HomeMy WebLinkAboutSupervisor William Kerr CorrespondenceRobert J. Mines
Attorney and Counselor at Law
402 SAVINGS CfANK BUILDING
ITHACA.NEW YORK 14851
Area Code 607
Telephone AR 2 6J6I
January 4, 1964
William B. Kerr, Esq.
Supervisor
Town of Ithaca
108 West Green Street
Ithaca, N.Y.
Re: M« Jack Herman property
Dear Bill:
M. Jaclc Herman purchased the peters* property on Wednesday,
December 30, 1954. As the new owner, he wishes to formally
request a change in the Zoning Ordinance pursuant to Artcile
IX. I believe that you have in your possession the general
site plan submitted to you a few months ago. My client desires
to construct the units in stages, the first project being the
motel-restaurant with multiple residences to follow shortly,
I understand that both the Planning Board and the Zoning
Officers have been apprised of and have reviewed this request.
We wish to have zoning which would accommodate development along
the lines suggested in this general site plan.
ly yours,
RJHxdes
CC: R. J. Wells
Zoning Officer
Town of Ithaca
108 West Green Street
Ithaca, N.Y.
M. Jack Herman
34 State Street
Rochester, N.Y.
GREATER ITHACA REGIONAL PLANNING BOARD
330 East State Street, Ithaca, New York
City of Ithaca
Town of Ithaca
Village of Cayuga Heights February 6, 1964
Mr# Mlliam Kerr, Supervisor
Town of Ithaca
132 Forest Home Drire
Ithaca, New lork
Dear Billj
New Tork State has a program to assist municipalities in the sound
planning of sewer systems. Financing of these studies is completely
borne by the state.
The intent of comprehensive sewerage studies is set forth in the
attached report. It should be particularly noted that:
1. Studies are made independent of political boundaries so as to
achieve the most economical plant in the long run.
2. Alternate solutions will be proposed along with capital costs
and operating costs of each.
5* The compr^ensive study does not bind any municipality to adopt
the CGQclusions of the report.
The Regional Planning Board has contracted the State Department of
%alth to find out how fast the state would act on our study. We have
assurance that an application will receive top priority. It is conceiv
able that an application submitted by March 6th would be processed by
the middle of April. Engineering studies could COTimence immediately
thereafter.
In view of this opportunity the Regional Board urges that immediate
action on Joint application and sponsorship of such a study be taken by
the City of Ithaca, the Villages of Cayuga Heights and Freeville, and the
Towns of Ithaca, Lansing, Dryden and llysses. To expedite this study we
recomm^d:
1» That tentative boundries designated in the application be in
accordance with the attached map.
2. That the administration of this study be carried out by a newly
created Joint Municipal Survey Comnittee consisting of a represen
tative from each participating municipality.
r
*llr» William Kerr, Supervisor Febrxxary 6, 1964
Town of Itliaca
5, That the Ithaca Town Board appoint a representative to this com
mittee, preferably someone who is qualified to handle the engineer
ing and technical problems involved#
4. That the Joint Municipal Survey Committee be authorized tot
a) prepare an application for state funds to conduct the study;
b) select a consultant to perform the study; c) to administer the
study and direct the consultant; d) to report monthly to the
Ithaca Town Board as the study progresses#
5# That the problems and needs of Cornell University and Ithaca
College be made a part of the study.
6, fh&t the engineering firm of O'Brien and Gere, Syracuse, N. T. be
employed for this study.®
7, That the study be canpleted by Dec. 15, 1964.
The Regional Planning Board offers to cooperate fully with the Joint
Municipal Survey Committee in the undertaking of this project. The Board
strongly feels that a cooperative study, with the active participation of
all municipalities concerned, is the only way to arive at woricable solutions
to our long range development needs.
Attached is a suggested form of resolution. We urge your immediate
consideration.
Sincerely yours,
Robert Mueller, Chairman
Greater Ithaca Regional Flaxming
Board
RMtbc
Bnc#
® This is a well qualified firm already woricLng for the Town of Ithaca and
Lansing and, thereby, having the advantage of prior knowledge of the
problems of "ttie area.
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WHEREAS, the Tomi of Ithaca ifishes to Tjoidertake a comprehensive sewerage
study of the greater Ithaca area pursuant to Section 1263-a of the Public
Health Law; and
WHEREAS, the Town of Ithaca wishes to jointly undertake said study with
the City of Ithaca, Village of Cayuga Heights, Village of Freeville, Town of
<So-|oiOUlysses and Town of Lansing;
NOW, THEREFORE, BE IT RESOLVED THAT:
1* A Joint Municipal Survey Committee be fomed, pursuant to Section
259-n of the General Municipal Law, to make application for said
study and administer and direct said study on behalf of the several
municipalities*
2. 3,K-I4 o u i:-, h is hereby appointed as a member of the Joint(name)—^
Municipal Survey Committee with the power to act in behalf of the
Town of Ithaca.
3« The exact limits of the area to be studied shall be detennined by
the Joint Municipal Survey Committee in conjunction with the New
Tork State Department of Health, Tompkins County Department of
Health and the Engineer*
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J. BURCH McMORRAN
SUPERtNTENDCNT
\98l
OFFICE OF EXECUTIVE DIRECTOR
FOR FLOOD CONTROL
HORACE S. EVANS
EXECUTIVE DIRECTOR
STATE OF NEW YORK
DEPARTMENT OF PUBLIC WORKS
1220 WASHINGTON AVENUE
STATE CAMPUS
ALBANY 26. NEW YORK
April 3, 1964
Supervisor William Kerr
Town of Ifhoco
Ithaca Town Hall
132 Forest Home Drive
Ithaca, N. Y.
Dear Mr. Kerr:
Reference Is made to our telephone conversation of yesterday regarding the Ithaca flood
control project and my request that the Town of Ithaca adopt a resolution assuring loral
participation in this improvement.
I am pleased to send you herewith a suggested resolution. It will be appreciated If the
Ithaca Town Board will consider and adopt it at the regular meeting April 13. It does
not appear necessary to discuss features of the project or to point out that considerable
funds will be expended In the Town and City of Ithaca during Its construction or to
point out that this project will avert, when completed and in operation, untolled dam
ages and perhaps loss of life from storms of major magnitude.
Sincerely yours,
HORACE S. EVANS .
b
cc: E. E. Towlson
W. C. Welch
Mayor Johns
4
Suggested Town Resolution for Participation In Federal Flood Control Pro|ect
WHEREAS, construction of the Ithoco flood control pro|ect Is contingent upon State
execution of a formol assurance of cooperation with the Federal Government, and
WHEREAS, the Stote Is prepared to execute such assurance once It receives from
the Town of Ithoco o formal assurance of local portlclpation,
BE IT RESOLVED, that the Ithaca Town Board assures the New York State Depart
ment of Public Works that It will participate as follows:
1. Furnish without cost to the State of New York any lands, easements
and rlghts-of-way, title to which Is vested In the Town of Ithaco and
which may be required for the project,
2. Assume responsibility for reconstruction, relocation ond protection ef
facilities of all munlclpal ly-owned utilities. Including, but not limited
to, sewer lines, water lines, streets, roads and bridges as required by
the project, ond for cooperation In occordance with any ogreement
governing utilities owned, mointolned or operated In joint venture with
any municipality.
3. A«ume responsibility for Installation and maintenance of protective barri
cades where necessary and r^ulred by the project,
fitdd- cxl^er C Or>S"f r i_*cT I O
4. Asftime responsibility for adoption and enforcoment of such ordinances as
may be necessary to prohibit dumping or encroachment In and upon tbe
project.
5. Aso^me responsibility for controlling development In partially protected
and fringe areos not Included In the project, but located within the
Town, with o view to preventing on undue Increase In the flood damage
potential.
6. Assume responsibility for ordinary maintenance of that section of the proj
ect located within the Town,
OtIN StWALL PrmNGItL. l% ,Oittctot
Pbte* Paui. Kellogg, AnhtMt Dirtaor
William C. Dilgek, Aniitamt Pinctor
Douglas A. Lancaster. Aisiiiami Diwior
Sally F. Hoyt, Adminiitrathi Aiiut4wl
CORNELL UNIVERSITY
LABORATORY OF ORNITHOLOGY
Ithaca, N. Y. 14850
March 22, 1965
Mr, ViUlaa 6. Kerr
201 Savings Bank Building
Ithaca, New York
Dear Mr. Kerrt
About two weeks ago a notice appeared in the Ithaca Journal
to the effect that a well-known Ithaca builder would request the
re-*oning of an area south of Sapsucker Woods between the sanctuary
and Hanshaw road. The Uboratory of Ornithology wishes to go on
record as being opposed to this proooaal by Mr. Lucente.
We believe the re-Eoning of this area (where construction
is now UjBlted to residential h^ies) to permit the building of
apartanent houses is detrimental to one of Ithaca^s roost visited
drawing cards.
The Laboratory of Ornithology is a world-wide center for the
8tu(fy of birds. That it is an asset to the conmunity can not be
denied in view of the facts: The cwmunity does not lend aqjr
financial aid to the observatory or sanctuary except through the
gifts of interested persons and organizationsj yet the community
benefits from the services of the Laboratory and from the visitors
attracted to it from all parts of the nation and foreign countries.
Last year alone the Laboratory of Ornithology hosted roore than
20,000 persons.
Aside from Its alms as an organiaation for research in bird
study, the Laboratory provides a cultural center for its visitors.
S^sucker Woods is a bit of unspoiled wilderness open for all
those who enjoy nature, a quiet retreat. Now, yes. But for how
long? Already the inroads of civilization have detracted from the
sanctuary's serenity. An airport only one-quarter of a mile away
will soon be the scene of regiaar Jet flights. Trucks Imber
noisily along new Route 13 in full view of the observatory only
300 yards away.
Several years ago Mr. Lucente placed before the Zoning Board
V-
of Appeals a proposal to re-zone an area vest of the sanctuaiT' so
that apartanent dwellings could be constructed. The influx of a
great nxunber of people in a limited and adjoining area has had a
detrimental effect on the sanctuary. Children frequently climb
over the fences^ and their dogs burrow beneath them. Now Mr.
Lucente wants to build an even larger number of ^artments that
will brtng well over 300 persons to an area inme<Uately south of
the sanctuary. The sanctuary can not for long withstand such
pressures wj.thout altering its goals and reducing its services.
We believe the coninunity is Justly proud of Sapsucker Woods
and regards it as an asset to the area. The well-being of the
woods and its wildlife is in jeopardy if the proposal for new
apartments is granted. We have been informed that continued and
substantial financial support of the sanctuary by the Arcadia Foun
dation is also in jeoparcfy if the proposal is granted. We urge
that you give careful consideration to the statements of this
letter, and that you will do what you can to see that the zoning
of this area remains as it now stands — for residential hones
only.
Sinceraly your^
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Douglals A. Lancaster
DAL/cw
J. BURCH MCMORRAN
• UPERINTENDeNT
(\PR 09 1981
OFFICE OF EXECUTIVE DIRECTOR
FOR FLOOD CONTROL
HORACE S. EVANS
EXECUTIVE DIRECTOR
STATE OF NEW YORK
DEPARTMENT OF PUBLIC WORKS
1220 WASHINGTON AVENUE
STATE CAMPUS
ALBANY 26. NEW YORK
August 12, 1965
Supervisor William B. Kerr
Town of Ithaca
Ithaca, N, Y,Re: Ithaca Flood Control Project
Dear Mr. Kerr:
This office has had correspondence with the Buffalo District Office of the Corps of
Engineers relating to acquisition of flowage easements to prevent undesirable de
velopment in flood plain areas. Copies of the correspondence and a map showing
the areas are attached. The letters are self-explanatory.
The Town of Ithaca and the City of Ithaca adopted resolutions, on April 13 and
April 13, 1964 respectively, assuming responsibility for controlling development in
partially protected and fringe areas not included In the project but located within
the Town (City) with a view to preventing an undue increase In the flood damage
potential. This is In Item 5 of the resolutions and in effect is a guarantee of proper
zoning.
You are requested to take whatever action is necessary to prevent development in
accordance with your resolution.
Sincerely yours,
HORACE S. EVANS
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cc: W. C. Welch
E. E. Towlson
Col. R. W. Neff
O. m. ARMY ENGINEER DISTRICT, BUFFALO
CORPS OF ENGINEERS
^OOT OF BNIOOl aTRBIT
•UrRALO. NBW YORK MtOT
NCBED j , irt*:!-27 July 1965
Horace S. Evans, Executive Director for Flood Control
Department of Public Works
1220 Washington Avenue, State Campus
Albany, New York 12226
Dear Sir:
We have your letter dated 21 July, in response to dor 7 July
flowa.-e easements at the jpstreamend of the local flood protection project on Cayuga Inlet at Ithaca.
You have apparently misunderstood our reason for requesting these
easements. They a re not intended to reduce damages on the property
i-teelf, which is not now developed and which will not be protected by
the project. The restrictions, on development, which would be assured
by the easements, are necessary to assure proper functioning of the
project as now designed, and should be considered part of the project.
oKct absence of easements, development should take olace and
H ^improved part of the channel, it is probable that thedesign flood would overtop the upper end of the levee on the east side
a:^sure protection, if the area should beallowed to develop, it will become necessary to raise the levee and
consequently to raise Elmira Road (Route 13) across the line of the
In view of the reasons above, it is requested tnat flowage easements
be obtained as described in our 7 July letter.
Sincere]^ yours.
Copy furnished: R. WILSON NEFF £
Earle E, Towlson, District En{p.neer Colonel, Corps of Engifeezs
Syracuse, New York DisUict Engme« RBCBVSir^
JU1291965
BU, ABB HOU. B. B. BAVI»8 BOBBB M ^ cS
July 21, 1965
Colonel R. V/ilson Neff, District Fngineer
U. S. Army Fngineer District, Buffalo
Corps of Fnglneers
Sflb, n!^Y.^'T4M7 - AcquisiHonof riowage Easements in Unprotected
Areas
Dear Colonel:
Refer^ce is mode to your letter of July 7 requesting easements be obtained over certain addi
tional areas outst<fe the oroiect to restrict undesirable development. The subject has been re
viewed by this office and also the Syracuse District office.
Both agree that the tdw of restrictions in the so-called "floodway" and other zones is com
mendable and ,s provided for in Item 5 of the City end Town assurances to the State as a
ro t er of zon.ng. This item provides that the City or Tovrn will "assume responsibility for can-
trolling developer ,n partially protected and fringe areas not included in the protect with a
view to preventing on undue increase In the flood damage potential"
Under the existing Flood Control Law, the Superintendent of Public V.orks is without authority
to acquire easements or other rights outside the area of the flood control proiect or over un
detected areas. It is pointed out thot some 50 acres ore involved and even though authority
for ocquisition of easements or other rights existed, the costs could be prohibitive.
In view of the foregoing, you are advised that the State will rely upon the good fdith and the
wiw edmindtration ^ the City and Town to properly zone the areas as they hove previously
indicafed fhey would do. / r
Sincerely yours.
HORACF S. EVANS
B
S. ARMY KNOINCKR DISTRICT, BUFFALO
CORPS OF KNOINEERS
POOT OP ■Miool OTfiirr
•UPPM.O. MCW YOflK MM?
MPMT*; NCBED 7 July 1965
H* S. Evans, Executive Director for Flood Control
Departaent of Public Works
State Campus, 1220 Washington Avenue
Albany, Nev Tork 12226
Dear Sir:
In view of the possibility of development of the Cayuga Inlet
flood plain in the vicinity of the upstream end of the local flood
protection project, we have considered the need for placing restrictions
on future development in order to assure proper functioning of the
project. The levee on the east bank was designed on the assumption that
the valley, upstream from the drop structure, would remain in its
present condition of limited ievelopment. With a slight increase in
the top elevation at the upstream end of the levee, development can be
permitted in accordance with the restrictions outlined below. Any
further degree of development could raise the water surface, in the
design flood at the upstream end of the levee, so much that protection
could be provided only by raising both the levee and Elmira Road (Route 13)
at the end of the levee at a cost which probably could not be justified.
The proposed restrictions would cover two separate zones shown on
the inclosed map, and would be established by obtaining flowage easements.
In the more restricted (floodway) zone, marked "Easement A", extending
fron the upper end of the project channel to the Lehigh Valley Railroad
right-of-way between the lines marked "floodway limit," including the
present channel and areas on both banks, no new fills, buildings or
other obstructions to flow would be permitted. This area is now, and
will continue to be, subject to frequent flooding. Boundaries shown are
approximate,
"Kie other area, marked "Easement B," lies west of the floodway
and includes a triangular area upstream from the levee between the present
railroad track and the easement for the detour track. In this area, no
new fill would be permitted above elevation 35*7 (present elevations range
BUY AND HOLD U. S. SAVINGS BONDS
NCBED
H. S. Evans, Executive Director for Flood Control
from 392 to 396 east of the railroad, and from 397 to k02 west of the
railroad), and buildings would be limited to half the width of the area.
Building widths would be measured as the projections of their extremities
on lines at right angles to the center line of the east-bank levee.
A third area, marked "Easement C," would permit placing fill east
of Elmira Road, if later surveys should find it to be necessary.
It is requested that easenents be obtained, for the areas, and
containing the terms described above.
Sincerely yours.
1 Incl
as
p « , . ^ WILSON NEFFCopy furnished: p. , « .
E. E. Towlson, District En<;ineer P Enoinews
Departnent of Publis Works Enoin»«
333 East Washington Street
Syracuse, New York
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RECBVn I
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JLIL9 1965
EXECUTIVE DIREaOB
fOR FLOOD CONTROt
UNITED STATES DEPARTMENT OF AGRICULTURE
FEDERAL EXTENSION SERVICE
WASHINGTON O.C. 20250 €t^u£
August 27, 1965
Mr. William B. Rerr
512 Cayuga Heights Road
Ithaca, New York
Dear Mr. Rerr:
I am doing a study of rural zoning for the Federal Extension
Service this summer. The objective is a pamphlet or manual containing
guide lines for county agricultural extension staff and laymen who may
be charged with the responsibility of conducting educational programs
about rural zoning.
In doing it, I am especially concerned with the distinctions
between the counties or towns which have approved rural zoning and the
counties or towns which have failed to approve it or have repealed it
after adoption.
I understand that the town of Ithaca has experienced a zoning
controversy, so your comments on the enclosed questionnaire shall be
most appreciated. It would help in my interpretation if you would
indicate the proportion of the town's population that is rural.
If you know of any other persons who might give me additional
information, I shall appreciate having their names and addresses. (This
includes opponents as well as supporters of rural zoning).
In the use of the data from this questionnaire, your replies to
questions will be kept in strict confidence. Neither your name, the
name of any individual mentioned, nor the name of the town of Ithaca
will be used in the publication. You need not sign the questionnaire
if your prefer.
I much appreciate your assistance in this matter.
Sincerely yours,
William J. Block, Professor
North Carolina State University
Consultant, Division of Resource
Development and Public Affairs, FES
WJBtcs
Enclosures
J. BURCH McMORRAN
SUPERINTENDENT
^ j •■■■ar ■ -'.rAx n.
(S^PR 09
OFFICE OF EXECUTIVE DIRECTOR
FOR FLOOD CONTROL
HORACE S. EVANS
EXECUTIVE DIRECTOR
STATE OF NEW YORK
DEPARTMENT OF PUBLIC WORKS
1220 WASHINGTON AVENUE
STATE CAMPUS
ALBANY 26. NEW YORK
November 5, 1965
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Supervisor William B. Kerr
Town of ithoco
Ithaca, N, Y.Re: Ithaca Flood Control Project
Flood Plain Zoning
Dear Mr. Kerr:
On August 12, 1965 copies of correspondence between the Army Corps of Engineers
and the State of New York, relating to undesirable development in flood plain areas,
were transmitted to you, A mop delineating the areas was attached.
Recent inquiries from the Corps of Engineers stress that they would like a confirmation
from you indicating your awareness of the problem and your willingness to take the
necessary steps to prevent development, in the delineated areas, which would impede
flow into the new channel.
Very truly yours,
HORACE S. EVANS
W. C
Associate Civil Engineer
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cc: E. E. Towlson
Colonel R. Wilson Neff
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|\PR 09
108 East Green Street
1^50
Hovember 12, 1965
State of Now York
Department of Publio Works
1220 Washington Avenue
Albany 26, New York
Re I Ithaca Flood Control
Flood Plain zoning
Mr. H.S. Evans, Executive Director
Dear Sirs
Your letters of August 12, 1965 and November 5,
1965 received and acknowledged. Adequate precautions
have been taken to insure proper development, or to
restrict development where necessary, in the Flood
plain area according to the map received delineating
the various easement areas.
We have also been in contact with other
agencies, City and Regional planning Boards, and
with representatives of known interested developers,
advising of these restrictions.
It is our latent to abide by our resolution
as passed and including your requests regarding these
easement areas.
Very truly yours,
William B. Kerr, Supervisor
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by Robert J. Wells
Zoning Officer, Building Dept.
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C. H. STUART & CO., INC
ESTAB4.ISHEO l(«9
AREA CODE SIS DE 1-1580
October 3, 1966
Mr. Mn. B, Kerr, Supervisor
Town of Ithaca
108 E, Green St.
Ithaca, New York 14850
Dear Mr. Kerrt
As you may judge from the enclosed letters, I have long been daeply inter
ested in the Laboratory of Ornithology at Cornell and the typefprogram it
is carrying on.
This development has been made possible by private contributions, assisted
by Cornell University, Much time and effort has been spent by Staff Menbers
and others to pave the way for still greater future contributions to enable
the Laboratory to accomplish even more in encouraging the study and enjoy
ment of birds for both the layman and the professional Ornithologist.
Any real estate development as proposed will certainly jeopardize the
future of the Laboratory of Ornithology.
As a conscientious public official we know this matter is of concern to
you. We will be grateful for your careful investigation of all the facts
and for a position to uphold the present zoning laws. Thank you.
Sincerely,
TSK/ew
/
T, S. Knight
End.
-Kt-Tf,, ,)^OMPKINS
COUNTY >«»
TRUST
COMPANY MO NORTH TIOGA STREET, ITHACA, NEW YORK 1 4 8 50
C E. TREMAN
Pretidenf
October U, 1966
Mr, William B. Kerr, Supervisor
Town of Ithaca
108 East Green Street
Ithaca, New York lliS^O
Bear Bill:
For many years I have been very much interested in the development
of the Sapsucker Woods Sanctuary and for several years have served as a
member of the Administrative Board of the Laboratory of Ornithology. There
fore, it is in a dual role that I bring to your attention a situation which
may adversely affect the Sanctuary in the years to come.
It is my understanding that Rocco Lucente has submitted to the Planning
Board of the Town of Ithaca a proposed plan for re-zoning the property adja
cent Sapsucker Woods. The plan would re-zone frcan R-l5 (residential housing)
to multiple residence the area north of Hanshaw Road, west of Sapsucker Woods
Road, east of Salem Drive, and south of the Laboratory of Ornithology in
Sapsucker Woods.
Lucente has already built l8 multiple-unit structures along the west
boundary of the Sanctuary. This has greatly increased the number of people
living near the Sanctuary. The new Lucente plan, if approved, would create
the same problem along the south boundary of the Sanctuary. This cannot help
but detract from the approaches to the Laboratory and, more importantly, it
would make the Sanctuary less attractive for bird life.
The Laboratory of Ornithology is a unique attraction which brings to Ithaca
hundreds of visitors every year who would not otherwise come to our ccmimunity.
It has an international reputation idiich should be enhanced by the development
of its resources. In my opinion it would be most unfortunate for an exception
to be made for Lucente idiich is likely to have a detrimental affect on the
usefulness of the Laboratory to Cornell University and to the comimmity.
The area surrounding the bird sanctuary is not the only acreage ^diich
Lucente could devote to the multiple-unit construction he proposes. I strongly
urge the Planning Board and the Town Board to deny the Lucente request. I am
quite sure that the other members of the Administrative Board of the Laboratory
of Ornithology feel as strongly as I do that the Sapsucker Woods area should be
preserved in its present state.
Sincerely yours.
0. E. Trenan, Jr«
CET:lpr President
-2-
The Eastern Heights developers are to be commended, on the other hand,
for the way in which they are planning to preserve as much of the natural
growth as they possibly can. On the other hand, I think it is the respon
sibility of the town to make sure that the type of construction done at
Eastern Heights to date be stopped. I feel this emphasizes the need for
a building inspector in the town to assure that the contractors and developers
conform with the state laws and also build a quality house.
I would be most happy to discuss this with you in further detail during
the latter part of August^'in hopes that something might done. I frankly, at
this time, could not or would not recommend this particular development or
anyone like it to any newcomers here at Cornell University until such time
as the developers change their policy and improve the quality of materials
and the quality of workmanship.
Sincerely,
Alan W. Morrison, Jr.
1542 Slaterville Road
Ithaca, New York
C: Mr. Noel Desch
Signed in Alan Morrison's Absence
Whiton Powell
m
^ 1205 Hanshaw Road, Ithaca, New York 14850
April 16,1969
Mr•William B. Kerr,Supervisor
512 Cavuga Heights Road
Ithaca,N«Y.
Dear Bill*-
I am writing you once again concerning the property on the South-East
comer of Hanshaw and Warren Roads,and its present condition|- it
worsens weekly*
I can understand how a property where a variance was allowed when
zoning was established(because of previous use?in this case a business
in a later residential-zoned area), but I cannot understand how this
allows further increasing variance* I am told the "garage'v/as built
in violation of a zoning-variance request* Last suamer a sheep was
kept in the front yard and the back yard is rapidly becoming an auto
end truck "grBveyard"*It seems apparent that the yard is being used
intermittently as a way-station on a junk trucking route* This is
evidenced by the frequent parking,in the yard, of from one to three
large trailers,sometimes empty and sometimes loaded with scrap metal*
Properties just across the street must be rapidly decreasing in value
in an otherwise rising-value neighborhood;^ only see it as we drive
past*they have to live with it continuously* Surely something can
and must be done to prevent further continuing deterioration and to
bring the property back to "pre-zoning" status,at least*
It is to be regretted that the then-neighbors once objected to the
sale of the property for a multiple dwelling unit,but it is difficult
for me to accept the theory that now,several years laterHnothing
can be done"*
Sincerely,
copies totV*DelRo880
Harry Baker
Andy McElwee
Jane Harris
Noel Desch
Walt Schwann
if,-"
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Ithaca City School District
22 September 1969
Mr. William Kerr
Supervisor, Town of Ithaca
108 East Green Street
Ithaca, New York .14850
Dear Mr, Kerr:
I have heard that the Town may accept new roads in the Eastern Heights
Development (off Snyder Hill Road) in the hear future. When roads are
accepted and maintained, for year round travel, the school district
intends to re-route buses serving the area as follows:
The bus, proceeding west, will turn south and use Sharlene
Drive, Eastern Heights Drive, Joanne Drive and Regency
Lane - then turn west again on Snyder Hill Road. This may
be reversed at some future time or be modified as other
roads are developed.
The re-routing of the school bus will eliminate the need for children
congregating at the corner of Regency and Snyder Hill Road.
I urge the Town to accept these roads, and assume that such action will
not financially burden all Town taxpayers with under road utility line
construction, when such are installed.
Yours truly.
L. William Banner
Assistant Superintendent
LWB:bc
CC: Mr. George Ruggles
Miss Louise Wilson
Mr. Edward Riley, Town Clerk
Mr. Andrew McElwee, Town Councilman
Mr. Noel Desch, Town Councilman
Mr, Victor Del Rosso, Town Councilman
Mr. Harry Baker, Town Councilman
•> -•
CITY Of ITHACA 14150 400 LAKt STREir ¨ ' ' • 274.2121 NEW YORK
FINAL
mm Ithaca City School District
22 September 1969
Mr. William Kerr
Supervisor, Town of Ithaca
108 East Green Street
Ithaca, New York 14850
Dear Mr. Kerr:
I have heard that the Town may accept new roads in the Eastern Heights
Development (off Snyder Hill Road) in the near future. When roads are
accepted and maintained, for year round travel, the school district
intends to re-route buses serving the area as follows:
The bus, proceeding west, will turn south and use Sharlene
Drive, Eastern Heights Drive, Joanne Drive and Regency
Lane - then turn west again on Snyder Hill Road. This may
be reversed at some future time or be modified as other
roads are developed.
The re-routing of the school bus will eliminate the need for children
congregating at the corner of Regency and Snyder Hill Road.
I urge the Town to accept these roads, and assume that such action will
not financially burden all Town taxpayers with under road utility line
construction, when such are Installed.
Yours truly.
L. William Banner
Assistant Superintendent
LWB:bc
CC: Mr. George Ruggles
Miss Louise Wilson
Mr. Edward Riley, Town Clerk
Mr. Andrew McElwee, Town Councilman
Mr. Noel Desch, Town Councilman
Mr. Victor Del Rosso. Town Councilman
Mr. Harry Baker, Town Councilman
CITY OF ITHACA 14850 400 LAKE STREET 274-2121 NEW YORK
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STATE OF NEW YORK
DEPARTMENT OF PUBLIC WORKS
J. BURCH McMORRAN
SUPERtNTENDENT
EARLE E. TOWLSON, DisT. ENG.
333 e. WASHINGTON ST.. STRACUSE. N. Y. 1330i
COUNTIES
IN 3RO DISTRICT
CAYUGA
CORTLAND
ONONOACA
osweco
SENECA
TOMPKINS
WAYNE
SYRACUSE. N.Y.,
July 26, 1965
195R
Tompkins County
Mr. V/m. 3» Kerr, Supervisor
Town of Ithaca
512 Cayugs Heights Road
Cayuga Heights, New York
Dear Sir:
The state highways on Route and Route 393 in Tort^kins County
are to be abandoned to Tompkins County.
As these highways will be County roads, there will no longer be
a need for retaining the route niunbers. However, before the route
numbers can be removed, it is the State's policy to determine local
opinion relative to their removal.
Therefore, we request your comments and approval for the elimination
of Routes and 393 ss soon as possible.
Generally the County assigns its own numbers to the County roads.
If the route numbers are retained, it would be the responsibility of
the County to maintain the signs.
Very truly yours,
E. E. TOWLSON
District Engineer
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AmafHiBte ehoold be nade this year for a re-mrvey* dfteorthe aitoallea is cleared vtp, coaalderaticn can be glTeB to ir^T**gthe right ef mar on the fom of Zlhaea Bep«
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L. WILLIAM BANNER, Assistant Superintendent
19 October 1966
Mr. William B. Kerr
Town of Ithaca Supervisor
Savings Bank Building
Ithaca, New York 14850
Dear Bill:
The Safety Committee of the Northeast Elementary School Parent
Teachers Association seeks some changes in vehicular traffic
rules to better protect pedestrians on Warren Road between
Hanshaw Road and Route 13, The request seems reasonable and
makes sense, but they are having trouble finding the person
\dio has the responsibility for change. I have been led to
believe that you are that person.
The changes desired, which I agree with, are listed below:
-1- Reduce speed of traffic from 40 to 30 miles per
hour.
-2- Paint large lines across the road at the Winthrop
entrance and at the crosswalk where students will
cross Warren Road clearly indicating a pedestrian
crossing.
-3- Post large signs each side of the crossings indi
cating the cross. One sign suggested is the
standard "Stop for Children in Crosswalk."
Anything you can do to accomplish the desired goals will be
greatly appreciated.
Sincerely,
L. William Banner
Assistant Superintendent
for Business
LWB/dp
CITY Of ITHACA 14850 400 LAKE STREET 274-2121 NEW YORK
<:)
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Mr. L. William Banner
Aseistant Superintendent
Ithaca City School District
400 Lake Street
Ithaca, New York
October 20, 1966
Dear BUI:
I received your letter of October 19 pertaining to various changes in
vehicular traffic rules on Warren Road between Hanshaw Road and Route 13.
1 know that the members of the Safety Committee, and X thought that you also
knew, that 1 am not the person responsible for the changes as you indicate.
The County Highway Superintendent informs me that he has discussed
the problem of signs with Ralph Jones. The sign you suggest in paragraph 3,
"Stop for Children'Crosswalk", is an illegal sign. It would, however, be
permissible to use signs saying, "School Crossing". The Highway Superin
tendent of Tompkins County follows the State Rule which says in essence
that the interested party, in this case the School District, wiU purchase,
erect, and maintain aU such signs. It further states that if the signs are not
properly maintained the Highway Superintendent should remove the same.
Howard Stevenson has informed Ralph Jones that he wUl grant the School a
permit to erect "School Crossing" signs and will assist in fereoting the same.
1, therefore, suggest that you immediately purchase the appropriate "School
CDOssing" signs and have Ralph Jones contact Howard Stevenson who will
have the same erected.
While the Village of Cayuga Heights presently uses "Stop for Children^/^
Crosswalk" signs, these signs are no longer authorized by the New York
State Traffic Commission.
Howard Stevenson also informs me that he will be very glad to cause
large lines to be painted on Warren Road when the School District constructs
theirs sidewalk on the Heasley property. I understand that you are at this
very moment acquiring title to a lot which will permit you to build your
portion of the sidewalk. Therefore, when your walk is constructed X suggest
you have Ralph Jones contact Howard Stevenson to have the lines painted.
;
n
Mr, JL, William Banner
Page 2
October 20, 1966
The stated speed is a long standing problem. 1 am sure you are aware'
the State has just recently completed a restudy of this area and has in fact
raised the speed from 35 miles to 40 miles per hour. Unfortunately, neither
the School District, County, or Town have any control over thesrecommended
speeds. They are solely determined by the New York State Traffic Commission
and an appropriate order entered. The entire northeast area, with the
exception of Warren and Hanehaw Roads, is presently under an area speed
zone. This took several years of study and restudy and was very frustrating.
Even though the State has just recently completed a study and raised the speed
on both Warren and Hanshaw Roads, Mr. Stevenson states that he will join
with the Town in requesting another reappraisal. It is conceivable that the
addition of the walkways.and the purchase of the Heasley tract for a new school,
might influence the State Traffic Commission to lower the speed. The walkways
should be most helpful as they tend to channel the people from the interior
across Warren Road. The State's basic policy is based on density and it does
not feel that there is sufficient density on Warren Road to merit a speed of less
than 40 miles per hour. Nevertheless, we will try.
There is one other thing that you could do that would be most helpfiil in
this area. That is to write the Sheriff and request more intensive patrolling
during the School hours. It is my opinion that enforcement is actually more
valuable than the stated speed. You might have noticed that I have requested
that more Sheriff Deputies be employed for purposes such as this. The
Sheriff has responded by including four additional Deputies in his preliminary
budget for next year. 1 find that many of the Supervisors oppose his request.
Therefore, it would be most helpful if you would write and lend your support
in this regard.
I hope the above information will tend to clarify the situation. I will
notify you of the decision of the State Traffic Commission on the new speed
limit.
Sincerely yours.
WBK/ccr William B. Kerr
cc: Howard Stevenson Supervisor
STATE OF NEW YORK iii'lfiialil DEPARTMENT OF MOTOR VEHICLES
COMMISSION CHS
VINCENT L. TOFANY
CHAIRMAN
CHAS. E. WALSH, JR.
ARTHUR CORNELIUS, JR. Arso Co<l« 518 474-7501
STATE TRAFFIC COMMISSION llovo a. maeder
CHIcr THAPrtC ENOINCCR
800 NO. PEARL STREET, ALBANY, N. Y. 12206 division op trappic cnginccrino
March 3, I967 in rcrly ripcb to
Tompkins/lthaca
Mr. William B. Kerr, Town Supervisor
Town of Ithaca
Tompkins County, New York
Dear Mr. Kerr:
This concerns your letter relative to our re-evaluation
"of "the ifO MPH speed limit oh Warren Road.-
In our previous letter, the reason we suggested uniforms
for the crossing guards was that such uniforms would probably have a
psychological effect upon the students and might induce them to be
more receptive to the instructions of the crossing guards. Although •
the crossing guards presently have rain coats and hats, we feel that
uniforms with identifying insignia, would improve the behavior pattern.
Regarding the function of the crossing guards, there are
numerous facets of the sit^tion which are not obvious when first
considering the problem, t^ile it is possible to deputize these
people, thus giving them authority for law enforcement, we strongly
urge that these crossing guards attend a course of training before
being deputized. Without adequately preparing the crossing guards
for the responsibilities which they assume when they undertake the
duties of directing traffic, the school system would be providing the
possibility of legal repercussions resulting from ar^ accident which
might "occur while these ghards.are on duty.
Bdcause the school does not abut Warren Road, the use of
SCHOOL signs on Warren Road is not permitted by the Manual of Uniform
Traffic Control Devices. However, the SCHOOL ZONE sign is to be used,
when traffic cohditiohs warr^t, on a highway"which"!^ used by a' sub
stantial number of children on their way to and from school. There
fore, SCHOOL ZONE signs may be used along Warren Road. Section 235-^
of the Manual prescribes the use of this sign.
I trust that these comments will prove helpful to you.
Very truly yours,
STATE traffic" COMMISSION
VINCENT L. TOFANY
Chairman
BY:
ADT/ch ^LLOYD A. TOEDER
'chief Traffic Engineer
February 27i 1967
Liloyd Maeder, Chief Traffic Engineer
State Traffic Commission
800 North Pearl Street
Albany, New York 12206
Re: Re-evaluation of 40 mile speed limit on Warren Road, Town of Ithaca
Dear Mr. Maeder: ¨
I am in receipt of your letter dated February 17 concerning the above
captioned matter. While your reasons for not lowering the speed limit are
perhaps technically correct based on the assumption that traffic tends to
set its own speed, the 30 mile per hour limit would make enforcement
considerably eas^r.
You undoubtedly know that law enforcement officer, even those using
radar, do not give out tickets unless the posted speed limit is exceeded by
anywhere between five and ten miles per hour. This situation undoubtedly
results from the fact that police justices do not hand out substantial fines
unless the speed limit has been exceeded by approximately ten miles per
hour. The net result is that a posted 30 mile speed limit actually becomes
a 40 mile limit. Therefore, if the posted speed limit is 40, as is presently
the case on Warren Road, the effective speed limit becomes 50. It would
thus seem that lowering the limit would be most beneficial.
Your letter indicates that crossing guards are perhaps the most effective
protection for children. You also state that they should be supplied uniforms.
The present guards have rain coats and hats.
Your letter further states that your field personnel indicate that the
guards should be aware that their primary function is the control of students
rather than the direction of traffic. The PTA group studying this problem
would disagree with this conclusion. Thejrfeel strongly that the crossing
guard should have a status, preferably as a deputy sheriff, which woxild
permit him to direct traffic and, if necessary, give tickets to violators.
My main reason for writing you, however, is the information contained
in the fourth paragraph of your letter which states that your office encourages
the use of SCHOOL CROSSING and SCHOOL ZONE signs in situations similar
Mr. Lloyd A. Maeder
Page Z
February 27, 1967
to that which exist along Warren Road. The County Highway Superintendent
has continually advised us that the State would not permit the use of either
SCHOOL or SCHOOL ZONE signs on Warren Road because the Northeast
School does not abut Warren Road but rather is on Winthrop Drive.
Therefore, I am writing to inquire if either SCHOOL or SCHOOL ZONE
signs could be erected on Warren Road as you indicate. I am sure that
the erection of either or both of these signs would go a long way to remedying
the existing situation.
Looking forward to your reply on this question, I remain,
Sincerely yours,
WBK/ccr William B. Kerr, Supervisor
t'
I ' ,..y
March 16, 1967
Howard Stevenson
Tompkins County Highway Superintendent
Tompkins County Court House
Ithaca, New York 14850
Re: Use of School Zone signs on Warren Road, Town of Ithaca.
Dear Howard:
Ab per our conversation yesterday, I am enclosing herewith a
copy of the letter from Lloyd A. Maeder in which he states that School Zone
signs may be used along Warren Road pursuant to Section 235.4 of the New
York State Traffic Manual.
/
I am sure the erection of these signs would go a long way toward
correction of the traffic situation.
Sincerely yours,
William B. Kerr
WBK/ccr Supervisor
Mr. Kerr; 6/19/68
Howard Stevenson would like to have excerpts from
the enclosed printed in the Journal or have the
whole letter published. He feels it would answer
a lot of the questions that come to his office as
well as ours. He has a carbon copy of the letter
but wanted me to check with you first to see what
your reaction might be. I am sending the letter
along to you_ so you might review it and give Howard
your opinion.
Thanks.
STATE OF NEW YORK /DEPARTMENT OF TRANSPORTATION
1220 WASHINGTON AVENUE • STATE CAMPUS • ALBANY, NEW YORK 12226
J. BURCH McMORRAN
COMMISSIONER
TRAFFIC ENGINEERING
AND SAFETY DIVISION
CHARLES E. BESANCENEY
DIRECTOR
December 196?
Tcmpkine/lthaca
Williaa B* Kerr, Supervisor
Tovm of Ithaca
10B E, Green Street
Ithaca, New loric 1AS50
Dear Hr, Kerr:
This is in reply to your letter of September 19 concerning traffic
c^ditions on specified highways in the Tovm of Ithaca* We subsequently
received a joint request for reduced speed limits on Bundy, Hayts, DuBois,
and Trumansburg Roads, signed by the town clerk on September 13 and the
county superintendent of highways on September 18,
As the result of a previous joint request for reduced speed limits,
submitted dujring July, 196? an investigation of traffic conditions on
the same sections of Hayts Road and DuBois Road covered by the September
request had already been initiated. An investigation of traffic conditi<ms
on Warren Road was also initiated as the result of a joint request for a
reduced speed limit on this road sulmdtted during August,
We delayed answering your letter of September 19 until the results of
the above investigations were received by this office. Our letter to you
of July 18 e^qilained why investigations of traffic conditions on Trumansburg
Road, Route 96, and Bundy Road were not juetified. It is still our opinicn
that new investigations of traffic conditions on these two highways would
result in the same findings as the previous investigations.
As the result of the investigations conducted on Hayts Road and DuBois
Road, it has been detennined that reduced speed limits cai these highways
are not warranted. The investigation of traffic conditions on Warreia Road
reveals that the present 40 MPH speed Ijnrit is proper and there are no
factors which would support an extension of this zone north to the northerly
IthAca town, line.
-2-
We appreciate the fact that you, as Town Supervisor, constantly
receive requests for lower speed limits from residents of the town#
They want speeds reduced and are assuming that the posting of a low
speed limit will result in a related reduction of the prevailing speeds^
This is a natural assumption, but as e^lained to you both by telephone
and correspondence from our office, prevailing speeds are dictated by
highway characteristics and road side development and are little effect
ed by a posted speed limit, either high or low*
Unfortunately, the matter of speed reguQation is often controversial
and involves considerationsvdiich go well beyond the mere placement of
speed limit signs* A speed limit involves a direct conflict of interest
between residents of a highway who want speed controlled to a lew limit
and the motorists using that highway who do not want to be subject to
artificial or arbitrary limitations on their use of public highways.
Frequently, it is the same person who, as a resident, demands a low speed
lihiit past his house and vdio, as a motorists, e^q^resses resentment of
that limit by ignoring it while driving past his neighbors* houses.
The number of requests for reduced speed limits this office receives
is very large. Were we to accede and establish a reduced speed limit in
every instance our State-wide condition would be an endless mass of un
related, and for the most part unrealistic speed limits, which we are sure
the requester would find highly aggravating to say the least* In no case
do we doubt the sincerity of the request or the belief that the speed limit
desired is proper and necessary* However, we must obviously utilize some
means of determining where reduced limits are appropriate and what limits
are reasonable and realistic*
As is the case in many of the requests we received for speed limits
on highways, your main concem is the safety of children who play close
to the highway or use the highway as a means of going to or IVcoi school*
Whenever a decision is made not to furnish school bus transportation, this
in essence determines that the public highways shall be used as a sidewalk.
Hence we have the local conclusion that a regulation should be imposed on
traffic in the fozm of a Iw speed limit*
We would be deluding ourselves if any appreciable reliance weee to be
placed on a low speed limit to overcome a situation for which the real
basic solution is the removal of the need for pedestrians to walk along the
public highways. Once we mix vehicles and pedestrians en a highway, >diich
was caistructed for vehicular traffic and not as a sidewalk, a potential
hazard is ever present which artificial restraints on vehicles will not in
any significant degree remove.
• -fik-
\
-3-
In the area of Warren Road, your town has certainly taken the proper
acticai to insure the safety of school children by constructing sidewalks
and providing adult school crossing guards. The recent investigation of
traffic conditions in this area reveals that the signing in this area has
been improved and the crossing guards are performing their duties properly.
We agree there are times on Warren Road, and other roads in yoiu? town,
when the presence of children going to school mandate a reduced speed lower
than the legal speed limit. However, a general speed limit which is in
effect all day, every day, must be realistic in tenns of the normal conditions
which prevail most of the time through the zone involved. Obviously the
exLstense of a school, and the pedestrian and vehicular traffic associated
with it, are important factors to be considered in any speed zone study.
However, we are sure you can appreciate that scam recognition must be given
to t he fact that school traffic problems exist only at certain locations
during relatively brief periods and then only on school days.
The speed limit posted must reflect the proper speed limit under normal
conditions. It must not take into consideration a tolerance allowed enforce
ment agencies or local Justices, Motorists noimally assume a very small
tolerance, if any, i(dien they are aware that a posted speed limit is being
enforced, Enforcement is net a matter under our ;}uxidictioa but is something
idiich the town can certainly influence,
A posted limit less than the maximum, as you referred to, has but one
main result - the establishment of a "speed Trap", This is easy to enforce
but certainly is not enforcement on a sound basis or in the best interest of
the public.
If we can convince all motorists that traffic control devices are
posting sound, reasonable, and proper regulations, they tend to develop a
pattern of voluntary compliance to all such devices rather than a pattern
of disrespect, A motorist driving at legal speeds is a safer driver because
rather than being overly concerned about being apprehended by law officers,
he can concentrate on safe driving practices and is in a more relased and
alert state of mind.
When particular conditions along any highway require a reduced speed,
motorists are required to drive accordingly pursuant to Section 1180 (e) of
the Vehicle and Traffic Law, This particular secticai of the Vehicle and
Traffic law requires speeds consistent with Section 1180 (a) and at the same
time specifies what conditions do require a reduced speed. We admit it may
be harder to apprehend violaters and obtain convictions under Section 1180
(e), but this requirement is a statute and as such can be enforced.
cW •
-4^
As an example^ when a law enforcement officer observes a motorist
proceeding along a highway without reducing his speed when such is required,
the motorist is violating Section 1180 (e), A condition which could require
a reduced speed would be children waiting to cross a highway or children
walking iznaediately adjacent to the main traveled roadway* An enforcement
officer could use the rate of speed of other motorists who reduce their
speeds uider the same conditions, or a speed which he feel in his opinion
woiild be the proper speed, to determine when a motorist is in violation of
Section 1180 (e)« As is the case when enforcement of a posted speed limit
is carried out, only the real violators would be apprehended on a practical
basis* jSnforcesnent in this matter, given proper support by the local
Justices, respect for police officers, and publicity in local newspapers
should certsdnly result in improved traffic conditions on highways within
the town. One of the main benefits obtained is that it would encourage moto
rists to adjust their speeds according to conditions that exist on or along
the highway.
The average motorist is offended when his Judgement of what is the
proper speed limit on a highway is questioned by the posting and enforcement
of arbitrary speed limits. Part of our State-wide speed evaluation program
incudes the recording of prevailing speeds by radar as a means of determining
what is a realistic speed limit for a highway. It must be assiunsd that the
majority of the motorists on our highways have a reasonable idea of what a
proper speed for a given length of highway is, especially when they are resi
dents of the same area.
It is never our Intent to increase the prevailing speeds on any of our
highways or permit speeds to continue vrtiich \*9 feel are too fast based upon
our procedure for determining realistic and reasonable speed limits. Please
accept our assurance that we are very concerned over safety on our highways
and bear with you a mutual concern over the unnecessary loss of life and
property. We realize it may be difficult to understand our policies and
accept our recOTimendations conceming speed limits. We sincerely hope this
letter explains seme of the reasoning and engineering practices behind our
speed evaluation program. It is a widely accepted principal that the randan
establishment of low speed limits is not the best solution for making our
highways safer, either for motorists, or pedestrians, and especially our
children.
Very truly yours.
CHARLES E. BESANCSJJET, Direct^
Traffic Ehgineering and Safe
AWR/ls
cc: Tompkins Go. Superintendent of Hwys.
District - 3
Supt. State Police