultural plots and fields, and orchards for or associated
with educational purposes.
(f) Laboratories for or associated with educational purposes.
3. Educational Uses Permitted with a Special Approval. In addition the following
uses, as part of, associated with, or in support of educational purposes. conducted by an
I
0
f
specland.11r, wpSl ith IlocaUaw May 10, 1994 4.54pm
educational institution or an agency or-third party affiliated.with art educational institution and
not intended for the general public, are I permitted but only upon receipt of a special approval for
same by the Planning Board in accordance with the procedures described below:
(a) Conference centers.
(b) Restaurants, cafeterias or other food service uses.
(c) The following convenience, service, or business facilities provided the same are in
buildings owned by an educational institution and provide services principally to the
students, staff and employees of the same educational institution and are not provided for
the general public's use and are contained in areas of 2,000 square feet of floor area or
less:
(i) Bookstore;
Travel agency;
Bank;
(iv) Parcel pick -up & delivery;
(v) Printing or copying facilities;
(vi) Barber shop or beauty shop.
(vii) Convenience food markets.
(viii) Drug stores.
(d) Athletic, health, recreational or cultural facilities.
(e) Child day care or elder day care center, medical center.
(f) Maintenance, repair, servicing, utility, supply and storage facilities provided the same
are owned by, and are provided solely to service, an educational institution and are not
provided for the general public's use.
(g) Barns and other animal handling facilities used in the furtherance of the teaching
and/or research functions of an educational institution.
2
i
r
specland.11r, wpSlithllocallawMay 10, 19944:54pnt
(h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures
provided the same are used solely by an educational. institution in furtherance of its
teaching or research programs and are not permitted accessory uses set forth below.
(i) Offices, laboratories, or greenhouses owned by third parties but sponsored by,
affiliated with or cooperating with, an educational institution for mutual benefit.
0) Off street parking lots or garages which are not permitted accessory uses set forth
below.
4. Other Uses Permitted with a Special Approval. In addition, the following public
and quasi- public offices and facilities are permitted but only upon receipt of a special approval
for same from the Planning Board in accordance with the procedures described below:
(a) Post Office;
(b) Fire station;
(c) Local, state or federal governmental offices.
5. Accessory Uses. Permitted accessory uses shall include the following:
(a) Off -street garage or parking spaces for employees, occupants, users. or visitors in
connection with a use permitted above, but subject to the provisions of-Section 45 and
Section 69 of this Ordinance and
(i) Providing parking for no more than twenty cars; or
(ii) Providing parking accessory to a building for which site plan approval has
been obtained and the parking arrangements were shown on the site plan as so
approved.
(b) Parking garages primarily for employees, occupants, users or visitors to a use
specified in paragraph 2 above, and located wholly within or underneath such structure
or use specified in paragraph 2 above, and not occupying more than 25% of the
structure's total floor area nor involving spaces for more than 20 cars.
(c) Outdoor recreational areas including walkways, parks, trails, picnic tables, and other
similar recreational facilities.
f
E
!
specland.11r, wpS1 ith Ilocallaw May 10, 1994 4. S4pm
(d) The following accessory buildings no larger than 2000 square feet of floor area:
(i) Storage sheds;
(ii) Pavilions;
(iii) Gazebos;
(iv) Bus shelters; or
(v) Tanks.
(e) Accessory uses within a use permitted above, such as employee or student cafeteria,
and lunch room but not larger than 2000 square feet in size unless included in the original
plans of a structure
(i) For which site plan or a special approval is being; sought; or
(ii) For which such approvals were previously obtained;
in which event the size may be as approved by the Planning; Board, even if larger than
2000 square feet.
(f) Any municipal, public, or privately owned utility facility necessary to the
development or maintenance of utility services for a use permitted above 2000 square feet
or less in size; if larger than 2000 square feet special approval from the Planning Board
shall be required.
(g) Signs, associated with the above uses but only in accordance with the Town of Ithaca
Sign Ordinance or similar law as then in effect. -
(h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures
provided the same are used solely by an educational institution in furtherance of its
teaching or research programs and are not more than 12 feet in height nor more than 12
feet in diameter.
6. Overall Density Limitation. No more than 4,000,000 square feet of enclosed space .
(including space below, at, and above grade level) shall be permitted within the boundaries of
this Special Land Use District.
C!
h i
9
1 A
specland.11r, wp5lithVocallaw May 10, 1994 4:58pm
7. Performance Standards.
Notwithstanding
the foregoing, any use
permitted in this
Special Land Use District shall be in
conformity with
the following additional
standards:
(a) Density: Total maximum Floor Area Ratio (FAR) of 0.9. FAR is building floor area
above grade divided by the total ground area of the site as hereinafter defined. Ground
area is any given piece of land of any size so long as all buildings on it are counted and
a given piece, or any part of a piece of land is not counted more than once. For example
a building one story above grade, having a ground area defined as the size of its footprint,
has a FAR of 1.0. The same amount of floor space is two stories above grade, that is
covering half of the ground area of the original lot, would also be FAR 1.0. The same
amount of floor space in 8 stories, covering 1 /8th of the original lot, is also FAR 1.0.
However, a building with half the square feet of floor space placed on the same lot would
have a FAR of 0.5 regardless of the number of stories into which the floor area is
divided.
(b) Height: Maximum height of 50 feet measured from the lowest point of grade at the
exterior building wall to the highest point of the roof of the building, but excluding
rooftop appurtenances such as mechanical equipment, exhaust pipes, radio antenna
provided such appurtenances do not themselves exceed an additional 12 feet in height.
Upon special approval of the Planning Board, the height limitation of 50 feet may be
increased to a maximum of 70 feet.
(c) Ground Coverage: Total maximum coverage of ground by structures, road pavement,
parking lots and pedestrian area pavements 45% of site. Total maximum ground coverage
by buildings alone 25% of the site.
(d) Road Setback: From a public road a front setback of at least 100 feet from the road
right -of -way line. In addition, if a building exceeds 30 feet in height above grade, the set
back shall be increased 3 feet for each one foot of height in excess of 30 feet.
(e) Building Setback: All buildings constructed after the effective date of this Local Law
shall be constructed at least 30 feet from any other building in the Special Land Use
District.
(f) Noise: No use shall operate or cause to be operated any source of sound in such a
manner as to create a sound level which exceeds the limits set forth for the land use
category stated below when measured at the boundary of the site nearest the receiving
land use.
I
5
r
specland.11r, wp5hihllocallaw May 10, 1994 4:58pm
Receiving
Land Use Category Time
Residential Use 7 a.m. - 7 p.m.
7 p.m. - 7 a.m.
Natural Areas 7 a.m. - 7 p.m.
7 p.m. - 7 a.m.
All Other 7 a.m. - 7 p.m.
7 p.m. - 7 a.m.
Sound
Level Limit
65 dBa
55 dBa
60 dBa
50 dBa
d
68 dBa
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.
(g) Vibration: No activity shall cause or create a discernable steady state or impact
vibration at or beyond the boundary of the site.
(h) 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.
(i) 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.
0) 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.
(k) 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.
(1) 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.
(m) Vermin: There shall be no storage of material, either indoors or out, in such a
m
t .
r
specland.11r, wpSl ith Ilocallaw May 10, 1994 4:54pm
manner that it facilitates the breeding of vermin or endangers public health or the
environment in any way.
(n) Natural Areas Protection: No structure shall be built within a Natural Area
(Cascadilla Stream Corridor, McGowan Woods) as shown on the Special Land Use
District Map, 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 finds the proposed structure and its proposed location
(i) is related to, can be made an integral part of, and enhances the recreational or
educational use and enjoyment of, the Natural Area (such as a trail, bench, or
observation 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.
8. 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 Sections 46 -a et. seg. of the Zoning Ordinance. 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 -b 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:
(a) Involves
(i) Construction of a new building or structure with a footprint of 2000 square
feet or less; or
(ii) Alteration of an existing structure involving the addition or modification of
less than
(A) 10,000 square feet or
7
r
specland.11r, wp51 ithVocallaw May 10, 1994 4:54pm
(B) 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; or
(iii) Construction or relocation of fewer than 20 parking spaces provided there is
no net reduction in parking spaces; or
►
(iv) 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 in any event
(b) does not alter proposed traffic flows and access; and
(c) does not directly violate any express conditions imposed by the Planning Board in
granting any prior site plan approval.
9. Procedures Related to Site Plans. In considering whether or not to grant site plan
approval, the Planning Board may
(a) Utilize the considerations set forth in Section 46 -d and other provisions of the Zoning
Ordinance, or any successor statute, and, in addition, consider whether the proposed
project and such designated area meet the requirements of this Special Land Use District
such as density, ground coverage, noise, etc. set forth above (e.g. sufficient land area
should be included and designated for this site so that the proposed building(s) on the site
do not exceed 25% of the site); and
(b) Impose upon the applicant such reasonable conditions as it deems necessary to
protect the general welfare of the community, to assure adequate compliance with all
applicable provisions of this Local Law or the Zoning Ordinance, or to minimize or
eliminate any significant adverse environmental effects that may occur as a result of the
approval of the site plan.
10. Completion or Updating of Special Land Use District Map. Without limiting the
foregoing, the Planning Board may require, as a condition of approval of any site plan, that the
Special Land Use District Map be completed and updated to show the approved site plan,
together with all other sites that are related to buildings in the Special Land Use District in
8
specland.11r, wpSlithllocallaw May 10, 1994 4:S4pin
existence on the effective date of this Local Law.
11. Special Approval. In granting Special Approval in any instance specified above, and
in addition to the criteria for site plan approval, the Planning Board shall determine that:
(a) the health, safety, morals and general welfare of the community in harmony with the
general purpose of this ordinance shall be promoted.
(b) The premises are reasonably adapted to the proposed use.
(c) The proposed use and the location and design of any structure shall be consistent
with the character of the district in which it is located.
(d) The proposed use shall not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devaluate neighboring property or seriously
inconvenience neighboring inhabitants.
(e) The proposed access and egress for all structures and uses shall be safely designed.
(f) The general effect of the proposed use upon the community as a whole, including
such items as traffic load upon public .streets and load upon water and sewerage systems
is not detrimental to the health, safety and general welfare of the community.
The Planning Board may impose upon the applicant such reasonable conditions as it
deems necessary to protect the general welfare of the community.
12. Definitions. For the purposes of this Special Land Use District, the following terms
shall have the following meanings and shall be subject to the following procedures:
(a) Site. A "site" shall be initially the area of land designated by the applicant to be
allocated to a proposed project (or, in the case of existing structures, to the existing
project or structure). If the applicant desires
(i) After having previously obtained site plan and/or special approval to
(A) Decrease or reconfigure such site; or
(B) Add one or more structures to such site; or
(ii) To add one or more structures to an area presently in existence for which no
9
V A
l
specland.11r, wpSlithllocallaw May 10, 1994 4:54pm
site plan or special approval has been heretofore obtained,
the applicant may apply for a modification to the previous site plan and/or special
approval and may, at the applicant's discretion, request that the site previously approved
be reconfigured, enlarged, or reduced in size so that the proposed modified site with any
proposed additional structures would be in compliance with the performance standards
and other requirements set forth above or elsewhere in this Ordinance. The criteria
applicable to the review of initial site plan and or special approval applications shall be
equally applicable to the application for a modification of a site plan or site. However,
in reconfiguring, enlarging or reducing the area of a site, no piece of land shall be
designated as part of more than one site (i.e. no piece of land may be counted for
compliance purposes for two sites).
Notwithstanding the foregoing, no site shall exceed 30 acres in ;size, nor shall any site
include any land within a Natural Area.
(b) Owned. Property is "owned" by the person(s) or entity(ies) holding the fee title to
at least a 51% interest in the property, except that if the ;property is leased under a
written, bona fide, recorded lease for a term of more than 35 years, the property shall be
deemed "owned" by the person(s) or entity(ies) holding at least a 51% interest as tenant
in such lease. If a requirement for a permitted use in this Special Land Use District is
ownership by an educational institution, at least 51% of the interest in the property must
be held by such institution to qualify (i.e. the educational ; institution must "own" the
property).
(c) Educational Institution. An "educational institution" is a corporation, foundation, or
other generally recognized entity organized and operated principally for the purpose of
educating persons with essentially three components: (1) a curriculum; (2) a plant
consisting of adequate physical facilities; and (3) a properly qualified and accredited staff
to carry out its educational objectives. The following are included as educational
institutions:
(i) A college or university chartered by the State of New York.
(ii) A college or university or post - graduate institution providing a recognized
course of study and accredited by a recognized accrediting organization.
(iii) A public school operated by a state - recognized Board of Education.
(iv) A private school having received appropriate approval from the Board of
10
¢' Q
specland.11r, wpSl ith Ilocallaw May 10, 1994 4 :54pin
Regents or Department of Education of the State of New York to operate as a
school.
13. Amendment of Zoning Map. The official zoning map of the Town of Ithaca is
hereby amended by adding this Special Land Use District in the area described above.
14. Invalidity of Portion of Local Law. In the event that any portion of this local law
is declared invalid by a court of competent jurisdiction, the validity of the remaining portions
shall not be affected by such declaration of invalidity.
15. Effective Date. This law shall take effect 20 days after its adoption .or the date it
is filed in the Office of the Secretary of State, whichever is later.
MI
r