2. I make this affidavit in support of the Petition herein and the temporary relief requested by the proposed Order to Show Cause.

3. I am familiar both personally and professionally with the Village of Aurora in Cayuga County (hereinafter, "Village"), with the historic Aurora Inn, both its impressive exterior and the conditions of its interior, and with the Vanderipe Building and the other structures that comprise the Aurora Village-Wells College Historic District (hereinafter, "District"), which is listed in the National Register of Historic Places (hereinafter, "National Register").

4. I have also reviewed a copy of the nomination that placed the District in the National Register and I concur with the statements and findings of that official U.S. Department of the Interior document, with respect to the District's history, its architecture, and the natural and man-made features that contribute to its historic significance.

5. Both the Aurora Inn and the Vanderipe Building (referred to as the "Aurora IGA" in the nomination) are specifically cited in the nomination as contributing to the significance of the District. The Aurora Inn and Vanderipe Building are coded "green" in the nomination, which means that each is a "vernacular building which retains an historic appearance," each "retains architectural detail," and each "has architectural significance as part of a grouping of similar period buildings" and "has historical value as a contributor to the general area development." The information above indicates that the New York State Historic Preservation Office in Albany (hereinafter "SHPO"), which is housed within the New York State Office of Parks, Recreation and Historic Preservation (hereinafter, "OPRHP") and the Keeper of the [National] Register at the U.S. Department of the Interior in Washington, D.C., have determined that the Aurora Inn and Vanderipe Buildings are equally significant, both historically and architecturally, and that each contributes to the significance of the Aurora Village-Wells College Historic District.

6. The nomination further elaborates on the Aurora Inn by stating, "[Edwin] Morgan constructed the Aurora Inn and the Aurora Office Building, two of the most architecturally and historically significant commercial structures in the Village.� The nomination also states, "The Aurora Inn and the less elaborate Aurora Office Building, both built at the same time for the same man, are large brick structures which manifest the central corridor, rectangular block and narrow cornice of the Federal Style".

7. Based on my travels across New York State, my discussions with staff at SHPO and the Preservation League of New York State, and my knowledge of the National Register of Historic Places, it is my professional opinion that the Aurora Village-Wells College Historic District is one of the most intact and evocative historic districts in New York State. Its degree of integrity is all the more remarkable since it is not located far from population centers, as is the Village of Essex in Essex County; and it is not accessible only by secondary roads, as are the hamlets of Rensselaerville in Albany County or Old Chatham in Columbia County. The Village is less than 20 miles from the City of Auburn and is located on NY 90, a major north-south route on Cayuga Lake.

8. It is also unusual to have nearly an entire Village and an adjoining college campus listed in the National Register as a single district, and noteworthy in light of the fact that this occurred in the early days of the National Register program, when large-scale districts were rarely listed. The Inn is one of the most impressive and memorable buildings in the District, and its interior and exterior are both cited in the nomination.

9. Because the Vanderipe Building is a significant historic structure listed in the National Register of Historic Places, it is my professional opinion that its demolition, as proposed by Wells College and/or the Aurora Foundation, will have a significant and severely adverse impact on the District, regardless of the design of the new construction that replaces it. This opinion is shared by the SHPO/OPRHP.

10. Because the Aurora Inn is a significant historic structure listed in the National Register of Historic Places, and because a key and character-defining feature of its interior plan, namely its central corridor, a feature found at each of its floors, is specifically cited in the National Register nomination as contributing to its significance, it is also my professional opinion that the complete gutting of the Aurora Inn, as proposed by Wells College and/or the Aurora Foundation, will have a significant and severely adverse impact on the District. This opinion, too, is shared by SHPO/OPRHP.

11. Based on my review of the resolutions of the Village of Aurora Community Preservation Panel ("CPP") and of the Planning Board (which relied heavily on the findings of the CPP), it is my professional opinion that the historic and architectural significance of the Aurora Inn and Vanderipe Buildings is either not known to, or not acknowledged by, the Village of Aurora, notably the Chairs of the CPP and the Planning Board, and that for these reasons the buildings have not received the protection and consideration they should be afforded under the New York State Environmental Quality Review Act (the "SEQRA").

12. This lack of consideration cannot be attributed to the Chairs' ignorance of their responsibilities with respect to historic resources, since each received or was copied on extensive counsel from SHPO/OPRHP and the New York State Department of Environmental Conservation ("DEC"), as set forth in detail in the Petition.

13. The CPP motion approving the project states that the CPP considered "the pertinent historical significance of the structures, which we have determined that although they are old and we are used to them, are not particularly rare or unique or wonderful in their own right, as defined by the phrase 'Historical Significance' [sic]." The CPP's assumption and conclusion that the Aurora Inn and Vanderipe Buildings are not historic ignores the extensive counsel of the SHPO/OPRHP and DEC, the fact that the structures are listed in the National Register of Historic Places, and the fact that the regulations implementing SEQRA (6 NYCRR Part 617) clearly state that properties listed in the National Register are worthy of special consideration. Section 617.4(b)(9) requires that actions at those properties that are not designed to preserve them must be considered Type I actions, which are more likely to require the preparation of an Environmental Impact Statement.

14. Upon information and belief, the CPP recently reaffirmed these previous errors by "reaccepting" its earlier findings, on September 4, 2001.

15. The Planning Board's resolution of August 16, 2001, states that the Board reached its decision in part because the Aurora Inn and Vanderipe Building are not listed individually in the National Register, because the Vanderipe Building is "less historically significant" than the Aurora Inn, and because the Inn's interior is not cited in the National Register nomination. The first two statements ignore extensive guidance provided by the SHPO/OPRHP and the third is not accurate. The Planning Board also failed to consider the impact of parking issues and the proposed gutting of the Inn's interior, despite the counsel of DEC about the appropriate and full scope of review for this project under SEQRA. In my professional opinion, the architecturally rare Aurora Inn and the historically valuable Vanderipe Building are at grave and immediate risk of further, irreparable damage, once final permits are issued by the Village of Aurora, based on the approvals made by the CPP and the Planning Board. I refer to "further damage" because, upon information and belief, interior portions of the Inn's upper floors have already been modified to an unknown extent, without proper authorization, as part of this project. That work occurred before the SEQRA review was complete, and ultimately a Stop Work Order was issued by Edward Brockner, Code Enforcement official for the Village of Aurora, on July 9, 2001.

16. This is not the first time Wells College or its agents have adversely affected significant historic properties under its stewardship, or the first time that Wells College has ignored applicable local zoning and review statutes. In 1992, the College initiated the destruction of the 1817 "Stone Mill," a property listed in the National Register of Historic Places, without the required permits or approval. The Stone Mill remains partially destroyed to this day.

17. That act, which is commonly known to residents of the Village and the region, and to the agencies involved at the time, suggests that Wells College does not always respect the important historic properties in its ownership and that the college does not always carry out its projects in conformance with local zoning and permitting regulations. This inability or refusal to follow local regulations in the past, as well as the college's partial gutting of the Aurora Inn, before the required reviews were complete, and the complete disregard for architectural significance shown by the Planning Board and CPP, lead me to conclude that the architectural integrity and historic significance of the Aurora Inn and the Vanderipe Building may be jeopardized or permanently impaired as a result of inappropriate, unauthorized or unapproved work undertaken by Wells College or its agents.

MICHAEL A. TOMLAN

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