(Part 3 of 3 of "The Curse of Enlightenment")
NY State Office of Parks, Recreation and Historical Preservation: Political influence apparently did the trick with OPRHP.
Daniel Kane, OPRHP's Director of Resource Management, initially expressed strong opposition to the Widewaters project because of its potential for destroying the scenic view from Buttermilk's trails.
"(The) overlook is a key location for our nature interpreter to stop with patrons on the gorge tour and discuss the geologic history of the Ithaca/Cayuga Lake area," Kane commented to the city's draft-Generic Environmental Impact Statement (d-GEIS) on Feb. 14, 2000.
"The site of the open floodplain in the near viewshed provides the opportunity to explain the appearance of the area centuries ago. The Finger Lakes Region's interpretive staff routinely hear from our park patrons how unique and diverse the landscape of the park is with the city right next door. They still experience a sense of isolation because they cannot see the high-density development along N.Y.S. Route 13."
Kane also expressed serious concerns about ongoing noise associated with operation of such a large retail facility. He concluded that the overall impact of the development would spoil the experience of park patrons during the day in recreation areas, and at night in the campgrounds.
Meanwhile, Cohen was playing political card games.
Greasing the Wheels
Documents obtained through the Freedom of Information Law show that on January 12, 2000, the mayor contacted Jack Clancy (OPRHP's Director, Finger Lakes Region). Clancy relayed Cohen's concern "about what (OPRHP) might say in relation to the proposed `big box' development across from the entrance to Buttermilk" to Al Caccese (OPRHP's Deputy Commissioner For Land Management in Albany). Clancy told Caccese about Cohen's intention to soon contact Ithaca-rep Sen. James Seward and Republican Majority Leader Sen. Joe Bruno.
Clancy e-mailed Caccese, "I would not be surprized [sic] if one or both of the Senators then contacts (OPRHP's) Commissioner (Bernadette Castro) about this issue. Would you please alert the Commissioner to that possibility (sic)."
Seward hosted a February 4, 2000 meeting in his office with Cohen and OPRHP officials. On July 7 Seward's Chief of Staff, Duncan S. Davie, facilitated a phone conference with OPRHP's Kane and Caccese; lobbyist and former state senator, Tarky Lombardi; and Widewaters' Executive Vice President Joseph R. Scuderi.
Seward received a $200 campaign contribution on July 11 from Joseph Scuderi (either Widewaters' founder Joseph T. Scuderi or his son Joseph R.). This $200 from outside Seward's district may not seem like much money, but it's certainly a "wink." Seward had little need for cash last year, since he had no Democratic Party opponent for re-election. Also in 2000, Joseph R. Scuderi contributed $750 out of his district to Sen. Bruno. OPRHP approved the development after Widewaters agreed to restrict deliveries at the proposed shopping center after 10 pm and before 7 am between May 15th and Columbus Day. The developer also "conceded" minimal design changes that would still destroy Buttermilk's viewshed. On July 20, Kane wrote to Ithaca's Planning and Development Board, "Given these concessions on issues directly impacting the stewardship of our resources, we feel that adequate mitigation has been accomplished to alleviate our concerns." Huh?
State Attorney General Investigation
On Aug. 4, 1999, former mayor Nichols suggested that state Attorney General Eliot Spitzer conduct "an objective, thorough investigation of the city's actions" with regard to the barbershop matter and suspension of Eckstrom. Later that day, Cohen phoned Spitzer and formally requested an investigation of his office regarding the barbershop.
The A.G. wrote back in September, retaining the option to conduct "an independent, thorough, and fair review (of) officially-sanctioned race discrimination" following the Eckstrom-related legal proceedings.
Spitzer's probe must now include OPRHP's about-face, Eckstrom's preconditions for the Widewaters permit and his subsequent dismissal.
Readers may phone Spitzer's office at (518) 474-8096 or email him at espitzer@oag.state.ny.us.
City Hall Attracts Lawsuits
Protect Our Parks and Neighborhoods (POPAN) is a citizens' organization that has raised more than $30,000 since last fall to wage two lawsuits against the city.
Citizens have already won POPAN lawsuit # 2 filed in January against the city's Planning and Development Board. The board acknowledged in February that its site plan review was conducted improperly. It scheduled a hearing on Feb 27 to remedy "a procedural error," as the Journal has persistently downplayed the City's legal collapse. The meeting never happened after Widewaters pulled its plan from the table.
POPAN lawsuit #1 was filed on December 26, 2000 challenging the legitimacy of the GEIS. The suit includes allegations related to noise, loss and despoliation of natural area, increased traffic, the destruction of views and loss of property values.
Widewaters is also suing the City. Despite the city granting use of the adjacent park (Negundo Woods) for both buffer and vegetative screening, and for drainage of toxic runoff from its parking lot, the developer is suing to avoid providing access to the park through its property. Widewaters is also contesting the $1.1 million mitigation fees for transportation (i.e. road "improvements," traffic calming, etc.) and for its share of costs for preparation of the GEIS
Politically, Cohen and his council cronies have gathered minimal support for the project by stressing the idea of Widewaters' paying additional infrastructure costs. Widewaters has a valid argument, however, since Cohen didn't inform the developer about the full mitigation costs until six months after council approved the sale and work began at the site. The Sixth District for New York's Supreme Court has repeatedly delayed hearing the two remaining lawsuits against the city. The hearing is finally scheduled for May 11th, as this article was going to press.
Ithaca's citizens are prepared to legally appeal as far as necessary to save Buttermilk Falls and our lovely small city. Unlike Widewaters and City Hall, however, we need to raise money for expensive lawsuits. Please send donations to: POPAN, 101 E. State Street, #134, Ithaca, NY, 14850. Call (607) 272-7582 or email danbydan@hotmail.com.
Documentation
I received substantial research and editorial assistance from too many people to mention. The bulk of documentation for this article comes primarily from two sources: CPA's website www.cpatompkins.org offers extensive documentation on Ithaca's development issues, including the Widewaters' permit. Also extremely valuable was Barbara Regenspan's "Targeting Ithaca," in the November 2000 issue of Ithaca's Bookpress (www.thebookery.com).
Readers may contact me by email at citizenjournalist@att.net.
Darkness and Light
The natural creation has long been under siege by the exploitation of ruthless profiteers. And, such darkness has always hidden its ugliest secrets from the light. Ithacans have learned that "enlightenment" means being creative and seeing more, but it doesn't keep the powerful forces of darkness away. The "curse"--and the reward--of enlightenment is eternal vigilance.
May the light prevail!
