The proposed construction of Paul Milstein Hall, the new building of the College of Architecture, Art and Planning (AAP), has sparked a debate over Cornell's plans to extend the structure above University Avenue.

The City of Ithaca's Board of Public Works (BPW) has discussed the issues surrounding Milstein Hall and University Avenue at its meetings since mid-July. At the Aug. 15 BPW meeting, City Attorney Daniel Hoffman presented a revised memorandum of understanding between the city and Cornell, and a resolution to approve the proposed realignment of a portion of University Avenue for the Milstein Hall project.

While the section of the avenue in question is on the Cornell campus, it also is a public right-of-way. The memorandum includes an agreement to discuss and negotiate a possible turnover of the on-campus portion of the road to Cornell.

"It is a public road, dating back to before the university existed," said Shirley Egan, associate university counsel. "But Cornell's title to the land underneath it extends back to when the first deeds were patented in the 18th century. That gives us the air rights above it -- so we could build a building as long as there's a way for the public to pass underneath it.

"From what I can tell, that public right-of-way has existed since about the War of 1812," said Egan, who has researched the road's history extensively, through state, county and town records, historical societies and newspaper archives.

However, BPW member Raymond Schlather has claimed that the city actually owns the underlying land. Citing letters exchanged during a dispute in the early 1980s over whether the city or Cornell was responsible for making repairs to Forest Home Drive (the continuation of University Avenue across East Avenue), Schlather said that Cornell gave up its ownership of the land when a Cornell representative wrote that it was a city-owned road.

"The neighbors were clamoring to have it fixed," Egan said. "The city said it's not a city road; we said it is your road. ... At that point, no one disputed who owned the underlying land. The issue was, was it or wasn't it a public road?"

The proposed building is designed to provide more space for academic needs and unify the disciplines within AAP, connecting Sibley and Rand halls and extending over University Avenue to the Foundry.

The plans for the site north of the Arts Quad include a slight realignment of University Avenue to straighten the road, as well as a bus stop and a bicycle lane.

Since the Foundry and Sibley Hall are designated historic landmarks, the project also must meet the approval of the Ithaca Landmarks Preservation Committee. Egan said all approvals for the project may not be completed until May 2008.

"Ideally we were hoping to break ground at the beginning of this spring [2008], but given the current track of the approvals process with the city, we're hoping for June if possible," said Andrew Magre, a project manager for Cornell's Planning, Design and Construction division.

The $41 million project cost includes $1 million to meet the criteria for Leadership in Energy and Environmental Design (LEED) certification as a green building, Magre said.

Architect Rem Koolhaas and his partners in the Office of Metropolitan Architecture unveiled their design for Milstein Hall in September 2006. It is the third architectural scheme AAP has considered for its expansion plans over the years.

Milstein Hall is named for New York City real estate developer, philanthropist and Cornell parent Paul Milstein, whose wife, Irma, committed $10 million to Cornell for a new building in 1999.