HomeMy WebLinkAboutNatural Areas Commission Discussions on Ithaca Falls Protection SEp 0 2001 City of Ithaca
� vom Natural Areas Commission
306 Giles Street
Ithaca, New York 14850
September 7, 2001
VIA MAIL& FACSIMILE 212-637-3256
Ildefonso Acosta
Environmental Scientist
Special Projects Branch, I e Floor
US Environmental Protection Agency, Region H
290 Broadway
New York,New York 10007-1866
Re: CLEANUP OF IT IACA FALLS AREA,ITHACA,NEW YORK
Dear Mr. Acosta:
I am writing to you at the request of the City of Ithaca's Natural Areas Commission(NAC),
which I chair. The NAC oversees and makes recommendations concerning various"natural areas"
owned by the City of Ithaca. One of the City's natural areas is the area including and surrounding
Ithaca Falls on Fall Creek.
We have learned that the Ithaca Falls area is seriously contaminated with lead and other
pollutants, apparently as a result of manufacturing activities carried on decades ago by the Ithaca
Gun Company and possibly other industries on this site. We are told that the Environmental
Protection Agency has become involved and will oversee the investigation and remediation of this
site.
The NAC has a strong interest in both the safety and the aesthetic and"natural" character of
the Ithaca Falls area. There has been virtually no information available to the NAC or the public
regarding the full extent and nature of the contamination;or the nature or scope of any proposed
remediation efforts.
The NAC therefore requests that one or more representatives from the EPA meet with the
Commission, in Ithaca, at a mutually acceptable time. (Of course, we would have no objection to
the inclusion of other, appropriate City officials.) Furthermore,the NAC hereby requests the
opportunity to review any proposed remediation plan and to comment on it prior to its approval or
implementation.
--Page 2--
Re: Ithaca Falls
September 7,2001
We look forward to working with the EPA in addressing the serious situation at the Ithaca
Falls site in a way that will protect both the safety of the community and the spectacular
environmental and scenic resource that is Ithaca Falls.
I may be reached at the address above, or by telephone: 607-273-6933(home); 607-273-
2202(work). Thank you for your consideration.
Sincerely yours,
Daniel L.Hoffman
Chairperson
DLH/emc
Enc.
cc: Mayor Alan J. Cohen
Members of Common Council
Joann Cornish, Deputy Director of Planning
Members of the NAC
Sarah Myet_s,- nac-diehl.variance-comments.final.doc Page 1
COMMENTS BY CITY OF ITHACA NATURAL AREAS COMMISSION
September 25, 2003
Re: USE & AREA VARIANCES REQUESTED FOR 121 LAKE STREET,
BY FALL CREEK REDEVELOPMENT, LLC (Appeal #2599)
Appreciation for Applicant's Cooperation:
The Natural Areas Commission (NAC) has been in contact with the applicant, Dr.
Wally Diehl, since March 2002, when the NAC conducted a Community Design
Session for the Ithaca Falls Natural Area. After hearing feedback from the
session, Dr. Diehl modified his plans, removing the buildings he had proposed for
the "island" area that overlooks the Falls. He has repeatedly stated that there
would be public access to the Falls overlook, through the new development. He
has said he will dedicate some parking spaces to this use and will make the path
to the overlook handicapped-accessible. (At our 2002 Community Design
Session, many people expressed their desire for handicapped access to views of
the Falls.) Dr. Diehl has been willing to discuss the possibilities of connecting the
overlook (eg., through trails) with the City properties above and below it. These
discussions have been marked by cooperation and the sharing of ideas.
The NAC also appreciates that this variance request is limited to the parcel
proposed for redevelopment by Dr. Diehl, and does not apply to all of the
industrially zoned land on Gun Hill. In addition, the NAC appreciates the
environmental clean-up of the land that is being undertaken by the EPA and the
environmental clean-up of the building that will be undertaken by the developer
under the oversight of the DEC. We note that Dr. Diehl has been cooperative in
allowing the NAC's recommendations for post-cleanup revegetation to be
implemented on portions of the property he is acquiring.
The Basis for NAC's Concerns:
The NAC views the south rim area of the Fall Creek gorge, between Stewart
Avenue and the Lake Street bridge, as an environmental feature of critical
importance to the Ithaca community and to the spectacularly beautiful natural
character of Ithaca Falls. The City recognized this fact by purchasing most of the
south rim area several years ago, as substitute parkland. For many decades, the
potential unity of the south rim area was disrupted by the occupation of the
central portion of the so-called "island" (a narrow ridge of land between the
creek's gorge wall and the abandoned raceway) by the Ithaca Gun Company, for
industrial purposes (and, as we now know, for the dumping of toxic industrial
waste). This occupation created a physical barrier to movement along the rim,
prevented the public from accessing spectacular views of Ithaca Falls (from
above), and placed buildings at the edge of the gorge which were visible from the
base of Ithaca Falls.
Sara Myers,- nac-diehl.variance-comments.final.doc Page 2
Now, industrial use of the site is finished, the buildings on the island have been
removed as part of the lead clean-up, and this moment presents an opportunity to
re-unify the gorge rim, open it to public access and preserve its naturalistic
character forever.
Public Access to and across the "Island":
The Natural Areas Commission believes that provision of reasonable public
access to and across the privately-owned portion of the "island" (with the Ithaca
Falls overlook), both from Lake Street (ie., through the proposed condominium
project) and from adjacent City-owned parklands (to the east and west), should
be an explicit condition of any variance and site plan approval. To be meaningful,
this access should be legally guaranteed in perpetuity, regardless of the owner of
the site. To our knowledge, the only way to accomplish that is through a
permanent easement, negotiated with and conveyed by the applicant, to the City.
We understand that any such agreement regarding public access must also
address the needs of the future residents of the condominiums, liability and other
issues that affect visitors and residents, and the terms might involve certain
reasonable limitations (such as no access after dark and prohibition of noisy or
otherwise inappropriate activities). However, the widely-held goal of public
access to this important resource should be addressed and achieved as part of
the redevelopment of the factory site.
Limitations on Development of the "Island":
The NAC also recommends, as another condition of any variance and site plan
approval, that no commercial or residential structure be permitted on the "island."
In fact, we believe that any large-scale construction on the island would be
inappropriate (in part because of its likely visibility from the base of the Falls). We
imagine an open space, perhaps with some benches and/or tables and
historical/educational signage, and a low wall or fence for safety purposes, but
not much else. We recommend that this also be accomplished by means of a
negotiated easement (along the lines of the conservation easements which the
Finger Lakes Land Trust negotiates and holds over the lands of cooperating
private owners). Under such an easement, the property owner could still
determine the design and maintenance of the "island" area, but could not erect
commercial, residential or large-scale buildings.
(NOTE: The "island" portion of the site Dr. Diehl intends to acquire is now zoned
P1, and was not part of the original proposal for rezoning the area to 132a. While
development in a P1 zone is limited to that intended for public recreation,
institutional or educational use, and the current variance application does not
appear to request or identify any need for any relief from that limitation, the NAC
has concerns about the ambiguity of some aspects of the P1 designation and
Sarah Myers.,- nac-dieW.variance'-comments.finaLdIoc Page 3'
believes it is advisable to define and place specific limitations on development of
the "island," in connection with the current variance application.)
Sara Myers,- nac-diehl.variance-comments.final.doc Page 4'
Environmental Review:
The Natural Areas Commission would like to see corrections and modifications
made to the Long Environmental Assessment Form (LEAF) submitted with the
application, before the lead agency makes a determination as to environmental
significance (or any other decisions related to the project are made).
Several questions in Part One have questionable answers that need to be
corrected. For example, Question 22d on Page 4 of the LEAF, which states that
the desired zoning for the site is 132a, and Question 10, which does not
acknowledge the proximity of the Ithaca Falls Natural Area or the Recreational
River designation of Fall Creek. We also believe that more complete answers are
needed, with regard to the potential impact questions in Part Two. It is known
what is being proposed, and there must be resources that can give answers to
the question regarding how many car trips this kind of development could
generate in an 8-hour period and how much water this many households would
use. It would also be useful to see some comments and data on how this would
compare to a comparably-sized office project and other alternative uses. This
kind of information could and should be included in Part Three of the LEAF.
Although there are references to Part Three in Part Two, no Part Three was
included in the LEAF for the variance application provided to the Conservation
Advisory Council (which generously supplied a copy to the NAC).
This LEAF needs to be a careful, thorough assessment of the potential impact of
the proposed variances. The lead agency cannot properly evaluate these
potential impacts and make its required determination on significance without
adequate information in the LEAF.
As part of the environmental review, the NAC would like to have a better way to
assess the visual impact of the building, on the Natural Area. We recommend
that this be accomplished with balloons set at the height of the building and by
generating computer images that superimpose the proposed new building onto
existing views from the Natural Area.
Submitted by Dan Hoffman & Sarah Steuteville, for the NAC
11
FILED cc
JUL 28 20 City of Ithaca "L.R4'SOFFICE
Natural Areas Commission
July 14, 2004
Dear Mayor Peterson and members of Common Council and the Planning Board:
I am writing on behalf of the City's Natural Areas Commission (NAC). As you may
know, we have been concerned about the Ithaca Falls area since the City acquired certain
of the property there, several years ago.
When a proposal was made for development of the former Ithaca Gun site, which is
immediately adjacent to the City-owned parkland, we followed it closely and made
recommendations to the Board of Zoning Appeals, particularly with regard to the issues
of public access and the appropriate level of development of the so-called "island"
portion of the site, overlooking the gorge and the Falls.
In May, the NAC unanimously approved a statement on these issues, a copy of which is
being presented to you with this letter. (I apologize for the delay.) At that time, the NAC
was not aware that Wally Diehl was working on a new proposal for development of the
site. We are hopeful that his new proposal will incorporate at least as much public access
as was included in his previous proposal. Nevertheless, we believe that the
recommendations in our statement for permanent, guaranteed public access and for
limitations on the development of the"island" area are still very germane.
Thank you for your consideration. If you have questions about the NAC statement,
please feel free to contact me.
Since r �y,
Linda Buttel, Chairperson
277-5303 (h)
255-1733 (w)
cc: Thys Van Cort
JoAnn Cornish
�c'r� c"Y1 (_c,���lC`l
6coolct
STATEMENT BY CITY OF ITHACA NATURAL AREAS COMMISSION
ON THE NEED FOR PUBLIC ACCESS TO THE ITHACA FALLS NATURAL AREA
Approved unanimously by the NAC (5110104)
WHEREAS,the City of Ithaca acquired the land now referred to as the Ithaca Falls Natural Area in 2000, from
Cornell University, State Street Associates and others,as substitute park land and for the use and enjoyment of
the public; and
WHEREAS, the land so acquired runs along Fall Creek from Lake Street to Stewart Avenue and includes Ithaca
Falls and the south gorge wall,as well as portions of the former raceway and the area between the Fall Creek
gorge and the raceway known as "the Island;"and
WHEREAS,the land so acquired did not include the middle portion of the raceway or the flat,middle portion of
the Island which provides a spectacular overlook of Ithaca Falls,which areas are still owned by State Street
Associates or its successors in interest; and
WHEREAS, the "community design charette"concerning the Ithaca Falls Natural Areas conducted by the
Natural Areas Commission(NAC)in 2002 showed a strong public desire for at-grade public access to the
"overlook"portion of the Island(from that part of Lake Street which runs past the former Ithaca Gun factory)
and for uninterrupted public access from the bottom to the top of the Natural Area(i.e., along the gorge rim
and/or through the raceway); and
WHEREAS, the NAC has previously determined and stated that the unique character of the Ithaca Falls Natural
Area will be best preserved and appreciated by strictly limiting any construction on the Island to small-scale,
low-impact,non-residential and non-commercial items intended to enhance public access and recreation; and
WHEREAS, the former raceway and the infrastructure remains associated with it form an important historical
element of the Natural Area and should be preserved and subject to public access or viewing,to the extent
practicable; and
WHEREAS, such public access can be guaranteed only through public ownership or control(e.g.,by a
permanent easement) of the entire Island and raceway, and of a corridor linking the Island to Lake Street and
providing for pedestrian access and public parking;now therefore it is
RESOLVED,that the Natural Areas Commission recommends that the City of Ithaca take appropriate
legislative or other steps,as soon as possible(and preferably before any further plans for development of
the former Ithaca Gun factory site are presented),to ensure the following:
1. That no residential or commercial development of the Island will be permitted (the NAC
believes that current zoning already prohibits this),and that any structures proposed for or permitted on
the Island or infringing upon the raceway will be very limited in scale,intended to enhance public access
and recreation and designed to be in keeping with the character of the Natural Area.
2. That there will be permanent public access across the portion of the Island now owned by State
Street Associates from trails on the City parkland immediately above and below it(i.e.,from east to west
and vice versa).
3. That there will be a corridor set aside for permanent,at-grade public access to the Island,from
Lake Street and through the parcel which now includes the former Ithaca Gun factory(i.e.,from south to
north, and vice versa),allowing for pedestrian/handicapped access as well as for a reasonable amount of
public parking for visitors to the Natural Area(as was shown in the Wally Diehl proposal which was
subsequently withdrawn).
oey� LIBERTY HYDE BAILEY GARDEN CLUB Imo"RD
of the Ithaca, NY,.area
AM£A`G
P. 0. Box 6523., Ithaca, , New York 14851
27 October 2009
-Ms. Anna Stalter, Acting Chair
Natural Areas Commission
Ithaca City Hall
Ithaca, New York 14850
Dear Ms. Stalter,
The members of the Liberty Hyde Bailey'.Garden Club and I are
pleased to* present the attached proposal for construction of a
metal railing at the, entranco pathway to -the Ithaca Falls Park.
As stated in the proposal, we are prepared to make a $1,500. 00
gift to support the completion of this project.
We trust you will find our proposal a worthy addition to
enable all people to enjoy this local beauty and stand ready to
support you in contacting such other City of Ithaca commissions or
departments as may be necessary to obtain favorable consideration.
I look forward to hearing from you and your colleagues soon.
Sincerely,
J. Kenneth Devine
President
Tel : 315-497-0492
email : rrd4@cornell .edu
Att. a/s
LIBERTY HYDE BAILEY GARDEN CLUB-
of the Ithaca, Warn `
u3 �n
aM •a
P. D. Box 6523., Ithaca, � New :York 14851
27 October 2009
Ms . Anna Stalter, Acting Chair
Natural Areas Commission
Ithaca City Hall
Ithaca, NY 14850
Dear Ms. Stalter:
The Liberty Hyde Bailey Garden Club is pleased to send you
this proposal for the construction of a metal railing at the
entrance pathway to the Ithaca Falls Park. We envision this
project as follows :
Construction of a Metal Railing at
the Entrance to Ithaca Falls Park
1 . Purpose A metal railing would enable all persons to gain
access to the interior of the park.
Currently the pathway is very slippery when wet, endangering
all users. Even in dry weather it is difficult and dangerous
for the elderly, the handicapped, and others, both local and
tourists, to descend the pathway to the interior of the park.
A railing would give users a means to steady their descent and
aid in climbing back up. Aluminum metal benches and painted
metal bridge railings are already there.
2 . Method Dave Farmer a LHBGC member and retired Cornell
engineering technician has prepared a preliminary sketch
(see Attachment) -for the first 34 feet of the pathway. In the
past he has worked with a group of Cornell engineering
students who have worked on volunteer projects in Haiti
and who may be willing to assist the City of Ithaca personnel
on this Park project .
3 . Timeline
October-November 2009 :
a . preparation of final work sketch
b. obtain approvals from applicable Ithaca commissions
and departments
Spring 2010:
Actual construction to begin for completion in time for the
Ithaca Festival .
4 . Cost
Upon approval of this proposal , the LHBGC would be pleased to
provide a gift of $1,500 towards the cost of the proposed
railing.
We anticipate that the City of Ithaca would provide the balance
of the costs incurred for materials and labor.
Note: Would the Visitor and Convention' Bureau make a
contribution from the hotel �,tax revenues or other funds?
Many tourists come to enjoy the Ithaca Falls Park while
here, take photographs back home with them thereby
encouraging others to visit Ithaca and the falls .
5 . Maintenance
The LHBGC members currently maintain a berm at the Ithaca
Farmers Market and have done so since the Market's inception.
Our members would accept responsibility for maintaining the
railing and notifying the appropriate City department of the
need for major repairs .
6 . Other Comments
The Ithaca Falls Park was selected as "the Best Local Landmark"
in the 30 September 2009 issue of The Ithaca Times' "The Best
of Ithaca (see IT, page 3)
The Town of Ithaca Newsletter, October 2009 , reports the
results of a telephone community survey for their Comprehensive
Plan Committee update that "Natural Areas (950 of respondents)
. . .are considered important aspects to the quality of life in
the Town. "
All City of Ithaca taxpayers support the Ithaca Falls Park
through their tax payments and expect it to be readily
accessible to all taxpayers as well as others. We believe the
installation of a metal railing at the Park entrance will make
this responsibility possible.
Attachment:
Preliminary drawing
of railing project
Presented by: J. Kenneth Devine, President
Liberty Hyde Bailey Garden Club
Tel: 315-497-0492
email : rrd4 @cornell . edu
LHBGC Project Members: Dave Farmer (844-9629 )
Olivia White ( 351-6319 )
Helen Swank, chair ( 257-7541 )
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Attachment to Proposal, 27 Oct 09
"Ithaca Falls Park Metal Railing"
From: Liberty Hyde Bailey Garden Club
K.L. Devine, President (315-397-04.92)
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