HomeMy WebLinkAboutTB 2024-140 Variance for CU Botanical Garden Deer Program for Preserve Access 25-28MEETING OF THE ITHACA TOWN BOARD
December 9, 2024
TB Resolution 2024 - 140: Approval of a variance from the Town of Ithaca Code, Chapter 200 “Parks & Recreation Areas” to allow access through Culver Road Preserve for participants of
the Cornell Botanic Gardens Deer Management Program
Whereas, since 2018, Cornell Botanic Gardens (Gardens) requested and received a variance from Town Code Sections 200-3.A and 200-5.E to allow the participants of the Gardens’ deer management
program (Program) to travel through the Culver Road Preserve (Preserve) outside the permitted period of ½ hour before sunrise through ½ hour after sunset with unloaded firearms (including
archery equipment, shotguns, rifles and muzzleloaders), to access Cornell’s adjacent Coy Glen Natural Area, and to allow the use of motorized vehicles to retrieve deer, and
Whereas, the Gardens is requesting an extension of the existing variance for another three years, and
Whereas, there have been modifications and changes to the variance since its issuance, an
Whereas, the Preserve is being improved and therefore some terminology in the existing variance is no longer accurate, and
Whereas, there have been no complaints or issues communicated to the Town to date regarding this variance, its implementation, or its extensions, now therefore be it
Resolved, that the Town Board finds good cause to grant a new variance to the Gardens from Town of Ithaca Code Section 200-3.A "General Regulations" and Sections 200.5- C & E "Prohibited
Activities" to allow the Garden’s Participants to travel through the Preserve outside of the allowed period of ½ hour before sunrise through ½ hour after sunset with unloaded firearms
and any other legal deer hunting implements and to permit the use of motorized vehicles in the Preserve to retrieve deer, with the following
Conditions:
Program participants must adhere to all DEC regulations related to hunting activities contained in the permit issued to Cornell Botanic Gardens, and
This variance is limited to travel through the Preserve to access the Coy Glen Natural Area, and
All firearms possessed by Program participants while on the Preserve, and
This variance is valid for three years, from November 1st through April 30th, with the following
Findings:
The Town Board finds good cause to grant this variance, specifically:
That the benefit to the Town outweighs any detriments that could result from the strict enforcement of Chapter 200 for the reasons stated in Cornell Botanic Gardens’ original application
dated January 26, 2021, and
2. Cornell currently has an access easement across the Culver Road Preserve granted by a previous property owner that does not restrict Cornell’s ability to drive vehicles, possess
loaded or unloaded firearms, or the hours of access through the Preserve, but, that access easement is located in an area of steep topography and this broader variance is safer for participants,
and
3. This safer access and requirement that firearms must be unloaded benefits the Town by reducing the possibility of accidents on the Preserve.
Moved: Pamela Bleiwas Seconded: Eric Levine
Vote: Ayes – Levine, Rosen, Howe, DePaolo, Bleiwas, Johnson and Gutenberger