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HomeMy WebLinkAboutMN-PDB-2016-03-291 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 VERBATIM REPORTING & VIDEO (800) 368 - 3302 1 CHAIN WORKS DISTRICT REDEVELOPMENT PROJECT Draft Generic Environmental Impact Statement PUBLIC HEARING March 29, 2016 LEAD AGENCY: City of Ithaca Planning and Development Board City of Ithaca, 108 East Green Street Ithaca, NY 14850-5690 MODERATOR: Adam S. Walters, ESQ., Special Counsel to City Planning and Development Board PHILLIPS LYTLE, LLP One Canalside, 125 Main Street Buffalo, New York 14203-2887 BOARD MEMBERS: Garrick Blalock, Chair Robert Lewis MaKenzie Jones-Rounds Mark Darling John Schroeder REPORTED BY: Delores Hauber, Shorthand Reporter, Notary Public 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 MR. BLALOCK: Welcome, everybody, to the public hearing of the Draft Environmental Impact Statement for the Chain Works District. I'm here as the chair of the planning board and I believe we have a quorum of the board here. If we can have the board members introduce themselves. MR. LEWIS: Rob Lewis, member of the planning board. MR. DARLING: Mark Darling, member of the planning board, liaison with public works. MS. JONES-ROUNDS: MaKenzie Jones-Rounds, member of the planning board. MR. SCHROEDER: John Schroeder member of the planning board. MR. BLALOCK: What would the members of the planning board like to do? MR. DARLING: I would like to move to open the public hearing. MR. BLALOCK: Is there a second? MS. JONES-ROUNDS: Second. MR. BLALOCK: All those in favor. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 (ALL IN FAVOR.) MR. BLALOCK: The public hearing is now open and Adam Walters is going to explain how the process is going to work. MR. WALTERS: Good afternoon, everyone. My name is Adam Walters. I'm an attorney at Phillips Lytle and I'm special counsel to the City Planning and Development Board for purposes of the Chain Works Project DEIS. My practice focuses on land use and development and in particular the State Environmental Quality Review Act. SEQRA is a complex law. Most people find, if not very difficult to understand, at least challenging and somewhat confusing. In its broadest possible terms SEQRA has two basic purposes. First, it requires governmental agencies to document their decision making and in particular to identify adverse environmental impacts that may result from government actions. In this case we're talking about specifically adverse environmental impacts that will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4 result from the Chain Works Redevelopment Project. Second, it requires governmental agencies to mitigate to the maximum extent practicable their adverse environmental impacts associated with their projects. This information, the adverse impacts, is really all spelled out in a document we like to call the Draft General Environmental Impact Statement or DGEIS. DGEIS contains a very detailed project description, a description of different alternatives to the project, a description of the environmental setting, the potential impacts and mitigation measures proposed for the project. The identification of irreversible and irretrievable commitments of resources and unavoidable adverse effects. It also contains a discussion of future environmental reviews for future project related development. This afternoon and this evening the lead agencies will hold a public hearing on the DGEIS and I've be asked to act as the moderator for tonight. A notice of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 adoption of the DGEIS and public notice for the hearing was published in the Ithaca Journal as well as the Environmental Notice Bulletin. And the purpose of tonight's hearing is really to receive comments on the DGEIS. I should stress that the hearing is not intended to be a question and answer session. All of the comments you make tonight will be recorded. We will have an official transcript. Most of the board members are here. They just introduced themselves. They will have a full transcript of everything that is said tonight on the record. And we'll review that very carefully after the hearing. We've kind of taken a little bit of different format. Usually the project sponsor starts off with the presentation, but we wanted to start a little earlier in case there were folks who wanted to make sure they got here a little early to get their comments on the record. So the presentation by the project sponsor is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 going to be at 5:00, or 5:30, an hour and a half from now. If you would like to make your comments after you see the presentation, that's perfectly fine. You can wait. But if you would like to make your comments earlier, we would welcome that. The kind of rules of order for tonight, pretty straightforward. If you haven't already done so, please make sure you sign in on the sign-in sheet at the table. That is our official record of attendance for the hearing tonight. On the sign-in sheet you will find registration cards for speakers. If you would like to speak, all you need do is fill out a registration card. We'll occasionally collect those. Bring them up here. We will call them in the order that we receive them. If you would like to make a comment, but you don't want to get up in front of anybody or speak into a microphone, simply fill out the registration card. Put your comments on the back of the card and hand 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7 it in. That will be part of the official comment record for tonight's hearing. There is a copy of the Draft Generic Environmental Impact Statement right on the back table so feel free to take that. In light of the break we're going to do and looking around I see we are probably not going to have speakers straight through to 5:30, I'm sure we will take a break at some point. I will also use my discretion as moderator to say normally we would put time limits on speaking, at least at this stage in the public hearing. It makes sense to let people go for a reasonable amount of time. We'll say somewhere around eight minutes. That sounds reasonable. Any questions before we get started? I do have one question. SPEAKER: Can you just remind people if they are to speak to speak into the microphone so it can be recorded and if I can get you to raise your microphone. MR. WALTERS: You can. Okay. So as we call speakers, you do not have to come 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8 up front. You can speak from where you are. We would just ask you to stand up and we will hand out a microphone. We will ask you to speak directly into the microphone so everybody can hear you as I am now doing. Shall we take a moment just to pass out cards if anybody, have any cards come in yet? SPEAKER: Anybody else need a card that wants to speak? MR. WALTER: Again you can feel free to wait until after the project sponsor speaks. That means you'll probably be here a little later. The project sponsor is scheduled to go from 5:30 to 6:30. It will be about an hour. It's pretty detailed presentation on the project. If we have got a large crowd after the project sponsor speaks, we may shorten down the time periods available. So if you will have a little more to say, you might want to exercise your option earlier rather than later. Just a thought. Doesn't look like we have any cards yet. I will not tell my 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9 SEQRA joke. Anybody think they would like to speak? If not, we can certainly just table things for a while and pick this up again in a half an hour and see if there are more folks that would like to speak. Wait. There might be a card coming in. MS. JONES-ROUNDS: I have a question about point of order. How long will this public comment period last and how else are people able to make comments? And at which point will the planning board be closing the public hearing? MR. WALTERS: Those are really good housekeeping questions. The question is how long and how else can you make comments. And this is the commencement, this is the formal public hearing, but there is an open public comment period on the Draft Generic Environmental Impact Statement. That comment period goes from 60 days from the date of acceptance of the DGEIS by the lead agency. And you can submit written comments directly to the board. Letter format is fine. I believe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10 we take e-mails and we encourage that. Save some paper. And the comment period ends, Lisa, on? For the record the public comment period ends on May 10th, so please get your written comments in before then. Again if you would like to listen to tonight's comments, if you don't want to make a comment tonight here in the presentation, you can review the document at your leisure and write in some comments to the board. This is part of a Generic Environment Impact Statement. The way SEQRA works we do, the project sponsor has put together a Draft Generic Environmental Impact Statement that the lead agency has accepted as adequate for public review. That opens up basically the 60-day comment period. Every substantive comment received on the DGEIS must be responded to. There must be a written response. That will be contained in a document called the Final Generic Environmental Impact Statement, or FGEIS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 11 So for the record there will be a response to every single comment made. To the extent a comment triggers a modification to the Draft Generic Environmental Impact Statement, that too will be contained in the FGEIS. Any comment cards? Anybody would like to kick things off? All right. Everybody's shy. That's okay. Do we want to just table things for maybe 20 minutes and see then if anybody wants to go? The document is here if anybody would like to review it. I would suggest based on where we are, we will check in again at say 5:45 or 4:45 and see if anybody would like to make any comments for the record. If not, we will then adjourn until 5:30 when the project sponsor will do their presentation and I will go through the rules again. But again you're welcome to make comments now. If nobody's interested, I don't think we need a formal motion from the board. We'll simply informally table the hearing so that the transcript reporter can take a break 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 12 because there's been so much so far. Thank you. (RECESS TAKEN.) MR. WALTERS: It's, good afternoon everyone. It is 4:48. And when we broke at about 4:20 I said I'd check back in and see if anybody would like to speak, make any statements on the record prior to the presentation by the developer at 5:30. So I just want to take a moment to ask anybody if they would like to make a statement before the presentation? Looking around the room and seeing no hands, we will take a break then until 5:30 and the project sponsor will do their presentation. Thank you. (RECESS TAKEN.) MR. WALTERS: Good evening, everyone. We are going to, many of you missed some of the earlier announcements. I, as the moderator for the DGEIS public hearing, I will make a number of housekeeping announcements once the project sponsors have completed their presentation, but 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13 without further ado I'll ask the project sponsor to come up and do their presentation of the project. (PROJECT PRESENTATION.) MR. WALTERS: Again for the record my name is Adam Walters. I'm special counsel to the lead agency, the City Planning and Development Board. As I mentioned earlier the lead agency is holding a public hearing tonight right now on the Draft Generic Environmental Impact Statement and I've been asked by the lead agency to serve as the moderator. A notice of the adoption of the DGEIS and public notice for this hearing was published in the Ithaca Journal and Environmental Notice Bulletin. The purpose of today's hearing is to receive public comments on the DGEIS. I should stress that the hearing is not intended to be a question and answer session. All of the comments as Jamie mentioned will be taken down tonight, they will be transcribed and they will be responded to individually in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 14 the Final Generic Environmental Impact Statement. In terms of the ground rules for tonight's public hearing; first, if you haven't already done so we'd ask that you sign in, sign the sign-in sheet so we have an official record of everybody that is at the hearing. If you would like to speak we would ask you to fill out a speaker registration form. There's not a lot of information on there, but it helps us keep track and helps the stenographer keep track of who spoke. I will just pull these in order. If anybody would like to speak, you do not need to come up here. We will pass you a microphone. We just ask that you stand for purposes of making your presentation. We would ask you to keep your time frame to no more than ten minutes just so that everybody who would like to speak has an opportunity. Speakers will be allowed to use their time to their best advantage without interruption from the floor. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 15 If you are reading from a prepared statement, please keep in mind you can summarize your statement and submit the full text to be entered into the record. Finally, if you are not comfortable making a comment tonight, you may certainly do so in writing. One easy way to do that is simply to fill out the speaker registration card and put your comments on the back. We will collect these. They will become part of the official comment record. But you can also submit written comments again through May 10th, 2016 to the lead agency. Contact information is right there on the screen for you if you would like to write that down. It is also available on the website chainworksdistrict.com. If you go to that website and go to the planning documents, you can down link to the DGEIS. You can also enter DGEIS on the website. You can submit comments directly through the website. Those comments will come to the lead agency. So feel very comfortable 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 16 doing that if you would prefer that alternative. Those really are the ground rules for tonight. With that, does anybody need a card who doesn't have one? Lisa will be happy to deliver one or two. We will take a minute. If you have your card filled out and would like to speak, feel free to bring it up here or pass it back to Lisa and with that we can call people up. Okay. The first speaker is going to be Bob Stundtner. MR. STUNDTNER: Stundtner. MR. WALTERS: Stundtner. I apologize. For my name butchering, I apologize in advance. Mics are coming around. MR. STUNDTNER: So first I think it's really important for me as a neighbor, I live at 333 Spencer Road in the City of Ithaca. I share a 410 foot property line with this project. One of the streams that runs through the project passes through our property, so things flow downhill. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17 I think it's really important to say I think this is a great idea to redevelop this former industrial site into a mixed use property. One of the things I'm a little troubled about is the emphasis on new development outside the actual previously developed area and in particular the development to the south of the site that's currently wild. What I would like to know is if the emphasis of approvals is on the new outside the existing footprint of the buildings areas, what guarantee do we have as a community that the former industrial site will ever be developed? Two, I think it's kind of a problem for me thinking about that sewer line that runs through the southern end of the property. Back in the '80s there was a pretty substantial leak in the town portion of that line. So whenever there was a substantial rainstorm sanitary products, feces, urine, obviously you can see the stuff in the stream flow. So it would be a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 18 wild assumption on my part to think that NCR, the previous owner of the South Hill Business Campus, was such a good citizen that they never dumped any contaminations into their property and this didn't migrate anywhere beyond that, particularly when the sanitary sewer leaked substantially. I've lived on that property at 333 since 1980. I've seen a lot of change in the ecology of our two and a half acres. Deer have a pretty substantial impact on it. I've had deer shot in my yard in the city limits. I've had deer hit by cars and land in the creek bed. I've had to have city police come over and shoot wounded deer in the yard. Like oh, my God, I've never been this close to a deer before, boom. So the notion that developing that south end is going to have some impact with the deer, the deer moving around. Good Lord the deer have decimated the hillside as it is, the ecology of the hillside. Anything of native species in my yard, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 19 small things, shrubs, small plants, all gone. Deer browse them away. So I think that is an understated impact. But my principle concern is that the new portions would get developed and the existing structures would never get developed because we're talking about a huge sum of money here. And I believe your site plan and proposal emphasizes return on investment, which I don't have a problem with, but I would like to see the emphasis put on the existing structures as first steps and good indication of the ultimate development being responsible. MR. WALTERS: Okay. Our next speaker is Rich DePaolo. MR. DEPAOLO: Hi. My name is Rich DePaolo, a resident of Town of Ithaca. I'm also on the Town of Ithaca board. I'm speaking tonight as a citizen and also as a board member, but not on behalf of the Town of Ithaca. I finally got an opportunity to start reading the EIS and supportive documents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 20 today. And I foolishly took it upon myself to add up the total number of pages supplied on the flash drive last Thursday. There are over 80,000 pages including the appendices to the Phase 1 and Phase 2 Environmental Site Assessment. So first I'll say that I would hope that the developer would be open to the idea of requesting an extension to the comment period because I don't think it's realistic to expect residents and municipalities to provide substantive and comprehensive public comment in a 60-day timeframe when we're talking about literally thousands and thousands of pages of material. I did not get past chapter five today. I will admit I read about 20 pages and I came away with one overarching observation and concern which is that the proposed, the proposed remediation and mitigation is so, there's a laundry list of items that are typically applied in situations where sites are extensively contaminated, but there are virtually no specifics related to this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 21 site. And the entire, the future is sort of being weighted out as one that is going to be addressed on a site specific basis as issues come up. And I can tell you that is troubling from a lay perspective and also as a legislature who is being asked to provide permission by zoning for the process to continue. I would like to see more concrete steps. I would like to know based on the fact that the site has been somewhat delineated now and the contamination has been known about for a considerable period of time, I would like to see what the outcome of these discussions between the developer and Emerson and DEC are going to be, how these things are going to take shape over the next however many years it takes to implement them. But I'm hesitant as a legislator to grant what amounts to a blank check to allow for a significant development to take place without knowing whether or not the allowance for the uses that are proposed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 22 are going to be, they are going to result in uses that are happening on a severely contaminated site. So I would say that this has been an issue for decades and the fact that the site hasn't been properly remediated or controlled up to this point does not give me a lot of confidence that granting this sort of carte blanche at this point in time is going to result in the level of remediation I would like to see on the site. MR. WALTERS: Thank you very much. Next speaker is Walter Hang. MR. HANG: Hi. I only found out about this document yesterday evening and I took a really quick look essentially at some of the appendices in chapter five. One thing I would like to clarify is that class two designation is significant threat to the public health or environment action required, closed quote. So the problem with this site is that for something on the order of 30 years it's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 never been cleaned up. So the dual phase vapor recovery groundwater pump treatment of the fire reservoir is ineffective. By going through the documentation the areas of the incredible high level of pollution are just mind boggling. And cutting out the little fire reservoir isn't going to accomplish anything. It's regulatory exceedances for petroleum products, corrugated solvents, heavy metals. It's just absolutely mind boggling. And so this obviously poses a threat as was noted through some vapor intrusion into the possible structures that are proposed to the site. There's going to be fugitive dust problems. There's massive groundwater contamination that's never been cleaned up. So with every investigation the areas of concern, the recognized environmental conditions just become more numerous. So before I get around to reviewing this massive document that is as Mr. DePaolo noted is 80,000 pages, I will offer written 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 24 comments. But I think that the bottom line is that after so many decades of contamination associated with this site, I have no faith whatsoever that the Department of Environmental Conservation is going to require this site to be thoroughly investigated or remediated. The original record of decision was never implemented. Revised record of decision was not implemented. Basically there hasn't been any remedial efforts past the dual phase recovery groundwater treatment system adopted circa '86 or something despite more free flowing product that's not an aqueous safe liquid. There's more contamination leaking out of the site you can shake a stick at. I urge all city and town officials not to approve any rezoning or any project approvals whatsoever until there is an absolutely comprehensive, viable, meaningful cleanup plan that is negotiated openly and transparently so that the public can have confidence that this incredible 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wide range of toxic hazards is going to be resolved once and for all. They just continue to ignore these hazards year after year while the responsible party does everything they can to try to reduce its obligation to monitor the contamination, to deal with the contamination problems that are already known about. I think it's just not a good way to go. And again I think the key thing is everyone wants jobs. Everyone wants low income housing, a good place to live, commerce. I'm all for that generally speaking, but the bottom line is this class two site, it's polluted, massively polluted and hasn't been cleaned up. That's the first priority. And I don't think that engineering, institutional controls, caps and all that leaving the contamination in place is acceptable. I think the bottom line is, and I've advocated this from the very beginning, the high level sources of contaminate has to get dug out. It's source removal and got 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 to go and then ultimately I think this site perhaps could be remediated to the point where it doesn't pose a threat to the people living around it. Many homes have had sub pressurization systems installed, but it's not all clear that they are actually that effective because of the reason that the aerated zone to allow vaporization with the depressurization system since many of the homes are built on bedrock. So I think that this has not been a good situation since I identified the problems at the site maybe 12 years ago when your risk rider said there was no clear declining trend in the groundwater contamination. I think at that time the Trexler was like 28,000. The potable standard is five parts per million. So this is just a continuing problem. And it's just I think irresponsible that it hasn't been resolved and I don't think that these concerns should be ignored any longer. And again I would reiterate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 this project should not receive any of the requested approvals in any way, shape or form until the site is actually remediated on a comprehensive basis in full compliance with all applicable requirements; and I'll put that in writing. Thank you. MR. WALTERS: Thank you. Next speaker is Cynthia Brock. MS. BROCK: Wow, kind of hard to go after Walter. I've been looking at this, I'm Cynthia Brock. I'm a resident of the city and I also serve on the city council. And I like many of us have been watching this project over time before Chain Works came forward and even the possibilities. And like many of us here I see this as an opportunity to try to achieve the types of clean ups that so far we have had no leverage to facilitate. So I'm excited because of that. We have a tool in our hands we didn't have before and that's a good thing. If we all want to see more housing, safe housing we want to see a vibrant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28 community and we want to see every aspect of the city being fully utilized and contributing to the city. So I come at that from this perspective. When I first started thinking about looking at the DGEIS, I wanted to look at the little tiny details that we typically look at when we talk about planning. We think about population and traffic and zoning and so forth. In terms of that I do believe that the DGEIS does not go far enough in analyzing the population impacts for the residents there. It uses an analysis of two people per dwelling unit. But it does no -- it does provide no breakdown at all in terms of what the age of that population might be. And if you don't know the age of that population, therefore it doesn't project what kind of impact on the community it might have. Rutgers University put out a report based on New York census data that says in housing complexes of more than five units for rent, a two bedroom generally houses 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 29 2.5 people and then it breaks down the distribution, how many are preschool age, how many are primary school age, how many 18 to 25, 25 to 45 and so on so you can come up with an idea of what your community will be and their needs. Based on that and the projected 1,830 bedrooms. Instead of a population of 18,030 -- actually no, I guess you would put one, instead of a population of 18,030, it would create a population of 2,300 individuals just about of which about 460 would be in primary school, 230 would be 18 to 24, 970 25 to 44, 311 between 45 and 64. 72 in the ages of 65 to 74. And 109 individuals age 75 or older. That helps us inform when we think about recreational resources. The DGEIS talks about SW1 as being an open green space, but makes no mention of recreational resources that would support 480 primary school individuals that would be living on the site or 230, 18 to 24 year olds. What kind of playground, green space, soccer fields. A population of 2,030 individuals 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 30 is probably the entire population of the flats of which we have several parks, several playgrounds and several community areas and supports and we have replicated that here and the DGEIS has not described how it would mitigate the need for recreational space for the population it will have. The DGEIS also does not include King Street and Stone Quarry in terms of its parking, traffic impacts and for the volume of individuals who are coming down from out of town, I do believe that it will impact those individuals who will just bypass Aurora and go down Stone Quarry to get into town and that should be included in the traffic analysis. I requested it in the scoping document. I was told that it would be included in the scope so I was surprised that it indeed was not included. So once you get away from the sort of nitty gritty, fun things we like to think about when we envision the future and as I started delving into what some people have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 31 said not only 80,000, over a 100,000 pages of this document I am reminded that first and foremost, even though we like to look at the pictures and envision all of this, first and foremost we are dealing with a class two superfund hazardous waste setting. And that in and of itself makes me think, when I'm thinking about traffic and playground feels like I'm putting the cart before the horse because in my understanding the sources of the contamination that they are drawing out of the fire water reservoir has never clearly been identified. They don't know where that source is coming from. They do know that when they go through that pump and treat system year after year after year after year, the level of contamination that they are pulling out is not going down. It's staying pretty much the same. So there is a tremendous source of contamination likely under those buildings that will continue to be a concern. And I do know that when we talk about 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 32 systems and homes, whether or not we're talking about heating systems or air conditioning, water, sewer and so on, they don't work all the time. And we put a tremendous amount of faith in mitigation systems. And when we know that there is an danger underground, I don't have the reliance or the confidence that leaving it there and putting in a soil vapor intrusion system or other system or capping it is actually going to ensure an environment that is going to be protected and safe for the residents who will live there, many of which as I've indicated will be primary school and our youth. So it brings me back to what Rich has said. Until we know what the cleanup plan will be, the comprehensive cleanup plan of the area will be, it is very hard from a zoning standpoint, from a planning standpoint, from a legislator who ultimately will represent a significant portion of these residents, it's hard to put forward a plan that says we want 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 33 residential housing here. And I feel stuck in this chicken and egg scenario. The underlying fact is is that like others have mentioned I have not seen the DEC compel clean up of the area. And I don't have faith that even though we are given the opportunity when the record of decisions come forward to comment on that. I don't have faith that the DEC will compel remediation of the area so that we can be insured that for generations and the future of our children will be safe. And so I'm stuck because I know we have 60 days. There's a lot to look at. There's a lot to analyze. There is a lot I do want to talk about, but I'm not quite sure where to go from there. I will echo Rich's request to extend that 60-day comment period. Not only in looking at the regular planning, traffic, population, all of these other impacts, environmental impacts as it was mentioned here earlier today there were at least, if I can tell, 15 new areas of concern that are delineated 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 34 and outlined in the DGEIS which will, which will need and can benefit from a closer look and we will need additional time just to look at those things. 60 days might have worked for a regular development, but this is a whole different kettle of fish and it deserves a longer period of comment and input. MR. WALTERS: Thank you. Our next speaker is George McGonigal. Anybody else has cards to pass up, now would be the time. This is my last card. MR. MCGONIGAL: Thank you. Like Cynthia, I represent the first ward in the City of Ithaca which includes South Hill. And I won't repeat what has already been said, but I will say I agree with extending the comment period past 60 days. And I agree that this place has to be cleaned up before it can be redeveloped. I've been extremely excited about this project and reusing these buildings and opening up this part of the city and the town is full of possibilities. These 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 35 particular drawings, when it comes to the part of the city that I represent, I have to say I'm shocked at how dense and tall these apartment buildings are. This is a neighborhood of single family homes and you're proposing putting six story apartment buildings in people's backyards. I think that is out of line and I think they will too. Thank you. MR. WALTERS: All right. Would anybody else like to make any comments for the public record on the Draft Generic Environmental Impact Statement? Yes, please. Can you just fill out a card? MR. DESCHERE: I did fill out a card. My name is Ken Deschere. I lived in one of the houses that were shown on your map in South Hill Terrace for the last 35 years. Raised a family there. I worked in the late '70s in the Morse Chain building 21. I'm familiar with the area and some of the problems that are faced by anyone trying to clean up effectively the remediation. And I just want, my biggest thing to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 36 say is thank you to Mr. Lubin and his staff and the people he is willing to spend money on to develop the project. I worked with environmental investigations and developed the website looking at all the pollution and took courses at Cornell and answered all kinds of questions trying to better understand all the pollution and the things left behind by a century of industrial operations. And the more we looked, the more we found, the uglier it was and also the clearer it was that the DEC and Department of Health don't have the time, resources and even inclination to try to really work on solving these problems. What it takes is an investment in time and effort and expertise to try to bring some meaningful project that hopefully will pay good economic rewards to all of us to bring that to fruition. Just looking at the 80,000 documents and the list of acronyms that extends for six pages, it's pretty easy to see this is complicating material and a lot of details 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 37 and a lot of bases that have to be touched and I'm very grateful that someone, an organization is willing to do that to try to improve what's a very big part of the city and has been for a very long time. MR. WALTERS: Thank you. Okay. Did anybody else fill out a card that might not have made its way forward. Okay. We'll do a final call. Would anybody else like to speak tonight and comment on the Draft Generic Environmental Impact Statement? Okay. With that this hearing will remain open. It will be continued to the next planning board meeting and at that point the board will decide whether to close the hearing. But we thank you for your time and attention tonight and for your comments and everyone drive home safe. * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 38 C E R T I F I C A T I O N I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of the same to the best of my ability. ___________________________________ DELORES HAUBER