HomeMy WebLinkAboutPB Packet 2022-05-17 TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca,New York 14850
Tuesday,May 17, 2022
Due to COVID-19 and the NYS Legislation allowing virtual meetings (Chapter 56 of the Laws of 2022 signed by
Governor Hochul on 4/9/22),the meeting will be held via the Zoom audio/visual application with no in-person
attendance permitted. Members of the public may listen to (call in on cell or landline: (929) 436-2866 and enter the
Meeting ID: 836 4376 4382) or view(by computer go to httns://us06web.zoom.us/i/83643764382)the Board meeting
through Zoom.
If the public would like to attend the meeting for viewing purposes only,it is recommended to watch the livestream
video on YouTube (httys://www.youtube.com/channel/UCC9vvcXkJ6klVlibihCv7No /Iive .
AGENDA
7:00 P.M. SEQR Determination: 2-Lot Subdivision, 509 Coddington Road.
7:00 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 509 Coddington Road, Town of Ithaca Tax Parcel No. 51.-1-1, Low Density
Residential Zone and Conservation Zone. The proposal involves subdividing a 96+/- acre property into two
lots consisting of. Parcel A, a 17+/-acre lot(509 Coddington Road)that contains an existing residence, and
Parcel B, a 78+/-acre vacant lot. This is an Unlisted Action under the State Environmental Quality Review
Act and is subject to environmental review. Raymond Terepka and Nancy Stewart, Owners/Applicants.
7:15 P.M. SEQR Determination: 2-Lot Subdivision, 521 Sheffield Road.
7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 521 Sheffield Road, Town of Ithaca Tax Parcel No. 24.-5-1,Agricultural Zone. The
proposal involves subdividing off an 86+/-acre vacant lot for sale to a local farmer. The balance of the land
and buildings will remain with GENEX Cooperative Minnesota. This is an Unlisted Action under the State
Environmental Quality Review Act and is subject to environmental review. GENEX Cooperative Minnesota,
Owner/Applicant; Joe Allen,Allen&Manes,Agent.
5. Persons to be heard.
6. Approval of Minutes: (none available)
7. Other Business.
8. Adjournment.
Susan Ritter
Director of Planning
607-273-1747
NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY
CHRIS BALESTRA AT 607-273-1747 or CBALESTRA(a),TOWN.ITHACA.NY.US.
(A quorum of four(4)members is necessary to conduct Planning Board business.)
Accessing Meeting Materials Online
Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under
"Planning Board"on the"Meeting Agendas"page(http://www.town.ithaca.nv.us/meeting-agendas).
����7� m°��Ithaca
2|5NTioxza St, Ithaca,NY |4850
Ph: 6O7-273-|747 m
Susan Ritter,Director ufPlanning
PLANNING DEPARTMENT MEMORANDUM
TO: Planning Board Members
FROM: Christine Ba|estra, Planner
DATE: May 1O, 2O22
RE: GENEX-Holmes Subdivision- Preliminary and Final Subdivision Approval
Please find materials related to the consideration of Preliminary and Final Subdivision Approval for
the proposed 2-|ot subdivision located at521 Sheffield Road, Town of Ithaca Tax Parcel No. 24.-5-1,
Agricultural Zone. The proposal involves subdividing off an 86 +/- acre vacant lot for sale to a local
farmer. The balance of the land and buildings will remain with GENEX Cooperative Minnesota.
The Planning Board granted preliminary and final subdivision approval on March 1, 2022, for a 5-lot
subdivision that involved the residential and agricultural structures along the Sheffield Road frontage
of the 127+/- acre property (see attached aerial location rnap\. At the time of the approval, the
applicant explained that the GENEX company was pulling all of their artificial insemination operations
out of Ithaca area and was trying to sell off their assets. The applicant (Kyle Steele) planned to
purchase the portion of the property with the structures close to Sheffield Road and the board
approved his proposal tosubdivide it into individual lots for rural residential/small farm uses.
The staff memo for that project included the following statements:
"Although not noted in the application materials, Planning staff spoke with the real estate agent who listed the
2J7'ocre property and learned that the remaining acreage has been sold too local hoyƒonner who/s
specifically purchasing the property tn keep the land/nfarming. This/s the best possible outcome for olarge
property/n the tomvr's Agricultural Zone, os the goal of the Agricultural Zone btn preserve existing farms and
keep the most fertile soils/n the town viable for ogncu/ture...
...Fortunotely, the remaining acreage has been purchased by a localfarmer with the intent to keep the land in
farming, which is a much more preferred outcome than losing prime agricultural soils to additional rural
residential development."
These statements remain largely true. However, the circumstances relative to the sale of the
remaining property have changed. At the time of the GEPAEX-Steele project, P|mmmimg staff did not
have specific detailed information about the sale of the remaining property, other than itwas
being sold to a local farmer. The town learned through the current application that the local
farmer iapurchasing 86+/- acres, which does not include the existing GEP8EX office building, large
bm|| pen building, parking lot, picnic pavilion, etc. (approximately 33+/-acrea). The farmer is
purchasing all of the land around these structures to continue the farm operation.
In terms of5E[lR review, the enclosed environmental assessment re-examines the property as a
whole, combining the evaluation of the previously approved Steele project with the current Holmes
project, so all potential environmental impacts can be evaluated together (the language related to
the Steele project was already approved by the board). The environmental assessment does not
include an evaluation of the potential impacts of the remaining 33+/- acres, as it is unknown at this
time what will happen with the remaining GENEX property. The property, for the time being, will be
retained by GENEX. However, it is for sale. If it is sold to someone who will retain the agricultural use
or any other use specifically permitted as of right in the Town Code, then it will not require Planning
Board approval. If it is sold for another type of land use that requires Planning Board approval, then
the potential environmental impacts associated with the future use will be evaluated at that time.
Along with the application materials and environmental assessment are draft resolutions for the
Board to consider. Please call me at (607) 273-1747 or email me at cbalestra@town.ithaca.ny.us if
you have any questions prior to the meeting.
Att.
Cc: Joseph Allen,Allen&Maines
2
To: joe@ithaca.legal
Good morning Susan,
My name is David Irish and I am the Realtor involved in the sale between Genex and Holmes and I am going to do my
best to explain the reason for the irregularly shaped boundaries lines.
In a single sentence it is because of drainage considerations. Let me elaborate, the buyer,Holmes,is a farmer and
plans to continue farming the property. Being a former farmer who has installed miles of subsurface tile,I understand
why these boundaries are drawn as they are on the survey map.
Let me"walk you through"the boundary lines,starting with Hayts Road(North)side,the first line runs North/South
along the east edge of a proposed subdivision that Kyle Steele Is buying,heading south till it intersects the Genex Farm
driveway,turning easterly the line follows the driveway to a point that coincides with the access to the eastern
most barn on the Genex property. The line then curves Easterly and Southerly along a water diversion ditch the curves
along the field's edge ending in the woods. The diversion ditch"dumps"excess rain water into the woods. The
proposed boundary line then turns almost 90 degrees East,just inside the edge of the woods. Rather than running east
until the existing property line,the boundary line turns south. The reason for this southern turn prior to the existing
"corer"is to allow the buyer to install drainage from the field that borders Hayts Rd into the woods. This is the natural
topography and the only"drainage corridor". In the woods there is an existing outlet from a drainage the line coming
In from the south side(Bundy Rd)field. The buyer needs this"corridor"for any future drainage work or
improvements.
To finish the explanation of the boundary lines and meet at the point I just described,let us move over to the Bundy
Road (south)side of the Map. Starting point is the existing driveway entrance from Sheffield Rd. The proposed line
follows the driveway Easterly and Northerly to a point why a diversion ditch goes under the driveway. This ditch starts
along the edge of Sheffield Rd and runs Easterly all the way to the woods bringing excess road ditch water from Sheffield
Rd. The proposed line runs along the diversion ditch easterly to a point where it enters the woods. The proposed
boundary line then turns northerly/slightly easterly to accommodate an existing drainage pipe exit point This proposed
line then intersects the proposed line coming from the Hayts Rd side.
I hope this makes sense, it all has to do with accommodating existing drainage lines and the buyers desire to do future
drainage projects that will,given the proposed boundary lines,begin and end on the parcel they are buying.
My telephone#is 607-227-1235 If you would like to further discuss this matter.
Very Best regards,
David
Please copy Patricia Hatfield on all correspondence—patricia@ithaca.legal.
ALLEN&MAINES
Office address:
417 North Cayuga Street
Ithaca,New York 14850
Phone:(607)200-3707
Fax:(607)241-9942
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be
legally privileged. If you are not the intended recipient,you must not review,retransmit,convert to hard copy,copy,
.. _ ... .. ..__._____�_�_ r� a_____!__.._..__�t..�J•Lt-w ..-..SI 7..wrrw. .nlwwsw wwf${ ne
LOCATION MAP
Genex-Holmes Subdivision
/ Sheffield-Bundy-Hayts Road
Planning Board, May 17, 2022
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/
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Remainder of GENEX property
-1 r
J/.tl
/
J,
0 250 500 1,000 Feet
°
NOTE: Planning staff used the subdivision map provided by the applicant
m
and outlined proposed subdivision in red to make it easier to understand SUBDIVISION MAP
m N LANDS OF N
® NEW YORK ARTIFICIAL BREEDERS
z CO—OPERATIVE, INC.
W
z NOW KNOWN AS
GENEX COOPERATIVE MINNESOTA
IBEING PART OF MILITARY LOT NO. 48
M I- TOWN OF ITHACA N COUNTY OF TOMPKINS
z
x z STATE OF NEW YORK
w H Iti PART OF TAX MAP NO. 24.-5-1
PART OF REFERENCE DEED: L.301/P.98
ti
I ALSO SEE CORP. AMENDMENT INSTRUMENT NO. 2020-00368
SYLVIA A I
I WILLIAMS I
-R.O.- I
MILITARY 1
L.663/P.263
T N0. 88 1
MILIT ASSUMED ORD TIE.
ARY LOT Np, 47 MED S 74° 6 I
LOT LINE,........ I DIST 5 2g„ E
w 1T..NO. 48 ALONG 407 3p I CHORD TIE O
INCLUDE ALL RIGHT TITLE AND - 4p,7\��` I S 79'30'18"
INTERESTS TO ¢, SHEFFEILD ROAD �I co 0/1I E/Tv 34 201.14' E yt' SU$J TIAYTS
AND HAYTS ROAD, AND LANDS r5 ECT TO RIGHT ROAD
INCLUDED AS PART OF TAX MAP N0. o 201. OF THE
ROAD AND THE BETWEEN
ASSU ED LOT LI OF NE z I STORY
HOUSE
I I At'ON _ 0 0/H T PUBLIC FOR HIGHWAY PURPOSES
AS SHOWN HERE ON �, y_,
/II E/TV
o TILLED FIELD NYSEG PO LINE E °@'45" E _a
I L.219/P.136 ASEMENT 1180.00'
w 0/H T
REMAINING LANDS OF NEW YORK
o) ----'
ARTIFICIAL BREEDERS CO-OPERATIVE INC. _ — --
NOW KNOWN AS GENEX COOPERATIVE 01 � --� I �- _0/11 T
MINNESOTA FZ \� I � � BARN CAP CAP
L301/P.98 M rzi w -
o I / SHOP. �\I C�; M
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w l o STORY i i o ° 1
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NO. M 545 TILLED FIELD I
w l z 0 o I
ro STEEL z z
STAND PIPE r j
q O U I V
Co I 93.06'
w _ _ 181
Z 4iZ
I �jT5 88°12'51" W N 81°14
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26.� TILLED
26.60'
P �Sf _
TOTAL 00 °�6`3 i o O
38.45 06 z i I
I N 78°49,0p" STEEL o a -
STAND PIPET 6 C- al
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0 -R.0.-
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E• w I kl ti REMAINING LANDS OF NEW YORK z TILLED FIELD
p s w ARTIFICIAL BREEDERS CO-OPERATIVE INC. I
o NOW KNOWN AS GENEX COOPERATIVE
�C*
z REFERENCE MAP:
MINNESOTA ¢-r
e 6 � z �R.O.� x 4" DIA "SUBDIVISION MAP SHOWING PROPOSED SUBDIVISION BY ROBERT
o PVC --�o AINSLIE & JUDY SINGER..."
a F z I ti L301/P.98 ��, CAPPED PIPE , MADE BY T.G.
iMII MILLER P.C. ENGINEERS & SURVEYORS
DATED
F PARCEL N0. 2
0 1 PARCEL"
1301/pe
�9 /
°
1 L301/P. 8
I o
ti 282.24'
I
r w STORM MANHOLE N 88°33'40" W w
I x IN FROM WEST OUT I PIN &
o NORTHEAST `` CAP
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AL PIN SET AT
S 80°48'09" E �y JL OLD FENCE
JL�I I' EN LIE Q GE .. RUN /
IL
CORNER
CULVERT 66p')CPIPERT DIp1 DEAD AA
F DRA1Ng •• - i i i CE WOODS TREE JL JLLSp�
OF DRAINAGE ALS yti WOODS JL _
w II�w /����i i S 80°54' s SE DT`11�`0� tio a`b �� THICK
x i� _� PROPOSV �y �y`b G� BRUSH
768.63' 12" DIA S � ti' 11L
JL
ASHEAD TREE & SWAMPY
$>IM 82�°26'S5" E // /�¢ Q� - - AREA
ZI TILLED FIELD ° ��� � rl 1. 1 — — Cg44�
AIL AIL
_ WOODS
1� S 86°08'03" E V, CIS
PAVED DR --- pti`�� TILLED FIELD
225.75' _ 1�ti ti 40g
250.98' TOTAL
.23'
4g� WOODS
25
w PROPOSED PARCEL TO
BE CONVEYED BY TILLED FIELD
e GENEX COOPERATIVE
Co c W w MINNESOTA
z W
o AREA:
/ w 86.84 ACRES±
/ TO CENTERLINE OF ROADS
E'�...77
s
cx a TILLED FIELD 84.34 ACRES± o
TO ASSUMED ROAD BOUNDS °
Qco
a r &0
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M o � 02 1
o Al .i
GEORGE H. & BONNIE ENZIAN
-R.O.-
z w z L.816/P.156
a I a WOODS
/ TILLED FIELD
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1 L.241/P.38 ASEMENT TILLED FIELD
W
0/H E
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WOODS
I 2438.52,
1 N 81°07 pp W
WOODEN
POST
RIGHTSB U ND Ysr- SU BJECTTO OF THE
I (
WOODENDOD POST
PUBLICpR HIGHWAY I P PIN &¢�+ URPOSES CAP
LOT XO
M�TARY Lp 48
_ /H E/T/TV
I
I
LEGEND:
e EXISTING IRON MONUMENT AS SHOWN
Q SET 3/4" REBAR AND SURVEY CAP NOTE:
ABSTRACT OF TITLE NOT REVIEWED.
0 UTILITY POLE PREMISES SURVEYED ARE SUBJECT
® U/G TEL RISER TO ANY EASEMENTS, RIGHTS AND/OR
RESTRICTIONS OF RECORD THAT AN
UP TO DATE SEARCH MAY REVEAL COMPS 21106
R.O. REPUTED OWNER 2021121.CRD
(....) RECORD DISTANCE REAGAN LAND SURVEYING NOTE: Any revisions to this map must comply with section 7209, Subdivision 2 of
P.O. Box 1124 the New York State Education Law. All certifications hereon are valid for this map
(R,M) RECORD DISTANCE, Dryden, New York 13053 and copies thereof only if said map or copies bear the embossed seal of the
MEASURED DISTANCE Phone/Fax (607) 844-8837 licensed land surveyor whose signature appears hereon. This map is not valid
EMAIL office@reaganlandsurveying.com when used in conjunction with a "Survey Affidavit" or "Certificate of No-Change".
O/H OVERHEAD UTILITIES Date Drawn Scale: Job No.:
U/G UNDERGROUND UTILITIES Surveyed:9-11/2021 By: A. PUZO 1 =150 21-237
PRESENT CENTERLINE OF PAVEMENT 0' 150' 300' 450' I hereby certify to : JULIA P. HOLMES TRUST; COUGHLIN & GERHART, LLP;
FIRST AMERICAN TITLE INSURANCE COMPANY;
—X FENCE
STONES BAR SCALE that I am a licensed land surveyor, New York State License No. 049892 and that this map
correctly delineates an actual survey on the ground made by me or under my direct
P.D.L. PROPOSED DIVISION LINE supervision, that it was prepared in accordance with the current code of practice for land
title surveys adopted by the New York State Association of Professional Land Surveyors; and
that I found no visible encroachments either way across property lines except as shown
hereon.
Signed: Dated: NOV. 19, 2021
"Copyright 2021: All Rights Reserved, Reagan Land Surveying"
PROPOSED RESOLUTION: SEQR
Preliminary & Final Subdivision Approval
GENEX-Holmes Subdivision
521 Sheffield Road
Tax Parcel No. 24.-5-1
Town of Ithaca Planning Board, May 17, 2022
WHEREAS:
1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 521 Sheffield Road, Town of Ithaca Tax Parcel No. 24.-5-1,
Agricultural Zone. The proposal involves subdividing off an 86 +/- acre vacant lot for sale to
a local farmer. The balance of the land and buildings will remain with GENEX Cooperative
Minnesota. This is an Unlisted Action under the State Environmental Quality Review Act
and is subject to environmental review. GENEX Cooperative Minnesota, Owner/Applicant;
Joe Allen, Allen& Maines, Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in
the environmental review with respect to the project;
3. The Planning Board on May 17, 2022,has reviewed and accepted as adequate a narrative, a
subdivision plat titled"Subdivision Map Lands of New York Artificial Breeders Co-
Operative Inc., Known as Genex Cooperative Minnesota, Being Part of Military Lot No. 48,
Town of Ithaca, County of Tompkins, State of New York, Part of Tax Map No. 24.-5-1, Part
of Referenced Deed: L.301/P.98, Also See Corp. Amendment Instrument No. 2020-00368,"
prepared by Reagan Land Surveying, dated November 19, 2021, and other application
materials; and
4. Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval;
NOW THEREFORE BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law
and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced
action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in
the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required.
Instructions for Completing
Part I—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
Genex Cooperative-ApplicantlOwner
Name of Action or Project:
Holmes Subdivision
Project Location(describe,and attach a location map):
0 Sheffield Rd/
0 Bundy 10 Hayts Road-Tax Map:24:5-1
Brief Description of Proposed Action:
Subdivide the premises of Genex Cooperative,tax parcel no.24.-5-1,into two parcels,one of 86.84 acres to transfer to Julia Holmes and the balance
remaining with Genex Cooperative.
TOTAL ACREAGE OF PROPERTY IS 127.5 ACRES.Previous subdivision of this property was approved on 3/1/22.The
Steele subdivision involved 5 lots and a total of 7.68+/-acres(Lot 1 includes residence at 571 Sheffield Rd; Lot 2 has barns
and agricultural structures; Lot 3 contains a large barn; Lot 4 includes residence at 545 Sheffield Rd; Lot 5 is the current
remaining parcel. The proposed subdivision noted above includes splitting the remaining parcel: 86.84 acres proposed for
conveyance to Holmes,and remaining acreage (33+/-acres), containing large office building, bull pen building, parking area,
to remain as is(for sale).
Name of Applicant or Sponsor: Telephone:P 607-200-3707
Allen&Maines/Genex Cooperative E-Mail:
loe@ithaca.legal/Patricia@ithaca.legal
Address:
417 N Cayuga St
City/PO: State: Zip Code:
Ithaca NY 114850
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that z ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval:
TCDOi 1 water and septic permitsrum
3. a.Total acreage of the site of the proposed action? 127-5-e6lWacres 7.68 acres previously conveyed to
b.Total acreage to be physically disturbed? 0 acres Steele as part of 3/1/22 approval
c.Total acreage(project site and any contiguous properties)owned (127.5-7.68= 119.82) C�
or controlled by the applicant or project sponsor? 119.82 acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
5. ❑Urban [� Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban)
❑Forest Agriculture Aquatic m Other(Specify): Rural Res.Rec.
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ 17
b. Consistent with the adopted comprehensive plan? Pq El
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ V
?. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: � ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? Q ❑
b. Are public transportation services available at or near the site of the proposed action? a ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed Elaction?
IZI
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
Ig18 ❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO j YES
If No,describe method for providing potable water: Vacant Farm Land
The large office building, and the two previously approved lots that contain residences, F✓
will be served by existing private wells. C�
11. Will the proposed action connect to existing wastewater utilities? NO YES
Vacant Farm Land
If No,describe method for providing wastewater treatment:
The large office building, and the two previously approved lots that contain residences, Z El
will be served by existing private septic.
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the Q ❑
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for F0 ❑
archaeological sites on the NY State Historic Preservation Office{SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? Please see fart 3
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? C�
I; ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
14. Identify the typical habitat types that occur oil,or are likely to be found oil the pro.ject site. Check all that apply:
FlShoreline EJ l'orest 91 Agricultural/grasslands El Early mid-successional
cl
F-1 Welland M Urban M SubUrban
15. Does the site of the proposed action contain any species of animal,or associated li,�bitats, listed by the State or NO Y E`S
Federal government as thi-catened or endangered?
Fv/1 F
16. Is the pro.ject site located in the, I 00-year flood plan? NO YES
Fv-/1 F-1
............ ................ ...............
17. Will the proposed action create storm water discharge,either fi-om point or non-point sourccs? NO YES
If Yes, FV1 E1_
a. Will storm water discharges flow to ad acent properties? —F;2:L - El
J C-"B
b� Will storm water discharoes be directed to established conveyance systems(rllnoffand storm drains)?
lf*Yes,briefly describe:
............-.......... ----------------------—------------------------
............ ------------
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO Y I
or other liqUidS(e.g., retention pond,waste lagoon,dam)?
If Yes,explain the pUrposc,and size ofthe inipOLIndment: ............
Fv/1 F
-19. Has the site ofthe proposed action or ail ad�ioining property been the location ofan active or closed solid waste NO YES
management fiacility?
IfYes,describe: . .......................... ------
Fv/1 F
20.1 las the site ofthe proposed action or all adjoining property been tile SUbject ofrenlediation(ongoing or NO YES
completed) for hazardous waste?
IfYes,describe: ................ .................. z F�
I CERTIFY THATTHE, INFORMATION 1111OVIDED ABOVE IS TRUE,AND AC.CURATE TOTHE BEST OF
MY KN0WLLDGT
Applicant/spo .6q'r'jji ii-q7' Date:
- ------------------
C',
SignatUr Title: C"he
...........
Ple
...........
PRINT F077R7M ] 11a0e 3 o�".')
Agency Use Only [If applicable]
Project: Genex Subdivision
Date: May 17, 2022
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations? ✓
2. Will the proposed action result in a change in the use or intensity of use of land? ❑✓ ❑
3. Will the proposed action impair the character or quality of the existing community? ❑✓ El
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)? RI F-1
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies?
b.public/private wastewater treatment utilities? ❑✓ ❑
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater, air quality,flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Paget of 2
Agency Use Only[If applicable]
Project: Genex Subdivision
Date: May 17, 2022
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-
term,long-term and cumulative impacts.
The proposal involves subdividing a 127+/-acre farm property that contains multiple buildings and two existing
residential structures into a total of 6 lots: 5 lots that were previously approved on 3/1/2022(two lots that contain the
residential structures,two lots that contain barns and other accessory and farm structures,and one lot that contains the
bulk of the farm acreage and a large farm operation).The lot that contains the bulk of the farm acreage/operation is now
being split into two lots: one 86+/-acre vacant farm lot to be conveyed to a local farmer, and a 33+/-lot that contains a
large office building, large agricultural building (former bull pens), parking lot, picnic pavilion,and two entrance drives.
The 127.5-acre property has been a bull artificial insemination facility for decades.
The two previously approved lots that contain existing residences, along with lot with the large office building, have
existing private water and sewer services.All lots(previously approved and currently proposed)comply with the
dimensional requirements of the Agricultural Zone.There are no slopes,threatened or endangered plant or animal
species, historic or archaeological resources or Unique Natural Areas (UNA's)on or near the proposal.
This is a very unique property,with structures that have existed on the site for nearly 75 years.There is no development
proposed.The previously-approved lots at the Sheffield Road frontage might not be utilized for agricultural purposes in
the future.Subdividing them from the main farm parcel and utilizing them for rural residential purposes is an
appropriate use of land that was previously determined to not create significant adverse environmental impacts.
Conveying 86+/acres of the remaining property to a local farmer to remain in agriculture is the highest and best use for
a property in the Agricultural Zone and will also not create significant adverse environmental impacts. The use of the
remaining acreage that contains the large buildings and parking lot is yet to be determined,as the property is currently
for sale. Potential environmental impacts associated with the remaining acreage would be evaluated if and when a
non-agricultural use is proposed for the site(the applicant would not need Planning Board approval for an agricultural
use of the property or a use that is listed by right in the Town Code).
Regarding Part 1, number 13a-The NYS DEC EAF Mapper program indicates that there may be a wetland or waterbody
on or near the property. There is a small portion of an unregulated stream located approximately 500 feet southwest of
the large agricultural building (former bull pens). The proposal will have no impact on the stream.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Ithaca Planning Board
Name of Lead Agency Date
Liebe Meier Chair
Print or Type Name of Responsible Officer in Lead Agency ;tie of Responsible Officer
v
Signature of Responsible Officer in Lead Agency Signature o reparer(if different from Responsible Officer)
Page 2 of 2
EAF Mapper Summary Report Monday, July 26, 2021 1:40 PM
Disclaimer: The EAF Mapper is a screening tool intended to assist
�I project sponsors and reviewing agencies in preparing an environmental
assessment form(EAF).Not all questions asked in the EAF are
answered by the EAF Mapper.Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
I" DEC,you may also need to contact local or other data sources in order
�f to obtain data not provided by the Mapper.Digital data is not a
cif substitute for agency determinations.
u
Pdmheal
Enfield / Ithaca
T y
Rd
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llow f lu RSC ,. _ r, D aNrtlikWrir
'Pvo York
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:a,i��rn7.I,_I„�, li�t�ii���l.,,Ir�l�f-�EI'IE��ITF ��1F��d��,ir E n.lnl;��i7.LIEU, E�i� ,.:I�u7�, �H�i�ra l rai7�,�N, Ern �r IEPIT�F,,I���'L�,I�,E u J�����,I� I4IEII�Ean Chlln (Hoalirl l,.d�I���I�,:Bit
i�I NTI i�311��1 isaj� EJ aa.�. NJ;I ( l'.a H7�i�' Ekh lW:i l r.�CHrltn l'aLlkr�Hl'� and tl°ie G1 S IU ser�.�.ar�r I'll llllltry c��I��0 el r� ! 7w gal S hl sel �u��l rr rrr w ulrkV,,
wN
Part 1 /Question 7 [Critical Environmental No
Area]
Part 1 /Question 12a [National or State No
Register of Historic Places or State Eligible
Sites]
Part 1 /Question 12b [Archeological Sites] No
Part 1 /Question 13a [Wetlands or Other Yes - Digital mapping information on local and federal wetlands and
Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 1 /Question 15 [Threatened or No
Endangered Animal]
Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 /Question 20 [Remediation Site] No
Short Environmental Assessment Form - EAF Mapper Summary Report 1
PROPOSED RESOLUTION: Preliminary & Final Subdivision Approval
GENEX-Holmes Subdivision
521 Sheffield Road
Tax Parcel No. 24.-5-1
Town of Ithaca Planning Board, May 17, 2022
WHEREAS:
1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 521 Sheffield Road, Town of Ithaca Tax Parcel No. 24.-5-1, Agricultural
Zone. The proposal involves subdividing off an 86 +/- acre vacant lot for sale to a local farmer.
The balance of the land and buildings will remain with GENEX Cooperative Minnesota. This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to environmental
review. GENEX Cooperative Minnesota, Owner/Applicant; Joe Allen, Allen& Maines, Agent;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, as lead agency in the
environmental review with respect to the project, has on May 17, 2022, made a negative
determination of environmental significance, after having reviewed and accepted as adequate a
Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3
prepared by the Town Planning staff;
3. The Planning Board on May 17, 2022,has reviewed and accepted as adequate a narrative, a
subdivision plat titled"Subdivision Map Lands of New York Artificial Breeders Co-Operative Inc.,
Now Known as Genex Cooperative Minnesota, Being Part of Military Lot No. 48, Town of Ithaca,
County of Tompkins, State of New York, Part of Tax Map No. 24.-5-1, Part of Referenced Deed:
L.301/P.98, Also See Corp. Amendment Instrument No. 2020-00368,"prepared by Reagan Land
Surveying, dated November 19, 2021, and other application materials;
NOW THEREFORE BE IT RESOLVED:
1. That the Planning Board hereby waives certain requirements for Preliminary and Final Subdivision
Approval, as shown on the Preliminary and Final Subdivision Checklists,having determined from
the materials presented that such waiver will result in a significant alteration of neither the purpose
of subdivision control nor the policies enunciated or implied by the Town Board; and
2. That the Planning Board hereby grants Preliminary & Final Subdivision Approval for the proposed
GENEX-Holmes Subdivision, as shown on the plans noted in Whereas #3 above, subject to the
following conditions:
a. Revision of the subdivision map to show the existing GENEX buildings, structures, parking lot,
and other existing site elements; and
b. Submission for signing by the Chairperson of the Planning Board of an original and three dark
lined prints of the approved,revised final subdivision plat,prior to filing with the Tompkins
County Clerk Office; and submission of a copy of the receipt of filing to the Planning
Department.
Town of Ithaca Planning Department
215 North Tioga Street
Ithaca,New York 14850
(607)273-1747
AGRICULTURAL DATA STATEMENT
In accordance with Section 283-a of the New York State Town Law,the Town of Ithaca
will use the data in this statement to assist in evaluating the impacts of proposed development
projects on farm operations in Agricultural Districts.
1. Name of Applicant: Genex Cooperative/Allen&Maines
Address: 417 N Cayuga St, Ithaca,NY 14850
2. Project Name/Location: Holmes Subdivision
3. Description of proposed project.
Subdivide the premises of Genex Cooperative,tax parcel no. 24.-5-1, into two parcels,one of
86.84 acres to transfer to Julia Holmes and the balance remaining with Genex Cooperative.
4. Tax Parcel Number(s): 24.-5-1
5. Number of total acres involved with project: 86.84 Acres being sold to Holmes
6. Number of total acres presently in Tax Parcel: 127.50 Acres
7. How much of the site is currently farmed? 102 Acres t
8. Please identify who is farming the site. George Holmes
9. Please indicate what your intentions are for use of the remainder of the property, over:
Five years:
Ten years: Propose to market and sell
Twenty years:
10. Who will maintain the remainder of the property not beino used for this development?
Owner—Genex Cooperative
(PLEASE COMI)LETE (XI'l-It"R SID111".)
11. Please indicate crop(s) or vegetational cover for the site.
Corn, wheat, soybeans have been grown.
Currently soybean stubble.
12. Are there any drainage ways or underground the systems located on the site? Yes
Will this project alter existing drainage patterns? Unknown Ifyes, please
describe
See Exhibit A
13. Is the parcel included in a farm plan prepared by the Tompkins County Soil and Water.
District ofthe USDA Soil Conservation Service? Upon information and belief. no.
Are federally funded cost sharing practices in place For the parcel?
Name ofprograrn(s).
14. Is the parcel currently,,.,11 d-an-ag a �
iCUItUraI tax exemption? Yes x No, as
understood.
Signature ol'Applican - Date:
FOR TOWN USE ONLY:
NOTE: This form and a map of the parcels) should be mailed to County Planning
as part of the GML in and ii referral. It should also be mailed to property owners
within 500 feet of the property boundary along with the Notice of Public Hearing
(Attach list of property owners within 500 feet).
Name of Staff'Person -
Date Referred to County Planning -
1(1r;,, AII)AM Ro'! 1/071
SUBDIVISION MAP
LANDS OF r%.O
NEW YORK ARTIFICIAL BREEDERS
0
z CO-OPERATIVE, INC.
z NOW KNOWN AS
GENEX COOPERATIVE MINNESOTA
BEING PART OF MILITARY LOT NO. 48
C, I- TOWN OF ITHACA - COUNTY OF TOMPKINS
ril
STATE OF NEW YORK
PART OF TAX MAP NO. 24.-5-1
PART OF REFERENCE DEED: L301/P.98
I o ALSO SEE CORP. AMENDMENT INSTRUMENT NO. 2020-00368
E-' E2
SYLVIA A.
WILLIAMS
-R.O.-
-1(1LJTARyLOT NO. 39 L.663/P.263
"WTARy AS chopD ple,
LOT SPYRD S 74-5,
1VO. 4 7 Lim DIS7,
NO. CHORD
TIE.
40��
INCLUDE ALL RIGHT TITLE AND CV IS 79-30,18"
/4 0/ 201-14'
LWO T ALONG
INTERESTS TO (E SHEFFELID ROAD Z/7,v SUBJECT To RIGHTS OF S
R12,1'0! 11AYT ROAD
AND HAYTS ROAD, AND LANDS 4
INCLUDED AS PART OF TAX MAP NO. Zol PU13LIC FOR
24.-5-1 BETWEEN THE (E OF HAYTS '; THE
ROAD AND THE ASSUMED LOT LINE ;2: STORY j, ALo HIGHWAY PURPOSES
AS SHOWN HERE ON HOUSE
NO. 571 0/11 T
0/11 El-ry
o TILLED FIELD XYSZG po LINE E ASEl S 81.18'45" E
f,
L219/P.136 ENT 1180.0� 0/11 T
REMAINING LANDS OF NEW YORK
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NOW KNOWN AS GENEX COOPERATIVE 0/11 T
MINNESOTA F. CV \ PIN &
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r4 TILLED FIELD
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r, 2 ARTIFICIAL BREEDERS CO-OPERATIVE INC.
0 NOW KNOWN AS GENEX COOPERATIVE k I REFERENCE MAP:
MINNESOTA 4"o -R 0DIA. "SUBDIVISION MAP SHOWING PROPOSED SUBDIVISION BY ROBERT
-
0 al i� PVC 0 AINSLIE & JUDY SINGER..."
L301/P.98 CAPPED PIPE MADE DATED BY T. 1
G. MIR P.C. ENGINEERS & SURVEYORS
T. , 200 LLE0.
F PARCEL
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1 125-23' PROPOSED PARCEL TO
II
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iv
GENEX COOPERATIVE
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CCV0
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r4 W 86.84 ACRES±
TO CENTERLINE OF ROADS 0
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TO ASSUMED ROAD BOUNDS
go 8?" Co i Co
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GEORGE H. & BONNIE ENZIAN
L.816/P.156
WOODS
TILLED FIELD
MILITARY LOT
L
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LOT r
TAR 48 LE
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li �7RVLOT N0, 48 0/11 E/T/T,
9 - ----
LEGEND:
9 EXISTING IRON MONUMENT AS SHOWN
0 SET 3/4" REBAR AND SURVEY CAP NOTE:
ABSTRACT OF TITLE NOT REVIEWED.
0 UTILITY POLE PREMISES SURVEYED ARE SUBJECT
TO ANY EASEMENTS, RIGHTS AND/OR
0 U/G TEL RISER RESTRICTIONS OF RECORD THAT AN
UP TO DATE SEARCH MAY REVEAL COMPS 21106
R.O. REPUTED OWNER 2021121.CRD
RECORD DISTANCE REAGAN LAND SURVEYING NOTE: Any revisions to this map must comply with section 7209, Subdivision 2 of
P.O. Box 1124 the New York State Education Law. All certifications hereon are valid for this map
(R,M) RECORD DISTANCE, Dryden, New York 13053 and copies thereof only if said map or copies bear the embossed seal of the
MEASURED DISTANCE Phone/Fax (607) 844-8837 licensed land surveyor whose signature appears hereon. This map is not valid
EMAIL office@reaganlandsurveying.com when used in conjunction with a "Survey Affidavit" or "Certificate of No-Change".
O/H OVERHEAD UTILITIES Date Drawn Scale: Job No.
U/G UNDERGROUND UTILITIES Surveyed: 9-11/20211 By,. A. PUZO 1 1"=150' 1 21-237
PRESENT CENTERLINE OF PAVEMENT 0, 150' 300' 450' 1 hereby certify to : JULIA P. HOLMES TRUST; COUGHLIN & GERHART, LLP;
M M M i FIRST AMERICAN TITLE INSURANCE COMPANY;
—X FENCE L-jNL--ANL--jNNNNL—
cD=� STONES BAR SCALE that I am a licensed land surveyor, New York State License No. 049892 and that this map
correctly delineates an actual survey on the ground made by me or under my direct
P.D.L. PROPOSED DIVISION LINE supervision, that it was prepared in accordance with the current code of practice for land
title surveys adopted by the New York State Association of Professional Land Surveyors; and
that I found no visible encroachments either way across property lines except as shown
hereon.
Signed: Dated: NOV. 19, 2021
"Copyright 2021: All Rights Reserved, Reagan Land Surveying
TOWN OF ITHACA PLANNING BOARD
PUBLIC HEARING NOTICE
The Planning Board will hold public hearings on Tuesday,May 17,2022, at the following times and on the
following matters:
7:00 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 509 Coddington Road, Town of Ithaca Tax Parcel No. 51.-1-1, Low
Density Residential Zone and Conservation Zone. The proposal involves subdividing a 96
+/- acre property into two lots consisting of. Parcel A, a 17+/- acre lot (509 Coddington
Road)that contains an existing residence, and Parcel B, a 78+/- acre vacant lot. This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Raymond Terepka and Nancy Stewart, Owners/Applicants.
7:15 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 521 Sheffield Road, Town of Ithaca Tax Parcel No. 24.-5-1,
Agricultural Zone. The proposal involves subdividing off an 86+/-acre vacant lot for sale
to a local farmer. The balance of the land and buildings will remain with GENEX
Cooperative Minnesota. This is an Unlisted Action under the State Environmental Quality
Review Act and is subject to environmental review. GENEX Cooperative Minnesota,
Owner/Applicant; Joe Allen, Allen&Maines, Agent.
Due to COVID-19 and the NYS Legislation allowing virtual meetings(Chapter 56 of the Laws of 2022 signed
by Governor Hochul on 4/9/22), the meeting will be held via the Zoom audio/visual application with no in-
person attendance permitted. Members of the public may listen to (call in on cell or landline: (929)436-2866
and enter the Meeting ID: 836 4376 4382) or view (by computer go to
1-ittps://us06web.zoom.us/j/83643764382)the Board meeting through Zoom. If the public would like to attend
the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube
(https://www.youtube.coin/channel/UCC9yycXkJ6klylibjhCy7NQ/live).
Any person wishing to address the board will be heard. In addition, comments can be sent via email to
townclerk(a)town.ithaca.ny.us up to the end of business the day of the meeting and all comments will be
forwarded to the board. Additional information is available at www.town.ithaca.ny.us.
Susan Ritter,Director of Planning
�����7� m���Ithaca
2|5NTioxza St, Ithaca,NY |4850
Ph: 607-273-|747 m
Susan Ritter,Director ufPlanning
PLANNING DEPARTMENT MEMORANDUM
TO: Planning Board Members
FROM: Christine Ba|estra, Planner
DATE: May 1O, 2O22
RE: Terepka-Stewart 2-Lot Subdivision — Preliminary and Final Subdivision Approval
Please find materials enclosed related to the consideration of Preliminary and Final Subdivision
Approval for the proposed 2-lot subdivision located at 509 [oddington Road, Town of Ithaca
TaxParce| No. 51. 1-1, LovvDensityResidentia| Zone, and [onservationZone. Theproposa|
involves subdividing a 96 +/- acre property into two lots consisting of: Parcel A, a 17+/- acre lot
(509 [oddington Road) that contains an existing residence, and Parcel B, a 78+/- acre vacant
lot. After subdivision, both proposed parcels will exceed the dimensional requirements of the
zones in which they are located.
The property at5O9 [oddington Road is bound on the north and the east by City of Ithaca-
owned |ands /partoftheSixMi|eCreekvvatershed\, onthesouthbyrnorecity |andsandprivate
rural residences, and on the west by Coddington Road and suburban residential development.
The South Hill Recreation Way dissects the property. As explained in the attached
environmental assessment, the portion of the property located east ofthe Recreation Way is
within Tompkins County Unique Natural Area #15G (Six Mile [reek). This portion of the
property (part of Parcel B\ is also largely located in the Conservation Zone, and contains
conservation easement with the Finger Lakes Land Trust. The easement, attached for your
information, offers protection from uses that could otherwise harm the ecological value of the
land within the easement area.
According to the applicant narrative, the intent of the subdivision is to enable the eventual
construction of a srna|| home on Parcel B, near the pond (please refer to attached aerial
location map— it shows the pond better than the survey nnap). The pond is adjacent to
Coddington Road, nearly 800ft from the conservation easement, and on a part of the property
that islocated in the Lovv-Density Residential Zone. However, no development iscurrently
proposed as part of the subdivision.
Along with the application materials and environmental assessment are draft resolutions for
the Board to consider. Please call rneat (GO7) 273 1747orennai| nneat
if you have any questions prior to the meeting.
Att.
Cc: Raymond Terepka&Nancy Stewart
rAav �
Dear Planning Board, 2 APR 0 6 2022 9 April 5, 2022
TOWN OF ITHACA PLANNING
We are proposing to divide our property at 509 Coddington Rd into two parcels, labeled
A and B on the survey map. We have placed a conservation easement with the Finger
Lakes Land Trust on the 62.689 acres that are east of the out Hill Recreation Way
and that land will be part of parcel B. Our eventual plan is to retire to a smaller house on
parcel B near the small and adjacent to Coddington Rd.
Than you for your help.
Ray Terepka
Nancy Stewart
LOCATION MAP
Terepka/Stewart 2-Lot Subdivision
509 Coddington Road
Planning Board, May 17, 2022
509 Coddington
(red outline)
0 200 400 800 Feet
\ a,/ CITY OF MWA(R.O.)
SIX MILE CRE'IX PREStWYE
TINT \ ® EXCE'PiroN AREA Ta cnr
Nd \ PREWOUS coanaD
I iD LdaE I
na
♦ Z
• 1 ti UND
94P REFERENCES:
f URWY NAP LANDS OF MARY SMITH LOC47ED ON
'6Y DIVISION LINE
17 \ RCAD...`DATm 7/z2/rsas By T.G.u/u.ER Assoc.
NCE eee/302 FOUND GtiY OF 1 (R.O.) \ 2.)`SURY MAP LANDS OF JOHNSON..."DATED 4/191
Jo2 7
IE
'NCE HEDGE / s3ery � r.c. MILLER ASSOC.
\ �y }! �• J.)-SURVEY
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DATED\ s>EEP
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/ THE 110,
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TAX MAP N.52-1-97 Nl I`)
DEED 9M 61ZPAGE 321
�v7 i ° "' � \ s ,l TAX Ad4P N& 51-1-1 \
is •
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/ TO FAR LAKES LAND TRUST
POND EAST OF MN WAY-62.659 ACRES \
\ ® SEE DEED DOOR 666,PACE 709
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( i
PARARN
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Jew Yank State Lknnee
Uy deiin 609 pNGTON ROAD
eates an r T• R• P.C.
T me or under my direct
e oncrooMments either ENGINEERS AND SURVEYORS TOWN OF ITHACA, TOMPKINS COUNTY, N YORK
shown he 605 WEST STATE STREET,SUITE A
Ar ITHAC9,NEW YORK [4R5O
._DATED: 3a2&)22 ew •• WWW.TGMIUERPC.COM
607-272-641'7
522df6
PROPOSED RESOLUTION: SEQR
Preliminary & Final Subdivision Approval
Terepka-Stewart 2-Lot Subdivision
509 Coddington Road
Tax Parcel 51.-1-1
WHEREAS:
1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 509 Coddington Road, Town of Ithaca Tax Parcel No. 51.-1-1, Low
Density Residential Zone, and Conservation Zone. The proposal involves subdividing a 96
+/- acre property into two lots consisting of. Parcel A, a 17+/- acre lot(509 Coddington
Road) that contains an existing residence, and Parcel B, a 78+/- acre vacant lot. This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Raymond Terepka and Nancy Stewart, Owners/Applicants;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in
the environmental review with respect to the project;
3. The Planning Board on May 17, 2022,has reviewed and accepted as adequate a narrative, a
subdivision plat titled"Survey Map No. 509 Coddington Road, Town of Ithaca, Tompkins
County, New York,"prepared by T.G. Miller P.C., dated 3/23/2022, and other application
materials; and
4. Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval;
NOW THEREFORE BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law
and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced
action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in
the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required.
Page 1 of 1
Short Environmental Assessment F TV
1nstrgg9Q I njj2EfgfflQ1ggM Part I -Project Infornmdon rAPR 0 6 2022 1EI
16 i;;;i o The applicant or project sponsor is responsible for the completionoTm.gg 140
application for approval or funding,are subject to public review,and may be subject to finther verification. Complete Part I based on
info do currently available. If additional research or investigation would ben to fully respond to any item,please answer as
thoroughly as possible based on current information
Complete all its in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
.401.,--haled ..........
.............._____ .1-11-11............... ---------— .............
Name of Action or Project:
D
Project:Location(describe,�aattach a location map):
6
Brief Description of Proposed�Acn:
4-
rf- 4z
0- 5/71 t e,/- r a!
Applicant—orSponsor-
Telephone: L02---—222--
E-Mail:
Address: ................. ev er/c�,
— c>2
City state Z1p Code."
All"
......................................L
n
NO YES
rrirn�ttyi r ..........If Yes,attach a e description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
MOMMON 11M
;1, 0
Sn
2. aq%q. 71". S_ � NO YES
If Yes,list agency(s)name and permit or appro;�iil:
0 El
96+/ a c ir e.S acres
b. tM srca r 0 acres
c.
r TONYAH DR19q.T2IM 96+/ acires acres
...........
land_Us�s ihai o-c'c'u-'r,..............a-r e...................... ..............................
...... o o n ear the
S. EJ Urban [] Rural(non-agriculture) 0 Industrial E] Commercial Residential(suburban)
Forest E:J Agriculture D Aquatic M Other(Specify)- Soijth Hilk Reci,eafioiri Way,
d Cfty of Ithaca watei'shed larids (Mix IMille Cr k)
Pa&Jan
page � of 3 SEAF 2019
M
...................._............. ......._... ..._............. .._.,.........,,.. . ..,......,.,...,..,.w...__...........,_ ..........................................................___,.,. ... ,.......,.... .................-------.,.,..........._ .. ......__�a.._._.....
5. Is the proposed action, NO YES N/A
a. � '�" rimitcuse ert�e;rxsn�re .M�9�� ❑ 1Z ❑
b. orisistert, t %t}ewao"net coriirensive" "a ❑ ❑
6. Is tlie,. r° seilactxa .,.w...__ . tf�te�reda . c "a . .. ... ....,.,.... ,... W,ro. a . ..v..
NO YES
" cter ottc exi
�rvnn consistent wi �ma rr• ui t or natura a
7 ... s the site of the proposed action lacatedmin Morwdoes it adjoin a state listed Critical Environmental'Amryt_....._____ NO YES
If Yes,identify:
L4j 70
NO YES
"""ro"° s �ctitanre"""' ieaseantratic'a" ov' sent'Tev Ces
8. a. i�"i�ie, -"" sti7t'�n a sub"stant�alMeinc ere ', ❑
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed C
action? Soiatlli Hilll Re;ci'eatlion Way dissects property
9. Does the rapos�action meet or exceed the state M .
....... ,. _ . . w ..... . .. ..energy code rct urrcmerYts. N.. YES
If the proposed action will exceed requirements,describe design features and technologies:
/AElLr
S
10. �, ,.,,. a propose action comiect to an a skiing p c pzYvate water supp NO YES
If No,describe method for providing potable water:
El
NO YES
1 L Will the ro sect action cormect to exishn wastewater utllitie
If No,describe method for providing wastewater treatment:
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the'National or State Register of Historic Places,or that has been determined by the
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the 141
tale Re ster of Historic Places?
EJ
b.Is the project site,or airy portion of it,located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does an ruon of the site of the ra sed action,ar lands ad_* in the�ro�sed action,coiita;. NO YES
%E.. .__,. aro merwate „ esMregateymma.,: ew... stateor oca, �enc .
Rease See Part 3
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? C
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
l�. dentrf i r r t s that cur on ar libel to be fa on praect srt C t a... ly:
OShoreline P ForestmmW- Agricultural/grasslands Early mid-successiona
OWetland 0 Urban Suburban
wow W � WW. . w-...-.-e.w- mmmm.........,, mm. awW mm.- .. Ww...WW w.
_..................� ......__
l5. ass site aft pra sed a onca 'n s ies of or is itatsli State ar� O S
ral oec eni threatened or a
. .WW .....
-W.,mm................................
. . ...W. - ........ ... _._.__....__....__......._
....q,.,., ., sad =a �r"" t s® - at r. .u e sit firarn-int or non--wwiW� W ---` NO YES
If Yes,
a. Will storm dater discharges flow to adjacent properties? El
b. Will storin rater discharges be directed to established conveyancesystems(runoff- storm )?If Yes,briefly describe:
---- - --------""'--'---- ..........-----------------------------T.......-------- --------
1 es ro `on 1 ns lion ar other c„ ,Mies -that. would result i . e.......... „�w flute O YES
If Yes,e�pl ' e of u ent:
. „Mn c o rode„mm "o-aii tii e mi case�Wsa xastc Iv0 YES
L9. - w srte aid" _ �� .W� ����.�
_... - . — --...... ��-� _.m-..._.mm....._w ..... -��� _. .......-.
If Yes describe:
----------
bee,
action or an
2011 as t c st o t raµaartn�wl?In �, tl Wsi�e. r ..- �tao anrzin w........ INTO YES
www1 ... for...._...., do to m. �-
. _. .�_
If Yes,de rive:
El
I CERTIFY TIIAT THE INFORMATION PROVIDED ABOVE IS—T i A ACC T —TOT—TOTBE BESTOF
Y KNOWLEDGE
Applicant/sponsor/name:
_ Title:
Agency Use Only [If applicable]
Project: Terepka/Stewart Subdivision
Date: May 17, 2022
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations? Fv-1 El
2. Will the proposed action result in a change in the use or intensity of use of land? ❑� ❑
3. Will the proposed action impair the character or quality of the existing community? ❑� El
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)? RI F-1
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies?
b.public/private wastewater treatment utilities? ❑✓ ❑
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater, air quality,flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Paget of 2
Agency Use Only[If applicable]
Project:Terepka-Stewart Sub
Date: May 17, 2022
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-
term,long-term and cumulative impacts.
The proposal involves subdividing a 96+/-acre parcel into two parcels. Parcel A(509 Coddington Road,
17.5+/-acres), contains a home and a pond. Parcel B (vacant, 78.6+/-acres) contains a pond, woods, and a
conservation easement located east of the South Hill Recreation Way. The property is located in the Low
Density Residential Zone and Conservation Zone.After subdivision, both proposed parcels will exceed the
dimensional requirements of the zones in which they are located.
The 96+/-acre property, located on Coddington Road, contains a residence with accessory buildings, along
with open fields, large wooded areas, several small streams, and two ponds. The South Hill Recreation Way
dissects the property. The portion of the property located east of the Recreation Way is within Tompkins
County Unique Natural Area#156 (Six Mile Creek). This portion of the property (part of Parcel B) also
contains a conservation easement with the Finger Lakes Land Trust, which offers protection from uses that
could otherwise harm the ecological value of the land within the easement area. The property owner plans
to eventually construct a small home on Parcel B, near the pond,which is close to Coddington Road and
nearly 800ft from the conservation easement. There are no other water bodies, steep slopes, known
threatened or endangered plant or animal species, or historic or archaeological resources on or near the
proposal.
Regarding Part 1, number 13a -There are two ponds on the property, one on Parcel A and one on Parcel B.
The smaller of the two ponds, on Parcel B, has existed on the property since at least 1980 (according to the
Cornell Digital Library of Aerial Photography). There are also several unregulated streams that cross the
part of Parcel B in the conservation easement area. The subdivision of the property will have no impact on
the ponds or streams, and any subsequent future development of Parcel B would require standard erosion
and sedimentation controls to mitigate potential impacts to any waterbodies.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
❑� Check this box if you have determined,based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Ithaca Planning Board
Name of Lead Agency Date
Liebe Meier Chair
Print or Type Name of Responsible Officer in Lead Agency itle of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature o Preparer(if different from Responsible Officer)
Page 2 of 2
EAF Mapper Summary Report Monday, May 9, 2022 8:39 AM
Disclaimer: The EAF Mapper is a screening tool intended to assist
C. project sponsors an reviewing agencies. in preparing an environmental
..... m ,,,, ..... .. .... fa„ ies
assessment form(EAF).Not all questions asked in the EAF are
� aa ( ( ) D ryd el answered by the EAF Mapper.Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
u DEC,you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper.Digital data is not a
10w�'i°f�"` substitute for agency determinations.
3
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Is�rI �MBriiT'iaiiP��nd)a �;l ��( q�;N0i')aiStiPe4 �,La s.�r�kl�Y��aks.ara, and the :al l,.l� r ;rarrrrrrwu� d� rl ..;�7a trYdh,i u.�irtnL," �,,wl lt�7 1 hl��l �ralrrrrrwu� ,
auk
Part 1 /Question 7 [Critical Environmental No
Area]
Part 1 /Question 12a [National or State No
Register of Historic Places or State Eligible
Sites]
Part 1 /Question 12b [Archeological Sites] No
Part 1 /Question 13a [Wetlands or Other Yes - Digital mapping information on local and federal wetlands and
Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 1 /Question 15 [Threatened or No
Endangered Animal]
Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 /Question 20 [Remediation Site] No
Short Environmental Assessment Form - EAF Mapper Summary Report 1
PROPOSED RESOLUTION: Preliminary & Final Subdivision Approval
Terepka-Stewart 2-Lot Subdivision
509 Coddington Road
Tax Parcel 51.-1-1
WHEREAS:
1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot
subdivision located at 509 Coddington Road, Town of Ithaca Tax Parcel No. 51.-1-1, Low Density
Residential Zone, and Conservation Zone. The proposal involves subdividing a 96 +/- acre
property into two lots consisting of: Parcel A, a 17+/- acre lot (509 Coddington Road) that contains
an existing residence, and Parcel B, a 78+/- acre vacant lot. This is an Unlisted Action under the
State Environmental Quality Review Act and is subject to environmental review. Raymond
Terepka and Nancy Stewart, Owners/Applicants;
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, as lead agency in the
environmental review with respect to the project, has on May 17, 2022, made a negative
determination of environmental significance, after having reviewed and accepted as adequate a
Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3
prepared by the Town Planning staff;
3. The Planning Board on May 17, 2022,has reviewed and accepted as adequate a narrative, a
subdivision plat titled"Survey Map No. 509 Coddington Road, Town of Ithaca, Tompkins County,
New York,"prepared by T.G. Miller P.C., dated 3/23/2022, and other application materials;
NOW THEREFORE BE IT RESOLVED:
1. That the Planning Board hereby waives certain requirements for Preliminary and Final Subdivision
Approval, as shown on the Preliminary and Final Subdivision Checklists,having determined from
the materials presented that such waiver will result in a significant alteration of neither the purpose
of subdivision control nor the policies enunciated or implied by the Town Board; and
2. That the Planning Board hereby grants Preliminary & Final Subdivision Approval for the proposed
Terepka-Stewart 2-Lot Subdivision, as shown on the plans noted in Whereas #3 above, subject to
the following condition:
a. Filing of the approved plat with the Tompkins County Clerk Office, and submission of a copy
of the receipt of filing to the Planning Department.
$.
R CE�iVEO 'c
•REAL ESTAi E -
cM DEC 0 1991 � IIBIR. 666 PAGE 709
r
1Uw�;'lti�d�
COUNTY
DEED OF CONSERVATION EASEMENT
THIS GRANT DEED OF CONSERVATION EASEMENT is made this 21st
day of December, 1991, by NANCY B. STEWART and RAYMOND H. TEREPKA,
wife and husband of 509 Coddington Road, Ithaca,.New York ("Grantors"), in favor of
FINGER LAKES LAND TRUST, a not-far-profit New York corporation [qualified to
do business in New York] having an address at P.O. Box 4745, Ithaca, New York
14852-4745, hereinafter referred to as "Grantee",
WHEREAS, grantors are the sole owners in fee simple of certain real property
in the Town of Ithaca, County of Tompkins, State of New York, more particularly
described in Exhibit A attached hereto and incorporated by this reference, hereinafter
referred to as the 'Property", and
s
WHEREAS, the property possesses significant scenic views from public areas; a
significant natural habitat for wildlife and plants, and; tributaries of Six-Mile Creek and
the City of Ithaca Reservoir which are hereinafter collectively referred to as
"conservation values" which conservation values are of great importance to the grantors,
the grantees, and the people of the Town of Ithaca, County of Tompkins, State of New
York, and
WHEREAS, the specific conservation values of the property are documented in
an inventory of relevant features of the property dated December 19, 1991, on file at
the office of the grantee,incorporated by this reference and designated as 'Baseline
Documentation", which consists of reports, maps, photographs, and other
documentation that the parties agree provide, collectively, an.accurate representation of
the Property at the time of this grant and which is intended to serve as an objective
information baseline for monitoring compliance with the terms of this grant; and
WHEREAS, grantors intend that the conservation values of the property be ]
preserved and maintained; and that land use patterns existing at the time of this Grant,
including but not limited to farming and passive recreation, that do not significantly 1
impair or interfere with those values, be allowed to continue; and
WHEREAS, grantors further intend, as owners of the property, to convey to
grantee the right to preserve and protect the conservation values of the property in
perpetuity; and
WHEREAS, grantee is a publicly supported, tax-exempt not-for-profit
organization, qualified under § 501 (c)(3) and 170(h) of the Internal Revenue Code,
whose primary purpose is the preservation, protection, or enhancement of land in its
natural, scenic, educational, historical, agricultural, forested, and/or open space
condition; and
WHEREAS, grantee agrees by accepting this Grant to honor the intentions of
grantors stated herein and to preserve and protect in perpetuity the conservation values
of the property for the benefit of this generation and the generations to come; and
NOW, THEREFORE, in consideration of the above and the mutual covenants,
terms, conditions, and restrictions contained herein, and pursuant to the New York
State Environmental Conservation Law, §49-0301, grantors hereby voluntarily grant and
convey to grantee a conservation easement in perpetuity over the property of the
nature and character and to the extent hereinafter set forth ("Easement").
1. Purpose. It is the purpose of this Easement to:
a) assure that, except as provided herein, the property will be retained and
managed forever in a natural and scenic condition, thus protecting significant natural
habitat for wildlife and plants, and significant scenic views of the property from the
South Hill Recreation Trail, the Mulholland Wildflower Preserve, State Route 79,
residential areas, and Cornell University;
• LIBER 666 PACE 71.0
EXHIBIT A
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca,
County of Tompkins, State of New York, being a part of Military Lot 97, inore
particularly bounded and described as follows:
COMMENCING at a point marking the northeast corner of the Grantors herein
(612/321) which point is located North 59' 53' East along an old fence and hedgerow, a
distance of 2,622.6, feet from a point in the centerline of Coddington Road marking
the northwest corner of the Grantors; running thence from said starting point the
following courses and distances along the westerly line of lands reputedly of the City of
Ithaca:
1. South 31° 04' East a distance of 740.1 feet to a monument;
2. South 30° 7' East a distance of 789.9 feet to a monument;
# 3. South 33° 30' East a distance of 460.2 feet to a monument;
4. South 33° 30' East a distance of 369.8 feet to an iron pipe set in the repute
west line of lot 98;
running thence South 8° 47' West a distance of 291 feet to an iron pipe; running
thence North 81° 10' West along an old fence and hedge a distance of 896.3 feet to a
point; continuing thence North 79° 23' West along said fence and hedge to the easterly
line of the former rail road right of way now reputedly owned by New York State
Electric & Gas Corporation (429/212); running thence Northerly along the easterly line
of New York State Electric & Gas Corporation to its point of intersection with the
northerly line of the Grantors herein; running thence North 59, 53' East along an cld
fence and hedgerow and passing through a monument to the pipe marking the point or
place of beginning, intending to describe all of the land of the Grantors herein east of
the New York State Electric & Gas Corporation premises.
BEING a portion of the same premises conveyed to the Grantors herein by
deed of Mary MacEachron Smith, dated August 19, 1985 and recorded in the
Tompkins County Clerk's Office on September 17, 1985 in Liber 612 of Deeds at Page
�) 321.
1 EXCEPTING and RESERVING the parcel conveyed to William Morris by Eva
Almeda Stephens by deed dated August 18, 1902 and recorded in the Tompkins
County Clerk's Office in Liber 157 of Deeds at Page 298 which is labeled on the
survey map referred to below as "except area following 6494 feet contour" located near
the northwest corner of the described premises.
I
SUBJECT ALSO any utility rights of ways or easements that may affect the
premises.
REFERENCE is hereby made to a survey map prepared by T.G. Miller
Associates, Egineers and Surveyors, Richard A. Slade, LLS O49060, dated July 22, 1985
E entitled "SURVEY MAP LANDS OF MARY SMITH LOCATED ON
CODDINGTON ROAD, MIL. LOT 97, TOWN OF ITHACA, TOMP. CO., NEW
YORK", which survey map was filed in the Tompkins County Clerk's office in Box IX.
a
b
1
FIBER 666 PACE 711
b) prevent any use of the property that will significantly impair or interfere with
the conservation values of the property;
c) protect the water quality of Six-Mile Creek, the public water supply for the
City of Ithaca.
Grantors intend that this Easement will confine the use of the property to such
activities as are consistent with the purpose of this Easement.
2. Rights of Grantee. To accomplish the purpose of this Easement, the
following rights are conveyed to grantee by this Easement:
(a) To preserve and protect the conservation values of the property;
(b) To enter upon the property at least once a year, at reasonable times, in
order to monitor grantors' compliance with, and otherwise enforce the terms of this
Easement, provided that such entry, whenever practicable, shall be upon prior
reasonable notice to the grantors,and grantee shall not unreasonably interfere with the
grantors' use and quiet enjoyment of the property; and
(c) To prevent any activity on or use of the property that is inconsistent with the j
purpose of this Easement, and to require the restoration of such areas or features of
the property that may be damaged by any inconsistent activity or use, pursuant to
paragraph 5 (Grantee's Remedies).
3. Prohibited Uses.
(a) Industrial or commercial use except as provided under "Reserved Rights"
(paragraph 4 below);
(b) Placement, construction or enlargement of parking lots, paved roads,
billboards, buildings, permanent camping accommodations, mobile homes, or other
structures;
(c) Tree cutting except as necessary under any activity permitted under Reserved
Rights; Any tree cutting shall be subject to the condition in "Prohibited Uses" (f);
(d) Dumping or disposal of wastes, refuse, or debris on the property, except for
plant materials.generated on the property, and disposed of at least 200 (two hundred)
horizontal feet from any wetland, stream or other body of water, and in a manner s
consistent with the purpose of this Easement;
(e) Any alteration of the topography, including, but not limited to, the
excavation or removal of soil, sand, gravel, rock, or sod;
(f) Any use or activity that causes or is likely to cause significant degradation of
the land from a natural condition or significant sedimentation or pollution of any
surface or subsurface waters;
(g) Any manipulation or alteration of any stream or wetland on the property;
(h) Any use of the property and any activity thereon which is inconsistent with
the purpose of this Easement.
4. Reserved Rights. Grantors reserve all rights accruing from their ownership of
the property, including the right to engage in or to permit others to engage in all uses
of the property that are not expressly prohibited herein and uses that are not in
conflict with the purpose of the Easement. Without limiting the generality of the
foregoing, grantors reserve the right to:
(a) Engage in agricultural uses in accordance with ecologically sound and
sustainable agricultural practices and in accordance with a farm conservation plan
prepared or approved by the District Conservationist of the USDA Soil Conservation i
Service or the County Soil and Water Conservation District or the grantee.
"Agricultural uses" that shall be permitted are: pasturing and grazing of livestock;
breeding and raising bees; planting, raising, harvesting, and producing agricultural and i
horticultural crops and products; sale of, and appropriate roadside signage for, crops
and products harvested and produced on the property.
(b) Construct unpaved access road as may be needed for any agricultural or
other activity permitted herein.
X�
IiBER 666 PAGE 712
1
s
a
c Engage in, and permit others to engage in, recreational uses of the property,
� OPP PrtY,
including, but not limited to skiing and hiking, that neither require nor produce
significant surface alteration of the land, and that are consistent with the purpose of
this Easement;
(d) Maintain and/or create foot trails;
(e) Cut Christmas trees and firewood for personal use; cut trees in order to
remove a hazardous condition.
4.1 IN ADDITION, the grantors may, after providing thirty (30) days written
notice to grantee:
(aa) Sell, give, lease, or otherwise convey the Property, subject to the terms of
this Easement.
(bb) Harvest timber in accordance with ecologically sound forestry conservation
practice, on a sustained yield basis, and in accordance with a plan approved by the
grantee.
I
5. Grantee's Remedies: If grantee determines that grantors are in violation of
the terms of.this Easement or that a violation is threatened, grantee shall give written
notice to grantors of such violation and demand corrective action sufficient to cure the
violation. Where the violation involves injury to the property resulting from any use of
activity inconsistent with the purpose of this Easement, grantee shall require restoration
of the injured portion of the property.
If grantors fail to cure the violation within thirty (30) days after receipt of notice
thereof from grantee, or under circumstances where the violation cannot reasonably be
cured within a thirty (30) day period, fail to begin curing such violation within the thirty
(30) day period, or fail to continue diligently to cure such violation until finally cured,
grantee may bring an action at law or in equity in a court of competent jurisdiction to
enforce the terms of this Easement, to enjoin the violation, by temporary or
permanent injunction, to recover any damages to which it may be entitled for violation
of the terms of this Easement or injury to any conservation values protected by this
Easement, including damages for the loss of scenic, aesthetic, or environmental values,
and to require the restoration of the property to the condition that existed prior to any
such.injury.
Grantee, in its sole discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the property. If grantee, in its sole discretion,
determines that circumstances require immediate action to prevent or mitigate
significant damages to the conservation values of the property, grantee may pursue its
` remedies under this paragraph without waiting for the period provided for cure to
expire, provided grantee makes every reasonable effort to give grantor prior notice.
Grantee's remedies described in this paragraph shall be in addition to, and not in
limitation of, any other rights and remedies available to the grantee for enforcement of
this Easement.
At the request of either grantor or grantee, before any legal action is taken, a
mutually agreed upon third party may be brought in to mediate a dispute.
5.1 Costs of Enforcement. Any reasonable costs incurred by grantee in
enforcing the terms of this Easement against grantors, including, but not limited to,
costs of suit and attorney's fees, and any costs of restoration necessitated by grantors'
violation of the terms of this Easement shall be borne by the grantors. If grantors
prevail in any action to enforce the terms of this Easement, grantors' costs of suit,
including, but not limited to, reasonable attorneys' fees, shall be borne by grantee.
5.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at
the discretion of grantee, and any forbearance by grantee to exercise its rights under
this Easement in the event of any breach of any term of this Easement by grantors
shall not be deemed or construed to be a waiver by grantee of such term or of any
subsequent breach of the same or any other term of this Easement or of any of
f.
grantee's rights under this Easement. No delay or omission by grantee in the exercise
IIBER 666 PACE 713
I
of any right or remedy upon any breach by grantors shall impair such right or remedy
or be construed as a waiver.
i
5.3 Acts Beyond Grantors' Control. Nothing contained in this Easement shall
be construed to entitle either grantors or grantee to bring any action against the other
for any injury to, or change in, the property resulting from causes beyond grantors'
control, including but not limited to, fire, flood, storm, and earth movement, or from
any prudent action taken by grantors under emergency conditions to prevent, abate, or
mitigate significant,injury to the property resulting from such causes.
6. Access. No right of access by the general public to any portion of the
property is conveyed by this Easement. The property shall remain for private use and t
may be posted by the grantors.
7. Costs and Liabilities. Grantors retain all responsibilities and shall bear all
costs and liabilities of any kind related to ownership, operation, upkeep, and
maintenance of the property, including the maintenance of adequate comprehensive
general liability insurance coverage. All future liens shall be subordinate to this
Easement.
8. Extinguishment. If circumstances arise in the future that render the purpose
of this Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of
competent jurisdiction, and the amount of the proceeds to which grantee shall be
entitled, after the satisfaction of prior claims, from any sale,exchange, or involuntary
conversion of all or any portion of the property subsequent to such termination or
extinguishment, shall be determined, unless otherwise provided by New York State law
at the time, in accordance with paragraph 8.1. Grantee shall use all such proceeds in a
manner consistent with the conservation purposes set forth herein.
8.1 Proceeds. For the purposes of paragraph 8 and 8.2, this Easement
constitutes a real property_ interest immediately vested in grantee, with a fair market
value that is equal to the proportionate value that the Easement bears to the value of
the property as a whole at the time of this gift. Any increase in value, however, that is
attributable to improvements made after the date of this Grant shall not serve to
increase the value of this Easement. The values at the time of this Grant shall be
those values used to calculate the deduction for federal income tax purposes allowable
by reason of this Grant, pursuant to §170-(h) of the Internal Revenue Code of 1954, as
amended. For the purposes of this paragraph, the ratio of the value of the Easement
to the value of the property unencumbered by the Easement shall remain constant.
8.2 Condemnation. If the Easement is taken, in whole or in part, by exercise of
the power of eminent domain, grantee shall be entitled to compensation in accordance
with paragraph 8.1 and applicable law.
9. Assignment. This Easement is transferable by grantee, but grantee may assign
its rights and obligation under this Easement only to an organization that is a qualified
organization at the time of transfer under §170(h) of the Internal Revenue Code of
1954, as amended (or any successor provision then applicable), and the applicable
regulations promulgated thereunder, and authorized to acquire and hold conservation
easements under the New York State statute (or any successor provision then
applicable). As a condition of such transfer, grantee shall require that the conservation
purpose that this Grant is intended to advance continue to be carried out.
10. Subsequent Transfers. Any subsequent conveyance including, but not limited
to, the transfer, lease, or mortgage of the property or a portion of the property, shall
be subject to this Easement. Grantor agrees that any deed, lease, or other instrument
evidencing or effecting such conveyance shall contain language substantially as follows.
'This conveyance, lease, deed, mortgage, etc, is subject to a Conservation Easement
dated December 21, 1991 and December 23, 1991 which runs with the land and which
-
1:7!
LIBIR 666 PAU 714
was granted to the Finger Lakes Land Trust, and recorded in the Tompkins County
Clerk's Office". Grantors further agree to give written notice to grantee of the transfer
of any interest at least thirty (30) days prior to the date of such transfer. The failure
of grantors to perform any act required by this paragraph shall not impair the validity
of this Easement nor limit its enforceability in any way.
11. Certificates of Compliance. Upon request by the grantors, grantee shall
within thirty (30) days execute and deliver to grantors any document, including an
estoppel certificate, that certifies grantors' compliance with any obligation of grantors
contained in this Easement, and otherwise provides evidence of the status of this
Easement as may be requested by grantors.
12. Notices. Any notice, demand, request, consent, approval, or communication
that either party desires or is required to give to the other shall be in writing and
either served personally or sent by first class mail, postage prepaid, addressed as shown
in this Grant or to such other address as either party from time to time shall designate
by written notice to the other.
13. Recordation. Grantee shall record this instrument in timely fashion in the
official records of Tompkins County, New York, and may re-record it at any time as
may be required to preserve its rights in this Easement.
14. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall
be governed by the laws of the State of New York.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the Grantee to
effect the purpose of this Easement and the policy and purpose of NYS Environmental
Conservation Law 49-0301. If any provision of this instrument is found to be
ambiguous, an interpretation consistent with the purpose of this Easement that would
render the provision valid shall be favored over any interpretation that would render it
invalid.
(c) Severability. If any provision of this Easement is found to be invalid, the
remainder of the provisions of this Easement shall not be affected thereby.
(d) Entire Agreement. This instrument, and the documentation referred to
herein, set forth the entire agreement of the parties with respect to the Easement, and
supersede all prior discussions, negotiations, understandings, or agreements relating to
the Easement. No alteration or variation of this instrument shall be valid or binding
unless contained in an amendment that complies with paragraph 15 (Amendment).
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantors' title in any respect.
(f) Joint Obligation. In the event that more than one individual joins in the
execution of this document as Grantor, said Grantors are subject to this Easement both
jointly and severally.
(g) Successors. All covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective representatives, heirs, successors,and assigns, and shall continue as a
servitude running in perpetuity with the property.
(h) Termination of Rights and Obligations. A parry's rights and obligations under
A this Easement terminate upon transfer of the party's interest in the Easement or
property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
(i)'Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the
event of any disparity between the counterparts produced, the recorded counterpart
shall be controlling.
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uacR 666 PAGE 715
15. Amendment. If circumstances arise under which an amendment to or
modification of an Easement would be appropriate, grantors and grantee are free to
jointly amend this Easement by written document, signed and duly acknowledged, as l
with the case of the original agreement; provided that no amendment shall be allowed
i that will affect the qualification of this Easement or the status of grantee under any
applicable law, including ECL §49-0301 or §170(H) of the Internal Revenue Code of
1954, as amended, and any amendment shall be consistent with the purpose of the
Easement, and shall not affect is perpetual duration. Any such amendment shall be i
recorded in the official records of the office of the Clerk of the county of Tompkins, k
State of New York.
TO HAVE AND TO HOLD unto the grantee, its successors, and assigns }
forever.
IN VA TNESS WIEREOF, grantors and grantee have set their hands on the
day and year first above written.
NANCY B TEWART
YMOND-8. TEREPKA
FINGER LAKES LAND TRUST,
by, BIY DARLINGTO ,
Director U f.,and Protection
STATE OF NEW YORK)
COUNTY OF TOMPKI S) ss.:
On this 21st day of December, 1991, before me personally came NANCY B.
STEWART and RAYMOND H. TEREPKA, known to me to be the individuals
described in and who executed the foregoing instrument and they acknowledged to me a
that they executed the same.
ALK �JA�n3=w A S
Notary FuM c,s,!-e n, New York
N , � i a i
rl
. , une U It
Trn: i
STATE OF NEW YORK) f
COUNTY OF TOMPKINS) ss.:
i
On this 21st day of December, 1991, before me personally came B�"SY 0 3-4e
DARLINGTON, to me known, who being by me duly sworn that she is the Director of
Land Protection of Finger Lakes Land Trust, the corporation described in, and which
executed the above instrument; that she knows the seal of said corporation; that the
seal affixed by order of the Board of Directors of sai torpor tion and that she signed
her name thereto by like order.
o ublic '
i
JAh1r S A.SALK JAMES A
Pu State of
Notary Puhhr,St,r(,of New York Notary Nfoc4685264NeWYork
No 4086264 Qualified in Tompkins coun
Qualified it)Tom;;iun<.Coun Term Expires August 31,19
Term ExpiresAug,rsr 31, 1;
fornpkin Cnrn,ry, ss: y //
Re orded an the ..............3.a..,.....� ° "f LJ � 9.9 .
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of page .,...,...'LR,9.............. and gnined.�r � ,,.,. .�e(n+I.w QT......... Clerk