1 Minutes of the TROY CITY COUNCIL PLANNING MEETING

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Minutes of the TROY CITY COUNCIL PLANNING MEETING April 27, 2021 6:00 P.M.

Due to the COVID-19 crisis, this meeting was held remotely via videoconference.

The meeting was called to order at 6:02 p.m. by Committee Chair Cummings.

Pledge of Allegiance

Roll Call: The roll being called, the following answered to their names: Council Member Ashe- McPherson, Council Member Steele, and Council Member Cummings, Chair. Council Member Gulli, Council Member Zalewski, and Council Member McDermott were also present.

In attendance were Mayor Patrick Madden, Corporation Counsel Richard T. Morrissey, and Commissioner of Planning & Economic Development Steven Strichman.

Lindsay Zefting from Alta Planning gave a presentation on the Congress Street Study.

29. Resolution Declaring The Troy City Council “Lead Agency” For Rezone Request (Council Member Gulli) (At The Request Of The Administration) Council Member Gulli withdrew this resolution.

Commissioner Strichman gave updates on other Planning Department projects.

Public Forum:

The following individuals spoke regarding Resolution 29: • Chel Miller • Jennifer Schulaner • Keith Hirokawa • Leo Matteo Bachinger • Sarah Pezdek • Adam Schultz • Kevin Vandenburgh

The following individuals submitted written comments regarding Resolution 29, which are appended to these minutes:

• Andrea Sandholt • Beverly Davis • Christian Grigoraskos • Chris Bassett • Elaine Broiles • Adam and Evangeline Alexander

1 • Frank Vroman • Randy Herrington • James Kruegler • Jennifer Baumstein • Jennifer Schulaner • Jessica Bennett • Jessica Ryle • John Raup • Joseph DiMaggio • Karin Krasevac-Lenz • Laura Hynes • Lee Ferrini • M Goodman • Michelle Polacinski • Patrick Kiley • Elizabeth Griffith • Richard C. Herrick • Sarah Pezdek • Sharon Wesley • Rebecca Martin • The Friends of the Mahicantuck

Adjournment The meeting adjourned at 7:20 p.m. A video recording of this meeting is on file at the City Clerk's office.

2 Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Andrea Sandholt. I live in South Troy.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

The “Sacred Forest” at 1011 2nd Avenue is unique. It is part of our history. It is an important indigenous cultural and historical heritage site. It has a rare and important ecology, with protected species. It protects the city and contributes to public health.

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

- You MUST NOT adopt Resolution 29 and INSTEAD demand the developer submit an application for his development plans so that development and rezoning can be considered together, as mandated in by law in the New York State Environmental Quality Review Act.

The “Sacred Forest” at 1011 2nd Avenue is the city’s last untouched forest along the Hudson River as well as a nationally significant (National Register eligible) indigenous heritage site with artifacts dating back to 1500-3000 B.C. The indigenous peoples maintain ties to this land that grew over 5000 years. For them, this is sacred land. It is unique for its history and cultural heritage.

It deserves the fullest consideration if any action would be taken on this land. A rezoning cannot be considered independent from known development plans. These plans are known to the council and administration. REZONING AND DEVELOPMENT PLANS MUST BE CONSIDERED TOGETHER.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA. "When one tugs at a single thing in nature, he finds it attached to the rest of the world." -John Muir

3 Please preserve this land! Not only is it sacred to indigenous peoples, there are many species of wild animals and birds who call it their home and habitat. They all play vital roles in the local ecosystem.

Thank you.

Andrea Sandholt South Troy

Seriously do we need another in Troy? There is only one grocery store in lansinsburgh. There is only one hospital in the city of troy. The schools have enough issues already without adding more children. The fire department has to have help from other cities when fighting fires. AND you have an overworked understaffed police department that does a great job with what they have. They certainly don’t need any more people in this city! I lived in lansingburgh for 26 years. We moved to pleasantdale 18 years ago. It’s not the traffic that will increase although that is also a factor but the main reasons are above that I request another apartment complex NOT be built there on sacred unspoiled land. Sincerely, Beverly Davis Troy NY 12182

Dear Members of the City Council Planning Committee,

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Christian Grigoraskos, I reside [in] north Troy.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

We are in the midst of a climate and ecological crisis. Context is king! No more virgin land should be disturbed to build human settlement. The city should prioritize infill development on sites such as Leonard Hospital or Haskell School. Once all infill sites have been exhausted, only then should we look at untouched land.

This forest deserves our protection! It currently serves innumerable ecological functions that will be destroyed by development. If you are looking at all the building that is going on across the river and are afraid that people will take their money over there instead, let me tell you that ALL those developments are abhorrent and unnecessary...future generations will be so disappointed that we lacked the foresight and ecological literacy to maintain a strong riparian buffer and allowed so much hardscape and pollution to be sited next to these sacred waters.

PROGRESS CAN ONLY BE MEASURED ECOLOGICALLY and if you allow resolution 29 to pass you will be taking a huge step backwards.

Should you make the insane move and allow a project to move forward on this land I sincerely hope you will hold it to the highest sustainable standards meaning a NET-POSITIVE, NON- POLLUTING project that generates all of its own power and recycles all of its own waste and sets the bar for all future developments. These projects are entirely possible they just lack the political will and creative foresight to look at the long arc of time (beyond the next election cycle).

I live in a 200 hundred year old structure that I put blood sweat and tears into, and I honor my small 60 x 120 parcel of land as sacred, because the original peoples of this land showed that we can live harmoniously with all species of plants and animals. When I see buildings like the Atrium and the Lansingburgh Fire Department go on the chopping block at less than 50 years old it gives me a strong feeling that we are absolutely failing as a human community and we have lost our way.

Please consider the 200 hundred year plan...if you look at the long arc of time you will know the appropriate way to proceed.

You MUST NOT adopt Resolution 29 and INSTEAD demand the developer submit an application for his development plans so that development and rezoning can be considered together, as mandated by law in the New York State Environmental Quality Review Act.

Thank you.

Christian Grigoraskos Troy, NY

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Chris Bassett. I live in Troy's Osgood neighborhood.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

- You MUST NOT adopt Resolution 29 and INSTEAD demand the developer submit an application for his development plans so that development and rezoning can be considered together, as mandated by law in the New York State Environmental Quality Review Act.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Thank you.

Chris Bassett Troy, NY

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Elaine. I live in the Troy NY.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Thank you.

Elaine Broiles Troy, NY

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is [Evangeline Fisher]. I live in the City of Troy].

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

7 The “Sacred Forest” at 1011 2nd Avenue is unique. It is part of our history. It is an important indigenous cultural and historical heritage site. It has a rare and important ecology, with protected species. It protects the city and contributes to public health.

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Our property borders where this development would go, taking away our privacy,decrease our noise quality and force the wild animals out of the area, not to mention giving us a view of buildings instead of sunrises and sunsets... we call our home” our ountry in the city” being we are the last house in the city of Troy bordering schagticoke and gives us the home we’ve paid taxes for since 1989, raised our children and now our grandchildren..... this project will cause excessive noise, cause our homes to shake, not to mention the possible damage to our foundations, being that most of these homes were summer camps originally and many being 100 plus years old, not to mention the extreme noise from jackhammlight and constant traffic in and out of our ear and sight at the same time we are getting ready to retire and enjoy what we’ve worked all these years for.... this is a quiet residential area.... would you like it developed in your back yard???? Please, consider the taxpayers.... not line the pockets of developers whom have no regard for quality of living for those of us whom have purchased our homes many years ago,care for our property, pay taxes with the dream of tranquility and peace.... the reason these zoning laws have been put in place.... someone has to stand up for the “ little, hardworking people whom pay your salaries and vote you in to do your job as representatives..... this is not just legalities but 8 is about doing your jobs and honoring the restrictions and laws that were put into place to protect the homeowners!!!!Please vote No and let us enjoy our homes!!!

Thank you. Adam and Evangeline Alexander Troy, New York 12182

Dear Members of the City Council Planning Committee I would hate to see this sacred land taken from us. I believe Earth day just passed and this land is a perfect example of property that needs to be saved. This is a happy place for my family. The nature walks I would take with my kids and the beautiful sunsets and Time we have spent there, I would hate to be taken from them. We safely learned how to shoot a BB gun. We watched fireworks, enjoyed the wildlife that is present and made memories that I would hate to be taken from us. It’s a beautiful place of nature and wildlife and we deserve to have it left that way.

Thank you, Frank Vroman a concerned member of our community

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is [INSERT NAME]. I live in the [INSERT CITY/TOWN/VILLAGE].

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

9 grew over 5000 years. For them, this is sacred land. It is unique for its history and cultural heritage.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

[ADD — OPTIONAL: Personal paragraph of your relationship to the land and why you think it is important that this land is protected]

Thank you.

[Name] [City/Town/Village] [Date] Frank Vroman Troy, NY 12182

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Randy Herrington. I live in Johnsonville New York.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

10 – A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

I have Native American hetitage, and our lands should be protected.

Thank you.

Randy Herrington Cty of pittstown Johnsonville New York.

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is James Kruegler, I live in Troy, and I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

11 I ask the Planning Committee to:

- Follow the Planning Commission's recommendation AGAINST rezoning;

- Recognize that a vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, contrary to the intent of SEQRA and prohibited by State Law; and

- NOT adopt Resolution 29 and INSTEAD demand the developer submit an application for his development plans so that development and rezoning can be considered together, as mandated in by law in the New York State Environmental Quality Review Act.

A few other reasons this proposed zone change, and likely development, would be an especially poor and wasteful use of this land:

1) Based on the most recent Comprehensive Housing Market Analysis by the US Department of Housing and Urban Development, dated 2019, the tri-city region encompassing Albany- Schenectady-Troy has its housing demands already met with housing development projects that are in existence or under construction.

2) The development narrative document (attached to tonight's Planning Committee agenda) mentions that the segment of the land located in the Town of Schaghticoke “is proposed to be utilized for stormwater management only”. That parcel of land in Schaghticoke is almost 10% of the total land area being considered for development here. Put another way, 10% of this land would not even end up being used for the intended development because the development plan will need it dedicated to maintaining current stormwater runoff quantity and quality.

I hope these points underscore for you that, if this zone change is recommended, then approved, then development moves forward, all we will be left with on this land is a bunch of apartments none of us want, and a site so poorly thought out that an embarrassingly large piece of the land has to be reworked only so it can provide the ecosystem services that this land was already providing in the first place!

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA. 12

Thank you.

James Kruegler Troy, NY

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Jenn Baumstein. I live on the Easy Side of Troy.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

13 This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Thank you. Jennifer Baumstein Troy NY

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Jennifer Schulaner. I live in the city of Troy, NY @ 2161 12th Street.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

It deserves the fullest consideration if any action would be taken on this land. A rezoning cannot be considered independent from known development plans. These plans are known to the council

14 and administration. REZONING AND DEVELOPMENT PLANS MUST BE CONSIDERED TOGETHER.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

We are at a pivotal point in history where we can collectively & collaboratively mitigate & reverse catastrophic effects of global warming ~ think globally ~ act locally ~

Thank you.

Jennifer Schulaner Troy, NY

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Jessica Bennett. I live at 1009 2nd Ave in the Lansingburgh Neighborhood.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

15 The “Sacred Forest” at 1011 2nd Avenue is the city’s last untouched forest along the Hudson River as well as a nationally significant (National Register eligible) indigenous heritage site with artifacts dating back to 1500-3000 B.C. The indigenous peoples maintain ties to this land that grew over 5000 years. For them, this is sacred land. It is unique for its history and cultural heritage.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

This land is and has been important to the city of Troy since there has been a city of Troy. This site is where General Knox crossed the Hudson in his campaign to Cambridge during the Revolutionary War and has been a recreational access point to the water for Trojans for over 200 years (then known as Lansing’s Grove.) As a well known archeological site, the geological features of 1011 2nd Ave have been utilized by indigenous people for over 5000 years and descendants of tribes originally forced off this land are advocating for its preservation. In this modern era where there is a movement to amplify to voices and concerns of the historically oppressed, let Troy not be stuck in the past, making the same mistakes over and over. The Planning Commission did it’s job and made a recommendation against rezoning; follow their recommendation and vote against Resolution 29.

Thank you.

Jessica Bennett Lansingburgh

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Jesica. I currently live in the Glens Falls and have lived in Troy in the past.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Thank you.

Jessica Ryle Glens Falls

Dear Members of the City Council Planning Committee * Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021) My name is John Raup. I live in the town of Brunswick. I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency". The “Sacred Forest” at 1011 2nd Avenue is unique. It is part of our history. It is an important indigenous cultural and historical heritage site. It has a rare and important ecology, with protected species. It protects the city and contributes to public health.

17 This forest deserves our protection! I ask the Planning Committee to: – Follow the Planning Commission's recommendation AGAINST rezoning – A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law. - You MUST NOT adopt Resolution 29 and INSTEAD demand the developer submit an application for his development plans so that development and rezoning can be considered together, as mandated in by law in the New York State Environmental Quality Review Act. The “Sacred Forest” at 1011 2nd Avenue is the city’s last untouched forest along the Hudson River. Respectfully submitted, John Raup Troy, NY 12182

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Joseph DiMaggio. I live in Cascade, Maryland 21719.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

[ADD — OPTIONAL: Personal paragraph of your relationship to the land and why you think it is important that this land is protected]

Thank you.

Joseph DiMaggio Cascade,MD21719

Dear Members of the City Council Planning Committee:

* I request that you please enter this letter into the offical record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Karin Krasevac-Lenz. I live in the City of Troy.

I write to you today to express my strong opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

The “Sacred Forest” at 1011 2nd Avenue is unique and most valuable to the Troy community in its current iteration.

This rare tract is part of our history as an important indigenous cultural and historical heritage site. It has a singular and important ecology - home to protected species.

This strategically located forest deserves our attention and vigilant protection!

I respectfully implore the Planning Committee to represent a majority of Troy residents and the City's long-term City planning goals in light of information shared in this and similar letters.

Note: – Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION which is prohibited by State Law.

- Do NOT adopt Resolution 29. INSTEAD demand the developer submit an application for his development plans so that development and rezoning can be considered together, as mandated by law in the New York State Environmental Quality Review Act.

This rare gem deserves the fullest consideration if any action would be taken on this land. A rezoning cannot be considered independent from known development plans. These plans are known to the council and administration. REZONING AND DEVELOPMENT PLANS MUST BE CONSIDERED TOGETHER.

This more prudent path would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

To not adopt Resolution 29 is to simply ask the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Thank you for your thoughtful consideration,

Karin Krasevac-Lenz Troy, NY

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Laura Hynes. I live on Washington Park in Troy.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

In a city filled with uninhabited, gorgeous buildings the last thing we need are new “luxury” developments that get rid of our precious green space.

Thank you.

Laura Hynes Troy

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Lee Ferrini. I live in Troy, and have spent my whole life growing up in this area.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

On a personal note, the natural beauty of our state and region is an invaluable resource that has long been overlooked or neglected. The city of Troy has an opportunity to preserve this piece of land for future generations, so that they might enjoy a unique and beautiful part of our land and history. Also, since the onset of the COVID-19 pandemic, outdoor activities have become more and more popular. This sacred forest is not only historically, naturally, and culturally significant, but it has the potential to be a Troy gem, a peaceful place for the whole community to enjoy.

Thank you.

Lee Ferrini Troy

Dear Members of the City Council Planning Committee

22 * Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is M Goodman. I live in the city of Troy.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

[ADD — OPTIONAL: Personal paragraph of your relationship to the land and why you think it is important that this land is protected]

Thank you.

M Goodman 23 Troy, NY

Dear Members of the City Council Planning Committee,

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Michelle Polacinski. I live in the city of Troy, NY in the 4th district.

I am writing in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency."

The forest at 1011 2nd Avenue is the only remaining waterfront forest along the Hudson in Troy, NY. It is an important cultural and historical Mohican heritage site. After speaking directly with Bonney Hartley of the Stockbridge-Munsee Mohican people, they are vehemently against destroying this land. It has a rare and important ecology, with protected species. It protects the city from flooding and contributes to public health.

In a world where money takes power over destruction of natural resources, which has led to worldwide climate change, we need to protect what is left of our land at the local level and the City Council needs to take action in the favor of its residents, not wealthy developers.

I have seen numerous ugly new "urban flats" pop up in this city, but I haven't noticed any new jobs to come with the expected increase in population. We don't even have a grocery store! We have very few public green spaces as it is. It would be tremendously sad to see this space go only to be replaced by unneeded apartments. There are about 5 or 6 apartments near me, right downtown, that have struggled to fill since the pandemic started as is. This space should be a park, not more ugly apartments (don't even get me started with "Starbuck Island").

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Thank you for your time. Make the right decision.

Sincerely,

Michelle Polacinski Troy, NY (4th District)

Dear Members of the City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Patrick Kiley. I live in the South Troy.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

25 grew over 5000 years. For them, this is sacred land. It is unique for its history and cultural heritage.

This would also SAVE THE CITY MONEY AND TIME, as it would streamline the review process and make it more efficient.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

Thank you.

Patrick Kiley South Troy

To whom it may concern:

I strongly oppose the requested zoning change of 1011 2nd Avenue and Resolution 29. Others have eloquently explained the value of the site to the indigenous community, and indeed all residents of the city. Instead, I will explain what this decision means for you.

Do you want to be known as the people who allowed this treasure to be destroyed? Do you want to be remembered as at best weak in the face of unethical corporations, and at worst actively in league with them? Or would you rather be known as the ones who stood firm, who stood for justice, and protected this rare and precious place?

Sincerely, Elizabeth Griffith Greenville, SC

Dear Members of the City Council, City Council Planning Committee and City Clerk Drogan.

* Please enter this letter into the record and include it in the minutes of the upcoming Council Meeting (April 27, 2021)

My name is Richard C. Herrick. I live in the City of Troy, NY.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

26 The land at 1011 2nd Avenue is an important indigenous cultural and historical heritage site. It has a rare and important ecology, with protected species. It contributes to public health. This land deserves protection!

I ask the City Council to:

– Follow the Planning Commission's recommendation AGAINST rezoning and keep the property zoned in accord with the City’s Comprehensive Plan.

– A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

- You MUST NOT adopt Resolution 29 and INSTEAD advise the developer submit an application for his development plans so that development and rezoning can be considered together, as mandated in by law in the New York State Environmental Quality Review Act.

The land at 1011 2nd Avenue also is a nationally significant (National Register eligible) indigenous heritage site with artifacts dating back to 1500-3000 B.C. The indigenous peoples maintain ties to this land that grew over 5000 years. For them, this is sacred land. It is unique for its history and cultural heritage.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as per SEQRA.

The developer also has a great opportunity to buy the former Leonard Hospital site from the City and build a development there benefitting the City as a whole.

Thank you.

Richard C. Herrick Troy, NY 12180

Dear Members of the Planning Committee,

“What we are doing is to send it to planning where we have the architects, we have the engineers – there to make the decision, to look at the archeology, to see if this is a possibility – if it’s not – they are going to come back and say “NO”. I have confidence in the planning that they are going to do their due diligence and look through this property.” – Council Member Ashe McPherson

“We will not have final say on what happens on that property, but WE do have final say on whether or not that property is worth rezoning as a planned development district for hundreds of units. No matter what work is done over the next couple months, I can’t imagine that work being

27 worth the effort, I can’t imagine why we would want to put that work on our already tasked planning department and planning commission to figure out that this is an inviable project……This is very much outside of the normal process to be considering this rezoning – I can’t support it” – Council Member Anasha Cummings

“ I feel enough questions shave been raised, that I feel personally, that I don’t have the expertise to answer those zoning questions, so that is why we have a planning commission - they have the experience, they’ve done these sorts of things before. So, I feel it makes sense (to refer to Planning Commission) it doesn’t mean I am in favor of the project, I just want to hear their opinion on what’s best and what’s legal or what should be done” Council Member Sue Steele

“I don’t want to try and develop every piece of green space in the city of Troy. I feel like as a city green space, especially historically significant green space we should be working very hard to preserve…… I fully understand the arguments to send this to the planning commission to see what they have to say about it.….The spot zoning issues – it’s going to come back to us at some point…..I feel like it’s really hard to make an argument that this is ultimately not going to end up being spot zoning. “ – Council Member Ken Zalewski

“If this was city land – I we would be having a different conversation. In my opinion, this resolution is not set in stone, in terms of the proposal set in front of us. I foresee the developer having a super long haul should this pass” Council President Camella Montello

On September 10, 2020 – members of the Troy City Council expressed their concerns for moving forward with the development proposal submitted by developer Kevin Vandenberg and Jaime Easton of MJ Engineering for the vacant parcel at 1011 2nd Ave. Amongst the concerns brought up by the council, was the lack of expertise of the Troy City Council members surrounding the viability of the project with relation to environmental, historical and community impacts. Given the expressed concerns, it was voted to move the proposal to the Troy Planning commission, given the high level of their qualifications regarding these types of projects and rezoning requests. The experts of the Troy Planning Commission, on January 28, 2021 recommended AGAINST the rezoning request, stating during the vote that it would be contrary to the wellbeing of the community.

I bring these points and above quotes up for two reasons regarding Resolution 29 being proposed on April 27, 2021.

First and foremost – on September 10th - the Troy City Council passed the resolution to send the proposal to the Troy Planning Commission for their expert opinion, with full confidence and trust, that they would fully research and make the best-informed decision for the City of Troy. This has been done, their decision has been made, their input has been given. Yet, members of the Troy City Council are continuing to move forward, despite the recommendation of the Planning Commission. Not only is Resolution 29 being presented despite the overwhelming wishes of the constituents of the City of Troy – it is also being presented despite the trusted recommendation of the experts of the Planning Commission.

Second – Considering the significant historical and ecological significance of 1011 2nd Ave - I am deeply concerned with the level of qualification and expertise of the Troy City Council with regards to Resolution 29, to take the position of lead agency of the SEQRA process – especially given their comments made during the September 10th meeting. The SEQRA process is a long, 28 complicated and precise process which is set up to protect the city and community against adverse impacts associated with development projects such as this, and to identify and mitigate the significant environmental impacts of the activity it is proposing or permitting. Additionally, on January 28th. - the Troy Planning Commission stated during their decision meeting, that this proposal would be considered a Pos Dec (Positive Declaration) Type 1 SEQRA action – significantly extending the level of work that will be involved in properly and legally moving forward in this process. Given the complexity and time commitment of the SEQRA process – the lead agency should be with the high-level experts of either the Troy Planning Commission, the DEC, SHPO or other agency with high-level experts who have experience with this process.

In conclusion, it is ultimately the public that is at risk and bears the brunt of mistakes, oversights, and inexperience should Resolution 29 and this development proposal move forward – and it has already been stated by the Troy Planning Commission that this proposal is contrary to the wellbeing of the public. Additionally, if the Troy City Council takes on the position of lead agency, they will have to remain impartial during the process and will no longer be able to stand up for their constituents during the SEQRA process – further putting the community at risk and potentially opening the city up to litigation possibilities, should public harm result. I do not support Resolution 29 or any further actions to proceed with the development of 1011 2nd Ave.

Sincerely, Sarah Pezdek Friends of the Mahicantuck Round Lake, NY

Dear Members of the Troy City Council Planning Committee

* Please enter this letter into the record and include it in the minutes of the upcoming Planning Committee Hearing (April 27, 2021)

My name is Sharon Wesley. I own property and live in Lansingburgh.

I am writing to you in opposition to the requested zoning change for 1011 2nd Avenue (Tax Parcel 70.64-1-1) and in opposition to Resolution 29 declaring the City Council as "lead agency".

The “Sacred Forest” at 1011 2nd Avenue is unique. It is part of our area history, an important indigenous cultural and historical heritage site. It has rare and important ecology, with protected species. It protects the city and contributes to public health.

This forest deserves our protection!

I ask the Planning Committee to:

– Follow the Planning Commission's recommendation AGAINST rezoning

29 – A vote on Resolution 29 is PREMATURE and would create a process that constitutes SEGMENTATION, prohibited by State Law.

The “Sacred Forest” at 1011 2nd Avenue is the city’s last untouched forest along the Hudson River as well as a nationally significant (National Register-eligible) indigenous heritage site with artifacts dating back to 1500-3000 B.C. Our indigenous peoples maintain ties to this land. For them, it is sacred. It is unique for its history and cultural heritage. Can Troy obtain this land? Troy has some paved and developed riverfront the public can access, but could benefit from more natural riverfront locales. Public waterfront access is so valuable! Dont be like Cohoes.

Any action that might be taken on this land deserves the full attention of the immediate and surrounding communities. Development will already occur above, on the former hospital grounds. And Troy has properties and areas that can provide housing if a focus is placed on their renovation and rejuvenation, for the benefit of all near them, rather than create stand-alone pockets of gentrification.

A rezoning should not be considered, independent from known development plans. These plans are known to the council and administration. REZONING AND DEVELOPMENT PLANS MUST BE DOCUMENTED and CONSIDERED TOGETHER, to SAVE THE CITY MONEY AND TIME, streamline the review process and make it more efficient and just.

By not adopting Resolution 29 you are simply asking the developer to follow the proper legal processes by submitting a formal application for his development plans, as required by SEQRA. And what does the NYS DEC have to say about Hudson River waterfront development ?

I have friends in Pleasantdale, a peaceful older waterfront community immediately adjacent. Any development of 1011 2nd Avenue would likely impact their quality of life as well, and should not be undertaken willy-nilly without also consulting them and reviewing any and all potential impacts on them.

Thank you.

Sharon Wesley Lansingburgh NY

Dear Councilwoman Ashe-McPherson,

On behalf of Scenic Hudson and Riverkeeper, please see our comment letter dated 4/26/21 and attachments for your consideration and to forward to the members of the City of Troy Council Planning Committee.

Unfortunately, we will not be able to attend tomorrow evening's meeting to provide additional public comment, but please don't hesitate to be in touch if we can be of further assistance.

Thank you.

Rebecca Martin Director, Community Partnerships Program

[Attachments on following pages.]

31 April 26, 2021

By email: [email protected]

Ms. Kim Ashe McPherson And Members of the City of Troy Common Council Planning Committee

City of Troy c/o Common Council Planning Committee 433 River Street Troy, NY 12180

Re: Common Council Resolution Declaring The Troy City Council “Lead Agency” For Rezone Request (Council Member Gulli) (At The Request Of The Administration)

Dear Ms. Ashe McPherson and Members of the Common Council Planning Committee,

Riverkeeper and Scenic Hudson are writing to urge the Troy City Council to recommend against its intent to act as “lead agency” under 6 NYCRR Part 617 (SEQR) in connection with the request for an ordinance amending Chapter 285 of the Code of the City of Troy to change the zoning classification for Tax Parcel 70.64-1-1 from R-1 Single Family Residential to P Planned Development. The request was reviewed extensively by the City of Troy’s Planning Commission and on January 28, 2021, it was rejected by a 4-1 vote. If granted by the City Council, the rezoning from R-1 to P would not be in accordance with the recently adopted Realize Troy Comprehensive Plan (2018), as required by N.Y. General City Law Section 28-a(12), a plan that was passed unanimously on May 3, 2018 which included many of the current council members (see: Minutes from Troy Common Council 05/03/18).

In our joint letter dated December 29, 2020, N.Y. General City Law requires that “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.” Further, according to the New York State Department of State (NYSDOS) "New York’s zoning enabling statutes (the state statutes which give cities, towns and villages the power to enact local zoning laws) require that zoning laws be adopted in accordance with a comprehensive plan. The comprehensive plan should provide the backbone for the local zoning law." In fact, we believe that such a rezoning would be inconsistent with several key goals of the Comprehensive Plan as they relate to both Lansingburgh and the project site.

Additionally, it is premature to consider rezoning until the developer has submitted an EAF that includes the whole action and the City has made a SEQR determination, as SEQR requires that the Lead Agency must evaluate the whole action that includes proposals or parts of proposals that are related to each other closely enough to be a single course of action (see: NYSDOS on Segmentation in SEQR). The Planning Commission has already identified that rezoning is a Type 1 Action under SEQRA, requiring a coordinated review by a designated lead agency. In this case, it is clear that all three actions -- a Comprehensive Plan amendment, rezoning and the proposed development itself -- would result in adverse impacts. The project will require an Environmental Impact Statement.

Sincerely,

Jeffrey Anzevino, AICP Chris Bellovary Director of Land Use Advocacy Staff Attorney Scenic Hudson Riverkeeper

Attachments Joint Letters: December 29, 2020 and January 28, 2021

December 29, 2020

By email: [email protected]

Ms. Deirdre Rudolph, P.E., Chair and Members of the City Planning Commission City of Troy c/o Planning Commission 433 River Street Troy, NY 12180

Re: Public Hearing on Planning Commission Recommendation to the City Council for Zone Change (1011 Second Avenue) Kevin Vandenburgh is proposing a zone change from R-1 (Single-Family Residential Detached, §285-52) to PDD (Planned Development District, §285-57)

Dear Ms. Rudolph and Members of the Planning Commission:

Riverkeeper and Scenic Hudson are writing to urge the Planning Commission to recommend against the above-referenced rezoning request. If granted by the City Council, the rezoning from R-1 to PDD would not be in accordance with the recently adopted Realize Troy Comprehensive Plan (2018), as required by N.Y. General City Law Section 28-a(12).

Realize Troy—based on robust public input Urban Strategies, Inc., the planning firm hired by the City to draft Realize Troy, describes the Comprehensive Plan as a three-part community planning initiative developed with a “strong focus on public consultation, both in-person and using a variety of social media channels, and aimed to establish a clear vision and set of action strategies to address both the current and future needs of the City.” Urban Strategies’ website states that the Comprehensive Plan established “a clear community-based vision and action plan to guide the city’s overall development over the next 20 years” and Realize Troy identified “short and longer-term community needs, reinforced and confirmed a set of broadly supported community goals and created a blueprint for future government actions.”1

We bring this to your attention as a reminder that the Realize Troy was created in the context of a robust public engagement process that resulted in an explicit statement of the City’s vision for itself, including the land use future for the subject parcel and surrounding neighborhoods. Realize Troy

1 https://www.urbanstrategies.com/project/realize- troy/#:~:text=Realize%20Troy%20is%20a%20three,a%20city%2Dwide%20comprehensive%20plan.&text=It%20will %20establish%20a%20clear,over%20the%20next%2020%20years. envisions the parcel as remaining in Low Rise Residential use and, in fact, identifies another nearby site as appropriate for the scope and scale of development that would be made possible by this rezoning. As a result, if granted, the requested rezoning would permit three, four-story buildings with between 230 and 250 multi-family units. This scale of development would directly conflict with Realize Troy’s recommendations and the community’s vision for low rise development at the site.

Rezonings must be in accordance with Comprehensive Plans N.Y. General City Law requires that “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.”2 Further, according to the New York State Department of State (NYSDOS) "New York’s zoning enabling statutes (the state statutes which give cities, towns and villages the power to enact local zoning laws) require that zoning laws be adopted in accordance with a comprehensive plan. The comprehensive plan should provide the backbone for the local zoning law."3

Realize Troy’s vision for the subject parcel The Comprehensive Plan’s Map 14 identifies the subject tax parcel as “Low Rise Residential” (see Appendix A attached to this letter). The parcel is currently zoned R-1 (Single Family Residential— Detached), which permits up to 3.6 dwelling units per acre. Currently, the R-1 zoning would permit up to 36 single family homes on the site. The concept plan submitted in association with this rezoning request proposes approximately 240 multi-family units in three, four-story buildings, a density of 666% above permitted levels and with four-story building heights inconsistent with Low Rise Residential uses.

Therefore, Riverkeeper and Scenic Hudson believe that a rezoning from Single Family Residential to Planned Development District in order to accommodate four-story buildings would not be in accordance with the Comprehensive Plan’s designation of Low Rise Residential and would therefore be inconsistent with N.Y. General City Law Section 28-a(12), as well as NYSDOS guidance.

Other nearby sites are identified as Major Reinvestment Areas Realize Troy identifies “action strategies,” including the designation of seven “Major Reinvestment Areas,” defined as places envisioned by the community as priorities for renewal, neighborhood revitalization and large-scale development. According to Realize Troy:

“Major reinvestment areas are locations in the city in most need of renewal and which also have the potential to accommodate most of the population and employment growth planned for Troy. Strategic initiatives in these areas are intended to catalyze neighborhood revitalization, transform derelict portions of the waterfront and spark economic development. They include large-scale redevelopment opportunities that can result in distinct new employment and mixed- use areas, sites appropriate for significant park and other public realm improvements and areas for neighborhood growth and revitalization.”4

2 NY City Law Section 28-a(12) 3 https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf 4 Realize Troy, page 68 Revitalize Troy, page 71 and 72; also attached here as Appendices B-1 and B-2). Realize Troy does NOT propose extending this mixed-use development—nor any high-density development, including apartments as proposed in this rezoning, onto the undeveloped, wooded parcel to the north zoned R-1 and identified in Map 14 as appropriate to remain in Low Rise Residential land use.

Environmental Justice Concerns The subject parcel is located in a New York State Department of Environmental Conservation (NYSDEC)- designated “Potential Environmental Justice Area.”5 According to the NYSDEC’s website:

”Environmental Justice is the fair and meaningful treatment of all people, regardless of race, income, national origin or color, with respect to the development, implementation, and enforcement of environmental laws, regulations and policies. Environmental Justice allows for disproportionately impacted residents to access the tools to address environmental concerns across all of DEC's operations.”6

The NYSDEC’s definition of Environmental Justice includes the Indigenous Peoples (Native Americans) who lived here before the coming of the Europeans and who still live in New York today. It is our understanding that representatives of Indigenous Peoples have expressed historic ties to the subject site, which is eligible for listing on the National Register of Historic Places. In fact, the applicant’s Project Narrative indicates there are eight locations of archaeological artifact concentration on the site.7

Given this unique set of circumstances—the parcel’s well-documented archaeological sensitivity, Indigenous peoples’ concern for the site, and its location in a State-designated Potential Environmental Justice Area—Riverkeeper and Scenic Hudson urge the Planning Commission to take seriously comments and concerns expressed by representatives of Indigenous peoples with ties to the site.

Conclusion During the development of the Realize Troy, undertaken with robust public involvement and adopted by the City Council just two years ago, it was not anticipated that the undeveloped, wooded parcel at 1011 2nd Avenue would be an appropriate place for intense development, in this case approximately 240 multi-family units—an increase in density of 666%. In fact, Realize Troy specifically includes this parcel in the “Low Rise Residential” land use category and the rezoning request would permit four-story buildings. In light of the above Riverkeeper and Scenic Hudson urge the Planning Commission to recommend against the application to rezone Tax Parcel Number 70.64-1-1 on 2nd Avenue from R-1 (Single Family Development) to PDD (Planned Development). Such rezoning would not be in accordance with the Comprehensive Plan as required by N.Y. General City Law Section 28-a(12).

Finally, given the well-documented archaeological sensitivity of the site, concerns raised by representatives of Indigenous peoples, and the site’s location in a Potential Environmental Justice Area, we urge the Planning Commission to take seriously comments and concerns expressed by representatives of Indigenous peoples with ties to the site.

Thank you.

5 https://www.dec.ny.gov/docs/permits_ej_operations_pdf/rensselaerej.pdf 6 https://www.dec.ny.gov/public/333.html 7 Project Narrative for Second Avenue; MJ Engineering & Land Surveying, PC; October 28, 2020; Exhibit 5- Archaeological Concentration Plan, C-2 on page 17

Sincerely,

Jeffrey Anzevino, AICP Christopher Bellovary Director of Land Use Advocacy Staff Attorney8 Scenic Hudson Riverkeeper

Attachments Appendix A Appendix B-1 Appendix B-2

8 Christopher Bellovary is in the process of applying for licensure in the State of New York and currently licensed to practice law within Washington State and Wisconsin (WSBA Member 37657, WisBar Member 1052534).

January 28, 2021

By email: [email protected]

Ms. Deirdre Rudolph, P.E., Chair and Members of the City Planning Commission City of Troy c/o Planning Commission 433 River Street Troy, NY 12180

Re: Planning Commission Review of requested Zone Change (1011 Second Avenue) Kevin Vandenburgh is proposing a zone change from R-1 (Single-Family Residential Detached, §285-52) to PDD (Planned Development District, §285-57)

Dear Ms. Rudolph and Members of the Planning Commission:

Scenic Hudson and Riverkeeper are in receipt of a document entitled Second Avenue Apartments Narrative Description Report (January 2021) which we believe contains serious errors of omission that should be brought to your attention.

As you know the Applicant proposes to construct three, 4-story multi-family apartment buildings on an 11-acre property, most of which is in the City of Troy with a smaller portion in the Town of Schaghticoke. The property is in the R-1 zoning district which does not permit development of this scale, height or magnitude. Therefore, the Applicant has requested a rezoning to Planned Development District.

Scenic Hudson and Riverkeeper write again to reiterate our request urging the Planning Commission to recommend to the City Council that the zoning request should be denied. The Narrative Description has omitted inconsistencies with key goals in the Realize Troy Comprehensive Plan (2018). In fact, we believe that such a rezoning would be inconsistent with several key goals of the Comprehensive Plan as they relate to both Lansingburgh and the project site.

Why the Narrative Description Report’s Case Must Be Rejected The Narrative rationalizes the proposed 220-240-unit development’s relationship with Realize Troy by presenting the project along with some broad Citywide goals such as providing sidewalks, river access, new housing, etc. However, the narrative omits specific goals as they directly relate to Lansingburgh and the project site.

Inconsistent with Goal 6 The Narrative omits what Realize Troy says about how sites in Low Rise Residential areas should be developed. Goal 6.2 specifically states that “development in stable neighborhoods will respect and reinforce the existing neighborhood character and pattern of development.” Further, Goal 6.2.2 speaks specifically to Low Rise Residential Areas and limits development to “low density,” “ground-related,” “and three stories.” 1

In this case, the Applicant proposes a density increase of up to 666% over existing permitted R-1 density, and at four stories, is certainly by any definition not respectful or reinforcing of its single-family context. We urge the Planning Commission to consider the impact of allowing between 220 and 240 residential units in four-story buildings adjacent to a neighborhood of single-family homes.

The Narrative contends that the apartment project would support “Compact Growth” because a trail would be established to the Hannaford’s. However, the narrative excludes any context about building a high-density apartment complex on a forested site in a single-family neighborhood at the edge of the City.

Inconsistent with Goal 2—Promote Healthy, Safe and Green Neighborhoods Under Goal 2, Promote Healthy, Safe and Green Neighborhoods, the Comprehensive Plan describes Lansingburgh as “one of the oldest neighborhoods in Troy. It is an area with a distinct character, a deep history and strong community bonds.” The Plan says that “strategic reinvestments in this neighborhood can support the intentions of the Comprehensive Plan and can have a number of positive benefits towards the goals of greater neighborhood stability and continued reinvestment (emphasis added).”

Responding to an application to rezone a parcel for development out of character with the surrounding single-family neighborhood would not be considered strategic, but rather opportunistic. Further, rezoning to permit between 220 and 240 multifamily units in four-story buildings a single-family residential neighborhood would not respect or reinforce the neighborhood character or pattern as required by Goal 6.2.

Inconsistent with Goal 5—Invest in Sustainable Infrastructure and Sustainable Development The proposal is inconsistent with Goal 5 as it does not protect a key watercourse and would develop a large forested area along its shore with high density multi-family units. 2

Map 12 on page 59 indicates that much of the project site is in the Hudson River’s 100-year floodplain. The Hudson River is arguably Troy’s most important watercourse. Given that these areas are to be protected from major development, rezoning an R-1 parcel to accommodate up to a 666% increase in development would not protect this important watercourse, particularly when one considers this is a forested site.

The proposal does not satisfy the Intent of the Planned Development District The Development Narrative describes the philosophy of the Planned Development District (P):

This District is designed to maximize choice in the types of environment, housing, densities, occupancy tenure, lot sizes, community facilities, usable open space and recreational areas

1 Realize Troy, page 62 2 Realize Troy, page 58

within a large parcel of land in which a planned mix of residential uses is proposed. The intent of this District is to foster a creative and efficient use of land resulting in small networks of utilities and streets, the preservation of existing natural resources, and a development pattern consistent with community needs and standards. 3

Our review of the proposed project finds a forested, archaeologically rich riverfront site cleared for a typical suburban apartment complex with freestanding four story buildings, roads and parking lots scattered throughout the parcel. While development would be set back from the river and a trail provided, very few natural resources would be protected, little creativity demonstrated in the site plan, and no mix of residential uses provided. In fact, the Applicant proposes one and two-bedroom units in similar multi-family buildings—no mix of building types.

Based on the above, the proposal does not satisfy the philosophy pf the Planned Development District as it does not provide a mix of residential uses, foster creative or efficient land use, small networks of utilities and streets, or preservation of natural resources.

Rezonings must be in accordance with Comprehensive Plans As we’ve stated in our December 29th letter, N.Y. General City Law requires that “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.”4 Further, according to the New York State Department of State (NYSDOS) "New York’s zoning enabling statutes (the state statutes which give cities, towns and villages the power to enact local zoning laws) require that zoning laws be adopted in accordance with a comprehensive plan. The comprehensive plan should provide the backbone for the local zoning law."5

Realize Troy’s vision for the subject parcel The Comprehensive Plan’s Map 14 identifies the subject tax parcel as “Low Rise Residential” (see Appendix A attached to this letter). The parcel is currently zoned R-1 (Single Family Residential— Detached), which permits up to 3.6 dwelling units per acre. Currently, the R-1 zoning would permit up to 36 single family homes on the site. The concept plan submitted in association with this rezoning request proposes between 220 and 240 multi-family units, a density of up to 666% above permitted levels, in four-story building heights, which is inconsistent with Realize Troy’s vision for Low Rise Residential areas.

3 Second Avenue Apartments Narrative Description Report; January 2021, p. 15 4 NY City Law Section 28-a(12) 5 https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf

In fact, Realize Troy identifies two Major Reinvestment Areas in Lansingburgh, one of which includes the Hannaford’s parcel immediately to the south of the subject parcel. Realize Troy conceptually proposes redeveloping this site with a large building fronting 126th Street, parking behind the building, and mixed-use 1-4 story residential buildings with required ground floor retail fronting 2nd Avenue (see Revitalize Troy, page 71 and 72; also attached here as Appendices B-1 and B-2). Realize Troy does NOT propose extending this mixed-use development—nor any high-density development, including apartments as proposed in this rezoning, onto the undeveloped, wooded parcel to the north zoned R-1 and identified in Map 14 as appropriate to remain in Low Rise Residential land use. One would think that if the subject parcel was appropriate for four story, high—density multi-family buildings, Realize Troy would have extended this Major Reinvestment Area onto that parcel. But the parcel is identified as Low Rise Residential.

“Environmental Justice is the fair and meaningful treatment of all people, regardless of race, income, national origin or color, with respect to the development, implementation, and enforcement of environmental laws, regulations and policies. Environmental Justice allows for disproportionately impacted residents to access the tools to address environmental concerns across all of DEC's operations.”8

The NYSDEC’s definition of Environmental Justice includes the Indigenous People (Native Americans) who lived here before the coming of the Europeans and who still live in New York today. It is our understanding that the Schaghicoke First Nations, as well Mahican, Lenape and other indigenous people, have expressed historic ties to the subject site. According to the Friends of the Mahcantuck, the land is suspected as a one of the potential sites for an indigenous village located in the area and is eligible for listing on the National Register of Historic Places.9 In fact, the applicant’s Project Narrative indicates there are eight locations of archaeological artifact concentration on the site.10

6 Realize Troy, page 68 7 https://www.dec.ny.gov/docs/permits_ej_operations_pdf/rensselaerej.pdf 8 https://www.dec.ny.gov/public/333.html 9 http://www.friendsofthemahicantuck.org/history/ 10 Project Narrative for Second Avenue; MJ Engineering & Land Surveying, PC; October 28, 2020; Exhibit 5- Archaeological Concentration Plan, C-2 on page 17

and concerns presented by representatives of the Schaghitcoke First Nations, Friends of the Mahicantuck, and other indigenous peoples expressing ties to the site.

Conclusion During the development of Realize Troy, undertaken with robust public involvement and adopted by the City Council just two years ago, it was not anticipated that the undeveloped, wooded parcel at 1011 2nd Avenue would be an appropriate place for intense development, in this case approximately between 220 and 240 multi-family units—an increase in density of up to 666%.

In fact, Realize Troy specifically includes this parcel in the “Low Rise Residential” land use category and the rezoning request would permit four-story buildings. As indicated above Realize Troy in Goals 6.2 and 6.22 anticipate that “Development in stable neighborhoods will respect and reinforce the existing neighborhood character and pattern of development” and “Low-Rise Residential areas shall contain low- density, ground-related housing that is no greater than three-stories in height” (emphasis added). We believe that the potential for 666% increase in density with four story buildings should not be consistent with these important goals.

Given the well-documented archaeological sensitivity of the site, concerns raised by representatives of indigenous peoples, the site’s National-Register eligibility, and its location in a Potential Environmental Justice Area, we urge the Planning Commission to take seriously comments expressed by the Friends of the Mahicantuck as well as representatives of the Schaghitcoke First Nations, Stockbridge Munsee and other indigenous peoples with ties to the site.

Finally, because the Applicant’s proposal and proposed rezoning are inconsistent with the Comprehensive Plan, and in light of the above, as well as our December 29th letter, Scenic Hudson and Riverkeeper urge the Planning Commission to recommend against rezoning this site to Planned Development District (P). Such rezoning would not be in accordance with the Comprehensive Plan as required by N.Y. General City Law Section 28-a(12).

Thank you.

Sincerely,

Jeffrey Anzevino, AICP Christopher Bellovary Director of Land Use Advocacy Staff Attorney11 Scenic Hudson Riverkeeper

Attachments Appendix A Appendix B-1 Appendix B-2

11 Christopher Bellovary is in the process of applying for licensure in the State of New York and currently licensed to practice law within Washington State and Wisconsin (WSBA Member 37657, WisBar Member 1052534).

Attachment A

Realize Troy, Map 14, Land Use

Note: Subject parcel is designated in area for Low-Rise Residential Attachment B-1

Realize Troy, Map 14, Land Use

Note: Adjacent Hannafords site in Majpr Reinvestment Area and proposed for redevelopment with building fronting 126th Street, parking behind, and 1-4 story residential; buildings with ground floor retail

Note: Subject parcel is NOT in Major Reinvestment Area and designated as for Low-Rise Residential Attachment B-2

Realize Troy, Major Reinvestment Areas

Note: Subject parcel is NOT in Major Reinvestment Area and designated as for Low-Rise Residential please enter into the record and include in the minutes this email as well as the attached documents:

1) A written statement regarding Res. 29

2) Documents provided in a google drive folder with evidence supporting the archaeological significance of the site warranting a “pos dec” once a lead agency has been established, available here: https://drive.google.com/drive/folders/1xQCThTny5v2ONHBs4xofQfToq5iCzV_l?usp=sh aring

3) A petition of residents of Troy, the Capital District and the country, with 5000 signatures, showing the overwhelming attention across the region and the country and the strong opposition to this proposal.

Sincerely,

The Friends of the Mahicantuck www.save1011.org [email protected]

[Attachments on following pages.]

32 Dear Members of the Planning Committee.

The Friends of the Mahicantuck are opposed to adopting Res. 29. It is our position that adopting Res. 29 is inappropriate and premature at this point in the process for the following four reasons.

1. Commissioner Strichman in his memo attached to the resolution indicates that the task remains before the City Council to determine whether to consider the applicant’s request for a change in zoning ordinance. If this is the intent of the Committee, Res. 29 does not do this. 2. According to SEQR, a lead agency must be declared up to 30 days after proposal of an action and submission of an EAF1. The EAF attached to Res. 29 was received more than 30 days ago (entered in the record on December 29, 2020). Is this EAF still applicable, as the 30 days period has expired? 3. The EAF contains several omissions and mistakes. This includes an incomplete list of involved agencies. Should these omissions be rectified before considering action on this EAF? 4. What is the action under review that the Council is declaring its intent to act as lead agency for through Res. 29? 5. When was the last time that the City Council was the lead agency in an Environmental Review and does it have the capacities to act in this role or would another agency such as the Planning Commission be more appropriate to serve in this role? Considering a provision in CP-29, should the DEC coordinate the action?

Additionally our organization and the community expect a positive declaration (pos dec) once a lead agency is established, as at least one significant negative impact is likely to result from this action, as provided to the record via the “Troy’s Sacred Forest” report2 added to the record of this meeting.

Ad 1) Planning Commissioner Steven Strichman explains in his memo that the decision before the Planning Committee on April 27, 2021 is about whether to consider the applicant’s request. In reference to the Planning Commission’s recommendation, the Commissioner writes:

“The PC’s recommendation is advisory in nature. It remains within the discretion of the City Council as to whether you will consider the applicant's request for a rezone to P District”.

However, Resolution 29 does also not constitute a decision as to “whether you will consider the applicant’s request for a rezone to P district”, as the Commissioner’s memo would suggest in identifying “next steps”. A declaration of lead agency is a specific action within SEQR to be

1 SEQR FLOWCHART by DEC: https://www.dec.ny.gov/docs/permits_ej_operations_pdf/seqrflowchart.pdf SEQR HANDBOOK by DEC: https://www.dec.ny.gov/docs/permits_ej_operations_pdf/seqrhandbook.pdf 2 “Troy’s Sacred Forest”: http://www.friendsofthemahicantuck.org/wp-content/uploads/2021/01/final-jan2021-Report-SACRED-FOR EST.pdf made at a specific point in time, it is not a judgment or decision by a City Council whether to consider a rezoning.

Ad 2 and Ad 3) An action was not proposed and an EAF was not submitted within 30 days prior to the date that establishes a lead agency via this resolution the EAF attached to this resolution was submitted in December 2020. This raises two questions? Why was no lead agency declared within 30 days of the date this EAF was submitted? Is this EAF still valid, as it is outside the 30 day time frame to declare a lead agency?

The EAF attached to Res. 29 additionally contains several omissions and mistakes that should be corrected and resubmitted. Key omissions are provided in Appendix A of this letter, and include an incomplete list of involved agencies. You should ask yourself: Should you act on an EAF with significant omissions and mistakes, or should you insist on correction and re-submission of the EAF before acting on it?

We strongly urge you to not declare a lead agency until these questions have been addressed. We would recommend you to ask the developer to submit a complete and corrected “full EAF” and declare lead agency within the 30 day timeframe after submission of this revised “full EAF”.

Ad 4) Resolution 29 declares the intent to act as lead agency for a rezoning request for a single tax parcel within the City of Troy. Statements included in the previous record by members of the city council, planning commission and by the Planning Commissioner establish SEQR review only for the request for Tax Parcel 70.64-1-1.

Res. 29, as published in the Agenda for the Planning Committee meeting on April 27, 2021, also clearly states that this SEQR review is solely for the rezoning of Parcel 70.64-1-1: This is also reaffirmed by the memo by Commissioner Steven Strichman. In his recommendation for next steps, he writes: “Next Step: To consider this request, the City should declare their intent to act as lead agency on this action for State Environmental Review. Since this is a type 1 action, staff will then mail a notice of intent to all involved and interested agencies that will have 30 days to contest Lead Agency designation.”

In this statement, reference to “this action” is again exclusively to the proposed action of a request for change in zoning ordinance.

However, attached to Res. 29 is an EAF that proposes an action of a development and rezoning for two tax parcels, one in the City of Troy (the parcel included in Res. 29) and one in the Town of Schaghticoke (not included in Res. 29).

Additionally, the submitted plans attached to the resolution are marked as “draft”. It is therefore unclear what the proposed development plans are and if there was an application for these plans.

For these reasons, we urge you to clarify Resolution 29 for what the action under review is, that lead agency is being declared for.

Ad 5) We are uncertain on whether the City Council is the ideal agency to take on the role and responsibilities as lead agency. When was the last time the council acted as lead agency? The lead agency has to be impartial. Is it possible for the city council to act impartially and not advocate and act in the interest of the people they are supposed to represent? Is it in the interest of the City Council and its members as elected representatives to take on an impartial role? Is there a better suited involved agency to take on the role as lead agency? We think that the Planning Commission has the necessary resources and expertise to act as lead agency on this proposed action.

Additionally, as this project is located in an environmental justice area, we want to draw your attention to DEC CP-29 Section G:

“G. Coordinated Review. Where a potential environmental justice area is identified by the preliminary screen, the action is classified in 6 NYCRR Part 617 as either Type I or Unlisted and the project involves more than one agency, the DEC shall coordinate the review of the action with the other involved state and local agencies.”

An environmental justice area is identified, the action is classified as type I and it involves more than one agency. Therefore, “the DEC shall coordinate the review of the action with the other involved state and local agencies”. This raises the question if the DEC is the appropriate lead agency?

Considering these concerns and questions, we suggest that Res 29 should NOT be adopted at this point, for two reasons: a) If the intent of the Planning Commission is to decide “whether you will consider the applicant’s request for a rezone to P District”, as suggested in the Planning Commissioner’s memo, then Res. 29 does not constitute such a decision. b) If the intent of the Planning Commission is to declare lead agency then significant questions should be resolved before declaring lead agency. i) The EAF attached to Res 29 was submitted more than 30 days ago (Dec, 2020). To our knowledge, no lead agency was declared within 30 days of submission. Why is that? Is this EAF still valid? ii) The EAF has significant mistakes and omissions, including an incomplete list of involved agencies. Should the EAF be corrected and resubmitted before declaring a lead agency? iii) The EAF identifies a rezoning + development on two tax parcels as action; Res. 29 does not declare lead agency for the action identified in this EAF. It is unclear which action is under review that Res. 29 is declaring lead agency for.

RECOMMENDATION: A) We recommend that the city council determine what action it is declaring lead agency for and should declared as such within the 30 day time window defined in SEQRA. B) We recommend that the developer is asked to re-submit a full EAF with necessary corrections. This would also allow the lead agency to be declared for a clear and complete action as identified in such an full EAF and within 30 days after submission of the full EAF. C) If the City Council Committee intends to make a decision on “whether you will consider the applicant's request for a rezone to P District” as indicated as question to the council in Commissioner Strichman’s memo, the council or committee should schedule a meeting to make this decision. D) After a lead agency is established, that lead agency should make a “positive declaration” in consideration of the established record for this action and request and the anticipated negative impacts anticipated for this action.

In Appendix A we provide a list of key omissions and mistakes in the EAF that is attached to Res. 29.

In Appendix B we provide a discussion of legal questions regarding spot zoning, segmentation and comprehensive plan inconsistencies.

Sincerely,

The Friends of the Mahicantuck www.save1011.org [email protected] APPENDIX A — OMISSIONS AND MISTAKES IN THE EAF In the following, the most severe omissions and incorrect statements are identified. This list is not necessarily complete:

● Whereas according to the EAF B. Government Approvals, Funding, or Sponsorship This list is incomplete and does not list important involved agencies: Town of Schaghticoke Village Board of Trustees, Town of Schaghticoke Planning Board or Commission. ● Whereas according to the EAF B.i. Is Project Listed as a Designated Inland Waterway — ”NO”. This is incorrect. The Hudson River north of the Troy Federal Dam is a designated inland waterway according to DoS (reference added to the record). ● Whereas according to EAF C.3.c. Is a zoning change requested as part of the proposed action? — if Yes, what is the proposed new zoning for the site? — “Planned Development”. The proposed new zoning for this site does not support the proposed density of units, number of units, and potentially building height and would require additional variances. The developer should identify and indicate an appropriate zoning that supports his development plans. ● Whereas according to the EAF D.2 a. Does Proposal include excavation — ”No”. It appears impossible to build the proposed development including underground garages as detailed in the submitted Project Narrative without excavation. ● Whereas according to the EAF D.2.d. Does the existing wastewater treatment plant have capacity to serve the project — ”Yes”. However, according to the Project Narrative, this project will increase the amount of sewage overflow into the Hudson River: “Any new connections or sewer flows to the CSO should be offset by removing CSO connections elsewhere in the system”. It is unclear how this can be provided. ● Whereas according to the EAF D.2.f Does Proposal require a NY State Air Registration, Air Facility Permit — ”No”. However, it is unclear how heating will be provided at this stage of planning. If fuel combustion will be used for heating, a permit will be required. ● Whereas according to EAF D.2.j Does Proposal substantially increase traffic — ”No” While an traffic analysis provided to the record by the developer prior anticipates no significant traffic increase for the analyzed intersection with the Waterford bridge, significant traffic increase must be expected for the neighborhood itself, especially 2nd Avenue north of the intersection, and would constitute a significant impact to the neighborhood. The traffic analysis provided in the project narrative anticipates an increase of 111 additional cars; compared with a traffic increase between 2015-2019 of only 35 cars. At the same time, the project location is not served by public transport, raising significant questions about the validity of an increase by only 111 cars to serve 240 apartment units. ● Whereas according to EAF E.2.b. Are there bedrock outcroppings on the site — ”No”. However, extensive bedrock outcroppings are present at this site, particularly along the Hudson River waterfront. For additional information see discussion of ecological findings provided in the Friends of the Mahicantuck “Troy’s Sacred Forest” report of January 22, 2021. An extensive geological survey by Hartgen is provided to the record of this meeting, clearly stating that bedrock outcroppings dominate this specific site. ● Whereas according to EAF E.1.c. Is the project site presently used by members of the community for public recreation — ”No” However, although this site is privately owned, it is not posted and public uses are tolerated by the owner. The site is well known as water access for the community and frequently used by members of the public for recreational purposes including nature walks and fishing. Additionally, this parcel extends into neighbor’s backyards, thereby using parts of this land for recreational purposes, as is tolerated by the current owner (Adverse Possession). ● Whereas according to EAF E.2.p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of special concern? — ”No” However, ecological surveys of December 2020 and January 2021 document the presence of several county-rare species as well as of at least one state-rare species (Sharp Hornsnail) on the site. These findings have been submitted to and recorded by the New York State Department for Environmental Conservation. APPENDIX B — LEGAL AND PROCESS QUESTIONS Fact Sheet on Res. 29 Vote in Planning Committee Tuesday, April 27, 6pm

Res. 29 would declare the City Council as “lead agency” in the SEQRA review process. This is the first step kicking off the Environmental Quality review as mandated by state law.

If the committee votes to adopt Res. 29 it moves to the City General Council for final vote, formalizing the declaration and begins the SEQRA review process, moving this development forward.

Adopting Resolution 29 would be an implicit decision to move forward with the consideration of the rezoning request.

However:

1. The Planning Commission reviewed this application to determine whether the proposed rezone would be in the public’s best interests. The Planning Commission overwhelmingly denied the application, finding it contrary to the welfare of Troy residents. As such, the ONLY person served by looking at this application would be the developer, Kevin Vandenburg. As noted in Andrew Brick’s letter regarding spot zoning, this application DOES constitute spot zoning because it is not in the public’s best interests: “The relevant inquiry is … whether it benefits the general welfare of the community as a whole.” Letter of Andrew Brick, March 4, 2021, citing Baumgarten v Town of North Hampton, 35 A.D.3d 1081 (3d Dep’t 2006).

2. Due to the vast cultural resources and historical connections of this land to the Stockbridge Munsee Tribal Band, as well as Schaghticoke First Nations and other indigenous peoples, the City must first consult with the affected tribal leaders under CP42 / Contact, Cooperation, and Consultation with Indian Nations to maintain Troy’s respect for First Nations Peoples and the rich culture they add to Troy’s history.

3. Before voting, understand what you are voting on: The City Council has not formally decided to proceed with review of Mr. Vandenburg’s rezone application. Before taking up lead agency status and taking on responsibility for an appropriate review of this application, seek clarification on what the application requires the City Council to do. For instance, is Mr. Vandenbug asking for a zoning amendment, but also asking you to ignore his development plans (one that he has already submitted)?

4. Because the developer has already provided his development plans, SEQRA review of the development proposal cannot be segmented from review of the rezone without violating the prohibition on segmentation under SEQRA. Similarly, a SEQRA review of only one of the two tax parcels identified by the developer in his EAF and project narrative would also constitute segmentation. See Kirk-Astor Drive Neighborhood Ass’n v Town Board of Town of Pittsford, 106 A.D 2d 868, 869, 483 N.Y.S. 2d 526, 528 (4th Dep’t 1984); Taxpayers Opposed to Floodmart, Ltd. v City of Hornell Industrial Development Agency, 212 A.D.2d 958, 624, N.Y.S.2d 698 (4th Dep’t 1995).

You should not accept this responsibility as lead agency, as it would create a review process that is contrary to New York State Law (see points above).

DOES THE CITY HAVE CONTROL OVER THE DEVELOPMENT IF THE REZONE IS APPROVED?

NO. The Planned Development District request by Kevin Vandenburg would give the developer a “blank check” to build whatever he wants on this site — including cutting the entire forest to build something that is currently prohibited in this neighborhood. If approved, the developer will NOT BE BOUND to build according to his current promises. Instead, he will be able to build anything allowed in the Planned District. As you know, the Planned District has very few controls, which is the reason it is uncommon.

Which brings us to the second important point: Under current zoning, the proposed development is PROHIBITED because it is out of place with the neighborhood and contrary to the interests of the City’s residents. Moving forward with this zoning change will undermine the expectations and welfare of all Troy residents who have relied on the current zoning. Mr Vandenburg is seeking a windfall at everyone else’s expense.

Third, this proposed rezone is so incredibly contrary to the City’s Comprehensive Plan. The City’s Comprehensive Plan identifies the reasons the City this neighborhood in terms of history, waterfront, floodplain, and ecosystem services. The rezone shows a clear disrespect for all of the work that went into the Comprehensive Plan, and worse, this rezone (and the development proposed by Mr. Vanderburg) is inconsistent with the Comprehensive Plan.

IS THERE A WAY FOR THE CITY TO MAKE SURE THAT DEVELOPMENT PLANS AND REZONING ARE CONSIDERED TOGETHER?

YES.

The Council Planning Committee should NOT adopt Res. 29, as it is premature. Instead, the developer should formally submit an application for his development plans to the city. Such an application would include what is called an EAF (Environmental Assessment Form). On this form, the developer would need to indicate a request for zoning change as one of the “discretionary actions”. This would ensure that development plans and changes in zoning code are considered TOGETHER during Environmental Quality review, while at the same time committing the rezoning to concrete development plans.

IF RES 29 IS NOT PASSED, DOES THAT MEAN THE DEVELOPER CANNOT BUILD HIS DEVELOPMENT?

NO.

If the Committee does not vote on RES. 29 as PREMATURE, or votes against the resolution as PREMATURE, it could ask the developer to submit an application for the concrete development plans and project, as described above.

That has the advantage that the City of Troy can ensure that any change in zoning code is considered fully for its impacts on the community during SEQRA instead of giving the developer a “blank check” to build any project allowed within a new zoning code.

COULD THE DEVELOPER JUST BUILD SINGLE FAMILY HOUSES IF THE CITY DOESN’T APPROVE REZONING?

NO.

The construction of single-family houses as well as any subdivision would require its own SEQRA review and permitting process, including city, state and federal permits.

- SEQRA: This land is located in a DEC designated Potential Environmental Justice Area. This means that any action (such as single-family housing development) would be automatically a full type-1 SEQRA review. - State and Federal Permits: The land is located along a federal waterway, at a designated National Historical Register site, the land contains historically and archeological sensitive areas, as well as several documented rare and protected species (including county and state rare and threatened species). This means that any single-family housing development would require local, state and federal permits that are — given the stated facts — unlikely to be granted. - Economically Infeasible — A single family housing development of the site has been deemed economically unsustainable during testimony, as shown in the record: Given tax costs to income benefit rations in combination with the costs and associated uncertainties of any SEQRA and permitting requirements, cost of increased public outreach requirements per DEC designation, as well as difficult geology and site preparation costs, and other factors. The Friends of the Mahicantuck

Recipient: Carmella Mantello, Anasha Cummings

Letter: Greetings,

We, the undersigned residents of the City of Troy, do hereby protest against any change of the Zoning Code which would zone the property at 1011 2nd Avenue to any classiﬁcation other than R1, residential single family, detached. The development of the property at 1011 2nd Avenue in Troy, NY, would disrupt the neighborhood, irrevocably change the character of the neighborhood, destroy the city’s last undeveloped forest along the Hudson River, and put an historically, archeologically and culturally signiﬁcant indigenous site at jeopardy. We therefore urge the Troy City Council as well as the Planning Commission to not grant any change in the zoning of 1011 2nd Avenue. Signatures

Name Location Date

Leo Bachinger Catskill, NY 2020-08-22

KD McTeigue Albany, NY 2020-08-23

Emily Musial Philadelphia, PA 2020-08-23

Victoria Marcario Troy, NY 2020-08-23

Catherine Regitano Troy, NY 2020-08-23

Heather Kennish Castleton On Hudson, NY 2020-08-23

Madelyn Degler Troy, NY 2020-08-23

Molly Freiberg East Nassau, NY 2020-08-23

Annie Jacobs Troy, NY 2020-08-23

Zachary DeVilleneuve Troy, NY 2020-08-23

Donna Simms Troy, NY 2020-08-23

Christopher Bassett Troy, NY 2020-08-23

Rhea Drysdale Troy, NY 2020-08-23

Sarah Pezdek-Bachinger Ballston Spa, NY 2020-08-23

Jason Meyre Troy, NY 2020-08-23

Rags Ragliacci Troy, NY 2020-08-23

dan bolam Schenectady, NY 2020-08-24

Abigail Harris Wynantskill, NY 2020-08-24

Lauren Goewey Watervliet, NY 2020-08-24

Adam Retzlaff Mohawk, NY 2020-08-24 Name Location Date

Michelle Driscoll Pennellville, NY 2020-08-24

Michelle McCarthy Rensselaer, NY 2020-08-24

Kizzianne Casale Troy, NY 2020-08-24

Timothy Sarver Rensselaer, NY 2020-08-24

Eric Patton Troy, NY 2020-08-24

Beth Doris troy, NY 2020-08-24

Deirdre Matthews Sebastian, FL 2020-08-24

Jess Bennett Troy, NY 2020-08-24

Omar Williams Troy, NY 2020-08-24

Jay Deierlein East Greenbush, NY 2020-08-24

Jay Deierlein Troy, NY 2020-08-24

Celena Scherfner Liverpool, NY 2020-08-24

Ivy Hest Troy, NY 2020-08-24 richard herrick Troy, NY 2020-08-24

Shannon Contento Cohoes, NY 2020-08-24

Elizabeth Maloney Troy, NY 2020-08-24

Lauren Boardman Milton, NY 2020-08-24

Brendan Freiler River Vale, NJ 2020-08-24

Rachael Gardner Ravena, NY 2020-08-24

Patricia Jones Binghamton, NY 2020-08-24

Brandon Costelloe-Kuehn rensselaer, NY 2020-08-24

Paula Hebert Troy, NY 2020-08-24 Name Location Date

John Cruickshank Troy, NY 2020-08-24

Leander Fenton Troy, NY 2020-08-24

Stephanie Levay Albany, NY 2020-08-24

Dylan Keenan Cohoes, NY 2020-08-24

Ashleigh Ellis Troy, NY 2020-08-24

Zach Carhide Troy, NY 2020-08-24

Shawna Norton Troy, NY 2020-08-24

Louis Sanders jr Troy, NY 2020-08-24

Jan Hoffman Sebastian, FL 2020-08-24

LYNN JUDKINS TROY, NY 2020-08-24

Jean Debboli Greenville, NY 2020-08-24 steven shashok albany, NY 2020-08-24

Christine Powers Loudonville, NY 2020-08-24

Dia Osgood Slingerlands, NY 2020-08-24

Kristen Renee Rensselaer, NY 2020-08-24

Meagan Gallagher Albany, NY 2020-08-24

Elizabeth Ohler troy, NY 2020-08-24

Patricia Derocher Cohoes, NY 2020-08-24

Wendy Zeigler Troy, NY 2020-08-24

Laura Priscott Troy, NY 2020-08-24

Justin Tyrrell Troy, NY 2020-08-24

Maggie Noel Troy, NY 2020-08-24 Name Location Date

Melissa Ashdown Troy, NY 2020-08-24

Kathleen Miller Pleaseantdale, NY 2020-08-24

Jessica Bruce Troy, NY 2020-08-24

Cassandra Baker Endicott, NY 2020-08-24

Sara Culliton Troy, NY 2020-08-24

Kerri Dornicik New Paltz, NY 2020-08-24

Joshua Maxson Troy, NY 2020-08-24

Sharee Dunham Troy, NY 2020-08-24

Craig Craven pleasantdale, NY 2020-08-24

Mary D'Amico Wynantskill, NY 2020-08-24

Sharon Shaughnessy Albany, NY 2020-08-24

MICHAEL ZEHNER TROY, NY 2020-08-24

Jane Snay Troy, NY 2020-08-24

Makenzie Henault Albany, NY 2020-08-24

Meghan Menard Troy, NY 2020-08-24

Corrine Winnie-Obzud Troy, NY 2020-08-24

Bryana Campbell Troy, NY 2020-08-24

Manuel Perez Troy, NY 2020-08-24

Kyle Obzud Troy, NY 2020-08-24 rosemary clark TROY, NY 2020-08-24

Brittany Luke Troy, NY 2020-08-24

Anthony Powers Troy, NY 2020-08-24 Name Location Date

Taylor Elting Troy, NY 2020-08-24

Guillermo Chacon Albany, NY 2020-08-24

Ashley Delmonico Whitesboro, NY 2020-08-24

Brenda Ford Troy, NY 2020-08-24

Myra Johnson Albany, NY 2020-08-24 christine lucey Troy, NY 2020-08-24

Harold Previtali Troy, NY 2020-08-24

Christopher Caulﬁeld Albany, NY 2020-08-24

Samantha Elting Waterford, NY 2020-08-24

Caroline ferris Troy, NY 2020-08-24

Renee Sambets Troy, NY 2020-08-24

Alex Helmar Troy, NY 2020-08-24

Jacob Osgood Cohoes, NY 2020-08-24

Laura ford Watervliet, NY 2020-08-24

Heather Moran Cohoes, NY 2020-08-24

Breanna Jordan Troy, NY 2020-08-24

Jessy Valentine Troy, NY 2020-08-24 michael lavigne Troy, NY 2020-08-24

Colleen Skiff Delmar, NY 2020-08-24

John Wolbeck Troy, NY 2020-08-24

Michael Nash Whitesbo, NY 2020-08-24

Araceli Herrera Queensbury, NY 2020-08-24 Name Location Date

Makayla Baldwin Delmar, NY 2020-08-24

Cait Denny Albany, NY 2020-08-24

Stephanie Weigelt Hudson, US 2020-08-24

Allison Conley Troy, NY 2020-08-24

Charleen Bushey Cohoes, NY 2020-08-24

Emily Clute Troy, NY 2020-08-24

James & Bonnie Devoe Troy, NY 2020-08-24

Crystal Riddell Troy, NY 2020-08-24

Joan Ciccarelli Troy, NY 2020-08-24

Rosella Riddell Troy, NY 2020-08-24

Karen Bellamy Clifton Park, NY 2020-08-24

Dana Williams Cohoes, NY 2020-08-24 wayne foy Troy, NY 2020-08-24

Linda Houle Troy, NY 2020-08-24

David Palmo Troy, NY 2020-08-24

Elaina Halse Troy, NY 2020-08-24

Samantha Johnson Albany, NY 2020-08-24

Treven Santicola Albany, NY 2020-08-24

John Baranowski North Las Vegas, NV 2020-08-24

Cassie Tran Wilmington, DE 2020-08-24

Stuart Ford Homestead, FL 2020-08-24

David Osgood Troy, NY 2020-08-24 Name Location Date

Carl Jourdanais Cohoes, NY 2020-08-24

Daniel Benoit Troy, NY 2020-08-24

Julie Prey Media, PA 2020-08-24

Debra Evans Troy, NY 2020-08-24

Meghan Keenan New York, NY 2020-08-25

Kristine Henneberry Kennebunk, ME 2020-08-25

Suzanne Ayer Schodack, NY 2020-08-25

Jo Medve Norfolk, NY 2020-08-25

Christina Galagarza Philadelphia, PA 2020-08-25

Kim Chabot Troy, NY 2020-08-25

Kelly Benoit Troy, NY 2020-08-25

Molly McDonnell Troy, NY 2020-08-25

Jacob Kuklick Philadelphia, PA 2020-08-25

Amy Sciortino Philadelphia, PA 2020-08-25

Grace Ashley Schenectady, NY 2020-08-25

Niah Tobarri Latham, NY 2020-08-25

John Connors Troy, NY 2020-08-25

Abby Swick Blue Springs, MO 2020-08-25

Kaylee Laﬂamme San Juan Capistrano, US 2020-08-25 alicia anaya Floresville, US 2020-08-25

Autumn Koen Sylvania, US 2020-08-25

AnnMarie Broussard Lafayette, US 2020-08-25 Name Location Date celys tials US 2020-08-25 egrah audil Minneapolis, US 2020-08-25

Hope Ryan South San Francisco, US 2020-08-25

Elizabeth Salvador Lahaina, US 2020-08-25

Kelly Brown Reno, US 2020-08-25

Janice Hall Tampa, US 2020-08-25

Caiden Kemp Baton Rouge, US 2020-08-25

Jeremy Peel San Diego, CA 2020-08-25

Nicole Keb San Francisco, US 2020-08-25

Liana Snow US 2020-08-25

Parker Brown Chevy Chase, US 2020-08-25 unknown 1212 US 2020-08-25

Jae Long Las Vegas, US 2020-08-25

Yajaira Garcia Prescott, US 2020-08-25

Ella Rosenthal Port Washington, US 2020-08-25

Brooke Sorensen Redmond, US 2020-08-25 christa chan Seattle, US 2020-08-25 nikki whitehead dallas, US 2020-08-25

Nakara Johnson Montclair, US 2020-08-25 mireya ﬂores Harlingen, US 2020-08-25

Lily Huerta Portland, US 2020-08-25

Anarely Santana Houston, US 2020-08-25 Name Location Date

Blake Cohen Washington, US 2020-08-25

Shiloh Jones Troy, NY 2020-08-25

Eduardo Barbero Redding, US 2020-08-25

Mike Flores Escondido, US 2020-08-25

Fatima N Phoenix, US 2020-08-25

Ellis Coleman Waxhaw, US 2020-08-25

Jaylen Chua Covina, US 2020-08-25

Iroshi Perera Reading, US 2020-08-25 denise asadorian Troy, NY 2020-08-25

Kate Lovering US 2020-08-25 andria Munroe Baerga Troy, NY 2020-08-25

Shannon S East Greenbush, NY 2020-08-25

Richard Freiberg Philadelphia, PA 2020-08-25

Jennifer Cardinal Troy, NY 2020-08-25

Rebekah Hogan Harrison, NJ 2020-08-25

Kelly Fellenzer Troy, NY 2020-08-25

Judy Anderson Kinderhook, NY 2020-08-25

Summer Myers Troy, NY 2020-08-25

Alyssa Rodriguez Wynantskill, NY 2020-08-25

Jessilyn Hartman Troy, NY 2020-08-25

Tara Simmons Troy, NY 2020-08-25

Austen Zeh Rensselaerville, NY 2020-08-25 Name Location Date

Patrick McLaughlin Troy, NY 2020-08-25

Paul D'Arcy New York, NY 2020-08-25

Justin Rogers Schenectady, NY 2020-08-25

Joan Gingeresky Troy, NY 2020-08-25

Mark Sarnacki Troy, NY 2020-08-25

Lynn Conway Troy, US 2020-08-25

Elizabeth Heller Troy, NY 2020-08-25

Sarah Thompson Stephentown, NY 2020-08-25

Jennifer Schulaner Troy, NY 2020-08-25

Stacey Civello Portland, OR 2020-08-25

Matheus Arnellas Santa Clara, CA 2020-08-25 kathy spillane Troy, NY 2020-08-25

Leonora Maroli Troy, NY 2020-08-25

Michele Valenti Troy, NY 2020-08-25

Kiersten McDermott Troy, NY 2020-08-25

Lila Denning San Diego, CA 2020-08-25

Kainat Faizi Albany, NY 2020-08-25

Aarom Morris Round Lake, NY 2020-08-26

Allison Fleck Waltham, MA 2020-08-26

Elizabeth Barker Troy, NY 2020-08-26

Dylan miller Troy, NY 2020-08-26

Rachel B irvington, NY 2020-08-26 Name Location Date

Christy Mercer Troy, NY 2020-08-26

SUZANNE BUTLER Troy, NY 2020-08-26

Jillian Naveh Troy, NY 2020-08-26

Adam Heggen Schenectady, NY 2020-08-26

Zan S Troy, NY 2020-08-26

Matthew Plummer Troy, NY 2020-08-26 margaret Davey Troy, NY 2020-08-26

Tracy Kennedy Troy, NY 2020-08-26

Geoffrey Raymond Troy, NY 2020-08-26

Laudelina martinez troy, NY 2020-08-26

Mark Shipley Troy, NY 2020-08-26

Danielle Sanzone Troy, NY 2020-08-26

Michele DeLair Troy, NY 2020-08-26

Jim Deseve Ny, NY 2020-08-26

Kimberly Connors Troy, NY 2020-08-26

Brendan Kennedy Troy, NY 2020-08-26

Kevin Lovelady Troy, NY 2020-08-26

Sara Emmert Troy, NY 2020-08-26

James Van Duyne Albany, NY 2020-08-26

Theresa Hovish Albany, NY 2020-08-26

Terri Metchick Troy, NY 2020-08-26

Christine Dowd Cohoes, NY 2020-08-26 Name Location Date

Michael Burgess Petersburg, NY 2020-08-26

D Rossbach Troy, NY 2020-08-26

Stephen Smith Troy, NY 2020-08-26

Katherine Snively Schenectady, NY 2020-08-26

Patty Stanford Delmar, NY 2020-08-26

Kathryn Adams Troy, NY 2020-08-26

Julie Summersquash Providence, RI 2020-08-27

Mary Otero Liverpool, NY 2020-08-27

T.J. Kennedy Troy, NY 2020-08-27

Raymond Essiembre Troy, NY 2020-08-27

Sambit Ghosh Troy, NY 2020-08-27

David Villagomez Troy, NY 2020-08-27

Haley Williams Troy, NY 2020-08-27

Maya Navabi Tucson, AZ 2020-08-27

Audrey Palma Troy, NY 2020-08-27

Richard Hichman Saratoga Springs, NY 2020-08-27

Kathryn Sheehan Troy, NY 2020-08-27

Trinity Paradis Troy, NY 2020-08-27

Crystal Buckley Cohoes, NY 2020-08-27

Steve Anderson Troy, NY 2020-08-27

Tim MacSweeney Woodbury, CT 2020-08-27

Marion Ross Troy, NY 2020-08-27 Name Location Date

Marina Capp Troy, NY 2020-08-27

Guy Schaffer Troy, NY 2020-08-27

Phoenix Oaks Portland, OR 2020-08-27

Annette Strope Troy, NY 2020-08-27

Michelle Ausman Cohoes, NY 2020-08-27

Carol Hyldelund Troy, NY 2020-08-27

Kierstan Ryan Troy, NY 2020-08-27

Grayce Brown Troy, NY 2020-08-27

Charlotte Bosworth Pembroke, MA 2020-08-27

Peg Aloi Albany, NY 2020-08-27

Bradley Matheus Troy, NY 2020-08-27

William Brown Troy, NY 2020-08-27

Wyatt Brown Troy, NY 2020-08-27

Gregory Baxter Stratford, CT 2020-08-27

Andy StGermain Troy, NY 2020-08-27

Sally St.Germain Troy, NY 2020-08-27

Makayla Wahaus Troy, NY 2020-08-28

Elizabeth press Troy, NY 2020-08-28

Mary Kahl Delmar, NY 2020-08-28

Pam Kniskern Johnsonville, NY 2020-08-28

Sheila Poole Albany, US 2020-08-28

Kathy Colman Cohoes, NY 2020-08-28 Name Location Date

Mark Oliver Rensselaer, NY 2020-08-28

Nolin Borrero Rensselaer, NY 2020-08-28

Donna Hays Saratoga Springs, NY 2020-08-28

Shane Senecal Kissimmee, FL 2020-08-28

Drew Demers Troy, NY 2020-08-28

Surya Padinjarekutt Troy, NY 2020-08-28

Indroneil Roy Troy, NY 2020-08-28

Vicki Griﬃn Gloversville, NY 2020-08-28

Sharon Bruce Troy, NY 2020-08-28

Lisa Covey Craryville, NY 2020-08-28

Margaret Callahan Cohoes, NY 2020-08-29

Michael Oatman Troy, NY 2020-08-29

Michael Lawes Chesapeake, VA 2020-08-29

Miahrose Ross new york, NY 2020-08-29

Brooke Degener Albany, NY 2020-08-29

Cathryn Dwyre Hudson, US 2020-08-29

Tara Ingersoll Albany, NY 2020-08-29

Anna Taranenko San Francisco, CA 2020-08-29

I S Troy, NY 2020-08-29

Lindsey miller Santa Cruz, CA 2020-08-29 yolonda landry troy, NY 2020-08-29

Jennifer Lepper US 2020-08-29 Name Location Date

Joseph Fell Buffalo, NY 2020-08-29 dante digiulio Buffalo, NY 2020-08-29

Jennifer Bartels Troy, NY 2020-08-29

Robert Hilts Troy, NY 2020-08-29 dorothy collins buffalo, NY 2020-08-29

Galaya Wong Pittsburg, US 2020-08-29

Lily Watne Orlando, US 2020-08-29

John Kramer Marshﬁeld, US 2020-08-29

Abbygail Adriano Germantown, US 2020-08-29

Emily Frank East Hampton, US 2020-08-29

Jessica Stillman Upper Lake, US 2020-08-29

Matthew Harding Concord, US 2020-08-29

Angelina Alvarado Austin, US 2020-08-29 danna renteria Santa Teresa, US 2020-08-29

Emue G Cambridge, US 2020-08-29

Mariah Marquez Menifee, US 2020-08-29 chris farmer califofnia, US 2020-08-29

Guido Gabriel Troy, NY 2020-08-29

LILA STROMBERG TUXEDO, NY 2020-08-30 alyssa johnson Vacaville, CA 2020-08-30

Shannon Curran-Trzepacz Troy, NY 2020-08-30

Denise Losoya Las Vegas, NV 2020-08-30 Name Location Date

Randy Herrington Troy, NY 2020-08-30

Nicole Collen Troy, NY 2020-08-30

Lewis Snearly Albany, NY 2020-08-30

Carla Leitao Florida, NY 2020-08-30 olivia krewer Bronx, NY 2020-08-30

Cynthia Slavens Alameda, CA 2020-08-30

Mara Dicenta Buenos Aires, Argentina 2020-08-30

Christy Thomas Williamstown, MA 2020-08-31

Jillian Crandall Rensselaer, NY 2020-08-31

Pearl Higgins Troy, NY 2020-08-31

Margaret Corrigan Troy, NY 2020-09-01

Elaine Broiles Troy, NY 2020-09-01

Jacob Broadhead Troy, NY 2020-09-02

Karen Molinares Troy, NY 2020-09-02

Tammie Broadhead Troy, NY 2020-09-02

Victoria Ramos Troy, NY 2020-09-02

Marissa Peck Troy, NY 2020-09-02

Robin Donato Cortland, NY 2020-09-02

Katrina Belcher Troy, NY 2020-09-02

Aidan Bardos Washington, US 2020-09-02

Gary Nelson Hudson, NY 2020-09-03

Dale Nelson Hudson, NY 2020-09-03 Name Location Date

Sandra Hutchison Troy, NY 2020-09-03

Gail Terp Queensbury, NY 2020-09-03

INGRID Madelayne Troy, NY 2020-09-03

Rebecca Hein Albany, NY 2020-09-03

Shari Gibbs Wynantskill, NY 2020-09-03

Dan Phiffer Troy, NY 2020-09-03

Kevin Carpenter US 2020-09-03

Darlene Simpson Troy, NY 2020-09-03

Jac Cohn Troy, NY 2020-09-04

Angie morley Troy, NY 2020-09-04

Christopher Eastman Troy, NY 2020-09-04

Patricia Burke Troy, NY 2020-09-04

Zachary Metzger Brunswick, NY 2020-09-04

Beth Finkle Troy, NY 2020-09-05 geri de seve troy, NY 2020-09-05

Frank Visco Troy, NY 2020-09-05

Albert Marble Knoxville, TN 2020-09-05 michael esposito Troy, NY 2020-09-05

Spencer Schmitt Redondo Beach, US 2020-09-06

Victoria Ramirez El Paso, US 2020-09-06 lilli ramos US 2020-09-06

Elizabeth Green Enﬁeld, US 2020-09-06 Name Location Date

Sarah Grahamer Frankfort, US 2020-09-06 emili-jade luna Norwich, US 2020-09-06

Amiyah Barber Harrisburg, US 2020-09-06 sandra olivos Jackson Heights, US 2020-09-06

Shauntea Black Lewistown, US 2020-09-06

Kyla Rhyann Brooklyn, US 2020-09-06

Giselle Ibarra Las Vegas, US 2020-09-06 kelly weldon suleski Springﬁeld, US 2020-09-06

Christine Bernard Schenectady, US 2020-09-06 antonelle russell Atlanta, US 2020-09-06

Imtiaz Ahmed Ozone Park, US 2020-09-06

Rafal Wisniewski Brooklyn, US 2020-09-06 joanna morris Washington, US 2020-09-06

Mik I Little Neck, US 2020-09-06

Alicia Swanson West Fargo, US 2020-09-06

Fatima Aldava Pharr, US 2020-09-06

Tiara Howard East Lyme, US 2020-09-06

Sarah Vallejo Pinehurst, US 2020-09-06

Stefan Krueger Troy, NY 2020-09-06

Britney Gil Troy, NY 2020-09-06

Daniel Marble Mohawk, NY 2020-09-06

Kayla marble Troy, NY 2020-09-06 Name Location Date

Frank Porter Troy, NY 2020-09-06

Dennis McDermott Troy, NY 2020-09-06 rosella riddell Troy, NY 2020-09-06

Holly DeVoe Saratoga Springs, NY 2020-09-06

Sonya Farrell Troy, NY 2020-09-06

Daniel Morrissey Albany, NY 2020-09-06

Amanda Groves Lansingburgh, NY 2020-09-07

Adam Tinkle Saratoga Springs, NY 2020-09-07

Jennifer Smith Templeton, U.S. Outlying Islands 2020-09-07

Jesse Hancock Troy, NY 2020-09-07

Mary Pezdek Melrose, NY 2020-09-07

Victoria Lee Chicago, IL 2020-09-07

Jack O’Brien Mount Pleasant, MI 2020-09-07

Hunter Schuur Dowagiac, MI 2020-09-07 kerri munn troy, NY 2020-09-08

Rafael Varela Troy, NY 2020-09-08

David Klak Mount Pleasant, MI 2020-09-08 sierra dattilo Mount Pleasant, MI 2020-09-08

Michel Foucault Denver, CO 2020-09-08

Annelise Ellars Hartford, US 2020-09-08

Sonja Baiin Pittsburgh, PA 2020-09-08

Jennifer Reid Troy, NY 2020-09-08 Name Location Date

Ellie Irons Brooklyn, NY 2020-09-08

Mallory Hallstead Albany, NY 2020-09-08

Joyce Domingo Kitchener, Canada 2020-09-08

Rachel Hegeman Syracuse, NY 2020-09-08

Kiara Rivera Chicago, IL 2020-09-08

Tracy Frisch Greenwich, NY 2020-09-08

CHRISTOPHER SCULLY Troy, NY 2020-09-09

Kathryn Beisner Reston, VA 2020-09-09

Siegfried Isidro-Cloudas Troy, NY 2020-09-09

Anthony Olivares Troy, NY 2020-09-09

Andrea Williams Troy, NY 2020-09-09

Jennifer Baumstein Troy, NY 2020-09-09

Sean Mickey Dobbin Troy, NY 2020-09-09

Kimberley Preiksaitis Troy, NY 2020-09-09

Laura Hynes Troy, NY 2020-09-09

Nathalie Gibeau Troy, NY 2020-09-10

Laura Cullen Troy, NY 2020-09-10

John Raup Troy, NY 2020-09-10

Alex Simon Haverstraw, NY 2020-09-10

Leo Harben Ithaca, US 2020-09-10 piper bernstein New York, US 2020-09-10

Stephanie Zhang New York, US 2020-09-10 Name Location Date

Christopher Stimson Akron, US 2020-09-10

Emily Petrovic Miami, US 2020-09-10

Janet Chow Brooklyn, US 2020-09-10

Jesse Brown Stoughton, US 2020-09-10

Lucas Arias Long Beach, US 2020-09-10

Olivia Adkison Queens, US 2020-09-10

Kristine Heaton Skokie, US 2020-09-10

Slayton Thompson Eufaula, US 2020-09-10

Titus Jefferson Olive Branch, US 2020-09-10

Anaiza Cortez Foothill Ranch, US 2020-09-10

Edgar Hernandez Chicago, US 2020-09-10

Marilyn Spencer Tunkhannock, US 2020-09-10

Nexon Greenwood Village, US 2020-09-10 (JamesBartholomewthe3rd) Chau

Lauren Tait Roosevelt, US 2020-09-10

Matsui Yoko ohio, US 2020-09-10

Johanna Shinn Omaha, US 2020-09-10

Ray Gamble Knoxville, US 2020-09-10

Summer Ward US 2020-09-10

Debby Willette Greencastle, US 2020-09-10

Lance Kammerud US 2020-09-10

Dana Drozynski New York, US 2020-09-10 Name Location Date

Helen Parker Gaithersburg, US 2020-09-10

Crystal Sanderson Saint Louis, US 2020-09-10

Osmara Castaneda Fontana, US 2020-09-10

Angel Arias Long Beach, US 2020-09-10

Erin Sipos Cleveland, US 2020-09-10

Jordan Stiltoner Virginia Beach, US 2020-09-10

Andrew Murtha Guilford, US 2020-09-10

Bailyn Johnson Elgin, US 2020-09-10

Kayla Jackson Fayetteville, US 2020-09-10

Zachary Hayes Troy, NY 2020-09-10

Aileen Javier Halfmoon, NY 2020-09-10

Molly McCormick St. Petersburg, FL 2020-09-10

Richard Sleeper Troy, NY 2020-09-10

Mariam Samara Tinley Park, US 2020-09-10

Brittney Spaulding Shepherdsville, US 2020-09-10

Elizabeth E Lake City, US 2020-09-10

JJ Keitz Long Beach, US 2020-09-10

Jat Jimenez Miami, US 2020-09-10

Mia Galloway Pompano Beach, US 2020-09-10

Matthew Davis Seattle, US 2020-09-10 adriana betsuie Albuquerque, US 2020-09-10 ankitha chintala Jacksonville, US 2020-09-10 Name Location Date

Natalie :) San Antonio, US 2020-09-10

Kiara Pena Bronx, US 2020-09-10

Tillie Cohen Denver, US 2020-09-10

Samuel Kunowski Garden Grove, US 2020-09-10

Timothy Paich Loveladies, US 2020-09-10

Ashley Wefel Oak Park, US 2020-09-10

Cate Wise Beverly Hills, US 2020-09-10 ximena garcia US 2020-09-10

Peyton McCoy Dexter, US 2020-09-10

Aly Comer Tulsa, US 2020-09-10

Alyssa Barrios Whittier, US 2020-09-10

Amy Ochoa Charlotte, US 2020-09-10

Madison Delaney Price, US 2020-09-10

Tarah Holcombe Royston, US 2020-09-10

Jeshua Oviedo New York, US 2020-09-10

Jeremy Gomez Long Beach, US 2020-09-10

Geanie Barﬁeld US 2020-09-10

Angel D Miller Place, US 2020-09-10

Kevin 0 Murrieta, US 2020-09-10 ethan t Pasadena, US 2020-09-10

Ernesto Castro Riverside, US 2020-09-10

Kamryn Kamryn US 2020-09-10 Name Location Date

Nathaly Bermejo Minneapolis, US 2020-09-10

Madison Inzunza Lorton, US 2020-09-10

Lauren Lima New Bedford, US 2020-09-10

Laa Laa Ocean City, US 2020-09-10

Skylah Marra Howell, US 2020-09-10

Marika Bjornsen Marion, US 2020-09-10

Abby Lusk Chattanooga, US 2020-09-10

Evelyn Buenrostro Irving, US 2020-09-10

Cole Purnell Ruskin, US 2020-09-10 aiden miller Lansdale, US 2020-09-10

Carla Yofzitdztud Bronx, US 2020-09-10

Christian Ayon Porterville, US 2020-09-10

Nicholas Petrovich New York, US 2020-09-10

Erik Ramos Columbia, US 2020-09-10

Tanya Veronica Phoenix, US 2020-09-10

Zoey Decker Carlisle, US 2020-09-10

Adriann Monahan-DaSilva Malden, US 2020-09-10

Holly Rankin West Des Moines, US 2020-09-10

Ricardo Carbajal Segura San Francisco, US 2020-09-10

Alex Barazotti Howell, US 2020-09-10

Gabriel Whitworth Phoenix, US 2020-09-10 reymond jimenez Bronx, US 2020-09-10 Name Location Date

Abby Anson Harrisburg, US 2020-09-10 oliver perez Anaheim, US 2020-09-10

Madison Smith Belleville, US 2020-09-10 natalia rodriguez St. Paul, US 2020-09-10

Emily Van Ness Lowell, US 2020-09-10

Ethan McGinty Houston, US 2020-09-10

Tagan Ortega Topeka, US 2020-09-10 tanner gorsuch Pittsburgh, US 2020-09-10

Chrissy Dav Rolling Meadows, US 2020-09-10

Ali F Chicago, US 2020-09-10

Luisa Isayev US 2020-09-10

Addison Gibson Greencastle, US 2020-09-10

Alicia Keaveney lincroft, US 2020-09-10 melissa truberg commack, US 2020-09-10

Hayley cloud Nixa, US 2020-09-10

Kathy Filkins Clifton Park, US 2020-09-10

Penny Oslin Celeste, US 2020-09-10

Noralee Santana Bronx, US 2020-09-10

Kimberly Luna Moreno Valley, US 2020-09-10

Madison Collins Erie, US 2020-09-10

J Stanley Morgan Hill, US 2020-09-10

Haibert Barﬁan Glendale, US 2020-09-10 Name Location Date

Sarah Herc Clarkston, US 2020-09-10 cheyenne tingen Richmond, US 2020-09-10

Ann Z Shirley, US 2020-09-10

Cassy King Lake Forest, US 2020-09-10

Amanda Richardson Hibbing, US 2020-09-10

D’Vante Yoshikawa Rohnert Park, US 2020-09-10

Kyla Booker Los Angeles, US 2020-09-10

Stefhan Luctamar Miami Gardens, US 2020-09-10

Dave Saint simon Costa Mesa, US 2020-09-10

Nick Champagne Atlanta, US 2020-09-10

Anindita Halder Valleystream, US 2020-09-10

Adriane Marcelle Miami, US 2020-09-10

Kathryn Tuttle New York 2020-09-10

Nestor Nieto Arlington, TX 2020-09-10

Nicolette Boyd Palm Harbor, US 2020-09-10

Simon Reynolds Pensacola, US 2020-09-10

Olivia Marquiis Boston, US 2020-09-10

Carlos Hernandez Santa Ana, US 2020-09-10

Geroge Ogle Atlanta, US 2020-09-10

Kike Velasco Foothill Ranch, US 2020-09-10

Noddy Maldinero Jersey City, US 2020-09-10

Sahana Prakash Concord, US 2020-09-10 Name Location Date

Kristiana Corona Chandler, US 2020-09-10

Elliot Velasquez Hollywood, US 2020-09-10

Adriel Casas Davenport, US 2020-09-10

Eva Chen Racine, US 2020-09-10

Dana Carbajal Long Beach, US 2020-09-10

Lisa Allarde Green Lane, US 2020-09-10

Linh Leonard Reno, US 2020-09-10

Jaedyn Gerhardt Fort Worth, US 2020-09-10

Meaghan Lockwood US 2020-09-10

Shannon Neville Mount Vernon, US 2020-09-10 donna kennedy ﬂanders, US 2020-09-10 jennifer valentine Massapequa, US 2020-09-10

Samuel nashed Fontana, US 2020-09-10

Tatyana Mayberry Dyersburg, US 2020-09-10

Baba Booey Sparta, US 2020-09-10

Panchali Dipankar Bellevue, US 2020-09-10

Keven Gamez Burbank, US 2020-09-10

James lupu Hazleton, US 2020-09-10

Juliana Bianchi Harrisburg, US 2020-09-10

Julie Mceldowney Cayce, SC 2020-09-10

Anissa perez Portland, US 2020-09-10

Khuzaima Ahmed Falls Church, US 2020-09-10 Name Location Date

Chris V Oceanside, US 2020-09-10

Chloe Andrea Javier Long Beach, US 2020-09-10

Maddie Ulmer Alexandria, US 2020-09-10

None of your Business Jellyana Bronx, US 2020-09-10

Diana Toader Greenville, US 2020-09-10

Guillermo Ramirez Seattle, US 2020-09-10

Rachel Frascella Albany, NY 2020-09-10

Christian Archuletta Groton, US 2020-09-10

Margaret Alarcon Los Angeles, US 2020-09-10

Jayden Mann Charlotte, US 2020-09-10

Owen Dominguez Silver Spring, US 2020-09-10 suri ortega Miami, US 2020-09-10

Hannia Colon Paterson, US 2020-09-10 shemica johnson Worcester, US 2020-09-10

Dominica Singleton Las Vegas, US 2020-09-10

Dennis Strainge Saratoga Springs, NY 2020-09-10

Katherine Mules New York 2020-09-10

Denise Meyers Clifton Park, NY 2020-09-10

Robert Pezdek Troy, NY 2020-09-10

Danielle Charlestin Troy, NY 2020-09-10

Cliff Kalinowski New York, NY 2020-09-10

James Davey Troy, NY 2020-09-10 Name Location Date

Anderson B Charlotte, US 2020-09-10

Bianey Cuevas Anaheim, US 2020-09-10 samantha chavez Elmhurst, US 2020-09-10

Keverlynn Knight Seffner, US 2020-09-10

Shivani B Framingham, US 2020-09-10

.F. W. Knoxville, US 2020-09-10

Emma Stelly Round Rock, US 2020-09-10

Bryan Haedy New York, NY 2020-09-10

Sashs Dubodel Troy, NY 2020-09-10

Jan O'Malley Troy, NY 2020-09-10

Rachel Ruller Troy, NY 2020-09-11

Mike Preiksaitis Troy, NY 2020-09-11

Audrey Vallee Troy, NY 2020-09-11

Dara Silbermann Troy, NY 2020-09-11

Colleen Phoenix Troy, NY 2020-09-11

Michael Roll Troy, NY 2020-09-11

Katharine Corp Troy, NY 2020-09-11

Kelly Artis Albany, NY 2020-09-11

Fran ODonnell Troy, NY 2020-09-11

Mary Patterson Watervliet, NY 2020-09-11

Natalie Bowen Guilderland, NY 2020-09-12

Kathy Puffer Tillson, NY 2020-09-12 Name Location Date

JoAnne Ruddy Wynantskill, NY 2020-09-12

Wanda Johnson Troy, NY 2020-09-12

Cara Helfer Charlotte, NC 2020-09-12

Wendi s Ballston Spa, NY 2020-09-12

Michael Hart Troy, NY 2020-09-12

Desiree DiCristoforo Fort Lee, NJ 2020-09-12

Gwen Sislowski Troy, NY 2020-09-12

Don Sislowski Troy, NY 2020-09-12

Evan Couture Troy, NY 2020-09-12

Anna Moodgill Gloversville, NY 2020-09-13

Elanor zierhut Aliso Viejo, CA 2020-09-13

Jade Rodriguez Bronx, NY 2020-09-14

Amanda DeWald Delhi, NY 2020-09-21

Jeremy Barnes Valley Falls, NY 2020-09-21

Joshua Eason Troy, NY 2020-09-21

Miriam Cantor-Stone Troy, NY 2020-09-21

Francis Magai Troy, NY 2020-09-23

Armond Gray Troy, NY 2020-09-23

Margaret Pearce Sanford, ME 2020-09-30

Zach Schwartz-Weinstein Albany, NY 2020-10-02

C. Wesley Dingman Queensbury, NY 2020-10-09

Yoehan Oh Troy, NY 2020-10-13 Name Location Date

Ava Diener Muskego, US 2020-10-13

Ruzanna Babayan Flushing, US 2020-10-13

Victoria Emmitt Ontario, US 2020-10-13

Aracylis Rampersad South Ozone Park, US 2020-10-13

Triton McDonald Virginia Beach, VA 2020-10-13

Robert Rossi New York, NY 2020-10-14

Thomas Connor Fayetteville, NY 2020-10-19 erin altadonna hayward, US 2020-10-20

Naomi Hood Temecula, US 2020-10-20

Khambia Clarkson Marshalltown, US 2020-10-20

Rieana Ferreira Orlando, US 2020-10-21

Joseph A Papale Jr Troy, NY 2020-10-21

Faiyaj Khan Albany, NY 2020-10-30

Maggie McAuliffe Brockport, US 2020-10-30

Jamel Mosely Troy, NY 2020-11-02

James Barker Troy, NY 2020-11-02

Hannah Carr Troy, NY 2020-11-02

Scott Womer Troy, NY 2020-11-02

Hana van der Kolk Troy, NY 2020-11-02

Jared Williams Jamaica Plain, MA 2020-11-02

Julia Gladstone Waban, MA 2020-11-02

Liz N Brooklyn, NY 2020-11-02 Name Location Date

Shaina Cantino Athens, OH 2020-11-02

Joshua Potter Troy, NY 2020-11-02

Katie Centanni Troy, NY 2020-11-02

Kiara Marra Troy, NY 2020-11-02

Carolyn Bardos Troy, NY 2020-11-02

Mari Brennan Saratoga Springs, NY 2020-11-02 yasmine perez Ballston Spa, NY 2020-11-02

Jimmy Taylor Albany, NY 2020-11-02

Alex Elliott Albany, NY 2020-11-02

Mary Helen Collen Defreestville, NY 2020-11-02

Olivia Dunn Albany, NY 2020-11-02

Elizabeth FIGLIOMENI Troy, NY 2020-11-02

Brooke Murray Hudson, NY 2020-11-02

Daniel Coxson Olney, US 2020-11-02 julia champagne Troy, NY 2020-11-02

Brooke Bernstein Saint Louis, US 2020-11-02

Sachi Cappo East Chatham, US 2020-11-02

Avery Childreds Statesville, US 2020-11-02

Jordan Salas Paterson, US 2020-11-02

Tori Rodriguez Troy, NY 2020-11-02

Tiffany Marr Stafford, US 2020-11-02

Nessie Cuevas Paramus, US 2020-11-02 Name Location Date

Aniece Middleton Sumter, US 2020-11-02

Ryan Jay Bronx, US 2020-11-02 m h austin, US 2020-11-02 charlene parker Kingstree, US 2020-11-02

Avin Helseth denver, US 2020-11-02

Megan Hackett West Orange, US 2020-11-02

Karen Debiase Chester, VA 2020-11-02

Courtney Shepherd Mount Juliet, US 2020-11-02 elena nehring gahanna, US 2020-11-02

Kiwi Yuugi Winter Haven, US 2020-11-02

Ava Seilhamer Boonsboro, US 2020-11-02

Candice Brockman Stone Mountain, US 2020-11-02

Stephanie Rodas Jersey City, US 2020-11-02

Elaine Mitchell Vadito, US 2020-11-02

Steve jobs real Parkersburg, US 2020-11-02

Samuel Goodwin Chapel Hill, US 2020-11-02

Michael Davis Utica, US 2020-11-02

Jordan Smotzer Cincinnati, US 2020-11-02

McFadden McFadden Beaver Falls, US 2020-11-02

Trinity Rosas Connersville, US 2020-11-02

Darlene Reese Batavia, US 2020-11-02 theyeetgod 12 q Peoria, US 2020-11-02 Name Location Date

Swag Phia Lake Worth, US 2020-11-02 sherri thompson Little Rock, US 2020-11-02

Aliyah garcia Galveston, US 2020-11-02

Esbeydi Diaz Martinez Saint Paul, US 2020-11-02

Claudia Clerveaux Mattapan, US 2020-11-02

Jessica Mendoza Troy, NY 2020-11-02

Christina Wu Atlantic City, US 2020-11-02

Sean McCaughtry Montgomery, US 2020-11-02

Alisa Goldsman Pomona, US 2020-11-02

Ehva Corbin Lincoln, US 2020-11-02 coffee pro Los Angeles, US 2020-11-02

T Tuck Covington, US 2020-11-02

Tomas Ramirez San Antonio, US 2020-11-02

Katie Alsback Lebanon, US 2020-11-02 grace mulhall Brooklyn, US 2020-11-02

Rebecca Romano West Hartford, US 2020-11-02

Kendra Gernaey Orlando, US 2020-11-02 iyanna whipple Blacklick, US 2020-11-02 paige paige Los Angeles, US 2020-11-02

Jdjdjjdd Ndndndndjs Bronx, US 2020-11-02

Stephanie Collins Albany, NY 2020-11-02

Judith Romero Anaheim, US 2020-11-02 Name Location Date

Mercedes Roussos US 2020-11-02

Selena Hughes Bristol, US 2020-11-02

Myriam Stern Saint Louis, US 2020-11-02

Lauren Harte Lebanon, US 2020-11-02

Sydney Quick Rock Hill, SC 2020-11-02

Stan Piper Jacksonville Beach, US 2020-11-02

Brian Anderson Denver, US 2020-11-02

William Shotwell Smithville, US 2020-11-02

Carol Collins Dover, US 2020-11-02 madison scrivner Maryville, US 2020-11-02

Brianna M Ann Arbor, US 2020-11-02

Rachel Waldrip Tucson, US 2020-11-02

Marielle Quibilan Bergenﬁeld, US 2020-11-02

Delynn Parker Sf, US 2020-11-02

Autumn Carron Wichita, US 2020-11-02

Connie Richters Singapore, US 2020-11-02 michelle b Kansas City, US 2020-11-02

Mia is Ibitoye Chicago, US 2020-11-02

Melissa Masters Newfane, VT 2020-11-02

Ashley Dorris Chicago, US 2020-11-02 nathaniel felix cardenas Phoenix, US 2020-11-02

Christian Joyce Reidsville, US 2020-11-02 Name Location Date

Katie Bunch Dallas, US 2020-11-02

Destiny Campos Hoboken, US 2020-11-02

Deidra Rivera Worcester, US 2020-11-02

Aliyah Arellano Laredo, US 2020-11-02 emily miras Detroit, US 2020-11-02 karlie kyelberg Wilmington, US 2020-11-02

Ingrid Benitez Burke, US 2020-11-02

Soﬁa Rhodes Cary, US 2020-11-02

Patricia AFERHOLT-EDDINGS Nashville, TN 2020-11-02

Mary Cox Virginia Beach, US 2020-11-02

Greta Bonvini Oregon House, US 2020-11-02

Timothy Stirling Manheim, US 2020-11-02

Darien Verdun Houma, US 2020-11-02

Emma Baumgartner Antigo, US 2020-11-02

Anna Marie Winder Philadelphia, US 2020-11-02

Morgaen Hansen Albany, NY 2020-11-02

Elizabeth Liranzo Larchmont, US 2020-11-02

Andrea Kehoe Putney, VT 2020-11-02

Jemma Kaczanowicz ballston spa, NY 2020-11-02

Ann Giguere Green Island, NY 2020-11-02

Christina Toppin Clifton Park, NY 2020-11-02

Grace Boyan Long Island City, NY 2020-11-02 Name Location Date

Sean Boyan Arlington, VA 2020-11-02

John Pjontek Albany, NY 2020-11-02

Andrew Sullivan Albany, NY 2020-11-02

Kaitlyn Mazza Newburgh, NY 2020-11-02

Heather Maranville Rensselaer, NY 2020-11-02

Megan Prokorym Albany, NY 2020-11-02

Paige Allen Albany, NY 2020-11-02

Stephen Rosia Ballston Spa, NY 2020-11-02

Allison Giguere Cohoes, NY 2020-11-02

Rachel Baxter Albany, NY 2020-11-02

Pamela Boyan Allentown, PA 2020-11-02

Hannah Boyan South Orange, NJ 2020-11-02

Kaitlin Resler Albany, NY 2020-11-02

Kelly Bromm Albany, NY 2020-11-02 michelle noonan Averill Park, NY 2020-11-02

Amanda Irle Trenton, NJ 2020-11-02

Dorothy Davila Rensselaer, NY 2020-11-02

Stephanie June Troy, NY 2020-11-02

Jacklynn Blanchard Littleton, CO 2020-11-02

Kerrie Vincent Albany, NY 2020-11-02

Amelia Allen Troy, NY 2020-11-02

Allison Greene Delmar, NY 2020-11-02 Name Location Date

Eden Loeffel Detroit, MI 2020-11-02

Luke Bateman Troy, NY 2020-11-02

Samira Iravani Astoria, NY 2020-11-02

Samantha Dobin Watervliet, NY 2020-11-02

Rebekah Desjardins Troy, NY 2020-11-02

Catherine McTague Troy, NY 2020-11-02 allison watson troy, NY 2020-11-02

Emilee Brunette Troy, NY 2020-11-02

Laura Harrison Saratoga Springs, NY 2020-11-02

Oliver HOLECEK Troy, NY 2020-11-02 leepa poulose Congers, NY 2020-11-02

Sarah Haze Chatham, NY 2020-11-02

Lila Flanagan Troy, NY 2020-11-02

Emily Cain Sarasota, FL 2020-11-02

Stephanie Leahy Centreville, VA 2020-11-02

Jayna Patel New Braunfels, TX 2020-11-02

Alex Divanyan Buffalo Grove, IL 2020-11-02

John Bowden Sandy, UT 2020-11-02

Marla Anson Woodbridge, VA 2020-11-02

Katie Walker Los Angeles, CA 2020-11-02

Brian Davenport Schenectady, NY 2020-11-02

Aisling Sive Troy, NY 2020-11-02 Name Location Date

Kristen Kiley East Lansing, MI 2020-11-02

Janna Rudler Endicott, NY 2020-11-02

Ethan Carmody Troy, NY 2020-11-02

Laura Hynes Wynantskill, NY 2020-11-02

Lydia Kelley Troy, NY 2020-11-02

Behnaz Haddadi Washington, DC 2020-11-02

Maria Vincent Troy, NY 2020-11-02

Emily Brooks Troy, NY 2020-11-02

Silv Dant Rockville Centre, NY 2020-11-02

Erin O’Keefe Slingerlands, NY 2020-11-02

Kathryn Secor Castleton On Hudson, US 2020-11-02

Lea Rutherford Latham, NY 2020-11-03

William Wesner Glens Falls, NY 2020-11-03

Steven Johnson Delmar, NY 2020-11-03

Erin Meaney Valley Stream, NY 2020-11-03

Sarah Goldman Nyack, NY 2020-11-03

Amelia Stickelmyer Troy, NY 2020-11-03

Ashley Christiano Brooklyn, NY 2020-11-03

Ingrid Staats Toronto, Ontario, Canada 2020-11-03

Bridget Gettys Selkirk, NY 2020-11-03

Tina Rodriguez Schenectady, NY 2020-11-03 niko šveikauskas Woodstock, NY 2020-11-03 Name Location Date

Mercy Weiss Brooklyn, NY 2020-11-03

Kendall Gardner Albany, NY 2020-11-03

Buzz Slutzky Brooklyn, NY 2020-11-03

Molly McCumber Troy, NY 2020-11-03

Emily Manning-Mingle Brighton, MA 2020-11-03

Kyra Siegel Nelson, New Zealand 2020-11-03

Stephanie cavoli Schenectady, NY 2020-11-03

Henry Cooley Troy, NY 2020-11-03

Robyn Eames Oneonta, NY 2020-11-03

Sophie Gell Brooklyn, NY 2020-11-03

Caroline Wexler Hartsdale, NY 2020-11-03 erica sparrow Averill Park, NY 2020-11-03

Hannah Musial Rosendale, NY 2020-11-03

Caroline Boyan Troy, NY 2020-11-04

Olivia Quillio Troy, NY 2020-11-04

Kelsey Sloane Troy, NY 2020-11-06

Ben Gorman Troy, NY 2020-11-06

Melanie LaBarge Waterford, NY 2020-11-07

Angela Bartlett Melrose, NY 2020-11-07

Zhenelle Fish Rensselaer, NY 2020-11-07 nora Gallardo Chicago, US 2020-11-07

Kavinda De Alwis Plano, US 2020-11-07 Name Location Date

Christina Bishop Waterford Township, US 2020-11-07

Seraﬁna Coombe US 2020-11-07 willy nonable Plainﬁeld, US 2020-11-07

Chloe Ruiz Oklahoma city, US 2020-11-07

Julia Cadieux Troy, NY 2020-11-07

Stephanie Loveless albany, NY 2020-11-07

Elizabeth Comitale Albany, NY 2020-11-07 colleen single Atlanta, GA 2020-11-07

Michael Valiquette Clifton Park, NY 2020-11-07

Becky Kendall Troy, NY 2020-11-07

Jacob Brady Albany, NY 2020-11-07

Sophia Vastek Troy, NY 2020-11-07

Kaela Knoth Guilderland, NY 2020-11-07

Jessica Ryle Queensbury, NY 2020-11-07

Rose Mitchell Albany, NY 2020-11-07

Kathy Gottsleben Rapid City, US 2020-11-07

Allyson Gamboa US 2020-11-07

Felix Sensley Houston, US 2020-11-07

Dylan Pruitt Laurens, US 2020-11-07

Jacob LaBouliere Doylestown, US 2020-11-07

Myra Loyd Shreveport, US 2020-11-07

Honey Nalu Honolulu, US 2020-11-07 Name Location Date

Sona Juharyan Bakersﬁeld, US 2020-11-07

Judy Dunsford US 2020-11-07

Brayden Rock Duluth, US 2020-11-07

Gabrielle Kamaker Albany, NY 2020-11-07

Danielle Mallon miller place, NY 2020-11-07

Donna Baird Schaghticoke, NY 2020-11-07

Lorelei Wagner Troy, NY 2020-11-07

Greg Farley Hudson, NY 2020-11-07

Zhanna Akopyan Brooklyn, US 2020-11-07

Axel blackholder Lake Mary, US 2020-11-07

Its Moge Modesto, US 2020-11-07

Heather Pelz Hot Springs National Park, US 2020-11-07

Robert Johnson Fairmont, US 2020-11-07

Victoria Kereszi troy, NY 2020-11-08

Cordon Joseph US 2020-11-08

Samantha Moraitou Albany, NY 2020-11-08

Nina Moraitou-Politzi Albany, NY 2020-11-08 alicia stark Castleton, NY 2020-11-08

Julia Posin Oceanside, NY 2020-11-08

Grace Knight Topsﬁeld, MA 2020-11-08

Brittany Phillips Cobleskill, NY 2020-11-08

Sam Torres Troy, NY 2020-11-08 Name Location Date

Sierra Hipwell Troy, NY 2020-11-08

Jessica Hayek Albany, NY 2020-11-08

Brandi Chenette Troy, NY 2020-11-08

Christina Vasil Troy, NY 2020-11-08

Duncan Gamble Burlington, VT 2020-11-08

Samantha Sonnier Troy, NY 2020-11-08

Holly Feit Hannacroix, NY 2020-11-08

Steven Hipwell II US 2020-11-08

Dawnn Antoon Lodi, CA 2020-11-08

Jessica Tanguay Slingerlands, NY 2020-11-09

Isabella Aspiotis Toronto, Canada 2020-11-09

Christy Douglas Menands, NY 2020-11-09

Vanessa Van Zandt Albany, NY 2020-11-09

Laura Pascuzzo Albany, NY 2020-11-09

Sarah Heikkinen Troy, NY 2020-11-09

Caiti Callaghan Troy, NY 2020-11-09

Tara Tucker Williamsburg, MA 2020-11-09

Alissa Roca Coral Gables, FL 2020-11-09

Sarah Schultz New York, NY 2020-11-09

Caleb Bradley Baltimore, MD 2020-11-09

Grave Ma Vancouver, British Columbia, Canada 2020-11-09

Vijay Gupta Pasadena, CA 2020-11-09 Name Location Date

Katja Vanfretti Troy, NY 2020-11-10

Jonah Moberg Troy, NY 2020-11-10 joshua marre scotia, NY 2020-11-10

Alex Noble-Brooks Troy, NY 2020-11-10

Julian Brezon Bronx, NY 2020-11-10

Elizabeth Young Troy, NY 2020-11-10

Katie Cusack New York, NY 2020-11-10

Alexander Hanse Albany, NY 2020-11-10

Brandon Cahrenger Troy, NY 2020-11-10

DeAnna Sutherland Saratoga Springs, NY 2020-11-10

Deirdre Young Troy, NY 2020-11-10

Patricia Cerniglia Troy, NY 2020-11-10

Margaret Young Troy, NY 2020-11-10

Raurri Jennings Troy, NY 2020-11-10

Molly Eadie Troy, NY 2020-11-10

Benjamin Jacques Albany, NY 2020-11-10

Nathan Cole Homer, NY 2020-11-10

Anna D Troy, NY 2020-11-10

Jonathan Cantiello Queensbury, NY 2020-11-10

Jennifer Skoog Monroe, CT 2020-11-10

Chris Hanse Coxsackie, NY 2020-11-10

Connor Riley Salisbury, CT 2020-11-10 Name Location Date

Caity Gallagher Albany, NY 2020-11-10

Mariah Smith Cohoes, NY 2020-11-10

Sharon Hanehan Troy, NY 2020-11-10

Erin Sullivan Troy, NY 2020-11-10

Sarah Morehouse Ballston Lake, NY 2020-11-10

Eliza Chappell Albany, NY 2020-11-10

Rudd Young Troy, NY 2020-11-10

Kelsie Costello Cornwall-on-Hudson, NY 2020-11-10

Erin Baright Bronx, NY 2020-11-10

Chris Rohlman Troy, NY 2020-11-10

Alicia McDonough Troy, NY 2020-11-11

Sarah Alaimo Albany, NY 2020-11-11

Annie Raksasa Hamden, CT 2020-11-11

Jeffery Dingler 02/25/1987 Roanoke, VA 2020-11-12

Kenneth Hummel US 2020-11-14

Elfaeya Phoenix Poestenkill, NY 2020-11-16

Cecelia Reilly Troy, NY 2020-11-17

Cecelia REILLY Troy, NY 2020-11-17

Christopher Jean-Louis Pompano Beach, FL 2020-11-17

George Quine Troy, NY 2020-11-17

Bridget O'Connor New York, NY 2020-11-18

Jessica Maxwell Delmar, NY 2020-11-20 Name Location Date

Adrianna Mathis Albany, NY 2020-11-20

Aashni Shah Albany, NY 2020-11-20

Tia Reis Troy, NY 2020-11-22

Kathryn Davis Troy, NY 2020-11-23

Michael Tario Troy, NY 2020-11-23

Judy cunningham New York, NY 2020-11-23

Rose Orourke Troy, NY 2020-11-23

Christine Marceline Troy, NY 2020-11-23

Ashley mysliwiec Troy, NY 2020-11-23

Dawn Phelps Troy, NY 2020-11-23

Rob Parker Schenectady, NY 2020-11-23

Nicole Manupella Rensselaer, NY 2020-11-23

Ken Mirocki JR Troy, NY 2020-11-23

Terri Craven Louisville, KY 2020-11-23

Tatiana Frolova Troy, NY 2020-11-23 damaris miller Troy, NY 2020-11-23

Debra Lashwa Troy, NY 2020-11-23

Lee Ann Welch Troy, NY 2020-11-23

Mary Peat Troy, NY 2020-11-23

George Mattey Troy, NY 2020-11-23

Shelby Spall Cohoes, NY 2020-11-24

Dia Beshara Troy, NY 2020-11-24 Name Location Date

Rebecca Orrison Albany, NY 2020-11-24

Lynn Hyde Rensselaer, NY 2020-11-24

Beverly Davis Troy, NY 2020-11-24

Irina Naumenkova Brooklyn, NY 2020-11-24

Olivia Vonfricken Cohoes, NY 2020-11-24

Kelsey Renko Troy, NY 2020-11-24

Tracy smith Troy, NY 2020-11-24

Madison LaVallee Schenectady, NY 2020-11-24

Jenny Kemp Troy, NY 2020-11-24

Sophie Heath Malta, NY 2020-11-24

Ian Mahoney-Hoover Troy, NY 2020-11-24

Jean Tschanz-Egger Troy, NY 2020-11-24

Sebastian Guerrero Fontana, US 2020-11-24

Skylar Godwin Middlesex, US 2020-11-24

Shakayla Thomas Compton, US 2020-11-24 kelyse rose Sacramento, US 2020-11-24

Sarah Narkum Everett, US 2020-11-24

Kara Jefts Schuylerville, NY 2020-11-24

Thinh Ngo Arlington, US 2020-11-24

Holly Rippon-Butler Schuylerville, NY 2020-11-25

Royah Marie Troy, NY 2020-11-25

Il-Young Son Troy, NY 2020-11-25 Name Location Date

William Studdiford Troy, NY 2020-11-27

Deborah Levensailor Troy, NY 2020-11-28

Lauri Cartwright Troy, NY 2020-11-29

Guy Pucci Cohoes, NY 2020-11-29

Carmen perrotti Perrotti Clifton Park, NY 2020-11-30

Judith Strong Goshen, US 2020-12-01

Shikara Rollf Goshen, US 2020-12-01

Eli Howard Vail, US 2020-12-03

Jose De la rosa Ligonier, US 2020-12-05

Giovanni Aguayo Goshen, US 2020-12-06

Matthew Leon Amsterdam, NY 2020-12-07

Katherine Wolfram Schenectady, NY 2020-12-07

Alex Brownstein Schenectady, NY 2020-12-07

Andrew Kulmatiski Schenectady, NY 2020-12-07

Margaret Brown Schenectady, NY 2020-12-08

Paula Shaw Schenectady, NY 2020-12-08

Peggy Grot Schenectady, NY 2020-12-08

Jacob Borth Albany, US 2020-12-08

Trish Lynn Taylor US 2020-12-08

Sheila Martin Hawthorne, US 2020-12-08 catie fay New york, US 2020-12-08

ArtByRinaBun . US 2020-12-08 Name Location Date

Penis Face Hastings, US 2020-12-08 angelina ruiz Wayne, US 2020-12-08

Micah Key Washington, US 2020-12-08

Katy Sonnier Austin, US 2020-12-08

Marisol Solano Lodi, US 2020-12-08 h S New Baltimore, US 2020-12-08

Izzie Bartlett Omaha, US 2020-12-08

Spencer Pearce Stillwater, US 2020-12-08 caitlin callahan Redondo Beach, US 2020-12-08

Michael Marts Warsaw, US 2020-12-08

Tessa Seidler Naples, US 2020-12-08

Tienna Edwards Englewood, US 2020-12-08

Judit Mendoza Othello, US 2020-12-08

Jasper Woodward San Diego, US 2020-12-08 praloy saha queens, US 2020-12-08

Katherine Fajardo Ridgewood, US 2020-12-08 natalie dietz Houston, US 2020-12-08

Brianna Nason Turner, US 2020-12-08 kyle gonzalez Algonquin, US 2020-12-08

Peter Fontaine West Warwick, US 2020-12-08

Genevieve Ireland Alexandria, US 2020-12-08

Zamya Bryant Bethlehem, US 2020-12-08 Name Location Date

Keisha Coakley Orlando, US 2020-12-08

William Seyse Scotia, NY 2020-12-08

Kenny Vaher Troy, NY 2020-12-10

Annie Finn Albany, NY 2020-12-10

Steven Janowski Troy, NY 2020-12-10

Isaac Silberman-Gorn Latham, NY 2020-12-12

Cheryl Gorn New York, NY 2020-12-12

Margaret Irwin Troy, NY 2020-12-12

Sara Ibrahim Philadelphia, US 2020-12-12

Ashante Paw Lood Carmel, US 2020-12-12

Anna Duraney New Waterford, US 2020-12-12

Kiori Johnson Buford, US 2020-12-12 emily santana Anaheim, US 2020-12-12 morrissa dunn Warwick, US 2020-12-12 chris edwards Chicago, US 2020-12-12 jax the axe Springﬁeld, US 2020-12-12

Fernanda Tejeda Sacramento, US 2020-12-12 damion lester Las Vegas, US 2020-12-12 maddy dumas Portland, US 2020-12-12

Regina Reyes Salisbury, US 2020-12-12

Nikko Johnson Lexington, US 2020-12-12 kali lopez Swampscott, US 2020-12-12 Name Location Date gracie glotfelty oakland, US 2020-12-12

Jacob Figueroa Fresno, US 2020-12-12 chelsea gonzalez South Gate, US 2020-12-12

Luis Ortiz San Diego, US 2020-12-12

Kayley Argerbright Berea, US 2020-12-12

Chasity Infante Houston, US 2020-12-12

Suzy Flower Evansville, US 2020-12-12

Marissa Hicks Aiken, US 2020-12-12

Mikayla Mclaurin New Orleans, US 2020-12-12

Najma Moalin Nashville, US 2020-12-12

Jonelis Ojeda Perez Philadelphia, US 2020-12-12

Nabayit Fassil Mission Hill, US 2020-12-12

Natalie epperson Modesto, US 2020-12-12

Stephanie Toscano Norwalk, US 2020-12-12

Alejandra Zaragoza Oxnard, US 2020-12-12

Jeymy Santos Glen Head, US 2020-12-12

Sammy Bravo Rolling Meadows, US 2020-12-12

Tessa Noelle US 2020-12-12

Jeida Barron Dubois, US 2020-12-12 lucy gellman Walnut Creek, US 2020-12-12

Edithe Starr Oglala, US 2020-12-12 mahidah shahzad Flushing, US 2020-12-12 Name Location Date

Zakiya White Valdosta, US 2020-12-12

Anastasia Lindquist River Falls, US 2020-12-12 valerie brenes Madera, US 2020-12-12

Ronnie Richards Payette, US 2020-12-12

Meghan Scotti Minneapolis, US 2020-12-12

Amelia Belle Omaha, US 2020-12-12 evelyn Annoys Elk Grove, US 2020-12-12 lilly swert Toledo, US 2020-12-12

Denise Michelle San Antonio, US 2020-12-12

Samara Green Las Vegas, US 2020-12-12

Makena Meyer Evanston, US 2020-12-12

Katherine Agreda Hialeah, US 2020-12-12

Rachel Cuzco Woodhaven, US 2020-12-12

Rose Manton Southﬁeld, US 2020-12-12

Try Cheatham Washington, US 2020-12-12

Angie Ahmed Philadelphia, US 2020-12-12

Karen Illescas Los Angeles, US 2020-12-12

Kayden Hale Pompano Beach, US 2020-12-12

Adriana Miranda Albuquerque, US 2020-12-12

Kayla Johnson Freeland, US 2020-12-12 lily marshall Hollywood, US 2020-12-12 lori alcantara Fresno, US 2020-12-12 Name Location Date

Adriana Brazzell Pensacola, US 2020-12-12

Blake Abdalla Grand Rapids, US 2020-12-12

Makalia Jackson Coram, US 2020-12-12

Andrea Jackson Saint Paul, US 2020-12-12

Julia Miller Carlsbad, US 2020-12-12

Matthew Misho Niles, US 2020-12-12 bella carr Everett, US 2020-12-12

Eohd Owjdjw US 2020-12-12

Itzel Hernandez Elmhurst, US 2020-12-12

Rutaja Nadgauda Grand Rapids, US 2020-12-12

Alexia Martínez Cincinnati, US 2020-12-12 mehak s New York City, US 2020-12-12

Karla copard Dorchester, US 2020-12-12

Carissa Montes Valencia, US 2020-12-12

Gwynnie Kermorris San Diego, US 2020-12-12

Kimberly Hernandez San Jacinto, US 2020-12-12

Leonor Sandoval Lexington, US 2020-12-12 isabella hoffmann Clermont, US 2020-12-12

Simone Nied Virginia Beach, US 2020-12-12

Alondra Angel Salt Lake City, US 2020-12-12 airmauri davis York, US 2020-12-12

Keisha Sampson Darby, US 2020-12-12 Name Location Date

Gabrielle Arreglo Glendale, US 2020-12-12

Priscilla Adebambo Watertown, US 2020-12-12

Ana Vazquez Myrtle Beach, US 2020-12-12

Ray Rodriguez III Bronx, US 2020-12-12

Sahara Abdi Springﬁeld, US 2020-12-12

Daniella Canjura Clovis, US 2020-12-12

Melanie Arango Tampa, US 2020-12-12

Jazmin Chavez Fresno, US 2020-12-12

Lizbeth Lopez Oceanside, US 2020-12-12

Brendan B Carbondale, US 2020-12-12

Kennedy Sweet Albany, US 2020-12-12

Riley Sar Forest Hills, US 2020-12-12

Avolon Santiago New York, US 2020-12-12

Melody Takahashi Antioch, US 2020-12-12

Sophia Bendix Monroe, US 2020-12-12

Shart f Cloverdale, US 2020-12-12 valerie Mulato Northridge, US 2020-12-12

Hawo Shoble Rochester, US 2020-12-12

Emmanuella Chirac Roxbury, US 2020-12-12

RJ Jackson Elmwood Park, US 2020-12-12

Anna DeOlindo Franklin, US 2020-12-12

Keren Rodríguez Tampa, US 2020-12-12 Name Location Date elyse studer Austin, US 2020-12-12

Alyssa Jordan North Baltimore, US 2020-12-12

Zyd Coy Three Rivers, US 2020-12-12

Hola Comesta Valdosta, US 2020-12-12

Timur Ismagilov Longview, US 2020-12-12

Ixchell Diaz Patterson, US 2020-12-12 daisy ramirez Pawtucket, US 2020-12-12

Samira Pelegrine Denver, US 2020-12-12

Cactys Jack Los Angeles, US 2020-12-12

Hannah Milot New Milford, US 2020-12-12 ahona alam Houston, US 2020-12-12

Savannah Aguilar Los Angeles, US 2020-12-12

Alyvia Cornett Davison, US 2020-12-12

Travis B Winchester, US 2020-12-12

Fabian Huerta Porterville, US 2020-12-12

Janise Conley Detroit, US 2020-12-12 brooke davis Belleville, US 2020-12-12

Jihsu Ryu Edgewater, US 2020-12-12 emily will Blairsville, US 2020-12-12 brooke sexton Lansing, US 2020-12-12

Jasmine Balboa Crookston, US 2020-12-12

Jesika Mendoza San Antonio, US 2020-12-12 Name Location Date

Lillian Dahl Wichita, US 2020-12-12

Victoria Bazan Bessemer, US 2020-12-12

Violet Asenio Victorville, US 2020-12-12 devas roper Owensville, US 2020-12-12

Yelixa Hidrogo Middleton, US 2020-12-12

Zohra Hashimi Tucson, US 2020-12-12

Alaisha Williams Austin, US 2020-12-12

Ella Pankonin Louisville, US 2020-12-12

Hana Ahmed Fredericksburg, US 2020-12-12

Drew Lefebvre Concord, US 2020-12-12

Lola Linserly Fredonia, US 2020-12-12

Erika Rodriguez Acebedo Woodburn, US 2020-12-12

Maria Fuentes Orlando, US 2020-12-12 salma kwizera Manchester, US 2020-12-12

Juliana T Novi, US 2020-12-12

Bobby Ray Woods Bellﬂower, CA 2020-12-12

Serenity Russell Brooklyn, US 2020-12-12

Taylor Roddy Wichita, US 2020-12-12

Camreana Williams Chattanooga, US 2020-12-12

Sam Bustamante Minneapolis, US 2020-12-12

Allysha Lorraine Fairbanks, US 2020-12-12

Carly Sanchez Union City, US 2020-12-12 Name Location Date

Nora Dufresne Plano, US 2020-12-12

Anna Antilla Sherman, US 2020-12-12 jada martin Denham Springs, US 2020-12-12

Elyse McMillan Monticello, US 2020-12-12

Ellyana Pfeiffer Neosho, US 2020-12-12

Addison Nunes Olivehurst, US 2020-12-12

Ashley Hernandez Alhambra, US 2020-12-12

Mariela Mares Alameda, US 2020-12-12

Anahi Orozco Bakersﬁeld, US 2020-12-12

Madison Dodson Brooklyn, US 2020-12-12

Lucy Drechsel Mankato, US 2020-12-12

Zoe Medina Minneapolis, US 2020-12-12

Isabel Colin Desert Hot Springs, US 2020-12-12

Angelica Puente Houston, US 2020-12-12 andrea Lopez Goodyear, US 2020-12-12

Marie Rose Sterling, US 2020-12-12

Dasan Shaw Boca Raton, US 2020-12-12

Adriana Hernandez Chicago, US 2020-12-12

Amia Simmons Baltimore, US 2020-12-12

Sarah Murphy Grovetown, US 2020-12-12 ta’lijah frazier sparta, US 2020-12-12

Natalia Bellido Hollywood, US 2020-12-12 Name Location Date

Angelina Gonzalez Turlock, US 2020-12-12

Brooklyn Koesters Indianapolis, US 2020-12-12

Neida Perales Laredo, US 2020-12-12

Julianne Cervantes Carson, US 2020-12-12

Giordyn R Fort Lauderdale, US 2020-12-12 brooklin phillips vinita, US 2020-12-12

EllaMai Queen Sapulpa, US 2020-12-12

Julianna Macias Santa Ana, US 2020-12-12

Carmen Torres Houston, US 2020-12-12

Madaline Lauener Joplin, US 2020-12-12

Toni Rossetti Poulsbo, WA 2020-12-12

Mira Tueller Garden City, US 2020-12-12

Courtney Robinson Anna, US 2020-12-12

Jillian Daire Riverview, US 2020-12-12

Saﬁya Rhea Arvada, US 2020-12-12

Jesminda Darmanie Brooklyn, US 2020-12-12

Destiny Castellanos El Paso, TX 2020-12-12

Mercedes Del Denver, US 2020-12-12

Trinity Nguyen Glastonbury, US 2020-12-12

April He Rosemead, US 2020-12-12

Molly LaBar Clifton Park, US 2020-12-12

Andrea Marin Las Vegas, US 2020-12-12 Name Location Date

Miana Jeancharles New York, US 2020-12-12

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Jacqueline Citriniti Schenectady, NY 2021-01-01

Brenda Torres Cohoes, NY 2021-01-03 brianna clark Troy, NY 2021-01-03

Pat Ouderkirk Albany, NY 2021-01-05 kaily hackworth Bloomington, US 2021-01-10 Name Location Date

Emma Smith Albany, NY 2021-01-10

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Sharon Wesley Troy, NY 2021-01-11

Marian Beck-Edwards Grapevine, US 2021-01-11

Maureen Beardsley San Luis Obispo, US 2021-01-11

Albert Magana Littleton, US 2021-01-11

Debra Spotti MidwY, US 2021-01-11

Sarah Dyson Evansville, US 2021-01-11

Tim Grunwald Virginia Beach, US 2021-01-11 me D Chicago, US 2021-01-11

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Olivia Koﬄer Baker City, US 2021-01-12 Name Location Date

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Carl Fiaschetti New York, NY 2021-01-25

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Latanya Mcdaniel Upper Darby, PA 2021-01-25

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Leyan Xu Los Angeles, US 2021-01-25 Name Location Date

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Iris van woerkom Netherlands 2021-02-11

Nicole Escamilla Simi Valley, CA 2021-02-11

Frida Rørvik Sogndal, Norway 2021-02-11

Mary Prackett Jerusalem, Israel 2021-02-11

Ella S Brisbane, Australia 2021-02-11 Name Location Date

Rachel Zuraek Seattle, WA 2021-02-11

Isabella Leeman Los Angeles, CA 2021-02-11

Lindsey Z. Seattle, WA 2021-02-11

Olivia B Australia 2021-02-11

Lizeth Otero Mexico 2021-02-11

Kenneth Keenan Cohoes, NY 2021-02-11

Franziska Keller Munich, Germany 2021-02-11

Cynthia Stevens Spokane, WA 2021-02-11

Angel Acevedo New Braunfels, TX 2021-02-11

Kaila Franklin Fort Lauderdale, DC 2021-02-11

Lilly Davis Nogales, AZ 2021-02-11

Carina Haug Mo i Rana, Norway 2021-02-11

Scout W West Miﬄin, PA 2021-02-11

Elinore McLain Falls Church, VA 2021-02-11

Ana Livia Fazenda Rio Grande, Brazil 2021-02-11

Loretta Pyles Delmar, NY 2021-02-11

Rowan Reist Wellsboro, PA 2021-02-11

Magda Duda Katowice, Poland 2021-02-11

Jay Caldwell Marquette, MI 2021-02-11

Linh Vuong Santa Barbara, CA 2021-02-11

Igor Amorim Campos Cuiaba, Brazil 2021-02-11

Mia Ramsey NotReal, CA 2021-02-11 Name Location Date

Laurel Murphy Indianapolis, IN 2021-02-11

Teddy Smith Indianapolis, IN 2021-02-11

Ismael Torrez West Allis, WI 2021-02-11

Luana Alves Itapecerica, Brazil 2021-02-11

John Stegemann Wynantskill, NY 2021-02-12

Caroline Gillespie West Hartford, CT 2021-02-12

Wendell Foda Dias Curitiba, Brazil 2021-02-12

Ginger Anders Collierville, TN 2021-02-12

Miranda Marx Pawnee, IL 2021-02-12

J Hue Port Washington, WI 2021-02-12

Meghan Sullivan Wynantskill, NY 2021-02-12

Cynthia Corl Los Angeles, CA 2021-02-12

Tanya Guzman Seattle, WA 2021-02-12

Joanna Ahlatis Saratoga Springs, NY 2021-02-12

Jade Madrid Gardendale, TX 2021-02-12

Kate Jacob Ellicott City, MD 2021-02-12

Quinn Eyster Columbus, NJ 2021-02-12

Zoe Carlson Minneapolis, MN 2021-02-12

Allyson Jones Mount Vernon, US 2021-02-12

Brittney Mickaliger Shirley, NY 2021-02-12

Anna Boekelheide Charlotte, NC 2021-02-12

Amanda Keith Austin, TX 2021-02-12 Name Location Date

Bella Hartmann Oakland, CA 2021-02-12 jordyn c wi, NY 2021-02-12

Jordan Davis Pelzer, SC 2021-02-12 mav rick Stockton, CA 2021-02-12

Natalie Roberts Columbia, MO 2021-02-12

Angela Wait Austin, TX 2021-02-12

Isabel Rodriguez Baltimore, OH 2021-02-12

Kat Joy Portland, OR 2021-02-12

Allen Sharpe US 2021-02-12

Kelsea O'Reilly Palmetto, FL 2021-02-12

Bajha Braddy Houston, TX 2021-02-12

Sarah Johnson Gatineau, Quebec, Canada 2021-02-12 sasha b Guarulhos, Brazil 2021-02-12

Anna Dumancic Port Moody, Canada 2021-02-12

Cleo Santos New Hyde Park, NY 2021-02-12

Rebekah Jakola Washington, DC 2021-02-12

RA Rhodus Excelsior Springs, MO 2021-02-12

Alexa Marines Orland Park, IL 2021-02-12

Robin Pegau Cordova, AK 2021-02-12

Amy G Exeter, England, UK 2021-02-12

Rebecca Strathman Leander, TX 2021-02-12

Devin Williams Columbus, GA 2021-02-12 Name Location Date

Daylen Kilgallon Norman, OK 2021-02-12

Logynn Bishop Auburn, IN 2021-02-12

Krishna Cousins Washington, DC 2021-02-12

Grace Smith Kalamazoo, US 2021-02-12

Rebecca DeAngelis Dobbs Ferry, NY 2021-02-12

Jordan Williams West Palm Beach, FL 2021-02-12

Asa Benjamin Minneapolis, MN 2021-02-12

Leren Hilde A. Oslk, Norway 2021-02-12

Elizabeth Everitt Madison, WI 2021-02-12

Katie Faustlittle Northampton, MA 2021-02-12

Jillian Hill Bakersﬁeld, CA 2021-02-12

Madeleine McCullough auck, New Zealand 2021-02-12

Valerie Partenheimer Parker, CO 2021-02-12

Shruti Sharma Escondido, CA 2021-02-12

Seymour S US 2021-02-12

Emily MacLean Kingston, RI 2021-02-12

Ahmad Hijazi Clifton Park, NY 2021-02-12

Anjelica Mitlitsky Wayne, NJ 2021-02-12

Johanna Stone Charlotte, NC 2021-02-12

Josie Vaughn Cincinnati, OH 2021-02-12

Hannah Ceselski Pasadena, CA 2021-02-12

Sonia Makins Adelaide, Australia 2021-02-12 Name Location Date

Illyana Walz Vancouver, WA 2021-02-12

Jane Zegarra San Marcos, CA 2021-02-12

Emily Johnson Portland, OR 2021-02-12

Elizabeth Franklin Zephyrhills, US 2021-02-12

Courtney Barth New York, NY 2021-02-12

Paige Matos Charlotte, NC 2021-02-12

Hailey VanDemarr Vancouver, WA 2021-02-12

Ellie Egan Arlington, MA 2021-02-12

Ilham Mohamud Mississauga, Canada 2021-02-12

Serena Senko Pico Rivera, CA 2021-02-12

Suzanne Winchester Tampa, FL 2021-02-12

Jailah Lytch Monroe, NC 2021-02-12

Ari B Kista, Sweden 2021-02-12

Danny Canning Brooklyn, NY 2021-02-12

Nora Hagkull Valencia, US 2021-02-12

Amelia Schwarz Olathe, KS 2021-02-12

Kiara Lencz Australia 2021-02-12

Taliesin Voltania West Point, MS 2021-02-12

Danica Engen Winnipeg, Canada 2021-02-12

Kelly Sanabria Ardmore, US 2021-02-12

Julie loomis Yellowknife, Canada 2021-02-12

Kali Arreola Upland, CA 2021-02-12 Name Location Date

Zara Shaikh Karachi, Pakistan 2021-02-12

Imogen Flanagan Hobart, Australia 2021-02-12

Levia Roskopf Tacoma, US 2021-02-12

Lauren Fahrner Ballwin, MO 2021-02-12

Billie Parrett Independence, KY 2021-02-12

Isla Cameron Livingston, UK 2021-02-12

Oskar Lindholm Göteborg, Sweden 2021-02-12

Indy Charles California 2021-02-12

Chiara Roncato Italy 2021-02-12

Amber van der wielen Netherlands 2021-02-12

Vicky Lam Sydney, Australia 2021-02-12

Cheryl Parrish Columbus, GA 2021-02-12

Soﬁe B Lillehammer, Sogn og Fjordane, Norway 2021-02-12

Helen Kaiser Buchholz In Der Nordheide, Germany 2021-02-12

Sarah Cardenas Riverside, CA 2021-02-12 catherine leivonen Manassas, VA 2021-02-12

Vivi Cris Londrina, Brazil 2021-02-12

Ashita Yedida Surat, India 2021-02-12

N P Edgewater, MD 2021-02-12

Brendan Goetzke Annapolis, MD 2021-02-12

Grace DePanise Saint Michaels, MD 2021-02-12

Milagros Toledo Philadelphia, US 2021-02-12 Name Location Date

Shay Partin Mansﬁeld, US 2021-02-12

Lauren Hedges Shinglehouse, US 2021-02-12

Amari Ingram Bronx, US 2021-02-12

Chris Raymond Roselle, US 2021-02-12

Anthony Scott Concord, US 2021-02-12

Lucy McCain Pelahatchie, MS 2021-02-12

Lorri Englese Laporte, US 2021-02-12

Stanley Brown Rocky Mount, US 2021-02-12

Joseph Daigle Annapolis, MD 2021-02-12

Grady Youngblood Fort Lauderdale, US 2021-02-12 lil koto Miami, US 2021-02-12

Yajaira Perez Florez Minneapolis, US 2021-02-12

Jermain Totten Charlotte, US 2021-02-12

Chloe Samuel Walton, US 2021-02-12

Rajeam Phillips Stroudsburg, US 2021-02-12

Angelina Amor Fair lawn, US 2021-02-12

Kayla Fortuna Ambridge, US 2021-02-12

Eden Black Jefferson, US 2021-02-12 sophie allen US 2021-02-12

Nathan Crispen Butler, US 2021-02-12

Zoey White Elgin, US 2021-02-12

Donna Daly Yonkers, US 2021-02-12 Name Location Date

Trevor Berger Northport, US 2021-02-12

Mili Jha West Lafayette, IN 2021-02-12

Briana Bryner Marinette, WI 2021-02-12

Sabrina Penn Annapolis, MD 2021-02-12

Tanya Kambou Rockville, MD 2021-02-12

Madison Chambers Windsor, Ontario, Canada 2021-02-12

Louisa Hoback Lincoln Park, MI 2021-02-12

Nikola Swaney US 2021-02-12

Grace M Waverly, US 2021-02-12

Natalie Cline Dublin, OH 2021-02-12

Sarah Arcis France 2021-02-12

Mira Gutoff San Francisco, CA 2021-02-12

Michel Foreman Xenia, IL 2021-02-12

Octavio Perez Latorre Godoy Cruz, Argentina 2021-02-12

Natassia Watson Santa Barbara, CA 2021-02-12

Nadia Allan Philadelphia, PA 2021-02-12

Mia Bridges Virginia 2021-02-12

Nina Erichson Fullerton, CA 2021-02-12

Edd Ma Cupertino, CA 2021-02-12

Sydney Stutsman Indianapolis, IN 2021-02-12

Isaac Wilson Gwynn Oak, US 2021-02-12

Zoe Outcalt Greenﬁeld, US 2021-02-12 Name Location Date

Julia Clark Burlington, NJ 2021-02-12

Masha Novoselova Saratoga, CA 2021-02-12

Samod Smith Newark, US 2021-02-12

Julia Kelly Rio De Janeiro, Brazil 2021-02-12

Claire Fetgatter Midland, VA 2021-02-12

Gabriela Gusetelu Hamburg, US 2021-02-12

Charlotte Spencer US 2021-02-12

Emily Peterson San Diego, US 2021-02-12

Doris Springﬁeld Indianapolis, US 2021-02-12

Damian Martin Homestead, US 2021-02-12

Sacha Perry-Fagant Summerland, Canada 2021-02-12

Eliana Griﬃn Dayton, US 2021-02-12

Kory Berg Longmont, US 2021-02-12

A Del Grosso US 2021-02-12

Lilly Banana Helena, US 2021-02-12

Olivia Peck Carlsbad, US 2021-02-12

Quan Jackson Accokeek, US 2021-02-12

Gabrielle Clark Memphis, US 2021-02-12

Rishon Young Minneapolis, US 2021-02-12

Reginald Butler Baltimore, US 2021-02-12

Jo Jo Bronx, US 2021-02-12

Olivia Deep Albany, NY 2021-02-12 Name Location Date

Matthew Calero Sulphur, LA 2021-02-12

Evelyn Reilly Rocky mount, VA 2021-02-12 hallie h Minneapolis, MN 2021-02-12

Jonathon weeks Weeks Seattle, WA 2021-02-12

Olivia Bullivant Baltimore, US 2021-02-12

Shannon Carroll Homer Glen, IL 2021-02-12

Maddie Cranston Toronto, Ontario, Canada 2021-02-12

Nicole Diem Simi Valley, CA 2021-02-12

Sarah Ennals Toronto, Canada 2021-02-12

Miguel Hernandez Philadelphia, US 2021-02-12

Peter Rolon Orlando, US 2021-02-12

Scott Robinson Cedar Springs, US 2021-02-12

Adia Ptacek Champaign, IL 2021-02-12

Rene Ruiz Bronx, US 2021-02-12

Shawn Dasilva Denver, US 2021-02-12

Rivera Jesus El Monte, US 2021-02-12

Ryan Floyd Catasauqua, US 2021-02-12

Kimana Thacker Rhome, TX 2021-02-12

Komron Mohseni Seattle, US 2021-02-12

Monabell Pastrana Hemet, CA 2021-02-12

Wendy Bowman Lacey, US 2021-02-12

Lesly Enriquez Houston, US 2021-02-12 Name Location Date

Henry Alvarez Boston, US 2021-02-12

Hannah Lehew Indian Head, US 2021-02-12

Eva Blankenship Nicholasville, US 2021-02-12 rosario muniz Huntington Park, US 2021-02-12

Jon Hagen Fort Myers, US 2021-02-12 ana wells East Northport, NY 2021-02-12

Kathie Barr Dyer, US 2021-02-12

Antonio Colletta Bakersﬁeld, CA 2021-02-12

Hope L Providence, RI 2021-02-12

Emilie Radle Severna Park, MD 2021-02-12

Marvin Harris Brooklyn, NY 2021-02-12

Trevor Salmans Barrington, RI 2021-02-12

Kyle Johnson Mentor, OH 2021-02-12

Maria Filed Hialeah, FL 2021-02-12

Gabrielle Cilfone Torrington, CT 2021-02-12

Mariah Choiniere Burlington, VT 2021-02-12

Heather Gori Santa Rosa, CA 2021-02-12

Gwen Gay Collierville, TN 2021-02-12

Taylor Powell Elk Grove, CA 2021-02-12

Soﬁa Marquez Ottawa, Canada 2021-02-12

Cassie Williams San Gabriel, CA 2021-02-12

Megan Thompson Vandalia, IL 2021-02-12 Name Location Date

Katie Rose Dell Winter Garden, FL 2021-02-12

Marina Long East Longmeadow, MA 2021-02-12

Jay Wright Bensalem, PA 2021-02-12 addie kennedy Vermilion, OH 2021-02-12

Nathan Lee Cupertino, CA 2021-02-12

Tess Richardson Midland, US 2021-02-12 julianne neigel Larose, LA 2021-02-12

Kayla McCarthy Phoenix, AZ 2021-02-12

Jasper Hulme New Westminster, Canada 2021-02-12

Julia DeFoor Cincinnati, OH 2021-02-12

Nelson Rinaldi Springﬁeld, NJ 2021-02-12

Rebecca Bai Oakville, Ontario, Canada 2021-02-12

Katherine Q Winona, MN 2021-02-12

Ali Sar Rosemead, CA 2021-02-12

Drew Scott Clarksburg, MD 2021-02-12

Amy Feilberg Frederiksværk, Denmark 2021-02-12

K Jhirad Burlington, Ontario, Canada 2021-02-12

Reese Powell New York, NY 2021-02-12

Jayanti Leslie-Iyer New York, NY 2021-02-12

Jasmine Masterson Colorado Springs, CO 2021-02-12

Grace Brockway Indianapolis, IN 2021-02-12

Karen Whitten Dallas, TX 2021-02-12 Name Location Date

Alina Aguirre Newport Beach, CA 2021-02-12

Nikki Heinert Lummen, Belgium 2021-02-12

Ash Morge Hounslow, UK 2021-02-12

Mary McKeon Ashburn, VA 2021-02-12

Jay B Porter Ranch, CA 2021-02-12

Anna Campas Delmar, NY 2021-02-12

Amina Khateeb Nesodden, US 2021-02-12

Patience Mugisha Nesodden, Norway 2021-02-12

Kimmie Piper Etobicoke, Canada 2021-02-12

Laura Friestad Iowa City, IA 2021-02-12

Jacob Marion Oshawa, Canada 2021-02-13

Steﬃ Carmel La Courneuve, France 2021-02-13

Madeline Roy Cornwall, Canada 2021-02-13

Karina Forshee Chicago, IL 2021-02-13

Cliodhna McTaggart Belfast, UK 2021-02-13

Liza Nadtochiy Naperville, IL 2021-02-13

Thallys Simao Peabody, MA 2021-02-13

Sadie Gomez Newport News, VA 2021-02-13

Sam Oliver London, UK 2021-02-13

Nancy Trinh Los Angeles, CA 2021-02-13

Emma Grant Vincentown, NJ 2021-02-13

Angelicia Leybas Del Valle, TX 2021-02-13 Name Location Date

Jazmin Gonzalez Phoenix, AZ 2021-02-13

Ariet Oman Calgary, Canada 2021-02-13

Lei Basich Woodbridge, VA 2021-02-13

Sophia B Chelsea, MI 2021-02-13

Estee Schlenner Okemos, MI 2021-02-13

Nicole Tupitza Edinboro, US 2021-02-13

Sally Alfaro Littleton, US 2021-02-13

Livia Douglas Aberdeen, US 2021-02-13

Carson Krumm Aberdeen, US 2021-02-13

Mya Sunderman Bakersﬁeld, CA 2021-02-13

Gorety Ramírez Downey, US 2021-02-13

Brittany Festin Logan, UT 2021-02-13

Leslie Appiahene Lakeland, US 2021-02-13

Devi Pranavi Viswanadham Milpitas, US 2021-02-13

Sophie Baker Asheville, NC 2021-02-13

Anita Lucero Rapid city, US 2021-02-13

Dimitra K Athena, Greece 2021-02-13

Jalene Chase Rapid City, US 2021-02-13 gift Macauley crossriver, Nigeria 2021-02-13

Brandon Sprenger Rapid City, US 2021-02-13

Colleen Bur Plymouth, MN 2021-02-13

Patricija Kreislere Riga, Latvia 2021-02-13 Name Location Date

Emily Van Loan Joplin, MO 2021-02-13

Derek Solomon Albany, NY 2021-02-13

Zachary Renard Austin, TX 2021-02-13

Christine Swett Saco, ME 2021-02-13

Sophie Loring Pleasantville, NY 2021-02-13

Sara Woodward Wilmington, DE 2021-02-13

Jackson Wong Troy, NY 2021-02-13

Andreas Rebmann Haddonﬁeld, NJ 2021-02-13

Soﬁe Henriksen Oslo, Norway 2021-02-13

Emilie Coutin Newcastle upon Tyne, UK 2021-02-13

Caelynn Hogarth Troy, NY 2021-02-13

Jay Yriberry Brooklyn, NY 2021-02-13

Giselle Matos Mississauga, Canada 2021-02-13 lane power Pittston, PA 2021-02-13

Ryder Shallbetter Gunnison, CO 2021-02-13

Caroline Undorf Stockholm, Sweden 2021-02-13

Brenna Harshman Apopka, FL 2021-02-13 kileigh gibson Harrodsburg, KY 2021-02-13

Megana Uppalapati San Jose, CA 2021-02-13

Seraﬁna Taylor San Jose, CA 2021-02-13

Mi Nam Craddock Seattle, WA 2021-02-13

Aileen Lomeli Van Nuys, CA 2021-02-13 Name Location Date

Imber Cozy Aurora, IL 2021-02-13

Ariel Kogan Brooklyn, NY 2021-02-13

Judy Gutierrez Spring, TX 2021-02-13 ale merquinn Romania 2021-02-13

Sam North Bern, Switzerland 2021-02-13

Lily Brown Huntington, NY 2021-02-13

Carly Thompson Hermiston, OR 2021-02-13

Morgan Warrick Montgomery, AL 2021-02-13

Nicholas Lee North Providence, RI 2021-02-14

Stella Miller US 2021-02-14

Allison Bartlett Portugal Cove, Newfoundland and 2021-02-14 Labrador, Canada

Emma Åkerström Stockholm, Sweden 2021-02-14

Sadie Scott-Hobson Seattle, WA 2021-02-14

Emma M Vancouver, British Columbia, Canada 2021-02-14

Mar Yamamoto Redwood City, CA 2021-02-14

Ava Ross Dekalb, IL 2021-02-14

Kathleen Hales Turlock, CA 2021-02-14 meghaleena Mukherjee Bengaluru, India 2021-02-14

Petra Pitkäkoski Oitti, Finland 2021-02-14

Emilia Undorf Farsta, Sweden 2021-02-14

Raine Paul Sydney, Australia 2021-02-14 Name Location Date

Sonali k Delhi, India 2021-02-14

Emily Firmston Calgary, Canada 2021-02-14

Rowan Warner Campbellsville, KY 2021-02-14 j. alexander gaspar Chicago, IL 2021-02-15

L R Braunton, UK 2021-02-15

Alex Macleod Glasgow, UK 2021-02-15

Jo Quimson Paciﬁca, CA 2021-02-15

Lee Beary Great Mills, MD 2021-02-15

Diego Canalejas Huesca, Spain 2021-02-15

Olivia Grego LaGrange, GA 2021-02-16

Fae McMann Reading, PA 2021-02-16 grace herrington Mendenhall, MS 2021-02-16

Dana Eichler San Francisco, CA 2021-02-16

Skyler Randolph Silverton, OR 2021-02-16

Sharae Hill Dedham, MA 2021-02-16

Tommie Jones Fresno, CA 2021-02-16

Tamiko Park Lakewood, CA 2021-02-16

Finley Vigliotti West Haven, CT 2021-02-16

Alexandra Gutierrez Laredo, TX 2021-02-16

El McDonald Baltimore, MD 2021-02-16

Macy Gorman New York, NY 2021-02-16

Karina Maciel Kailua, HI 2021-02-16 Name Location Date

Lauren Pearlman Dallas, GA 2021-02-16

Kova Laguna Charlotte, NC 2021-02-16

Laura Denison Oxford, UK 2021-02-16

Monica Griﬃths Crewe, UK 2021-02-16

Anna Ayala El Cajon, CA 2021-02-16

Sydney Meixner Miami, FL 2021-02-16

Katanah Dalaize Pantin, France 2021-02-17

London Cummings Ogden, UT 2021-02-17

Bonnie Stears Green Island, NY 2021-02-17

Sarah Walsh Altamont, NY 2021-02-17

Christina Buback Brighton, US 2021-02-17

Tyrone Johnson Nashville, US 2021-02-17

Jamie Bultemeier Southampton, US 2021-02-17

Amarilis Corchado Hialeah, US 2021-02-17

Joseph Barone Lake George, US 2021-02-17

Daniel Leroy Folsom, US 2021-02-17

Thalia Brito Taunton, US 2021-02-17

Jolie Long Boiling Springs, US 2021-02-17

William Taylor Concord, US 2021-02-17

Kacie Orozco Chicago, US 2021-02-17

Gelsa Spilfogel Pompano Beach, US 2021-02-17 susan jones Worley, US 2021-02-17 Name Location Date viola pietraszek clark, US 2021-02-17

Steven Morris Sharps Chapel, US 2021-02-17

Al Levandoski Dahlonega, US 2021-02-17

Alex Love Morgantown, US 2021-02-17 alexis a Pompano Beach, US 2021-02-17

Jenny Mowery anaheim, US 2021-02-17

Jeffrey Whitlatch Cape Coral, US 2021-02-17

Audrey Keplinger Geneva, US 2021-02-17

Squirrel Child Bozeman, US 2021-02-17

Katelyn Miller Dunedin, US 2021-02-17

Lauren Zahrn Champaign, US 2021-02-17

Liliana Montoya Phoenix, US 2021-02-17

Katherine Smith Gaithersburg, US 2021-02-17 guis Kougianos Bronx, US 2021-02-17

Terry Hoskins Indianapolis, US 2021-02-17

Nicole Price Ohio, US 2021-02-17

Ainsley Kindred Aliquippa, US 2021-02-17

Stacu Mirabile Ocala, US 2021-02-17

Grahm Dodge Merrill, US 2021-02-17

Karolina Jaronis Orlando, US 2021-02-17

Isabel Mitchko Raleigh, US 2021-02-17

Virginia McArtor Canton, US 2021-02-17 Name Location Date

Katie Dixon Lithia, US 2021-02-17

Tarhonda Staton Camden, US 2021-02-17

Joshua Standiford Lake Zurich, US 2021-02-17

Melanie Miele Franklin, US 2021-02-17 sophia arias Palm Beach Gardens, US 2021-02-17

Tashina Bross San Clemente, US 2021-02-17

Eleanor Reid Hanover, NH 2021-02-17

Saige Stiner Louisville, KY 2021-02-17

April sagan Troy, NY 2021-02-17

Amy Kence Mesa, AZ 2021-02-17

Ishani McGuire Wandsworth, UK 2021-02-17

Jeriah Bankson Troy, NY 2021-02-17

Kaeli Smith Clinton, MA 2021-02-18

Zeenah Iskander Los Angeles, CA 2021-02-18

Chris Schian Wien, Austria 2021-02-18

Lucius McCall US 2021-02-18

Vickie Whimple Troy, NY 2021-02-19

Celia Kutz Averill Park, NY 2021-02-19

Emma Bjerk Superior, WI 2021-02-19 caden amare Edmonton, Alberta, Canada 2021-02-19

Ethan Supina Edmonton, Alberta, Canada 2021-02-19

Ada Kling Espoo, Finland 2021-02-19 Name Location Date

Kiera Supina Devon, Alberta, Canada 2021-02-19

Kechel Hutchings Beaumont, TX 2021-02-20

Savannah Bowen Chaska, MN 2021-02-20

Collin Mims Wimberley, TX 2021-02-20 michaela bonsu Worcester, MA 2021-02-21

Alyssa Kim Englewood, NJ 2021-02-22

Blonde Blonde Cushing, OK 2021-02-22

Devin Johnson Mountlake Terrace, WA 2021-02-22

Jeremy Cherson Kingston, NY 2021-02-22

Ashleigh Andersen Springville, UT 2021-02-22

Anna Matutina Charleston, SC 2021-02-22 james b Traralgon, Australia 2021-02-22 jen wang detroit, MI 2021-02-23

Alyssa Hayes Darwin, Australia 2021-02-23 avery fryer Alexandria, UK 2021-02-23

Priscilla Lujan Phoenix, US 2021-02-23

Chelsea Schuler Palm Harbor, FL 2021-02-24

Linda Dutt Tacoma, WA 2021-02-24

Benny Freeman Freeville, NY 2021-02-24

Vidya Anbalagan Kosciusko, MS 2021-02-24

Erwin Hopmans San Nicolas, Aruba 2021-02-24

M C New Jersey 2021-02-24 Name Location Date

Kathryn Antares Kalamazoo, MI 2021-02-24

Patricia Bristow-Johnson Burlington, VT 2021-02-25

Elise Brown Brandan, Canada 2021-02-25

Chelsea Daus New York, NY 2021-02-25

Freya Reilly Epsom, UK 2021-02-25

Mary Russell Harrogate, TN 2021-02-26

Cassidy Smith Pittsburgh, PA 2021-02-26

Trashy Moonstar Tracy, CA 2021-02-26

Fizzy Cola Albuquerque, NM 2021-02-27

Arayah Neste Whitehall, MI 2021-02-27

Catherine Merrill Boise, ID 2021-02-27

Gracie Turner Bullhead City, AZ 2021-02-27

Devon Milner Portland, OR 2021-02-27

Annika Norris Orlando, FL 2021-02-27

Edward Hoover Lacey, WA 2021-02-27

Hazel Lory Sparks, NV 2021-02-27

Rocio Lopez Whittier, US 2021-02-27

Petle Dennis Fort Worth, TX 2021-02-27

Mordecai Jenkins Citrus Heights, CA 2021-02-28

Angel Maung Avon, CT 2021-02-28

Briana Tavares Philadelphia, PA 2021-03-02

Emma Ramos Vega Baja, US 2021-03-03 Name Location Date

Bridget Sampson Lebanon, IL 2021-03-05

Mia Markham Cheshire, UK 2021-03-06

Rishona Altenberg Toronto, Ontario, Canada 2021-03-06

Joanne Lam Dublin, Ireland 2021-03-07

Sally Tobin Dublin, Ireland 2021-03-07

Claire Tyne Sun City, AZ 2021-03-08

Jordan Nelson Milaca, MN 2021-03-08

Lindsey Bernier Fairfax, VA 2021-03-08

Isabelle Costanzo Toronto, Ontario, Canada 2021-03-08

Megan Scott Place, CA 2021-03-08

Kate Myers Towson, MD 2021-03-08

Jay Harris Andover, MA 2021-03-14

Joseph Boardman San Diego, CA 2021-03-14 maria hgg Bad Axe, India 2021-03-14

Paris Wong Houston, TX 2021-03-15

Alexandra Brame Las Vegas, NV 2021-03-24

Loyiso Ngebulana Johannesburg, South Africa 2021-03-25

Cassandra Davis Albany, NY 2021-03-25

Jo-Anne Wilson Rochester, NY 2021-03-25

Kate Hart Jones Concoed, NH 2021-03-26

Thomas Dwyer Saint Petersburg, NY 2021-03-26

Ronda Kennedy Mechanicville, NY 2021-04-02 Name Location Date

Sandra Sickles Ravena, NY 2021-04-03

Maria Grecu Jesenice, Czech Republic 2021-04-04

Corinne Wingrove Troy, NY 2021-04-07

Lillian pappalardo US 2021-04-16

Jennifer Reed Castro Ithaca, US 2021-04-16

Kathlene Meppen Melrose, NY 2021-04-20

Ahnalese Pearson Schenectady, NY 2021-04-21

Craig Wilson East Greenbush, NY 2021-04-22

Elliot Vega Costa Mesa, CA 2021-04-22

Francesca Romano Rensselaer, NY 2021-04-23

BILL MCLOUGHLAN Troy, NY 2021-04-24 Dear City Council Planning Committee Chair Anasha Cummings,

please find attached relevant documents previously submitted to the record that are critical to the considerations at the Committee hearing on April 27, 2021 regarding Res 29.

These submissions are hereby entered into the records, and we request them to be added to the minutes, including this email.

These submissions were previously submitted to various decision making bodies of the City of Troy: - to the Planning Committee hearing of August 27, 2021 - the City Council General regular meeting of September 10, 2020 - the Planning Commission meeting of November 19, 2020 - the Planning Commission meeting of December 29, 2020 - the Planning Commission meeting of January 28, 2021

The documents provide critical information on a scope of issues that all speak to the following aspects: 1) potential, anticipated and assessed negative impacts arising from a rezoning from R-1 to P. 2) potential, anticipated and assessed negative impacts arising from a development as proposed by Kevin Vandenburgh of the tax parcel located at 1011 2nd Avenue in Troy, NY. 3) potential, anticipated and assessed negative impacts arising from the rezoning and development as considered in their conjunction. 4) Issues and legal aspects regarding spot zoning, segmentation, and/or inconsistencies with the 2018 “Realize Troy” comprehensive plan provided by Riverkeeper, Scenic Hudson and/or Phillip Oswald Esq. 5) Process flaws regarding the residency requirements at the City Council Regular meeting on September 10, 2020 6) Stormwater runoff impacts simulations and combined sewage overflow impacts (Kruegler) 7) Ecological surveys identifying and documenting 3 state rare species and 24 county rare species on the parcel

- “Troy’s Sacred Forest” by Friends of the Mahicantuck - Letters by Phillip Oswald Esq on legal issues and conflicts - Letters by Scenci Hudson and/or Riverkeeper on Comprehensive Plan inconsistencies and implications - EPA list of federal waterways, showing misstatements in the EAF regarding waterways in addition to omissions of state and county rare species - Kruegler Stormwater Runoff Simulation - Friends of the Mahicantuck submissions (FotM) - DOS opinion on residency requirement - Ecological Surveys Dec 2020 and Jan 2021

Sincerely, The Friends of the Mahicantuck

[Attachments on following pages.]

33 From: Oneill, Kristin (DOS) [email protected] Subject: RE: Residents-Only restriction for public meeting at public meetings at the City of Troy Date: September 9, 2020 at 3:11 PM To: [redacted: email address]

Good Afternoon [REDACTED: NAME],

Thank you for contacting the Committee on Open Government. The Open Meetings Law provides a right to attend to the "general public." (Open Meetings Law Section 103(a)). A resident Schenectady, Albany, or even Buffalo or New York City would have the same right to attend a meeting of the Troy City Council as a resident of the City. That being so, I do not believe that a public body could validly require that those who attend or seek to attend identify themselves by name, residence or interest. In short, it is my view that any member of the public has an equal opportunity to partake in an open meeting, and that an effort to distinguish among attendees by residence or any other qualifier would be inconsistent with the Open Meetings Law and, therefore, unreasonable. Moreover, people other than residents, particularly those who own property or operate businesses in a community, may have a substantial interest in attending and expressing their views at meetings of City Councils and other public bodies. Prohibiting those people from speaking, even though they may have a significant interest in the topics being discussed, while permitting residents to do so, would, in my view, be unjustifiable.

In addition, I note that Section 110(1) of the Open Meetings Law states “Any provision of a charter, administrative code, local law, ordinance, or rule or regulation affecting a public body which is more restrictive with respect to public access than this article shall be deemed superseded hereby to the extent that such provision is more restrictive than this article.” In other words, any aspect of the City Code that is more restrictive with respect to public access (i.e., a residency requirement), is superseded by the Open Meetings Law.

I hope this information proves useful.

Sincerely,

Kristin O’Neill Assistant Director, Committee on Open Government

New York State Department of State One Commerce Plaza, Albany, NY 12231 (518) 474-2518 http://www.dos.ny.gov/coog/

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Appendix 1 Ecological Survey December 2020

TO: Troy City Planning Board. FROM: David Hunt, Ecological Intuition & Medicine Rensselaer County Biodiversity Greenprint Project RE: Golub Parcel. Proposed Apartment Complex Development. Pleasantdale Bluffs, City of Troy. DATE: December 22, 2020

Planning Board Members,

As part of my effort of over 20 years to map and provide information to landowners and conservation organizations about regionally-important ecological/biodiversity sites throughout Rensselaer County, I would like to bring to your attention information on two important sites connected to the 9.93-acre Golub parcel (Tax Parcel 70.64-1-1) in the City of Troy, on which an apartment complex is reportedly being proposed:

"Pleasantdale Bluffs" a county-important rocky summit/slope ecosystem complex containing knolls and cliffs along the Hudson River spanning the Troy/Schaghticoke municipal boundary with associated county-exemplary occurrences of Pitch Pine-Oak-Heath Rocky Summit plus Shale Cliff & Talus Community, as well as 24 known regionally rare plants.

"Hudson River Schaghticoke" a county-important riparian ecosystem complex containing the Hudson River, shoreline communities, and an associated floodplain, stretching from the Washington County line downstream to the Federal Dam in Troy with associated county-exemplary occurrences of Unconfined River plus Riverside Sand/Gravel Bar, as well as many known regionally-rare plants.

These sites were documented and mapped as part of my contributions to the 2017 Rensselaer County Conservation Plan, coordinated by the Rensselaer Land Trust, focusing on 10 ecological features ranging from relatively small scale (e.g., rare plant concentration areas) to relatively large scale (e.g., regionally-important aquatic networks, forest landscapes, and large-scale conservation sites). Maps have reportedly been accessible on-line since that time for all municipalities and citizens of the county to consult.

I provide an attached packet of summary information about these two sites and their biodiversity components with special focus on the Golub parcel, which explains the basic information available online. More detailed information is available upon request. Each site

56 Appendix 1: Ecological Surveys (Dec 2020)

represents multiple overlapping county-important ecological features, 6 at Pleasantdale Bluffs, 8 at Hudson River Schaghticoke. Because both these ecological sites are somewhat large, much of the prior information was based on field surveys and historical records off the Golub parcel. Both sites were mapped remotely from air photo plus associated datalayers on land cover, hydrology, topography, geology, and soils. A recent survey of the Golub parcel (December 20, 2020), conducted under 2 feet of snow in conjunction with a group of concerned local neighbors, confirmed the presence of multiple features of both regionally important sites including multiple characteristic natural communities and county-rare plants. Because herbaceous and graminoid plants are often not detectable under these conditions, I strongly recommend the parcel be studied by a qualified ecologist during the growing season (May to September) to better evaluate the suspected/potential presence of several additional regionally-rare species including 1) the state-rare moth inland barrens buckmoth, known to feed on scrub oak, which was just found on the parcel, and 2) the state-rare plants pleated-leaved knotweed plus bristly rose, both known just to the north in Schaghticoke.

Hopefully, any decision about potential land use changes of the Golub Parcel should consider the regional importance and rarity of multiple ecological features here (especially the Shale Cliff & Talus Community, riverside habitat, and rare plant species like scrub oak). Whether or not the parcel is further evaluated for rare plants and animals, if any structures are to be built on the parcel, I strongly recommend that they are placed as close as possible to Second Avenue, farthest away from the ecologically-important features of the site, and that any impacts to the high knolls, steep W-facing slopes bordering the Hudson River, and the river shoreline are minimized.

Sincerely in Biodiversity Conservation,

David Hunt. Ph.D. Ecologist. Grafton, NY. Rensselaer County Biodiversity Greenprint Project (Designing an Ark for the Native Species of Rensselaer County)

348 Jay Hakes Road; Cropseyville, NY 12052; (518) 279-4124

57 Site 1. Pleasantdale Bluffs. (See Maps 1-4).

A. County-important Restricted Ecosystem Complex. (Map 1) Complex type: Rocky summit/slope complex, circumneutral, bluff/gorge, Hudson River Valley regional variant, large river escarpment bluff type. Size: 336 acres. County Importance: Importance Tier 1 of 3 (most important). Extent on Golub Parcel: 40% of tract (N half). Contribution of Golub Parcel: 5% of Complex (S edge). Characteristic Community Types: include Pitch Pine-Oak-Heath Rocky Summit, Shale Cliff & Talus Community. (see Exemplary Natural Communities). Associated Rare Species: numerous county-rare plants (see Rare Plant Concentration Area). Description: substrate includes exposed bedrock. contains characteristic open rocky summit/slope community types with associated rare plant species. The known core of this complex, "Pleasantdale Bluffs" in a more strict sense, is represented by knolls/bluffs at the N end of a patch directly along the Hudson River just W of the W end of River Bend Road. More of the site is mapped along gorges to the NE, between Haughney and Brickyard Roads, mostly unexplored to date.

B. Constituent Exemplary Natural Communities. (Map 2)

Shale Cliff & Talus Community (SCTC4) Regional Conservation Importance: County Priority 3 of 4 (near-exemplary). likely "county significant" but not "state significant". Size: 6.3 acres. Location: corrected 2020 from 2017 mapping to bluffs just W of W end of River Bend Road in Schaghticoke plus bluffs along SW edge of Golub tract. Extent on Golub Parcel: 5% of tract (SW edge). presence confirmed during December 2020 field survey. Contribution of Golub Parcel: 40% of community (S patch). Description: steep slope with exposed shale bedrock. open canopy habitat dominated by low shrubs, scattered herbs, graminoids, mosses, and lichens.

58 Appendix 1: Ecological Surveys (Dec 2020)

Site 1. Pleasantdale Bluffs. p. 2.

Pitch Pine-Oak-Heath Rocky Summit. Regional Conservation Importance: County Priority 2 of 4 (co-exemplary). likely "county significant" but not "state significant". Size: 2.7 acres. Location: corrected 2020 from 2017 mapping to knoll just W of W end of River Bend Road in Schaghticoke. Extent on Golub Parcel: not mapped on tract, but both highest knoll and upper crest of cliff resemble this community type based on December 2020 field survey.

C. Rare Plant Concentration Area. (Map 3) County Importance: concentration priority 3 of 7 (highly concentrated). 28th most important rare plant site in county as of 2017; 5th town priority for Schaghticoke as of 2017. Size: 29 acres. originally mapped at 129 acres but in incorrect location. corrected to patch of Pleasantdale Bluffs ecosystem complex bordering Hudson River. Species Composition: with 17 county rare species/1 state rare species (1 state watch list, 7 county active list, 10 county watch list) documented for 2017 county conservation plan; recently expanded to 24 county rare species/3 state rare species (1 state active list, 2 state watch list, 10 county active list, 14 county watch list). Information on individual species shown in Table 1. Several additional rare plant species are expected, associated with historical specimens at the NY State Museum labelled "Lansings Grove", reportedly the local name for this site, that have not yet been attached to this site. Extent on Golub Parcel: 40% of tract (N half); as ecosystem complex. presence confirmed during December 2020 field survey. Contribution of Golub Parcel: 15% of concentration area (S edge). Location: corrected 2020 from 2017 mapping to match corresponding patch of rocky summit/slope ecosystem complex along Hudson River.

59 Site 1. Pleasantdale Bluffs. p. 3.

D. Rare Animals. No rare animals have yet been identified from Pleasantdale Bluffs, most of the field surveys being focused on natural community types and vascular plant species. The observed presence of several individuals of scrub oak on the rocky summit and cliff community types suggests the potential for the state-rare moth "inland barrens buckmoth", which is known to feed primarily on that shrub. Similarly, no surveys for Karner blue butterfly, a globally rare moth characteristic of pitch pine barrens, are known to date from the site.

E. County-Important Roadless Blocks see Hudson River Northern Rensselaer County Block below, under Site 2 (Hudson River Schaghticoke).

F. County-Priority Conservation Site North Troy Hills & Bluffs. (Map 4) Site type: Level-2 site (mostly moderate-scale local ecosystems). Description: large aggregate of rocky summit/slope complexes. County-Importance: Tier 2 of 4 site (moderate county priority). Size: 1168 acres. Ecosystem Complex Composition: includes complexes associated with Bald Mountain Brunswick, Oakwood Cemetery Troy, Pleasantdale Bluffs, and River Road Schaghticoke. Extent on Golub Parcel: 40% of parcel. Contribution of Golub Parcel: 2% of conservation site.

60 Appendix 1: Ecological Surveys (Dec 2020)

Site 2. Hudson River Schaghticoke (See Maps 5-8).

A. County-important Restricted Ecosystem Complex. (Map 1) Complex type: Riparian complex. non-tidal, confined river, large river type (main channel) in calcareous flats. Size: 1191 acres. County Importance: Importance Tier 1 of 3 (most important). Extent on Golub Parcel: <1% of tract (borders entire W edge of tract, tract influences local quality of site). Contribution of Golub Parcel: <<1% of the complex (inland edge) Characteristic Community Types: include Unconfined River and Riverside Sand/Gravel Bar (see Exemplary Natural Communities). Associated Rare Species: several county-rare plants (see Rare Plants). Description: includes river, shoreline communities and associated floodplain. Location: Stretches along the entire non-tidal portion of the Hudson River from the Washington County line downstream to the Federal Dam in Troy. Only the Rensselaer County part of this complex has been mapped to date. The complete site extends N into Washington County and W into Saratoga County.

B. Constituent Exemplary Natural Communities. (Map 5)

Unconfined River Regional Conservation Importance: County Priority 2 of 4 (co-exemplary). likely "state significant". Size: 949 acres. Location: representing entire non-tidal portion of Hudson River from Washington County line downstream to Federal Dam in Troy; only the Rensselaer County part of this community has been mapped; it extends N into Washington County and W into Saratoga County. Extent on Golub Parcel: <<1% of tract (borders entire W edge of tract; tract influences local quality of large community example). Contribution of Golub Parcel: <<1% of community border. Description: wide, slow flowing, moderately deep river dominated by run and pool microhabitats, relatively confined within shale

61 Site 2. Hudson River Schaghticoke. p. 2.

stream terraces in a moderately wide valley.

Riverside Sand/Gravel Bar A 37-acre county co-exemplary site for this community type has been mapped along the Hudson River 1.8 miles to the north of the Golub parcel in Schaghticoke. One patch of this community is believed to be present on the Golub tract (but was under snow during the December 20, 2020 field survey). If intervening patches are present upstream within 1.0 miles, the Golub patch would be lumped into this exemplary occurrence. The community was mapped using air photos; field surveys allow a much more precise mapping of this community, which typically occurs as narrow, linear bands that are difficult to detect on air photos.

C. Rare Plants. Although no rare plant concentration area has been mapped yet to this aquatic-based site, pending sufficient surveys of its shoreline and nearshore areas, at least one county-rare plant was observed on the Golub tract within this site: cocklebur. Several individuals of this county watch list plant were observed on a shoreline community of the Hudson River, probably Riverside Sand/Gravel Bar (but buried under deep snow during the December 2020 field survey). Other county-rare shoreline plants are suspected from this site and would be most detectable during the growing season.

D. Important Animal Habitats County Importance: Conservation priority 4 of 7 ("concentrated"). Size: 949 acres. (corresponding to Unconfined River) Animal Concentration Area Composition: 1 known probable animal concentration area (odonates). Other potential concentration areas are likely (large river fish, shorebirds, riparian birds), but information is not yet available for analysis. Additional areas would raise the importance level of this site, if confirmed. Rare Species Composition: 3 known state & county-rare animal taxa (odonates), all documented with NY Natural Heritage Program. Location: Boundary follows that for exemplary Unconfined River community. Extent on Golub Parcel: <<1% of tract (borders entire W edge of tract; tract influences

62 Appendix 1: Ecological Surveys (Dec 2020)

Site 2. Hudson River Schaghticoke. p. 3.

local quality of large site). Contribution of Golub Parcel: <<1% of habitat.

E. County-Important Aquatic Network Hudson River Main Channel (Network AN62) (Map 6) Network type: main channel, non-tidal network. Size: 4002 acres/14.5 stream miles. County Importance: Priority Tier 1 of 4 (most important). Extent on Golub Parcel: NW 70% of tract (as coarsely modelled with assistance from RLT). Contribution of Golub Parcel: <<1% of network. Network Composition (on Golub parcel): forested "riparian strips" coarsely mapped based on regional land cover database; a more precise local mapping using air photos and field evaluation would probably extend the forested buffer boundary eastward to cover 80% to 90% of the tract.

F. County-Important Roadless Blocks (Map 7) Although the Golub parcel is not situated within a Level-4 (strictest level) regionally important forest matrix block, it is mapped within a large "aquatic matrix block", the Hudson River Northern Rensselaer County block.

Hudson River Northern Rensselaer County Block. Location: This block includes the Hudson River from the Washington County line south to the Federal Dam in Troy, plus lands eastward to the first public road, constituting a narrow buffer inward of the river. While the concept should ideally include similar land N of the county line in Washington County and W of the river in Saratoga and Albany Counties, only the Rensselaer County "subsite" was precisely mapped. Size: 11089 acres. County-Importance: Priority Tier 1 of 4. Extent on Golub Parcel: 100% of tract. Contribution of Golub Parcel: <<1% of block.

G. County-Important Forest Corridors. Although the parcel is not within a mapped regionally important forest corridor, being situated in the general urban setting of Troy, it is contained within an important "aquatic corridor" (see information on county-important aquatic networks and

63 Site 2. Hudson River Schaghticoke. p. 4.

roadless blocks).

H. County-Priority Conservation Site Hudson River Corridor. (Map 8) Site type: Level-1 site (large regional landscapes). Description: large important aquatic corridor. County-Importance: Tier 1 site (highest county priority). Size: 13662 acres. Site Composition: includes river plus adjacent areas, especially with natural cover, deemed important to maintain the high water quality and native biota of the river. includes a strip throughout the W edge of Troy. Extent on Golub Parcel: 100% of parcel. Contribution of Golub Parcel: <<1% of conservation site.

64 Appendix 1: Ecological Surveys (Dec 2020)

Feature Concepts and Definitions.

County-Important Restricted Ecosystem Complexes the largest, most intact, and most ecologically-important examples of ecosystem complex types with restricted distribution and total size in Rensselaer County, thought to be the best set of sites necessary to conserve the complete diversity of natural community types and native biota of those complexes in the county. Restricted types include rocky summit/slopes, wetlands, lakes, and riparian areas. Habitats typically delineated based on air photo interpretation of natural community types, hydrology, topography, geology, and soils.

County-Important Natural Communities the largest, most intact, and most ecologically important ("exemplary") examples of every natural community type in Rensselaer County, representing the "benchmark" for its biodiversity composition, condition/quality, and landscape setting relative to all other examples of the community type within the county. Types follows standard state classification of ecological community types (New York Natural Heritage Program).

Rare Plant Concentration Areas the largest concentrations of "rare" plant taxa in Rensselaer County, those that are rare at least at a county level, with sites prioritized by rarity level and abundance of rare species, giving highest priority to global and state rare plants. includes all groups of vascular plants and limited groups of non-vascular plants. Rare plants at 3 levels (global, state, and county) are divided into "active list" species (actively tracked as "very rare" and the highest priority for conservation) plus "watch list" species (others that are "moderately rare" and monitored over time to assess their trends in status, either decreasing, stable, or increasing). Species concepts follow the 2017 New York state flora. Global and state rarity assessments are derived and maintained by the New York Natural Heritage Program. County rarity assessments are derived and maintained by the Rensselaer County Biodiversity Greenprint Project, following standard methods of the natural heritage network.

County-Important Animal Habitats the most ecologically important habitats in Rensselaer County for sets of animals and/or animal behavior types with restricted distribution in the county. Includes rare animal populations, dense animal concentration areas, and important animal behavioral features such as dens and breeding areas.

County-Important Aquatic Networks the largest, most intact, and most ecologically important aquatic landscapes in Rensselaer County, thought to be the best set of sites necessary to conserve the complete diversity of natural aquatic community types (especially river types) and native aquatic biota of the county. Sites include the central waterway of the network ("stream system") plus two key surrounding land features that

65 contribute most to the high water quality and native biota composition of the stream system: 1) riparian corridors [buffer strips] directly along the stream system, typically its mainstem, and 2) wider intact subcatchment areas, typically in headwater positions. Feature Concepts and Definitions. p. 2

County-Important Roadless Blocks the largest, most intact, and most ecologically-important "blocks" in Rensselaer County, thought to be the best set of sites that 1) contain a matrix of natural communities characteristic of the local physiographic area and 2) are necessary to conserve the complete diversity of native biota of the county (especially large forest mammals and species vulnerable to disturbances associated with disturbance corridors such as roads). Roadless blocks, like "city blocks", are bounded by public roads and have no internal public road "bisections". "Aquatic blocks" are bisected by dams rather than roads, specifically those with high bridges over water that do not impede water flow and movement of aquatic biota.

County-Important Forest Corridors. the widest, most intact, and most ecologically important forest ("wildlife") corridors in Rensselaer County, connecting a related set of county-important forest landscapes to form one connected "forest network".

County-Priority Conservation Sites the most important ("priority") large to moderate-scale biodiversity conservation sites in Rensselaer County, the complete set of which is designed to represent a group with the least amount of sites needed to conserve all native/natural biodiversity and ecological features of the county.

66 Appendix 1: Ecological Surveys (Dec 2020)

Table 1. Rare Species of Pleasantdale Bluffs Ecosystem Complex site.

Species Name Subsite Presence (# individuals) Scientific Common Schaghticoke Golub Parcel

1. State Rare (3)

Juglans cinerea Butternut 1 not yet found Polygonum tenue Pleated-Leaved Knotweed 8 not evaluated Rosa acicularis Bristly Rose 50 not evaluated

2. County Active List (8)

Carex umbellata P arasol Sedge present not evaluated Crocanthemum canadense Frostweed 10 not evaluated Cyperus lupulinus Eastern Flat Sedge 50 not evaluated Galium pilosum Hairy Bedstraw 40 present Quercus prinoides Dwarf Chinquapin Oak present n ot yet found Selaginella rupestris Rock Spikemoss present not evaluated Solidago squarrosa Stout Goldenrod 5 probably found Symphyotrichum patens Late Purple Aster present not evaluated

3. County Watch List (13)

Abietinella abietinum W iry Fern Moss present not evaluated Amelanchier sanguinea Round-Leaved Shadbush present probably found Andropogon gerardi Big Bluestem present not evaluated Arabidopsis lyrata Lyre-Leaf Cress 100 not evaluated Asplenium trichomanes Maidenhair Spleenwort 50 not evaluated Borodinia canadensis Sicklepod present not evaluated Drymocallis arguta Tall Cinquefoil not yet found ~10 Houstonia longifolia Long-Leaved Bluets present not evaluated Lechea intermedia Large-Podded Pinweed 5 not evaluated Lespedeza violacea Wand-Like Bush Clover 5 not evaluated Polygonatum biflorum (commutatum) Large Solomon's-Seal present not evaluated Quercus ilicifolia Scrub Oak present ~5 Woodsia ilvensis Rusty Woodsia 20 not evaluated

67 Ecological Survey Updates Jan 2021

FROM: David Hunt, Ecological Intuition & Medicine Rensselaer County Biodiversity Greenprint Project RE: Pleasantdale Bluffs, City of Troy. (Golub Parcel). Supplemental Biodiversity Information DATE: January 14, 2021 ------

Thanks for requesting more of my help to provide information on the ecological importance of the Golub parcel in North Troy, part of the larger "Pleasantdale Bluffs" important ecosystem complex. As promised, I now provide more detailed biodiversity information, updated from our January 12, 2021 field visit, with improved abilities to make field observations due to melting of the prior snow cover. As mentioned, field observations that contribute any further detailed important information, such as rare species, would likely need to be made during the growing season (May to September), after plants have emerged to a more easily identifiable state. The only further improvements I can think of at this time of year would be to acquire any animal sampling information from state agencies (NYS DEC and the NY State Museum), especially for fish and macroinvertebrates associated with the adjacent reach of the Hudson River.

As part of the expanded information, I focused on 3 smaller-scale ecological features: ecological communities, rare species, and important animal habitat components. Accordingly, I provide 1) a summary of key findings from our last visit, 2) revised excerpts from my prior summary text, 2) detailed information tables, and 3) maps of specific parcel locations for these features. For excerpts, I expanded, updated, or revised relevant portions of the summaries provided for the recent public hearing.

With more time, I could consolidate this into one updated summary document, like before. Next, I provide 4 tables, two for ecological communities, one for rare species, one for important animal habitats. One community table focuses on all community types observed onsite and includes their size and estimated importance at various geographic levels. The second community table focuses on the 3 natural communities observed onsite that have county to state importance, documenting my analyses to back up claims of any "regional importance".

The rare species table, updated from my prior version, now includes animals (expanding the prior table from only plants), species from the Golub parcel that are new to the larger complex noted on our January visit, additional species to the Golub parcel noted on our January visit but already known elsewhere in the larger complex, and an estimate of identity certainty, based, in part, on my recent examination of specimens using multiple technical identification references. The important animal habitat table is new, based on much improved field observations from our January visit. It presents several types of animal habitats that may be present onsite, an estimate of their certainty, and any features observed to date to support those certainties. Lastly, I provide 2 new detailed maps, one for ecological communities, one for rare species. The community map is comprehensive for the entire parcel, based on our 2 field visits, coupled with air photo interpretation plus topographic contours. The rare species map, which includes both plants and animals, attempts to

68 Appendix 1: Ecological Surveys (Jan Update)

delineate areas where I have observed rare species to date, relying heavily on the community map plus also air photo interpretation and topographic contours. No map of specific important animal concentration areas has yet been created, due to the high uncertainty of both the identity and any associated boundary of many types. However, the observed beaver lodge was added to the rare species map (Code=BL*). All of these areas fall within the larger "Hudson River Schaghticoke" important animal habitat site.

Sincerely in Biodiversity Conservation,

David Hunt, Ph.D. Ecologist. Grafton, NY. Rensselaer County Biodiversity Greenprint Project (Designing an Ark for the Native Species of Rensselaer County) 348 Jay Hakes Road; Cropseyville, NY 12052; (518) 279-4124

69 Pleasantdale Bluffs: Significance of Ecological Features Key Ecological Findings from the Golub Parcel, January 12, 2021 Survey January 14, 2021

Key updated findings from observations of small-scale ecological features during the January 12, 2021 field survey are summarized below.

1. Ecological Communities (Map 1, Tables 1-2). More precise and detailed information on the 3 natural communities observed onsite that have county to state importance (Shale Cliff & Talus Community, Riverside Sand/Gravel Bar, and Pitch Pine- Oak-Heath Rocky Summit) include precise maps and analyses to confirm their regional importance. The Riverside Sand/Gravel Bar probably meets the criteria for "state significance", although not yet documented in the databases of NY Natural Heritage Program (of NYS DEC). All 3 community types are "county rare" and the cliff community is also "state rare". The example of latter community onsite comes close to meeting criteria for "state significance". Although the patches of Pitch Pine-Oak-Heath Rocky Summit onsite are very small and narrow, especially compared to those to the north within the Pleasantdale Bluffs complex, sufficient observations have now been made to map this community on the Golub parcel.

2. Rare Species (Map 2, Table 3). Several updates to the rare species table for the larger Pleasantdale Bluffs complex were made, including 5 additional species not previously known from the Golub parcel, most being covered by snow during the December 2020 field survey. A total of 3 species were found that are new to the Golub parcel but known from the main patch of the ecosystem complex in Schaghticoke, the most interesting being rock spikemoss (Selaginella rupestris), the others being lyre-leaf cress (Arabidopsis lyrata) and rusty woodsia (Woodsia ilvensis). Two species were found on the Golub parcel that are new to the entire complex, one plant on the shale cliffs, rock sandwort (Sabulina michauxii), and one animal, identified as state rare, sharp hornsnail (Pleurocera acuta), the elongate snail shell found along the Hudson River shore. The rare species population map for the parcel best reveals the most ecologically-sensitive part of site, from a practical perspective. I still have several specimens of potentially rare mosses to evaluate, relying on a close colleague to expedite any identifications. I expect 1 to 5 county rare species among the collections, possibly 1 state rare species.

3. Important Animal Habitats (Table 4). Animal habitats are more flexibly defined than other features and harder to determine. Key observations often depend on specific times of the year or day (e.g., nocturnal) and specific microhabitats (e.g., the bottom substrate of the Hudson River). Confirmation of "important habitat" is also complicated by the need for a minimal number of different species and number of individuals, which can be seasonally and annually highly variable. As Table 4 shows, to date the most certain important habitat is a "bald eagle feeding territory", backed up not just by the one local report/observation but probably also by mapping of the entire habitat by the NY Natural Heritage Program. Similarly, although no onsite observations of odonates (dragonflies and damselflies) have been made, mapping of the entire nearby Hudson River habitat by the NY Natural Heritage Program of 3 state-rare odonates suggests the presence of an "odonate concentration area" in the river along the Golub parcel. Based on my observations of

70 Appendix 1: Ecological Surveys (Jan Update) abundant spent shells, I suspect a "riverine mollusk concentration area" in the river next to the site, however, confirmation would need to involve shallow underwater observations, best made between May and September. Although the beaver lodge was mapped and it could be a component of an "aquatic mammal concentration area", observations of other species would be needed for this designation. Many pieces of information needed for confirmation of important animal habitat require patience and the presence of someone onsite for extended periods of time or the perfect time for observations.

71 Pleasantdale Bluffs: Significance of Ecological Features Revisions and Additions to December 2020 Summary. January 14, 2021

Revisions and additions to the December 2020 summary submitted to the Troy City Council are made to excerpts from that document and noted below by the symbol "***".

Site 1. Pleasantdale Bluffs.

B. Constituent Exemplary Natural Communities. (see Map 1)

Shale Cliff & Talus Community (SCTC4) Size: 6.3 acres. ***corrected to 1.6 acres. Location: (Dec 2020) corrected 2020 from 2017 mapping to bluffs just W of W end of River Bend Road in Schaghticoke plus bluffs along SW edge of Golub tract. ***Jan 2021: additional small patch added at NW corner of Golub tract in town of Schaghticoke. patch along SW edge of Golub tract slightly expanded based on more precise air photo interpretation coupled with ground truthing. Extent on Golub Parcel: ***5% of tract (SW edge and NW corner). presence confirmed during December 2020 and January 2021 field surveys. Contribution of Golub Parcel: ***60% of community (S and middle patches).

Pitch Pine-Oak-Heath Rocky Summit. Size: 2.7 acres. ***corrected to 1.0 acres. Location: (Dec 2020) corrected 2020 from 2017 mapping to knoll just W of W end of River Bend Road in Schaghticoke. ***Jan 2021: two additional small patches added: one at NW corner of Golub tract in the Town of Schaghticoke, one at the crest of the cliff along SW edge of Golub tract, both with narrow width and transitional in nature; mapped based on more precise air photo interpretation coupled with ground truthing. Extent on Golub Parcel: ***newly mapped on tract, on upper crest of cliff patches based on December 2020 and especially January 2021 field surveys. transitional in nature between cliff and forest communities, but areas with canopy naturally open enough in both patches, the NW corner patch due to exposed shale surface, the SW edge patch due, in part, to beaver cuttings. An additional area on the highest knoll of the tract is deemed to have probably undergone succession to Appalachian Oak-Pine Forest but was likely this community type in the past, now with species like scrub oak as a suspected remnant of this former community type. Contribution of Golub Parcel: ***20% of community (S and middle patches).

72 Appendix 1: Ecological Surveys (Jan Update)

Site 1. Pleasantdale Bluffs. p. 2.

C. Rare Plant Concentration Area. (see Map 2)

Species Composition: (Dec 2020) with 17 county rare species/1 state rare species (1 state watch list, 7 county active list, 10 county watch list) documented for 2017 county conservation plan; expanded in December 2020 to 24 county rare species/3 state rare species (1 state active list, 2 state watch list, 10 county active list, 14 county watch list). ***January 2021 update (see Table 3): 5 of these taxa were found on the Golub tract during a December 2020 survey (1 county active list, 4 county watch list); 4 additional rare plant species were found on the tract during the January 2021 survey (2 county active list, 2 county watch list). One plant species new to the entire ecosystem complex was found on the parcel: rock sandwort (Sabulina michauxii), located on the Shale Cliff & Talus Community. cumulative tally for the complex expanded in January 2021 to 25 county rare species/3 state rare species (1 state active list, 2 state watch list, 10 county active list, 15 county watch list). Information on individual species, updated from the January 2021 survey, are shown in Table 3, along with the newly added certainty of their identifications. (Dec 2020) Several additional rare plant species are expected, associated with historical specimens at the NY State Museum labelled "Lansings Grove", reportedly the local name for this site, that have not yet been attached to this site. Extent on Golub Parcel: (Dec 2020) 40% of tract (N half); as ecosystem complex. presence confirmed during December 2020 field survey. ***presence on parcel strengthened January 2021 with additional species of concentration area also found onsite. Location: (Dec 2020) corrected 2020 from 2017 mapping to match corresponding patch of rocky summit/slope ecosystem complex along Hudson River. ***minor changes in the site boundary to match the known extent of rare species populations are pending.

D. Rare Animals. (Dec 2020) No rare animals have yet been identified from Pleasantdale Bluffs, most of the field surveys being focused on natural community types and vascular plant species. The observed presence of several individuals of scrub oak on the rocky summit and cliff community types suggests the potential for the state-rare moth "inland barrens buckmoth", which is known to feed primarily on that shrub. Similarly, no surveys for Karner blue butterfly, a globally-rare moth characteristic of pitch pine barrens, are known to date from the site. ***January 2021 update: See Site 2 for the relevance of any observations of animals onsite.

73 Site 2. Hudson River Schaghticoke

B. Constituent Exemplary Natural Communities. (see Map 1)

Riverside Sand/Gravel Bar (Dec 2020) A 37-acre county co-exemplary site for this community type has been mapped along the Hudson River 1.8 miles to the north of the Golub parcel in Schaghticoke. One patch of this community is believed to be present on the Golub tract (but was under snow during the December 20, 2020 field survey). If intervening patches are present upstream within 1.0 miles, the Golub patch would be lumped into this exemplary occurrence. The community was mapped using air photos; field surveys allow a much more precise mapping of this community, which typically occurs as narrow, linear bands that are difficult to detect on air photos. ***January 2021 update: Two narrow, linear patches of this community, previously under deep snow cover, were confirmed on the Golub tract during a January 12, 2021 field survey, in a shoreline mosaic with smaller patches of Cobble Shore and Shoreline Outcrop. If small intervening patches are present upstream within 1.0 miles, as expected, the Golub patch would be lumped into this exemplary occurrence, representing the southern extent of that long occurrence. Patches on the Golub tract were newly mapped using air photo interpretation coupled with ground truthing from the field survey. The community occurrence was originally mapped in 2017 using only air photos, pending field surveys which are necessary to allow a much more precise mapping of this community type, which typically occurs as narrow, linear bands that are difficult to detect on air photos (such as any aforementioned intervening patches).

C. Rare Plants. (See Map 2) (Dec 2020) Although no rare plant concentration area has been mapped yet to this aquatic-based site, pending sufficient surveys of its shoreline and nearshore areas, at least one county-rare plant was observed on the Golub tract within this site: cocklebur. Several individuals of this county watch list plant were observed on a shoreline community of the Hudson River, probably Riverside Sand/Gravel Bar (but buried under deep snow during the December 2020 field survey). Other county-rare shoreline plants are suspected from this site and would be most detectable during the growing season. ***The January 2021 field survey revealed cocklebur in a mosaic of Riverside Sand/Gravel Bar, Riverside Mudflats, and/or Shallow Emergent Marsh. Other shoreline plants were not detected but potential habitat exists for numerous rare species, all known from riverside communities in the larger site not far to the north in Schaghticoke such as the 3 state-rare plants northern shore quillwort (Isoetes septentrionalis), red- rooted flatsedge (Cyperus erythrorhizos), and Davis's sedge (Carex davisii) plus the 13 county-rare plants sandbar lovegrass (Eragrostis frankii), red-topped panic grass (Coleataenia rigidula), shining flatsedge (Cyperus bipartitus), intermediate spikerush (Eleocharis intermedia), three-square bulrush (Schoenoplectus pungens), golden hedge hyssop (Gratiola aurea), false pimpernel (Lindernia dubia), germander (Teucrium canadense), northern wild senna (Senna hebecarpa), common silverweed (Potentilla anserina), thin-leaved sunflower (Helianthus decapetalus), green-headed coneflower (Rudbeckia laciniata), and sandbar willow (Salix interior). Many of these species may be difficult to

74 Appendix 1: Ecological Surveys (Jan Update) detect in winter condition. Several additional state- to county-rare aquatic plants have strong potential to be present in the adjacent Hudson River waters and would ideally require searches between May and September.

75 Site 2. Hudson River Schaghticoke. p. 2.

D. Important Animal Habitats

Animal Concentration Area Composition: (Dec 2020) 1 known probable animal concentration area (odonates). Other potential concentration areas are likely (large river fish, shorebirds, riparian birds), but information is not yet available for analysis. Additional areas would raise the importance level of this site, if confirmed. ***January 2021 additions: observations and reports of multiple characteristic animals may suggest the potential for additional "animal concentration areas" within this mapped site, but more information is needed on any additional species or concentration abundances. The following need further evaluation.

1. Aquatic mammal concentration area. a beaver lodge, suspected to be currently active, was noted at the base of the Intermittent Stream on the Golub parcel. Coupled with evidence of numerous beaver-cut trees along most of the western edge of the tract and first-hand observations of beaver along the shore of the tract, it is certain there has been an active resident beaver on the tract in recent times. Presence of another aquatic mammal, usually otter and/or muskrat, is usually necessary to designate an "aquatic mammal concentration area". Observations of a muskrat to the north at Pleasantdale Bluffs proper during a September 2020 field survey further suggests the presence of such an area.

2. Riverine mollusk concentration area. numerous spent shells of two mollusk species were found along the shoreline of the river on the Golub parcel: pea (or pill or fingernail) clam (Sphaerium sp.) and sharp hornsnail (Pleurocera acuta), suggesting that these two species are abundant in the bed of the adjacent river and the presence of a nearby mollusk concentration area. Confirmation of such an area would be strengthened by further evidence that the shells are derived from living individuals in adjacent or nearby upstream areas of riverbed plus observations of additional mollusk species, with common elliptio (Elliptio complanata) most expected. Such records of mollusks might be kept in files of the NYS DEC water quality unit or NY State Museum, if any nearby sites have been historically sampled. Inferences might be made, for example, from the reference "Freshwater Snails of New York State", which has statewide dot maps for all freshwater snail species.

3. Shorebird concentration area. the call and tracks of spotted sandpiper were noted during the January 2021 field survey, suggesting potential for a shorebird concentration area. Further evidence would be needed to determine if such an area exists onsite, especially during ideal times of the year, thought to be between April and September. Key evidence would include any abundance of shorebird individuals and the diversity of shorebird species, especially distinguishing shorebirds from waterfowl and riparian bird species, treated as separate concentration area types.

4. Bald eagle habitats. one report of a bald eagle feeding on a fish in the river offshore of the tract has been made. To date, only nesting sites have been designated as county important for bald eagle, and they are also state important. Although feeding territory for bald eagle was not designated an important animal habitat in the county conservation plan, such areas have some county importance, often correlated with other county-important ecological features, especially aquatic-based ones. However, the specific feeding territory in the adjacent Hudson River is apparently mapped as "state-important animal habitat" at NYS DEC and probably follows a "feeding territory" concept, especially for nesting individuals. A nesting site is known about 1.5 miles to the north of the Golub parcel and has

76 Appendix 1: Ecological Surveys (Jan Update)

been field confirmed by multiple experts. Those nesting individuals are suspected to be using a long stretch of the river for feeding territory. I am less sure of any "roosting territory" which could include large trees along the river that could serve as a vantage point to scout fish for food, such as the several large trees, especially red oak, observed along the shore of the Golub tract. No nests have been observed on the Golub parcel to date.

An additional odonate concentration area is apparently inferred from the adjacent Hudson River based on important animal habitat mapped by the NY Natural Heritage Program (of NYS DEC). Onsite assessment of odonate presence and abundance are ideally made from about June to August.

Site 2. Hudson River Schaghticoke. p. 3.

D. Important Animal Habitats (continued)

Rare Species Composition (see Map 2): (Dec 2020) 3 known state & county-rare animal taxa (odonates), all documented with NY Natural Heritage Program. ***January 2021 additions: Bald eagle (Haliaeetus leucocephalus) is a state rare animal. Its feeding territory, although not explicitly mapped as a county-important animal habitat, as noted above, has apparently been mapped as a state-important animal habitat by NYS DEC. The sharp hornsnail (Pleurocera acuta), mentioned under a potential riverine mollusk concentration area above, is also state rare. It is tracked by the NY Natural Heritage Program of NYS DEC as a "state watch list" species (i.e., a "moderately state rare" species), with a rarity rank of "S3", thus it would also be designated as "county rare". Although I used two technical keys for its identity, I am less skilled with animal identifications than with plants, but I am relatively certain of this species and I intend to forward a specimen to a statewide mollusk expert for confirmation/evaluation. The technical reference book I used, the prime taxonomic reference for NY freshwater snails (Jokinen 1992: The Freshwater Snails of New York State), cites historical observations of this snail from the adjacent reach of the Hudson River in North Troy during the 1980s, so it makes sense that it could still be here 40 years later.

G. County-Important Forest Corridors. (Dec 2020) Although the parcel is not within a mapped regionally-important forest corridor, being situated in the general urban setting of Troy, it is contained within an important "aquatic corridor" (see information on county-important aquatic networks and roadless blocks). ***January 2021 additions: Observations of multiple dens and abundant tracks of what was suspected to be a red fox were noted along the soiled clay banks of the river on the Golub parcel during a December 20, 2020 field survey, suggesting the presence of a potentially viable forest corridor associated with the aquatic network (Feature 2-E) and aquatic matrix block (Feature 2-F). ***January 2021 additions: Observations of one pileated woodpecker, a characteristic forest-interior bird, on the Golub parcel during a January 12, 2021 field survey also suggest the presence of a potentially viable forest corridor associated with the aquatic network (Feature 2-E) and aquatic matrix block (Feature 2-F).

77 Map 1. Ecological Communities Schaghticoke SCTC PORS

cult

AOH

RSGB

AOP

AOH

Troy PORS

SCTC

AOP

cult RSGB

78 Appendix 1: Ecological Surveys (Jan Update)

Map 2. Rare Species Populations

Al QiSs Schaghticoke

Pa Qc

BL*

AlQc Qi Troy Ss WiSr Sm

Gb Li SmSsWi Al

79 Table 1. Ecological Communities of the Parcels. Composition & Importance.

Community Name (Parcel Map Code)Community Type Acres Est.Rank Est.Max.Importance

Appalachian Oak-Hickory Forest (AOH) Natural/Upland Forest 2.1/~10 C local (Troy riverfront) Appalachian Oak-Pine Forest (AOP) Natural/Upland Forest 6.0/~50 CD local (Troy riverfront) (includes Successional Southern Hardwoods) Intermittent Stream (IS) Natural/River 0.09/0.09D local (Troy riverfront) Pitch Pine-Oak-Heath Rocky Summit (PORS) Natural/Upland Barrens 0.2/1.0 C county (co-exemplary) Riverside Sand/Gravel Bar (RSGB)Natural/Upland Open Canopy 0.7/38.0 Bcounty (co-exemplary) /state significant (includes Shoreline Outcrop and Cobble Shore) Shale Cliff and Talus Community (SCTC) Natural/Upland Open Canopy 0.9/1.6 C county (near-exemplary) cultural (cult) Cultural 1.9/- NA none (includes younger successional areas) Natural/Upland successional

Notes: Acres = on parcel/entire occurrence; Rank estimated for entire occurrence.

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Table 2. Natural Community Regional Importance Analyses

Complete Occurrence...... Community...... Rank Estimates...... Significance...... Rarity...... Community Name Acres Size Condition Landscape Occurrence County State County State

Pitch Pine-Oak-Heath Rocky Summit 1.0 D BC BC C Y** N Y N~ Riverside Sand/Gravel Bar 38.0 AB BC BC B Y** Y Y N~ Shale Cliff and Talus Community 1.6 D B BC C(BC) Y* N? Y Y

Notes: * = also county near-exemplary; ** = also county co-exemplary.

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80 Appendix 1: Ecological Surveys (Jan Update)

Table 3. Rare Species of Pleasantdale Bluffs Ecosystem Complex site.

Species Name Subsite Presence (# individuals) Scientific (Parcel Map Code) Common Schaghticoke Golub Parcel/ID certainty

1. State Rare (4)

Plants (3) Juglans cinerea Butternut 1 not yet found Polygonum tenue Pleated-Leaved Knotweed 8 not yet found Rosa acicularis Bristly Rose 50 not yet found Animals (1) Pleurocera acuta (Pa) Sharp Hornsnail not yet found ~100 confirmed Jan 2021 (80% certainty)

2. County Active List Plants (8)

Carex umbellata Parasol Sedge present possibly observed Jan 2021 (20% certainty) Crocanthemum canadense Frostweed 10 not yet found Cyperus lupulinus Eastern Flat Sedge 50 not yet found Quercus prinoides Dwarf Chinquapin Oak present probably not present Sabulina michauxii (Sm) Rock Sandwort not yet found ~30 confirmed Jan 2021 (80% certainty) Selaginella rupestris (Sr) Rock Spikemoss present 3 confirmed Jan 2021 (100% certainty) Solidago squarrosa (Ss) Stout Goldenrod 5 ~200 confirmed Jan 2021 (90% certainty) Symphyotrichum patens Late Purple Aster present not yet found

3. County Watch List Plants (14)

Vascular Plants (13) Amelanchier sanguinea Round-Leaved Shadbush present not yet found Andropogon gerardi Big Bluestem present probably not present Arabidopsis lyrata (Al) Lyre-Leaf Cress 100 ~50 confirmed Jan 2021 (100% certainty) Asplenium trichomanes Maidenhair Spleenwort 50 not yet found Borodinia canadensis Sicklepod present not yet found Drymocallis arguta (Da) Tall Cinquefoilnot yet found ~10 confirmed Dec 2020 (90% certainty) Galium boreale (Gb) Northern Bedstraw 40 ~20 confirmed Jan 2021 (95% certainty) Houstonia longifolia Long-Leaved Bluets present not yet found Lechea intermedia (Li) Large-Podded Pinweed 5 ~5 confirmed Dec 2020 (95% certainty) Lespedeza violacea Wand-Like Bush Clover 5 not yet found Polygonatum biflorum var. commutatum Large Solomon's-Seal present not yet found Quercus ilicifolia (Qi) Scrub Oak present ~30 confirmed Jan 2021 (100% certainty) Woodsia ilvensis (Wi) Rusty Woodsia 20 ~50 confirmed Jan 2021 (70% certainty)

81 Non-Vascular Plants (1) Abietinella abietinum Wiry Fern Moss present not yet found

Notes: 1. Any state to county rare mosses, among several ones potentially found onsite, are pending examination and evaluation of specimens from the foremost county bryophyte expert, Tom Phillips, DVM. 2. Any additional expansion of the list of taxa known from the Golub Parcel would likely require observations of the site during the growing season (May to September).

------

Table 4. Important Animal Habitats on and near the Golub Parcels.

Animal Group Habitat Type CertaintyEcosystem Known Component Features

Bald eagle feeding territory 90% riverfeeding on fish/state-mapped important habitat Odonates concentration area 80% river,shore,banksinferred from multiple nearby state- documented populations of 3 state- rare odonate taxa/state-mapped important habitat Riverine mollusks concentration area 70% river abundant spent shells of 2 taxa Large river fish concentration area 30% river suspected from nearby observations of river Aquatic mammals concentration area 20% river,shore,banksbeaver lodge/abundant cut trees/swimming individual; nearby muskrat Shorebirds concentration area 5% rivershore, river tracks and call of spotted sandpiper Large mammals denning concentration <5% riverbanks, forestmultiple holes under large tree roots thought to be potential dens of red fox Bald eagle nesting territory <5% riverbankslarge potential nesting trees but without observed nests Forest birds breeding concentration <1% forest pileated woodpecker fly- through, suggesting potential small forest-interior area

Notes: certainty = certainty of habitat type on and/or adjacent to the parcel (e.g., a "concentration" area)

82 Environmental Protection Fund Local Waterfront Revitalization Program

List of Coastal Waterbodies and Designated Inland Waterways

COASTAL WATERBODIES

Arthur Kill Lake Ontario Atlantic Ocean Lake Erie East River Long Island Sound Harlem River Niagara River Hudson River (south of federal dam at Troy) St. Lawrence River Kill van Kull

DESIGNATED INLAND WATERWAYS

Allegheny River Little River (in the Adirondack Park) Ausable River Little Salmon (North and South Branches) Big Tupper Lake Little Sandy Creek Black Lake Long Lake Black River Mad River Boquet River Mettowee River Buffalo River Mirror Lake Bush Kill Mohawk River Canadarago Lake Moose River (North and Middle Branches) Canandaigua Lake Oatka Creek Canisteo River Oneida Lake Cattaraugus Creek Onondaga Creek Cayuga Lake Onondaga Lake Chaumont River (including Chaumont Bay) Oswegatchie River Chautauqua Lake Otisco Lake Chemung River Otsego Lake Cincinatti Creek Owasco Lake Cohocton River Raquette Lake Conesus Lake Raquette River Cranberry Lake Sacandaga Lake Delaware River Sacandaga River Deer River Salmon River East Kill Sandy Creek Esopus Creek (Upper and Lower Branches) Saranac River Fish Creek (East and West Branches) Saratoga Lake Fulton Chain of Lakes Schoharie Creek Genesee River Schroon Lake Gooseberry Creek Seneca Lake Grasse River Silver Lake (in Wyoming County) Great Sacandaga Lake Skaneateles Lake Honeoye Lake South Sandy Creek Hudson River (north of federal dam at Troy) State Barge Canal System Indian Lake Susquehanna River Indian River Tioga River Keuka Lake Tioughnioga River Lake Champlain Tonawanda Creek Lake George Upper Saranac Lake Lake Placid Wallkill River Lake Ronkonkoma West Kill

NOTE: Coastal waterbodies and designated inland waterways are defined in Executive Law, Article 42, Section 911. Coastal waterbodies also include embayments and tributaries that are within New York State's Coastal area.

Revised July 2012 TROY’s SACRED FOREST Its culture, ecology, history, archaeology, and signifi cance to the community. TROY’s SACRED FOREST Its culture, ecology, history, archaeology, and significance to the community.

SPECIAL THANKS TO THE compiled and published by MEMBERS OF THE ADVISORY COMMITTEE, AND CONTRIBUTORS The Friends of the Mahicantuck www.save1011.org Leo Matteo Bachinger, PhD (Environment, Climate, Community Development) [email protected] Jessica Bennett (Neighbor, Friends of the Mahicantuck) Dr. Brandon Costelloe-Kuehn (Science, Technology and Society, Sustainable Design) and submitted for consideration to Dr. David Hunt (Ecology) Mayor of the City of Troy, Patrick Madden James Kruegler (Water Resources) President of the City Council of Troy, Carmella Mantello Sarah Pezdek (Friends of the Mahicantuck) Planning Commissioner of the City of Troy, Steven Strichman Hined Rafeh, MS (Public Health & Policy) The Members of the Troy City Council Prof. Don Rittner (Archaeology) The Members of the Planning Commission Bethany Yarrow (Waterfall Unity Alliance)

January 22, 2021 Troy, NY COVER LETTER

Dear Mayor Patrick Madden, With this report, the Friends of the Mahicantuck provide “Lost opportunity costs” must be expected particularly Over 2300 signatures to our petition, more than eight hours City Council President Carmella Mantello, comprehensive analysis of the signifi cance of the “Sacred regarding the development of the city’s vacant housing stock. of testimony against the rezoning at three public hearings, as Members of the City Council, Forest” located at 1011 2nd Avenue. We provide an assessment Allowing for high density development on this undeveloped well as countless written submissions show that your Planning Commissioner Steven Strichman, of adverse impacts associated with the potential change in site would signifi cantly impact Troy’s capacities to develop its constituents are united across party-lines in opposition to and Members of the Planning Commission, zoning code as well as potential development of the site. vacant housing stock due to insuﬃ cient demand. This is con- the proposed rezoning and subsequent development of the fi rmed through the most recent forecast issued by US HUD Sacred Forest at 1011 2nd Avenue in Lansingburgh. The fi ndings underscore the unique importance of the for the region. “Sacred Forest” and highlight its economic, cultural, What is more, the public also shows clear and unbroken ecological, archaeological and historical, and social value. In its Therefore, a rezoning would undermine the strategic support for our vision to protect and preserve this land. We signifi cance, this site is unique to the entire region. development goals established in the 2018 “Realize Troy” continuously advocate for a win-win solution that would Comprehensive Plan, particularly regarding the development create a long-term preservation for the public good at 1011 This report shows the site’s benefi ts to human health; its of existing housing stock, smart growth, and priority invest- 2nd Avenue, while supporting the City of Troy and the natural setting; social, cultural, historic, archaeological and ment areas. developer in identifying an appropriate site to realize Kevin recreational values; and inherent ecological sensitivity. The Vandenburgh’s vision on one of Troy’s many vacant sites. site at 1011 2nd Avenue thereby warrants designation as While this site certainly deserves preservation, this report Critical Environmental Area (CEA), exceeding the designation raises signifi cant concerns over process fl aws and In this letter and attached supporting material, testimony criteria established in CRR-NY 617.14(g) — which we request inconsistencies with the law, requiring urgent correction, and evidence, we bring the most critical aspects of our case to the City of Troy to pursue as soon as possible. should a change in zoning code be approved. Signifi cant your consideration. discrepancies with SEQRA as well as inconsistencies with the The report provides an ecosystem service analysis, detailing 2018 “Realize Troy” Comprehensive Plan strike us as particular- The land at 1011 2nd Avenue is sacred. The land is indigenous the signifi cant benefi ts to health and wellbeing for the resi- ly important. land. It is the city’s last untouched waterfront forest. It is a dents of Troy, Pleasantdale as well as downstream communi- valuable natural space with rare ecologies. Especially during ties. The site is an important indigenous heritage and cultural Based on the fi ndings of this report, we recommend: this pandemic, the land is a critical green-space for the site of national signifi cance (National Register eligible) and is • Making the preservation and protection of the community in a DEC designated Potential Environmental an important green-space within the designated “Potential “Sacred Forest” at 1011 2nd Avenue the city’s highest Justice Area. priority; Environmental Justice area” that it is located in.

• Elected oﬃ cials take the necessary steps to This forest has always protected us, provided us with reprieve, Ecological surveys, conducted in December 2020 and January ensure that proper procedural steps are followed and clean air and water. It is now on us to protect the Sacred 2021 and included in this report, document several county- inconsistencies with the law are remedied; Forest. rare as well as one state-rare species at the site. The survey • The Planning Commission recommend against also documents the site as potentially sensitive habitat for the rezoning for a) the signifi cance of the site; b) several species, including as feeding habitat of the Bald Eagle. anticipated adverse environmental impacts of a change Thank you, in zoning code, as well as of a potential development; The Friends of the Mahicnatuck and as c) a positive recommendation would be An economic cost-benefi t analysis shows disproportionate premature until SEQRA review is completed; and direct as well as indirect costs resulting from the rezoning and January 22, 2022 Troy, NY associated development of the site. This includes a negative • Designating the site as Critical Environmental Area revenue assessment for the school district as well as for the (CEA) to ensure the adequate consideration of its environmental signifi cance for any future actions on City of Troy. this land.

4 5 TABLE OF CONTENTS

EXECUTIVE SUMMARY 8 Chapter Four ECOSYSTEM SERVICES 30 INTRODUCTION 14 AND CLIMATE CHANGE

Chapter One Chapter Five PROCESS AND NEIGHBORHOOD AND LEGAL CONSIDERATIONS 16 CULTURAL SIGNIFICANCE 40

Chapter Two Chapter Six ARCHAEOLOGICAL 22 ECONOMIC COSTS SIGNIFICANCE AND BENEFITS 44

Chapter Three ECOLOGICAL CONCLUSIONS 52 SIGNIFICANCE 26 REFERENCES 54

APPENDIX 56

ACRONYMS AND ABBREVIATIONS Approx. Approximately NYS DoS New York State Department of State B.C. / B.C.E. Before Common /Before Common Era NYSERDA New York State Energy Research and C.E. Common Era Development Authority CEA Critical Environmental Area P Planned Development District DEC CP DEC Commissioner Policy PEJA Potential Environmental Justice Area (DEC) PEJA Potential Environmental Justice Area R-1 Residential, Single Family Housing EAF Environmental Assessment Form Res. Resolution e.g. exempli gratia, “for example” SEQRA State Environmental Quality Review Act etc. et cetera SHPO State Historic Preservation Oﬃ ce NHPA National Historic Preservation Act US EPA United States Environmental Protection NY New York Agency NYSDEC/DEC Department for Environmental US HUD United States Department of Housing and Conservation Urban Development

7 EXECUTIVE SUMMARY mentioned extensively in historic periodical archives and it The Sacred Forest is located at 1011 2nd Avenue in Troy, NY, respond to the comments regarding development plans CONCLUSIONS AND remains to this day a place used by Lansingburgh and with one acre of the parcel located in the Town of without additional clarifi cation. In Kirk-Astor Drive B RECOMMENDATIONS Pleasantdale residents to enhance their quality of life. Schaghticoke. The entire site is located within a DEC Neighborhood Ass’n v Town Board of Town of Pittsford, 106 designated “Potential Environmental Justice Area” (PEJA). A.D 2d 868, 869, 483 N.Y.S.2d 526, 528 (4th Dep’t 1984), “SEQRA 1) The Planning Commission must recommend against the C.3 Cultural Signifi cance review of a rezoning proposal also had to consider the offi ce change in zoning code. At the very least it should recommend As such, this site is of high cultural signifi cance to a number This parcel constitutes the majority (about 85-90%) of the park that was planned for the land. Similarly, in Taxpayers against the rezoning as premature until SEQRA is completed. of indigenous peoples including the Stockbridge Munsee, last untouched forest along the Mahicantuck (Hudson River) Opposed to Floodmart, Ltd., v City of Hornell Industrial Lenape, and Schaghticoke First Nations. These ties, grown in Troy (with the remaining percent located at the parcel Development Agency, 212 A.D.2d 958, 624, N.Y.S.2d 689 (4th 2) The City Council must vote against the request for over thousands of years, are still well alive and indigenous directly to the south; and with the other wooded areas being Dep’t 1995), “environmental review of a proposed annexation rezoning as premature until the developer has submitted an leaders held ceremony on this site as recently as December brown-fi eld locations in South Troy). It is of high historical, also had to consider a Wal-Mart proposed for the land”. EAF and rezoning has been incorporated as part of SEQRA for 2020. The cultural signifi cance also extends to the present archaeological and cultural signifi cance and is sacred to indig- the development as a “discretionary action” along with the local community, particularly BIPOC youth and local residents enous peoples. It is National Register eligible for its archaeo- Therefore, under SEQRA, the city cannot separate rezoning zoning plan amendment. of the Lansingburgh Neighborhood. The forest is an essential logical artifacts dating back to 1500-3000 B.C.E. The property and development as if the two were independent actions. part of the neighborhood’s character. is also an important green-space for the local community, This would constitute a clear case of “segmentation” and 3) The Planning Commission should further recommend including low-income and minority communities. make the city vulnerable to proceedings under Article 78. the designation of the site as Critical Environmental Area C.4 Ecological Signifi cance Furthermore, NYS law explicitly states that SEQRA should (CEA). This would ensure that the high signifi cance of this This forest is an important ecological site within the City of begin at the earliest possible time. While the planning site is appropriately considered in the current and any further Troy. In a recent preliminary survey in December 2020, led by LEGAL PARAMETERS AND commission’s recommendation is non-binding, it is reviews of any actions on this property, as is the purpose of Dr. David Hunt, several county-rare species have been PROCESS REQUIREMENTS fundamentally informing the decision of the City Council and such designation. This report shows that the site at 1011 2nd A identifi ed, one of which — the scrub oak — is an important therefore part of the approval process. Avenue does far exceed the requirement and signifi cance habitat indicator for globally rare species such as the buck A.1 Comprehensive Plan Inconsistencies criteria for such a designation, as detailed in 6 CRR-NY 617.14 The rezoning from R1-Single Family, Detached to P — Planned moth. A state-rare species was likely identifi ed as well. A.4 SEQRA and Rezoning (g) and warrants such a designation. Development is inconsistent with the 2018 “Realize Troy” Detailed surveys are provided in the Appendix. Findings Should the commission or council consider a positive Comprehensive Plan. A rezoning has to be consistent with the indicate that more extensive ecological surveys during the recommendation / approval of the request for rezoning, no comprehensive planning document. A rezoning of this parcel growth season (May-September) are required before a further action should be taken until the developer has SITE SIGNIFICANCE AND would require a zoning plan amendment. positive decision regarding rezoning would be possible. Initial submitted an EAF and SEQRA has been initiated. SEQRA has C ASSESSED IMPACTS fi ndings however already show a high ecological signifi cance to consider development as well as rezoning. Rezoning (as well C.1 Archaeological Signifi cance A.2 Rezoning: Negative Impacts and Capacity Limits due to the presence of several rare species on the site. as zoning plan amendment) need to be indicated as “discre- This land is well known for its archaeological signifi cance. Due to the signifi cance of this land, a rezoning to P-Planned tionary actions” on the full EAF as part of the SEQRA review. Artifacts date back to at least 1500-3000 B.C.E. and the site Development and associated permission of high-density C.5 Ecosystem Services This reports details for each of the aspects of signifi cance is National Register eligible. It is part of a larger complex of development would constitute substantive negative impacts Due to its ecological composition, location and character, the clear reasons for why a rezoning itself would hold signifi cant archaeologically signifi cant sites along the Hudson, including and exceed the development capacities of this land. land located at 1011 2nd Avenue provides critical potential for negative environmental impacts. across the river. Most, if not all sites, have been destroyed by ecosystem services to the local community, the City of Troy development in the past further increasing the signifi cance of A.3 SEQRA and Segmentation overall, and downstream and adjacent communities — the A.5 DEC Potential Environmental Justice Area this site in particular. Any consideration of a rezoning as separate from the known loss to which all these communities would be harmed and im- The land is located within a DEC designated “Potential development plans (as if they were separate actions) is a clear pacted parties. Some of the most critical ecosystem services, Environmental Justice Area”. As part of DEC CP 29, applicants C.2 Historical Signifi cance case of “segmentation,” according to SEQRA (and reaffi rmed which would be lost as a consequence of high-density devel- for state permits (including SEQRA) are required to conduct The land encompassing 1011 2nd Avenue was part of the in case law). Currently, the City of Troy is considering rezoning opment on this site, include: stormwater runoff protection, extended public participation and outreach measures, original Stone Arabia Patent, granted in 1670 by the governor and development as separate actions. However, on Novem- urban heat mitigation, clean air, carbon sequestration, fl ood including a written public participation plan, and are of the province of New York, Francis Lovelace. The land was ber 19, 2020, the Planning Commission discussed during a protection, nature and wildlife habitats including species that encouraged to do so prior to application (cp CP 29 section D). then deeded to Abraham Jacob Lansing on July 13, 1769 by the workshop with the developer Kevin Vandenburgh clear site themselves provide important ecosystem services. According to section E of the same DEC policy, a full EAF is Patroon Stephen Van Rensselaer. 1011 2nd Avenue has been plans for a future development associated with the rezoning. required where projects are located within a Potential locally known as “Lansing’s Grove” for 200 years and used as a Additionally, at a Planning Commission public hearing on This aspect is of increased signifi cance, also legally, as the Environmental Justice Area (cp. Cp 29 section E). recreational escape for city inhabitants and community December 27, 2020, the developer made reference to his primarily harmed community is located in a DEC Potential access to the Hudson River for fi shing, swimming, development plans without providing specifi cs and the Environmental Justice Area, causing disproportionate cost for camping and picnics. The community activities at the site are members of the commission were able to understand and a minority, low-income and/or marginalized community. 8 9 C.6 Signifi cance for Climate Resilience high number of vacant, abandoned and neglected sites across constitute in all likelihood constitute a type I SEQRA action A 38 family housing development should be subject to The Sacred Forest acts as a critical buff er to a range of climate Troy that are explicitly designated as investment priority areas (along with various required local, state and federal permits). considerations only if an application for such a proposal is risks and plays an important role in the City of Troy’s climate in the 2018 “Realize Troy” Comprehensive plan. The listed concerns and signifi cant environmental impacts received. This further underscores that a recommendation resilience. Due to its geographic location upstream of the would remain valid and relevant in any future SEQRA should insist on the submission of an application and the entire city this waterfront forest provides critical resilience to In this context, rezoning to encourage high density develop- associated with the potential 38 single family houses initiation of SEQRA, so the commission can make an informed fl ooding and storm-water impacts. It also acts as a buff er to ment at this undeveloped site appears contrary to the devel- development option. The designation as Critical Environ- determination about what it is reviewing and provide an storm-water runoff . Additionally, the forest is an important opment priorities established in the Comprehensive Plan. The mental Area, warranted based on the fi ndings of this report, informed recommendation on a concrete development carbon sink while also providing mitigative eff ects to the existence of an old housing stock in need for development in would constitute additional protections for the site in review proposal that is already known to be associated with the Urban Heat Island and heat waves. It’s destruction would combination with limited housing demand establishes clear processes. request for change in zoning code. therefore signifi cantly adversely impact the city’s overall development needs. Developing the site at 1011 2nd Avenue climate resilience and would signifi cantly increase fl ood risks would undermine addressing these development needs and to downstream locations in particular. is contrary to the development strategy established in the Comprehensive Plan. C.7 Community and Public Health The forest provides critical ecosystem services benefi cial to human physical and mental health. This report outlines the signifi cant contribution to overall community wellbeing by DESIGNATION AS CRITICAL providing clean water and clean air and due to its benefi ts to D ENVIRONMENTAL AREA mental health. These services to public health are particularly One measure at disposal to the City of Troy and recommend- critically important during the current pandemic and ed by this report is the designation of the Sacred Forest at 1011 associated impacts on mental and physical health. In turn, 2nd Avenue as “Critical Environmental Area” — see 6 CRR-NY an increase in density, associated with the proposed zoning 617.14: “A local agency may designate a specifi c geographic change would to a signifi cant degree adversely impact public area within its boundaries as a critical environmental area health in this PEJA. Particularly increased particulate pollution (CEA).” as well as noise pollution associated with increased traffi c would threaten the physical and mental wellbeing of the local This report shows that this site qualifi es for designation as community in a characteristically quiet neighborhood. CEA, exceeding the criteria defi ned in 6 CRR-NY 617.14(g): (i) benefi t to human health (see chapter x); (ii) natural setting C.8 Economic Impacts (see chapters x and x), (iii) social, cultural, historic, This report fi nds signifi cant negative economic impacts archaeological, and recreational values (chapter x), and (iv) through rezoning and/or development of the site at 1011 2nd inherent ecological sensitivity (chapter x). Avenue due to a) costs associated with the loss of ecosystem services, b) costs of public services, resulted in an annual loss CONSIDERATION OF in revenue of at least $890,000.00 / year, and c) lost IN-RIGHT DEVELOPMENT opportunity costs, in particular regarding the limited housing E demand and the resulting negative eff ects on capacities to The developer “alternative site proposal” of approx. 38 apart- redevelop vacant sites should this undeveloped green-space ment units would also be subject to SEQRA approval and be opened to high-density development. would constitute a type I action per 6 NYCRR Part 617.4(6)(i).

C.9 Housing Demand & Smart Growth Goals A recommendation against rezoning is not only the only The most recent Comprehensive Housing Market Analysis action consistent with NYS law and the process requirements by the US Department for Housing and Urban Development established in SEQRA; it also means that a negative (US HUD) for Albany-Schenectady-Troy explicitly states that recommendation by the commission (and subsequent denial housing demand is nearly at or already at capacity (cp. US of the request for rezoning by the City Council) would not HUD 2019, p. 1). This is particularly signifi cant in context of a automatically mean that 38 family houses will be constructed on the site: This will require SEQRA approval, would 10 11 “The Great Spirit is in all things. He is in the air we breathe. The Great Spirit is our Father, but the Earth is our Mother. She nourishes us. That which we put into the ground she returns to us.” —Big Thunder (Bedagi) Wabanaki, Algonquin INTRODUCTION

OVERVIEW This report provides a comprehensive overview of key issues regarding the signifi cance of the “Sacred Forest” located at 1011 2nd Avenue in the Lansingburgh neighborhood of Troy, NY.

This land, sacred to indigenous peoples and valued by the local community as important green-space and natural recreational space, is currently threatened by a development project.

The development sees construction of approx. 240 “high end” apartment units in three four-story buildings. For the purpose of such a development, a change in zoning code (from R-1 to P) is required and has been requested by developer Kevin Vandenburgh. The land is owned by the Golub family with the developer holding an option for purchase.

This report is intended to provide law-makers and decision makers as well as the general public with in-depth information regarding the signifi cance and value of the forest at 1011 2nd Avenue as well as regarding impacts associated with a change in zoning code and subsequent development of the site. METHODS This report was written, drawing on input and analyses provided by experts, the latest state of the art of academic discusses the cultural signifi cance of the land and literature as well as testimonies on the development and site Chapter 5 HOW TO READ THIS REPORT STRUCTURE situates it’s role for the character of the neighborhood. provided by experts to the City of Troy during public hearings. This report is structured so decision-makers and the public This report opens in CHAPTER 1 with a detailed review of past can read fi rst those sections that are most relevant to them. actions regarding development of 1011 2nd Avenue and gives provides an economic analysis of costs and benefi ts For the purpose of this report, several analyses and an assessment of the current status of this process. It also Chapter 6 of a) remaining the site in its undeveloped state, b) ecosystem assessments were commissioned with independent experts, An Executive Summary highlights the most important highlights critical process fl aws and legal concerns. services and c) rezoning and development, including ecosystem assessments, ecological survey, general fi ndings and conclusions as they pertain to current archaeological evaluation (not survey), and legal analysis. considerations of a change in zoning code for 1011 2nd Avenue. Chapter 2 and Chapter 3 provide a review of the most The report ends with the with an overview Additionally, the report was shared with an advisory important fi ndings regarding the land’s archaeological and conclusion section of the highlights for each of the preceding sections. committee for review and feedback. Additionally, each section begins with an overview and ecological signifi cance. This includes the national signifi cance provides a convenient info-box with the most important of the site’s archaeology as well as the documentation of The Appendix provides additional resources, including the The results are compiled here for overview and review and are highlights of each section — allowing the reader to quickly county- and state-rare species. recent ecological surveys from December 2020 and January preliminary results of a larger eff ort to provide decision- assess the most critical information provided in each section. 2021, an analysis of the Comprehensive Plan by Scenic Hudson makers and the public with the best possible information Chapter 4 takes a look at the ecosystem services provided by and Riverkeeper, a NYS Department of State opinion, a as it becomes available. As such, the results presented here The report closes with a conclusions section, providing the the forested land, in particular regarding public health, stormwater runoff analysis and a written statement by are highlights, as data collection, assessments and research reader with a broad-stroke review of the highlights for each fl ooding and stormwater, and climate and environmental economist Dr. Gowdy. continues. individual section. resilience.

14 15 Chapter One: Process and Legal Considerations CHAPTER ONE PROCESS AND LEGAL HIGHLIGHTS • Treating the rezoning as if it were an independent action under SEQRA constitutes “segmentation” CONSIDERATIONS • According to SEQRA, review should start without delay and at the earliest possible time • The site is located in an PEJA, requiring a full EAF for any action on the land. A written outreach plan is This chapter provides a general outline of the process history, also required for actions within PEJAs per DEC CP 29. current status and next steps in the review of the proposed • Rezoning to P (Planned Development) would be inconsistent with Troy’s Comprehensive Plan and development at 1011 2nd Avenue and associated/discretionary therefore would require a Comprehensive Plan amendment. actions (such as rezoning and zoning code amendment). • Residency requirement to speak at public forums were inconsistent with NYS Open Meetings Law • Public disclosure of archeo-sensitive locations could be a violation of NHPA Section 304 It discusses discrepancies with the process as well as remedies and recommendations.

1.1 PROCESS HISTORY entered into the record alongside petitions with signatures of November 19, 2020 — Planning Commission Workshop with and representatives of indigenous groups, raised a range of 24 neighbors of the property, 42 Troy residents and 248 Developer (No Opportunity For Public Comment) environmental, archaeological, cultural, neighborhood signatures on an online petition. A preliminary report With the referral to the Planning Commission, the matter of character and other concerns. May 2020 — Planning Commission was submitted to the record. rezoning was taken up by the Planning Commission on The public was fi rst introduced to a potential development November 19, 2020 in a workshop with the developer. The At this meeting, several members of the public were cut off of the “Sacred Forest’’ site at 1011 2nd Avenue in May at an workshop was excluded from public comments. from completing their statements, including an indigenous information sharing workshop during a City of Troy Planning Members of the Planning Committee voted 1-2 to pass Res. 91. leader. (Some members of the planning commission stepped Commission hearing. Conceived as an informal information The agenda included a “Project Narrative” for the in to allow some members of the public to complete their workshop session, the developer introduced the commission September 10, 2020 — City Council General Meeting At a general meeting of the Troy City Council, the request for development provided by the developer, which detailed statements). Additionally, the scope of the public forum was and public to plans for developing the site at 1011 2nd Avenue rezoning was taken up again in form of Res. 91. At the public site plans for development of 240 apartment units in three limited by restricting matters of conversations regarding is- by constructing six apartment buildings accommodating form, a large number of members of the public gave four-story buildings. This plan also included the location of sues of segmentation and SEQRA, and by explaining that the approximately 240 “high end apartment units’’. The public testimony alongside experts and representatives from archeo-sensitive areas (which is against best practice of public forum would be exclusively about the rezoning and not already at this early meeting provided extensive feedback to organizations such as Scenic Hudson, Schaghticoke First archaeological preservation and conservation). During this about development site plans. the commission and developer, including an indigenous leader Nations, Stockbridge Munsee, Friends of the Mahicantuck, a workshop, the members of the Planning Commission — and articulated strong concern and opposition to legal representative of Rupp, Baase, Pfalzgraf, Cunningham discussed the development plans as part of the rezoning. potentially disrupting this archaeologically and culturally LLC and others. As was the case for the August 27 hearing, in signifi cant site. over three hours of testimony not a single statement was in December 29, 2020 — Planning Commission Public Forum 1.2 CURRENT PROCESS STATUS support of the development and/or proposed rezoning. The Planning Commission held a public hearing to hear public August 27, 2020 — City Council Planning Committee Meeting comment on: We fi nd signifi cant discrepancies between the current process At a hearing of the City Council Planning Committee, a “Planning Commission Recommendation to the Additionally, a written opinion by New York State Department and the State Environmental Quality Review Act, and fi nd in request for rezoning associated with the development was City Council for Zone Change: Kevin Vandenburgh is proposing of State was submitted to the City of Troy assessing the a zone change from R-1 (Single-Family Residential Detached, part signifi cant process irregularities. introduced for a vote as Resolution Res. 91 “Resolution residency requirement to speak during the forum as §285-52) to P (Planned Development, §285-57). Referring Lansingburgh Zoning Change Request To Planning inconsistent with New York State Open Meetings Law. This Pursuant to §285-27 of the City Code a public hearing is re- The City of Troy is currently reviewing a request for change Commission For Review and Recommendation (Council requirement was however maintained by the City of Troy quired. The applicant is represented b Jamie Easton, P.E. of M.J. in zoning code for 1011 2nd Avenue. This process is outlined in President Mantello) (At The Request Of The Administration)”. despite protest by advocacy groups and despite being made Engineering”. the City Code, which requires a public hearing (§285-27). This aware that this inconsistency results in the exclusion of hearing was held on December 29, 2020 (see above). At the public forum, ten experts from various fi elds provided indigenous leaders to speak at the hearing, including During this hearing the public attempted to raise concerns testimony to the members of the committee, arguing for representatives of the Stockbridge Munsee and Schaghticoke regarding the potential segmentation of rezoning and This is reaﬃ rmed in recurrent statements that the the preservation and protection of the site and urged to vote First Nations. development as separate actions, as well as concerns commission is currently tasked with a review and against Res. 91 given the high cultural, archaeological, regarding the untimely initiation of SEQRA. Additionally the recommendation exclusively regarding the request for ecological and community signifi cance of the site. Additional public as well as representatives of organizations, experts, rezoning itself (and not about any development at the site). to the spoken testimony, several written statements were The City Council passed Resolution 91 with a 3-4 vote.

16 17 Chapter One: Process and Legal Considerations 1.3 INCONSISTENCIES WITH SEQRA

1.3.1. SEGMENTATION The NYS Environmental Quality Review Act (SEQRA) generally with the initial referral to the Planning Commission per City consequences resulting from industrial, municipal, and com- prohibits “segmentation”, which is defi ned as “the division of Council resolution 91 in September 2020. mercial operations or the execution of federal, state, local, The City of Troy explicitly stated that it is currently exclusively the environmental review of an action such that various and tribal programs and policies.” reviewing a request for rezoning as complete action and held activities or stages are addressed under this Part as though This would have ensured that the required full EAF is a public hearing as part of this process pursuant to §285-27 they were independent, unrelated activities, needing submitted, that the planning commission can make its As part of the DEC policy CP 29, applicants for state permits of Troy City Code. Currently the City of Troy is considering individual determinations of signifi cance”. recommendation based on a full review of all material facts (including SEQRA) are required to conduct extended public rezoning and development as separate actions, although the including SEQRA review, and that the requirement to initiate participation and outreach measures, including a written rezoning request is explicitly pursuant a known development This applies also for cases where a rezoning is treated as if it SEQRA review at the earliest time possible is met. public participation plan, and are encouraged to do so prior proposal. were an independent, unrelated activity. That this is the case to application (cp. CP 29 section D). According to section E was also reaffi rmed by the courts. In Kirk-Astor Drive Neigh- of the DEC policy, a full EAF is required where projects are However, this process applies only to such cases, where the borhood Ass’n v Town Board of Town of Pittsford, 106 A.D 2d 1.3.3. CONCLUSIONS located within a Potential Environmental Justice Area (cp. Cp rezoning itself is indeed the complete and independent 868, 869, 483 N.Y.S.2d 526, 528 (4th Dep’t 1984), “SEQRA review 29 section E). action. For the case of rezoning 1011 2nd Avenue, however, the of a rezoning proposal also had to consider the offi ce park Ultimately, the current process (upon request by the City case cannot be made that the rezoning constitutes a that was planned for the land. Similarly, in Taxpayers Opposed Council) is one where the Planning Commission ended up in a This again relates back to inconsistencies with SEQRA, both in complete action. to Floodmart, Ltd., v City of Hornell Industrial Development paradoxical situation: One where it, per offi cial statements of terms of segmentation issues as well as timing of initiation. Agency, 212 A.D.2d 958, 624, N.Y.S.2d 689 (4th Dep’t 1995), commission staff , is reviewing and making recommendations At the time of application, but ideally before that, the devel- Development plans are known, have been extensively “environmental review of a proposed annexation also had to on the rezoning alone as a complete action, while oper is required to submit a full EAF as well as a written public discussed as part of the current review process, and were consider a Wal-Mart proposed for the land”. simultaneously also considering and reviewing development outreach plan. None of these requirements have been fulfi lled repeatedly referred to by members of the Planning plans as part of this review and recommendation process. to this date. Importantly, the current discrepancies between Commission. A rezoning is not the complete action and is Therefore, the current review process is contrary to the intent the city’s review process and process requirements constitut- requested by Kevin Vandenburgh pursuant a known of SEQRA and constitutes a clear case of “segmentation”, Additional confusion about the process emerges, as the ed in SEQRA directly lead to delays in compliance with DEC CP development project. Rezoning has to be a discretionary making the city vulnerable to proceedings under Article 78. recommendation is non-binding and regards the rezoning 29 regarding outreach obligations and the submission a full action of what should be the review of the known request in some capacity — at the same time as the SEQRA EAF. Additionally concerning is in this context a statement by development project. review is still outstanding but will likely be conducted by the the developer’s representative that he would merely provide 1.3.2. TIMING OF SEQRA Planning Commission as lead agency. According to the Planning Commission with a standard EAF instead of the Concrete development plans were subject of extensive statements made during the workshop in November, the City EAF. discussion during the November workshop as well as during While the planning commission’s recommendation is Council would like to designate the Planning Commission as the public forum in December. The development plans are non-binding, it is fundamentally informing the decision of the lead agency for the SEQRA review for the rezoning (as well The Planning Commission should insist on the full EAF (as well explicitly part of and informing the Planning Commission’s City Council and therefore part of the approval process. as the SEQRA for the development at a later point, which is as the initiation of SEQRA) prior to any recommendation, as considerations and decision. It is also known from Additionally, New York’s SEQRA explicitly states that the considered by the City as a separate action). a full EAF will become necessary once a SEQRA application is statements made by the developer to the Planning process of environmental review pursuant to SEQRA should submitted (per DEC CP 29). Commission that the rezoning is pursuant to his development begin at the earliest possible time and without delay. This makes the purpose of the recommendation diffi cult to plans. This includes during a workshop entirely dedicated to bring in consistency with key provisions of SEQRA regarding specifi c development plans on November 19, 2020, as well as The intent for the law is to avoid cases such as the one timing and issues of segmentation. conversations and discussions between developer, members currently unfolding for the rezoning review for 1011 2nd of the Planning Commission, staff of the commission and Avenue: This becomes explicit when one considers the next 1.5 DISCREPANCIES WITH legal council during a hearing on December 29th, 2020. steps in approving the request for rezoning within the process THE COMPREHENSIVE PLAN currently pursued by the City of Troy. After a 1.4 ENVIRONMENTAL JUSTICE AREAS Therefore, the current process of review is inconsistent with recommendation by the planning commission, the matter Yet another potential — and potentially signifi cant — process the intent and outlined process requirements established would return to the Troy City Council for further The matter becomes further complicated, as the site in fl aw relates to inconsistencies of the requested rezoning with in SEQRA (State Environmental Quality Review Act). In fact, consideration. Before approval through the City Council, a question (1011 2nd Avenue) is located within a DEC designated the Comprehensive Plan (see Appendix 2). any consideration of a rezoning as separate from the known SEQRA review will become necessary. Statements made “Potential Environmental Justice Area” (DEC CP 29). development plans (as if they were separate actions), such as during the November workshop already made clear that the Extensive analyses were submitted to the record regarding is the case for the review process as currently conducted by Planning Commission would likely be the lead agency in this The designation “Potential Environmental Justice Area” means the inconsistencies of a change of zoning code to P (Planned the City of Troy, constitutes a clear case of “segmentation”, SEQRA review — returning the matter to the commission for “a minority or low-income community that may bear a Development) with the 2018 “Realize Troy” Comprehensive according to SEQRA. review once again. Ideally, SEQRA would have been initiated disproportionate share of the negative environmental Plan. These inconsistencies were only partly addressed in the 18 19 Chapter One: Process and Legal Considerations

current review process. The analyses clearly show a range of legal implications described above, a recommendation must by NYS SHPO, to not disclose the location of archeo-sensitive the public to raise its concerns freely inconsistencies with the Comprehensive Plan. This constitutes be made against a rezoning unless concerns of spot zoning areas. The City of Troy disclosed the locations of these sites • Urging the public to not repeat itself, where the repetition potential for process fl aws, should the rezoning be approved are eliminated and the comprehensive plan is amended. publicly by providing a map as part of the public agendas for of the same statement can itself be an important act and by the City Council — and must therefore be refl ected in any November 19, 2020, as well as for December 29, 2020. signify public consensus on a matter recommendation by the Planning Commission. The developer disclosed the same locations during his • Instances where the ability of the public to prepare for presentations at the workshop on November 19, 2020. public hearings was limited or prevented, including (in New York’s zoning enabling statutes (General City Law part signifi cant) delays in responses to FOIL requests; the §20(25), Town Law §263, Village Law §7-704) require “that 1.8. ADDITIONAL IRREGULARITIES This jeopardized National Register eligible archeo-sensitive response to FOIL request after the date of scheduled zoning laws be adopted in accordance with a comprehensive sites. It could also be a violation of law: Section 304 of the public hearings; and limited or no response by public Finally, we would like to draw attention to a number of plan” (NYS DOS 2015, p.1). Additionally, the zoning enabling National Historic Preservation Act (NHPA) protects certain oﬃ cials or members of the staff to sincere and important additional, at times signifi cant, irregularities & process fl aws. acts continue to require that zoning be undertaken “in accord sensitive information about historic properties from questions submitted in writing by representatives of with a well considered plan” or “in accordance with a disclosure to the public when such disclosure could result in, advocacy groups. comprehensive plan”. for example, a signifi cant damage to the historic property. 1.8.1. RESIDENCY REQUIREMENT TO SPEAK DURING PUBLIC FORUM AND ITS DISCRIMINATORY EFFECTS Additionally, a rezoning of a parcel of land “to a use category diff erent from the surrounding area, usually to Residency requirements to speak at public meetings imposed 1.8.3. LIMITING THE PUBLIC’S ABILITY TO 1.7. CONCLUSIONS benefi t a single owner or a single development interest”, unfair restrictions. This was the case for public hearings held PARTICIPATE IN DEMOCRATIC PROCESSES constitutes illegal spot zoning (cp. NYS DOS 2015, p. 5). This chapter outlined several signifi cant issues with the cur- by the City Council Planning Committee (August 27, 2020) and Explicitly, “size of the parcel is relevant, but not determinative. Several instances occurred that are of concern in principles rent process that, some of which potentially amount to by the City Council (September 10, 2020). While the residency Illegal spot zoning occurs whenever ‘the change is other than of democratic participation and open governance. NYS Open signifi cant inconsistencies with the law, including SEQRA, NYS requirement was not enforced at the August 27 hearing, it part of a well-considered and comprehensive plan calculated Meetings Law provides relatively large autonomy to Open Meetings Law, New York’s zoning enabling statutes, was enforced for the general meeting on September 10. to serve the general welfare of the community” (Ibid.). communities regarding the conduct of public forums, their and NHPA. Some of these issues include segmentation, spot announcement, the publication of agendas, and their zoning, inconsistencies with the 2018 “Realize Troy” A NYS DOS Opinion (Appendix 3) was provided to the City structure and content. Comprehensive Plan, delays in complying with DEC CP 29, These provisions have at least three direct implications for Council and Council President Mantello ahead of the and the disclosing of archeo-sensitive locations for a National the request for rezoning. September 10, 2020, meeting. President Mantello responded Yet, the purpose of law is not to provide best practice, but Register eligible site. by exempting one representative of the Friends of the Ma- First, it can be argued that the rezoning benefi ts solely “a rather to ensure that minimum legal standards are met. This hicantuck from the residency requirement. According to the single development interest” as well “a single owner”, is also the case for the conduct of public forums and the Others are less explicitly in confl ict with the law and instead opinion, applying diff erent rules for participation to diff erent constituting . While size is relevant, it is not shaping of public participation in decision-making represent a failure in fostering participation in democratic spot zoning segments of the public (including based on residency) is determinative. Given that the rezoning is for the benefi t of a processes. Government should not strive to meet minimum processes. inconsistent with NYS Open Meetings law. single development interest of housing stock, the size of the legal requirements when it comes to democratic processes,- land is less relevant. such as the participation of the public in governance. The residency requirement had in its consequence Rather, We therefore recommend: . 1) the Planning Commission should recommend discriminatory eff ects. Indigenous leaders with ties to the it should strive to adhere to the best practices possible This is especially the case, as signifi cant concerns regarding against the rezoning; at least as premature. land have signifi cant stake and are directly aff ected by any de- negative economic, ecological, archaeological as well as Several fl aws undermined the public’s participation 2) The City Council should take the necessary steps cisions about the land at 1011 2nd Avenue. This is particularly development impacts have been raised and referred to — throughout a processes that started in May 2020, including: to remedy inconsistencies with NYS Open striking in the context of a the history of forced removal from including concerns over housing demand as a limited resource Meetings law. this land and the entire region. Indigenous leaders could not and eff ects on the development of abandoned and neglected • refusing to allow the public to fi nish their statements 3) The City Council and Mayor should take the meet the residency requirement and were unfairly excluded sites that are located within the Comprehensive Plan’s within reason (Hearing on December 29); necessary steps to ensure that participation in from speaking, due to this rule. The City Council President was investment priorities areas. • refusing the public to read statements into the record that democratic processes do not only meet the made aware of this eff ect. were previously submitted as written (Hearing on requirements of the law, but follow the best Second, inconsistencies with the comprehensive plan would December 29) standards available, as to encourage, welcome and 1.8.2. PUBLICATION OF LOCATIONS OF in this context also require a Comprehensive Plan amend- • Excluding non-residence from speaking, including foster public participation in democratic processes ARCHEO-SENSITIVE AREAS ment. indigenous leaders (September 10) such as public forums. • A priori restrictions and exclusions of specifi c topics that 4) The Planning Commission should recommend to The developer as well as the City of Troy violated best Third, any recommendation made by the Planning Commis- were within the scope of the agenda during a public designate the Sacred Forest at 1011 2nd Avenue as practices regarding the disclosure of archeo-sensitive areas sion needs to take these concerns into account. Given the forum, where public forum should be an opportunity for Critical Environmental Area (CEA). at 1011 2nd Avenue. It is the standard practice, also followed

20 21 Chapter Two: Archaeological Signifi cance CHAPTER TWO ARCHAEOLOGICAL HIGHLIGHTS • The site at 1011 2nd Avenue is of high archaeological, historical and cultural significance. SIGNIFICANCE • Studies found artifacts dating back to 1500-3000 B.C.E. • Due to its archaeological-historical-cultural significance the site would qualify for CEA designation. The archaeological, historical and cultural signifi cance of The archaeological signifi cance of the site, combined with • Surrounding archaeological sites indicate a high likelihood for additional significant finds on this site. the land located at 1011 2nd Avenue is well documented. Its the increased risk for disturbance through foot traffi c • Considering the significance of the site, “In-Right” development would face SEQRA challenges signifi cance constitutes eligibility for the National Register. associated with a change to high density zoning, should • Due to the significance of the site, SEQRA should be initiated without further delay constitute enough ground for the Planning Commission to • Due to the significance of the site, the City of Troy should designate the site as CEA, and the Planning High density development zoning would increase foot traffi c recommend against the rezoning. However, if a change in on the site, threatening the destruction of archeo-sensitive zoning code remains under consideration, no recommen- Commission should recommend to do so. sites. Development would lead to an irrevocable loss of one dation should be made until SEQRA review has completed. of Troy’s most signifi cant historical and archaeological Similarly, SEQRA review should be initiated as soon as possi- locations with a history of over 5,000 years of human ble and without any further delay given the signifi cance of On page 81, the authors explicitly state that: considering it is near the confl uence of two major river habitation and use. the site. “Stage II survey recovered adequate data to determine valleys, the Hudson and Mohawk. Lansingburgh has been that the prehistoric site … appears to meet the criteria for long known to have been settled by Algonquian speaking eligibility to the National Register of Historic Places. [...] people (Mohican) and various names for parts of the Burgh ranging back to prehistoric times. The site was used by the disturbance to the site has been minimal. Very little arti- have been recorded by early settlers and historians. 2.1 ARCHAEOLOGICAL Mahican people as a quarry and tool making site. The site was fact collection has taken place and few of the residents also identifi ed as the potential location of semi-permanent SIGNIFICANCE are aware of the presence of the prehistoric material. This territory was recorded as early as 1614 as found on the and potentially permanent settlements. Some of the studies Thus, unlike some quarry locations of the Hudson Valley, Adriaen Block map of New Netherland and Cornelius A consistent academic consensus exists regarding the also mention strong indications for burial sites (US EPA, 2002). the site has not been depleted by collectors” Hendrickson map of 1616, two early Dutch traders of the historical, archaeological and cultural signifi cance of this site, Hudson Valley and who were responsible for the founding of particularly regarding the Mahican peoples, but also The EPA cultural resource survey associated with the 2002 Re- And continue: nearby Albany. prehistoric communities that utilized this site as early as cord of Decision relating the Hudson River remediation (Ibid.) “The site also has the potential for providing unique infor- 1600-3000 B.C. (Brumbach, 1987). also emphasizes the historical-cultural and archaeological mation pertaining to regional prehistory since it is one of Panhoosicklay north of Troy near the Piscawen Kill signifi cance of this site and notes the need for further study the few professionally reported and investigated archaeo- (Middleburgh St). Part of the name is retained in the area Several archaeological studies have been conducted on this of this site for the future — which has not been logical sites in Rensselaer County. Thus, the site is capable (Hoosick). land, with one of the fi rst signifi cant studies dating back to independently conducted to this date. This report also states of yielding information important in prehistory.” the 1980ies (Brumbach, 1987; Lothorp et al, 2018). The existing the high likelihood of yet to be recovered resources. Potquassick was an early name for Lansingburgh and might reports, studies and academic publications all consistently Based on these reports, the site’s unique importance mean “round stones.” One historian applied the name to a conclude that the land in question is of high historical and Finally, two reports associated with the site as well as a becomes explicit and preservation critical. woodland east of the river and “near a small island commonly archaeological signifi cance, and that the found artifacts second in immediate proximity — both referred together as known as whale fi shing island.” Whale Island was in the justify the registration of this land in the National Registry. the Pleasantdale Quarry — explicitly identify the sites as It also makes clear that its development would lastingly Hudson directly across from Herman Melville’s home, now the This has also been confi rmed in personal correspondence historically and archaeologically critical and positively review destroy this site and rob the city and its people of a major Lansingburgh Historical Society at 2 114thStreet. The name of with a lead archaeologist involved in the recent 2020 survey. the archaeological record associated with these sites as aspect of its history. Similarly, a rezoning of the site would a whale is from pootau, “he blows strongly.” The place name The report was not yet made available to the public. eligible for the National Register (Brumbach, 1993). cause increased foot-traffi c on the site, increasing disturbance seems to be from petuhqui “it is round” and quassik, means risks to the archeo-sensitive locations. “Stone.” Whale Island is now buried under the raised level of According to these studies, the sites contain signifi cant One of these reports, referenced and submitted to the record the Hudson River. Whale Island was inspiration for Melville’s amounts of prehistoric and historic archaeological artifacts. for the Troy City Council hearing on September 10, 20202 writing. The scientifi c consensus agrees that this site is of high was authored by Hetty Jo Brumbach, Paula Zitzler, the Public 1 historic, archaeological and cultural signifi cance. Archeology Facility and Rensselaer Polytechnic Institute and 2.2 SURROUNDING SITES Sheepschack was on the site of Lansingburgh according to a discusses the “potential eligibility for nomination to the Na- The proposed development in Lansingburgh/Speigletown at 19thcentury historian. It may be derived from seip, “a river.” Amongst the artifacts are countless signifi cant ones of tional Registry of Historic Places” (Brumbach, 1993, p 1). 1011 2nd Avenue is an area of high archaeological potential Taescameasick is also placed on the site of Lansingburgh and members of the Mahican peoples, but also important fi nds

22 23 Chapter Two: Archaeological Signifi cance suggests a ford. Nachtenac was used to describe Waterford On nearby Van Schaick Island, a burial of a Native woman and and the mouth of the Mohawk River. It means “Excellent her child was uncovered on the golf course and in 1926 Homer At the foot of Glen Avenue in the “Batestown” section of the land.” Quahemiscos is Mohican for Van Schaick Island. Folger of the Burgh, a carpenter at the Matton Shipyard, dis- Burgh, workmen grading the Laureate Athletic grounds in 2.3 CONCLUSIONS Tiosaronda is Mohawk for the junction of the Mohawk and covered a Native burial and artifacts near the shipyard, north 1890 found two well preserved Native skulls about four feet Hudson Rivers and means “mingling of two streams,” or of the yard. from the surface. There was more as published in the Troy The archaeological signifi cance of the site is well documented “place where streams empty themselves.” Daily Times: and acknowledged by the developer. Based on the presented Folger in 1933 found another well preserved Indian burial and evidence, this site qualifi es for the designation as Critical In addition, over the last century and a half, many Native in April 1938 he found two burials that had been exposed by An Indian Burial-Ground—Workmen Make an Interesting Environmental Area (CEA), fulfi lling criteria (iii) of CRR-NY sites have been found in the Burgh. the high water of the river at the north tip of Van Schaick Discovery. 617.14(g). Island. The bodies were buried in a fetal position and a The workmen grading the Laureate athletic grounds, at Just yards from this proposed development site is a well projectile point was embedded in the skull of one of the the foot of Glen avenue, were surprised yesterday at the The archaeological signifi cance is uncontested, underscoring known fl int mine, now on the property of the Hannaford burials. discovery of human bones. Two well-preserved skulls were the importance of commencing the SEQRA processes as soon shopping market. Flint, or Chert, is a sedimentary exhumed, about four feet below the surface, on the bank as possible. cryptocrystalline form of Quartz and is found in rocks such as Indian burials were found during WW II when a new frame of the river. The men were digging up the loam which is limestone and chalks and was used extensively for tool building was constructed at Matton. North of Peebles Island being placed on the baseball diamond. Other bones were Subsequently, the Planning Commission should refrain from making and hunting implements from the fi rst arrivals of other Native burials have been found. In 1981 Native bones uncovered, and this morning another skull was found. The any positive recommendation for change in zoning code indigenous people in the area some 10,000 years ago. were uncovered while a sewer connector was being dug at 43 lower jaw was in place and most of the teeth were found. without having the best information possible at its disposal. A Hudson River Road, about a mile north of Broad Street in The contractor said this morning that the bones of about complete SEQRA review is an elementary part of this The famous Flint Mine Hill in Coxsacki for example is on the Waterford. North of Peebles Island just across the Mohawk a dozen persons had been found. From the location it is information gathering. National Register of Historic Places. West Athens Hill, south River Channel three burials were uncovered in 1995 in believed that a burial-place of the old Mohawk Indians of us, is a well-known Paleoindian work site that dates back Waterford all in fetal position. There were radiocarbon dates was uncovered. Twenty years ago, when the Waters A change in zoning code to P would allow for signifi cant to about 13,000 years ago. These deposits of fl int were well to ca. 995 AD. A third burial was dated 1435 AD. boat-factory was built several feet north, the bones of increase in density, therefore increase foot-traﬃ c on the site. known to indigenous peoples of the area and they often lived several persons were found, and with them arrowheads This constitutes a signifi cant environmental impact on this close by. Many other artifacts were found on the Matton Shipyard over and other Indian relics were discovered. archeo-sensitive site and therefore would require a “pos dec” the years north of the yards including eight Owasco Indian Troy Daily Times. June 3, 1890: 3 col 6. (positive declaration) as part of the SEQRA processes. This Over the last two centuries and particularly in the 19thand Burials with large pit features with fragments of Late is also the case, if SEQRA is only conducted for the rezoning early 20thcentury, amateur archaeologists combed the banks Woodland Iroquois pots. As late as 2012, artifacts attributed to Mohican occupation itself as independent from the development (which would of the Hudson River in the Capital District discovering Native were found in the South Troy industrial park on the east bank. constitute “segmentation” anyways). sites of various ages. In 1897 a Native cemetery was Menomine’s village moved around and some believe it once uncovered near the intersection of River and Second Avenues; was located on the east bank of the Hudson not far from this As you can see prehistoric occupation of the Troy-Lansing- Finally, an “alternative site proposal”, which foresees the a neighboring camp site was also located. There was an early proposed development site near a stream. Also, on a 1639 burgh area is well documented and considering that many construction of approx. 38 singe family houses on the site, is 1) camping spot of three acres with signs of two occupations on map it shows this possible village on the north side of the sites have been found near the proposed development, it is not subject of consideration, would require 2) the submission nearby Green Island. Mohawk below the Cohoes Falls and is labeledVastichuyt- imperative that a well-funded archaeological study must be of a full EAF according to DEC CP 29, and 3) would require its meaning stronghold. In 1640 a Dutch visitor of the falls conducted before any decision is made. I feel quite confi dent own SEQRA review. The famous Menomine’s Castle (village) was located on recorded there “are many Indians here, whom they call that there might be evidence of Native occupation on the Peebles Island and can be seen on the Van Rensselaer Map of Maquas[Mohawks].” The Mohawks had driven the Mohicans proposed development site. The alternative site proposal should therefore not deter- 1631. Chief Menomine was killed in the Mohican war with the from the land earlier. mine the outcome of the commission’s considerations. Mohawks between 1624-1626. Footnotes: However, even if it were considered, mitigation standards of A village site north of the Waterford Bridge along the Hudson 1 Author of this Section 2.2: Dr. Don Rittner, Professor of Archaeology archeo-sensitive sites require the documentation and mitiga- So is Unawats Castle in South Troy. It is an Algonquin word was recorded in 1920. The site was extensive and yielded an tion of impact regardless of project, leading to the and may be derived from oosoowneat, meaning “To swim” as abundance of stone artifacts. This would have been directly conclusion that the permitting 38 single family houses would a place favorable for bathing, or a customary way of crossing. across from the development site and it is highly likely that a face serious challenges within its own SEQRA process. In 1922 Arthur C. Parker reported the discovery of “chipped red settlement was here on the east side of the river and close to slate” projectile points at the southeast end of Peebles island. the fl int mine. Given these issues, and in particular the archaeological signif- A collector named Albert C. Hurd of Troy found several sites in icance and adverse impacts of a high density development Troy, the Burgh, and surrounding area and also found sites at When the Freihofer’s Bakery was being built, several Native on the site, the Planning Commission should recommend the northeast end and on either side of the railroad tracks on skeletons were recovered from it. against the requested change in zoning code. the island.

24 25 Chapter Three: Ecological Signifi cance CHAPTER THREE ECOLOGICAL HIGHLIGHTS • Several county-rare species and likely one state-rare species were documented in recent surveys. SIGNIFICANCE • Additional ecological surveys during the growth season (May - September) are needed. • Due to its ecological significance the site would qualify for CEA designation. The ecology of the forested land at 1011 2nd Avenue, com- Due to these fi ndings, we recommend that no action is • The ecological sensitivity and significance of the site warrants a recommendation against rezoning. monly referred to as “Sacred Forest”, is of high signifi cance. taken on the land until suffi cient ecological study and Two consecutive ecological surveys were conducted on the documentation during the grow season (May-September) site by Dr. David Hunt on December 20, 2020 and January 14, was completed. 2021. The detailed reports are provided in Appendix 1 and are summarized in this chapter. Given the high probability of adverse impacts, and given those to the north within the Pleasantdale Bluff s complex, that in-right development would be subject to its own Ecological Communities (Appendix 1 - Map 1, Tables 1-2). Three natural communities observed onsite that have county suffi cient observations have now been made to map this These preliminary surveys already identifi ed severalcoun- SEQRA review per DEC CP 29, the Planning Commission to state importance (Shale Cliff & Talus Community, Riverside community on the 1011 2nd Avenue parcel. ty-rare and potentially one state-rare species and found should recommend against the rezoning due the ecological Sand/Gravel Bar, and Pitch Pine-Oak-Heath Rocky Summit). signifi cant indicators for the presence of protected species. signifi cance of the site. Rare Species (Appendix 1 - Map 2, Table 3). The Riverside Sand/Gravel Bar probably meets the criteria Several rare species (table 3) for the larger Pleasantdale Bluff s for “state signifi cance”, although not yet documented in the complex were identifi ed. The rare species population map for 3.1 SUMMARY OF databases of NY Natural Heritage Program (of NYS DEC). All 3 the parcel best reveals the most ecologically-sensitive part of KEY FINDINGS community types are “county rare” and the cliff community is the site (map 2), from a practical perspective. Because herbaceous and graminoid plants are often not also “state rare”. The example of the latter community onsite The forested land contains two signifi cant ecological features: detectable under current survey conditions, Dr. Hunt strongly comes close to meeting criteria for “state signifi cance”. Dr. Hunt still has several specimens of potentially rare mosses recommends the parcel be studies by a qualifi ed ecologist to evaluate, relying on a close colleague to expedite any iden- • “Pleasentdale Bluff s”: A county-important rocky summit/ during the growing season (May to September) to better Although the patches of Pitch Pine-Oak-Heath Rocky Sum- tifi cations. He expects 1 to 5 county rare species among the slope ecosystem complex that contains knolls and cliff s evaluate the suspected/potential presence of several addi- mit onsite are very small and narrow, especially compared to collections, possibly 1 state rare species. along the Hudson River spanning the Troy/Schaghticoke tional regionally-rare species including municipal boundary with associated county-exemplary occurrences of Pitch-Pinke-Oak-Heath Rocky Summit plus • The state-rare moth inland barrens buckmoth, known to Shale Cliff & Talus Community, as well as 24 known region feed on scrub oak (identifi ed during both surveys in ally rare plants. December 2020 and January 2021) • The state-rare plants pleated-leaved knotweed plus bristly • “Hudson River Schaghticoke”: A county-important riparian rose, both known just to the north in Schaghticoke. ecosystem complex containing the Hudson River, shoreline communities, and an associated fl ood plain, stretching Any decision about potential land use changes should form the Washington County line downstream to the consider the regional importance and rarity of multiple Federal Dam in Troy with associated county-exemplary ecological features here (especially the Shale Cliff and Talus occurrences of Unconfi ned River plus Riverside Sand/ Community, riverside habitat, and rare plant species like scrub Gravel Bar, as well as many regionally-rare plants. oak).

Recent surveys of the parcel at 1011 2nd Avenue on December If any structures are to be built on the parcel, Dr. Hunt strong- 20, 2020, and January 14, 2021, confi rmed the presence of ly recommends that they are placed as close as possible to multiple features of both regionally important sites Second Avenue, farthest away from the ecologically import- (“Pleasentdale Bluff s” and “Hudson River Schaghticoke”) ant features of the site, and that any impacts to the high including multiple characteristic natural communities and knolls, stepp W-facing slopes bordering the Hudson River, and county-rare plants. the river shoreline are minimized. 26 27 Chapter Three: Ecological Signifi cance Important Animal Habitats (Appendix 1 - Table 4). entire nearby Hudson River habitat by the NY Natural Heri- Animal habitats are more fl exibly defi ned than other features tage Program of 3 state-rare odonates suggests the presence and harder to determine. Key observations often depend on of an “odonate concentration area” in the river along the specifi c times of the year or day (e.g., nocturnal) and parcel. specifi c microhabitats (e.g., the bottom substrate of the Hud- son River). Based on observations of abundant spent shells, Dr. Hunt suspects a “riverine mollusk concentration area” in the river Confi rmation of “important habitat” is also complicated next to the site, however, confi rmation would need to involve by the need for a minimal number of diff erent species and shallow underwater observations, best made between May number of individuals, which can be seasonally and annually and September. highly variable. As Table 4 shows, to date the most certain important habitat is a “bald eagle feeding territory”, backed up Although the beaver lodge was mapped and it could be a not just by the one local report/observation but probably also component of an “aquatic mammal concentration area”, by mapping of the entire habitat by the NY Natural Heritage observations of other species would be needed for this Program. designation. Many pieces of information needed for confi rmation of important animal habitat require patience Similarly, although no onsite observations of odonates and the presence of someone onsite for extended periods of (dragonfl ies and damselfl ies) have been made, mapping of the time or the perfect time for observations.

3.1 CONCLUSIONS Given these fi ndings, the surveying ecologist recommends that no action is taken on the land until suﬃ cient additional The ecological signifi cance of the site is documented in sur- surveys are completed during the grow season (May- veys provided in Appendix 1. These preliminary surveys already September) and include adequate survey of wildlife (including identifi ed a signifi cant presence ofseveral county- nocturnal species). rare and one potentially state-rare species. Given these issues, in particular the presence of sensitive ecol- The fi ndings establish that this site qualifi es for thedesigna- ogies and the potential presence of protected species, adverse tion as a Critical Environmental Area (CEA) by fulfi lling CRR- impacts of a high density development on the site are clear, NY 617.14(g) criteria (iv) and therefore the Planning Commis- and the Planning Commission should recommend against the sion should recommend such designation. requested change in zoning code.

28 29 Chapter Four: Ecosystem Services and Climate Change CHAPTER FOUR ECOSYSTEM SERVICES HIGHLIGHTS • The forested land at 1011 2nd Avenue provides a range of critical ecosystem services. AND CLIMATE CHANGE • These ecosystem services are particularly critical given the “Potential Environmental Justice Area” • Several ecosystem services are critical to public health, establishing the harm to public health associated Besides the intrinsic value of intact ecosystems as a public This section provides a brief overview of essential ecosystem with development and rezoning good, the ecology at 1011 2nd Avenue also provides critical services provided by the “Sacred Forest” at 1011 2nd Avenue • Developing the land would negatively impact the city’s resilience to climate and environmental risks. ecosystem services that enhance the public benefi t and (4.2) and discusses (4.3) the most critical environmental should make its maintenance a high-priority objective for impacts associated with the loss of the natural state of this the City of Troy. site. In section 4.4., critical aspects of this land’s contribution Due to the location of the forest at 1011 2nd Avenue, the services, including the provision of clean air, noise mitigation, to protections against climate change and to community provision of regulating services must be deemed as and the mental and physical health benefi ts associated with resilience are elaborated, before providing conclusions in signifi cantly higher than average urban woodlands. The the access to natural green spaces and woodlands in section 4.5. location along the Hudson River combined with its exclusive particular. For data on detailed aspects of individual status as waterfront forest within the City of Troy increase ecosystem services, see Davies et al. (2017). the value of stormwater regulation and fl ood protection services provided by the forest. Footnotes: 4.1 ECOSYSTEM SERVICES signifi cant ecosystem services to the benefi t of the entire Its location in an Environmental Justice Area further 2 Additional services can be generated by proper cultivation, particu- City, downstream communities, but in particular the increases the signifi cance of provided regulating and cultural larly food provision. The urban landscape exacerbates many environmental residence of the local community of a DEC designated challenges, such as “stormwater runoff and fl ood risk, chem- “Potential Environmental Justice Area” (PEJA). ical and particulate pollution of urban air, soil and water, the urban heat island, and summer heat waves” (Livesley, This means that the loss of this forest would constitute MCPherson, Calfapietra, 2016). It is well documented that signifi cant adverse impacts that would disproportionately urban forests play an important role in mitigating these impact the residents of this PEJA. eff ects and thereby provide important ecosystem services. The forest at 1011 2nd Avenue must be classifi ed as “urban Ecosystem services can be defi ned as the benefi ts that people woodland” due to its size (Forestry Commission, 2011), making derive from nature. The Millennium Ecosystem Assessment this site unique as they “tend to be able to provide (MEA, 2005) and the UK National Ecosystem Assessment (UK provisioning and regulating services to a greater degree than NEA, 2011) categorize these as: sparsely planted areas” (Davies et al, 2017).

• provisioning services (providing benefi ts such as food and Davies et al (2017) provide a comprehensive review of timber); ecosystem services delivered by urban forests in general, • regulating services (providing benefi ts such as carbon detailed in the table below. Woodland type urban forested sequestration and fl ood protection); areas, such as the forest at 1011 2nd Avenue provide a • cultural services (providing benefi ts such as public amenity signifi cant amount of ecosystem services, and include2: and opportunities for recreation), • supporting services (providing benefi ts such as soil REGULATING SERVICES: Carbon sequestration, temperature formation and biodiversity/habitats for wildlife). regulation, stormwater regulation, air purifi cation, and noise mitigation. Due to the forested character, natural state, and geographic CULTURAL SERVICES: Health, nature and landscape location along the Hudson River and at the most northern, connections, social development and connections, upstream part of the City of Troy, this land provides education and learning, cultural signifi cance.

30 31 Chapter Four: Ecosystem Services and Climate Change Trees also help prevent asthma, “either by encouraging ecosystem services in an area that has historically worse “The majority of the Hudson River shoreline south of the 4.2 ECOSYSTEM SERVICES outdoor play or through an eff ect on local air quality” (Lovasi access to green spaces and other green infrastructures that Collar City Bridge has been channelized, which has inter- AND PUBLIC HEALTH et al. 2008). are critical to physical and mental health. This means that rupted or removed natural ecosystems. Due to this activi- the destruction of this forested area will further exacerbate ty, sediment from the Hudson River is no longer deposited The forested land at 1011 2nd Avenue provides critical Importantly, clean water and drinking water quality are critical injustices. on the banks, and limited habitat is available for fi sh and ecosystem services that are benefi cial to public health. perhaps one of the most signifi cant benefi ts of natural open wildlife species” (p. 16) Similarly, a high density development of this undeveloped spaces, especially forested areas, as pollutants that are carried It is well established that signifi cant gaps exist in the land and forest would result in potentially signifi cant adverse by rainwater into surface waters such as streams, rivers and spatial distribution of the urban forests and waterfronts The New York State Department of Environmental public health impacts. lakes are absorbed by forested areas. The Hudson River is across socioeconomic variables; including income, race and Conservation (NYSDEC), estimates that by 2080 the City of an important drinking water source for many communities ethnicity, housing tenure, and/or population density. Troy could face over 3 feet of sea-level rise on the tidal Hudson Forested areas and waterfronts in natural state provide a downstream. Additionally, the Hudson River is an important River due to global climate change. wide range of critical ecosystem services that directly and fi shing source for the communities in Troy. The forested land This is also the case for Troy, NY and this neighborhood in indirectly contribute positively to public health. These at 1011 2nd Avenue provides critical water fi ltration services particular. Located in an Potential Environmental Justice Area, Rainfall events are also expected to become less predictable, contributions are well-known and scientifi cally established that ensure that pollutants do not reach the sensitive ecology the forest is a well known community resource used by local more extreme, and occur in the form of heavy downpours or and will be only summarized in this section. Instead, this of the river. BIPOC youth and community members of all ages as an extended droughts. The elevation of the 100-year fl oodplain section focused on site specifi c aspects; especially in context easily-accessible natural retreat from the pressures of urban and the city’s history of extreme fl ooding suggest that the of the site’s location in a DEC designated Potential 4.2.2. FORESTED AREAS AND MENTAL HEALTH life, particularly during the pandemic. This means that the threat of damage to and loss of property is heightened due to Environmental Justice Area (PEJA). Trees and forested areas have been also linked to important loss of provided ecosystem service benefi ts for public health anticipated climate change. mental health benefi ts that become particularly important would disproportionately impact members of this PEJA Increasingly, planners and local governments recognize the during the current pandemic and associated mental health community. 4.2.1. STORMWATER AND FLOODING important value of natural or “green infrastructure” spaces, impacts, particularly in PEJAs. This includes reduced stress Natural waterfront green-spaces play a signifi cant role in which comprises an “interconnected network of natural areas and mental fatigue, reduced aggression, and enhanced preventing stormwater runoff related fl ooding as well as the and other open spaces that conserves natural ecosystem mental, emotional and cognitive development (cp. e.g. contamination through pollutions carried by stormwater values and functions, sustains clean ear and water and Benedict and McMahon, 2006; Wolch, Byrne and Newell, 4.2 CLIMATE CHANGE r u n o ff . provides a wide array of benefi ts to people and wildlife” 2014; Kuo and Sullivan, 2001). AND RESILIENCE (Benedict and McMahon, 2006). Today, it is well established The forest at 1011 2nd Avenue plays a critical role for the City that urban forests mitigate the impacts of the urban Van den Berg et al. (2010) show that “the relationships of Natural, forested spaces are a critical asset to the city’s of Troy in preventing runoff contamination and as for the landscape while providing multiple benefi ts for stressful life events with number of health complaints and environmental and climate resilience. This area, upstream of city’s fl ood resiliency —particularly in context of growing environmental quality and community wellbeing. The perceived general health were signifi cantly moderated by the the entire city, signifi cantly protects the city from fl ooding fl ood risks associated with climate change. importance of forested areas for physical and mental health, amount of green space in 3-km radius”. This would highlight directly (as a buff er fl ood zone for fl ooding) and indirectly by especially in urban areas, has become further explicit in con- an important role for trees and other natural features as preventing runoff and maintaining the integrity of the river The important positive eff ects of green-spaces on text of the COVID-19 pandemic — particularly in Environmen- stress buff ers. bank. The development of the site in the proposed form stormwater runoff , water fi ltration and fl ood protection have tal Justice Areas. would signifi cantly interfere with the ability of this land to been discussed already in this report. An extended runoff This becomes particularly important during the current absorb runoff and protect the city from river pollution and simulation and analysis is forthcoming and will be provided at 4.2.1. FORESTED AREAS AND PUBLIC HEALTH pandemic, where limited social interactions, increased fl ooding. a later point. According to Boyd (2017), forested areas provide many unemployment and economic concerns, and other stressors important benefi ts for “human physical health [...] including lead to an accelerating mental and physical health crisis. Studies well-establish that developments, such as the provision of clean drinking water, fostering increased physical These impacts are disproportionately felt by communities in proposed, and the associated displacement of natural activity, promoting faster healing in hospitals, reduction of Environmental Justice Areas. waterfront and channelization signifi cantly increase river heat-related mortality, reduced incidence of cardiovascular- fl ood risks downstream. The direct eff ects of sedimentary related mortality, improved air quality and related reductions The forest at 1011 2nd Avenue is therefore not only an fl ow and associated environmental degradation of the in respiratory-related mortality, reduced incidence of important community resource, but an investment in the Hudson River additionally exacerbate the increase of fl ood childhood asthma, and improved birth outcomes” (cp. also community’s physical and mental health; critical ecosystem risks downstream at other areas across the City of Troy and Benedict and McMahon, 2006; Cotrone, 2015; Akabri, Pomer- services which would become costly losses if destroyed. other communities along the Hudson River. antz and Taha, 2001; Beattie, Kollin and Moll, 2000; Nowak, 2002; Lovasi et al., 2008; Wolf, 2008; Mitchell and Popham, 6.2.3. FORESTED AREAS & ENVIRONMENTAL JUSTICE This is also acknowledged in the 2018 “Realize Troy” Compre- 2008; Donovan et al., 2013). The forest at 1011 2nd Avenue is located in a DEC designated hensive Plan, which states: Environmental Justice Area, and therefore provides critical

32 33 Chapter Four: Ecosystem Services and Climate Change 4.3 NEGATIVE IMPACTS This development and the associated change in zoning code already at capacity. In the last few years, Troy was in violation climate risk that is anticipated to signifi cantly increase for will, amongst others, have the following adverse impacts due of state reporting laws in association with massive sewage the city of Troy and already constitutes a major public health o v e r fl o w s 5 leading to signifi cant cost for the community. In threat today. Development, even if major parts of the forest The rezoning and development (combined and individually) to ecosystem service loss and ecosystem impacts: fact, Troy is the region’s worst polluter regarding overfl ows. would not be destroyed, would signifi cantly impact the have therefore signifi cant potential for negative - High density zoning and traffi c increase will lead to accessibility and functioning of this critical asset.11 environmental impacts, including on public health, and increased illness related to air pollution, noise The city itself acknowledged that “Unfortunately, sewer include potentially signifi cant public service costs resulting pollution and water contamination, and increase risks overfl ow events are fairly routine for shoreline communities A recent article published in the New York Times (August from these negative impacts and the loss of ecosystem of traffi c accidents. like Troy.”6 24, 2020) discusses the direct relationship between health, services. - Increased pavement and loss of natural runoff buff ers will income and racial disparities in relationship to exposures to increase run-off pressures on the Hudson River, It is in this context that the proposed development and its extreme heat in the urban context. There are several environmental impacts that constitute leading to adverse health impacts on downstream impacts on the loss of this land will signifi cantly escalate this direct and indirect public harm as well as economic costs communities. already urgent emergency. The location of the site at the very associated with the proposed rezoning of Parcel 70.64-1-1 as 4.3.6. AIR QUALITY AND RELATED ILLNESS - Increase pressures on the already strained combined sewage north of the city, combined with its size and its impact on the Air Quality will be negatively impacted, both directly and well as the proposed development of the site. These will also infrastructures is linked to an increase in fi nes for city’s sewer system will lead to signifi cant environmental and indirectly. The increased traffi c associated with the have signifi cant consequences for costs due to lost ecosystem combined sewage overfl ow and will lead to negative monetary costs for the city and all its residents. development will diametrically impact the air quality of this services, the negative impacts on the city’s climate and impacts on downstream communities. neighborhood. Additionally, the loss of tree and natural space extreme weather resilience, and subsequently the city’s - Further channelization of the Hudson, already leading to will further exacerbate air quality loss.12 This is directly linked revenue (see box on the right). 4.3.4. WATER QUALITY increased fl ood risks, will be further increased with Natural, forested spaces are a critical asset to the city’s to a range of illnesses. this development — leading to increased fl ood environmental and climate resilience 7. This area, upstream Increases in impervious surfaces as a result of deforestation hazards for downstream properties across the city. of the entire city, signifi cantly protects the city from fl ooding Rensselaer County had the highest rate of asthma and high-density development have been linked to a number The location of this property in particular will directly (as a buff er fl ood zone for fl ooding) and indirectly by hospitalizations for all ages and for ages 0-17 years in the of negative impacts, including decreases in air and water severely increase fl ood risks for the entire city. preventing runoff and maintaining the integrity of the river Capital Region. Troy/Lansingburgh had 2.5 times the asthma quality and increases in the magnitude of urban heat islands, - Signifi cant loss of forest and natural waterfront will increase bank. The development of the site in the proposed form emergency department visit rate and 1.8 times the asthma which have been linked to heat-related mortality and the other critical hazards, including urban heat, runoff would signifi cantly interfere with the ability of this land to hospitalization rate as New York State excluding NYC. production of noxious ground-level ozone. pollution, air pollution and their severe impacts on absorb runoff and protect the city from river pollution and public health. fl ooding. Additionally, asthma hospitalization rates per 10,000 These consequences and impacts stand in direct confl ict with - Eff ects will disproportionately impact communities living in residents in Rensselaer County were signifi cantly higher for the 2018 Comprehensive Plan, undermining valuable eff orts a DEC PEJA. The property is directly adjacent to the Hudson. This means black (32.4) and Hispanic (33.3) residents when compared with taken by the city, including its participation in the Climate development impacts on this land will signifi cantly aff ect white non-Hispanic (7.9) residents in Rensselaer County.13 Smart Communities Program. Additionally, the development the fl ood resilience of Troy, particularly due to its location Negative impacts to air pollution associated with the does not adhere to critical provisions for waterfront upstream of the entire city (last property before the city line); proposed change in zoning will exacerbate existing protection and renaturalization established in existing code in 2018, a Health Across All Policies (HAAP) initiative that calls The undeveloped higher elevation provides additional pro- disproportionate impacts of poor air quality for PEJA as well as in the additional zoning logics established in the for integrating health considerations into all policy and tection against runoff and to the integrity of the areas of the community residents. comprehensive plan (which a change in zoning code must decision making across all sectors and all levels of land that comprise a fl ood zone. Studies show the importance adhere to). government in New York State 4. of such natural assets in runoff protection.8 4.3.7. NOISE POLLUTION Currently zoned as R1, the rezoning will signifi cantly increase 4.3.1. PUBLIC HEALTH 4.3.2. TRAFFIC, EMISSIONS, ROAD SAFETY Development, particularly high-density development, will noise levels due to increased population density, increased An individual’s health is determined by many factors includ- A higher density zoning will inevitably increase traffi c at the signifi cantly increase runoff pollution9 through the loss of traffi c and the loss of green space as natural noise shield; this ing genetics, healthcare, socioeconomic circumstances, site. The developer, for example, proposes a 240 unit water absorbing forest and forest soils and the use of will signifi cantly disrupt the character, but also public health environmental exposures, and behavioral patterns. apartment. An average of 1-2 vehicles per apartment unit must be assumed, leading to an increase of vehicles using the impervious material as well as the associated increased traffi c of the otherwise characteristically quiet neighborhood. and pollution. This only constitutes10 an increased threat of Socioeconomic circumstances, environmental exposures, and 2nd Avenue road by 240-480 vehicles. This means that the environmental harm on surrounding communities, behavioral patterns are classifi ed as Social Determinants of rezoning to a higher density will inevitably lead to an 4.3.9. FLOODING downstream communities and the Hudson river itself. Studies well-establish that developments, such as the pro- Health (SDOH), or “non-medical factors that determine health signifi cant increase in vehicle related emissions and an posed, and the associated displacement of natural waterfront outcomes.” 3 Researchers in public health have determined increased risk of traffi c accidents on this two-lane and bend- and channelization signifi cantly increase river fl ood risks that SDOH contribute more towards an individual or ing section of the road. 4.3.5. URBAN HEAT ISLAND AND HEAT MORTALITY Forested areas serve as “natural air conditioning” for the downstream (cp. Chen, 2016). The direct eff ects of community’s health outcomes than traditional health factors surrounding communities in urban centers and provide a sedimentary fl ow and associated environmental degradation like genetic predisposition or healthcare. With this 4.3.3. SEWAGE OVERFLOW natural refuge and relief from oppressive summer heat; a of the Hudson River additionally exacerbate the increase of information, Governor Cuomo issued Executive Order No. 190 The city’s sewage and water management infrastructure is 34 35 Chapter Four: Ecosystem Services and Climate Change

fl ood risks downstream at other areas across the City of Troy from fl ood risk,” and “identify and conserve natural areas and other communities along the Hudson River. contributing to stormwater management.” Natural resources, like trees and other green spaces, absorb water from running This is also acknowledged in the comparative plan which off into waterways, and also absorb excess rain and fl ood states waters. “The majority of the Hudson River shoreline south of the Collar City Bridge has been channelized, which has inter- The developer claims because this area is above the 100-year rupted or removed natural ecosystems. Due to this activi- fl ood zone, it would not negatively impact fl ooding. This is ty, sediment from the Hudson River is no longer deposited false, because removing green-space means fewer natural on the banks, and limited habitat is available for fi sh and resources to absorb excess rain and snow melt, causing more wildlife species” (p. 16) runoff to the Hudson River and surrounding area.”

This risk is exacerbated when one considers the climate projections by the New York State Department of Environmental Conservation (NYSDEC). Rainfall events are 4.4 CONCLUSIONS also expected to become less predictable, more extreme, and occur in the form of heavy downpours or extended droughts. This has important implications for the considerations of a The elevation of the 100-year fl oodplain and the city’s history current request for rezoning for 1011 2nd Avenue. of extreme fl ooding suggest that the threat of damage to and loss of property is heightened due to anticipated climate • Ecosystem Services. The forest at 1011 2nd Avenue provides change. critical ecosystem services to the local community, the entire City of Troy as well as downstream communities — Flooding in particular would be gravely exacerbated by with direct and indirect benefi ts for public health. opening this parcel up to high-density development, as Liz • Disproportionate Harm for Community in Environmental Moran explained in a submission to the record for the public Justice Area. The forest is located in a DEC designated hearing on September 10, 2020, quoted in the following from Environmental Justice Area. This means that the loss of the minutes: ecosystem services would place unfair harm disproportionately on the communities in this area. “This project would threaten the City with more fl ooding. • Rezoning and development are coupled. The proposed Natural buff ers and forests are key for fl ood prevention, and rezoning is connected to a known development project. this area of Troy has already suff ered from signifi cant These development plans are well-known and statements fl ooding. As the climate continues to warm, more frequent by the developer during meetings on August 27, severe storms will also impact the area. According the New September 10, November 17 and December 29 all reaffi rm that the rezoning is sought for the purpose of specifi c York State Department of Environmental Conservation (DEC), impacts on water quality, impacts on traffi c safety). the aging combined-sewer infrastructure, which development plans. A consideration of the rezoning alone 100-year storms are projected to become 20-50% more likely Under a density allowed with P, an increase of at least already is at capacity. A higher density rezoning would be inconsistent with the intent of SEQRA and by the 2020s, and 70-190% by the 2050s. This translates to around 240 vehicles must be expected, but a much therefore would lead to increased overfl ow pollution constitute “segmentation”. 15.3-16.8 feet fl ood heights along the Hudson River. higher number of vehicles is more realistic given with direct public health impacts on local and This is particularly problematic considering the loss of allowed density parameters in the zoning as well as downstream communities along the Hudson river. ecosystem services provided by the forest and the Additionally, climate change is leading to more frequent vehicle owner statistics. • Negative Impacts of Development. These negative public disproportionate harm infl icted on the community living in precipitation east of the Hudson River. By the 2050s, - Higher density would lead to increased noise health impacts would be exacerbated by the development the PEJA. precipitation may increase 12% from baseline 1971-2000 levels. pollution associated with the increase in population. proposed by Kevin Vandenburgh. Impacts detailed above • Negative Impacts of Rezoning: There are clear negative Additionally, as the climate continues to warm, the Hudson Noise pollution and increased urbanization is well become particularly explicit with this development and the environmental impacts on public health associated with a River will continue to rise, causing more fl ooding over time. established for its link to psychological and physical associated canopy loss, increased traffi c, disturbance, change in zoning code to allow for high density High estimate projections for sea level rise indicate the health impacts. runoff through pavement of parking lots and construction, development, as would be the case for a change in zoning. Hudson River may rise by 27-30” by the 2050s. - Higher density would lead to increased pressures noise and shading impacts, increased sewage use, increase - Higher density would lead to increased traffi c. A on public infrastructure. Particularly a change in air and water pollution and the loss of critical change in zoning code to allow for higher density To reduce the risk of severe fl ooding, DEC recommends that density on this parcel upstream of the entire city ecosystem services associated with the development. would lead to an increase in traffi c and associated communities “use natural vegetated buff ers to protect assets would lead to signifi cant increases in pressures on public health impacts (noise, air pollution, runoff , 36 37 Given these impacts, the following conclusions become necessary:

Development and rezoning are (individually and in combination) linked to have highly significant adverse impacts on the public health of the local community of this DEC designated “Potential Environmental Justice Area” as well as on the broader public of Troy. While a development of the Footnotes: site is permissible in R-1, the public health impacts associated 3 https://www.who.int/health-topics/social-determi- with a high density zoning far exceed the impacts of develop- nants-of-health#tab=tab_1 ment within the current zoning. 4 https://www.health.ny.gov/prevention/prevention_agenda/ health_across_all_policies/docs/roadmap_report.pdf This alone should provide enough grounds for the Planning 5 Times Union (July 7, 2017) “Massive Albany Troy Sewage Spills in Commission to recommend against the rezoning. Hudson https://www.timesunion.com/7dayarchive/article/Massive- Albany-Troy-sewage-spills-in-Hudson-11273421.php This underscores the importance of initiating a SEQRA at 6 Statement of City of Troy: “Understanding Tory’s Combined Sewer the earliest possible moment, as is also recommended in the Infrastructure System” July 10, 2017 law itself. Furthermore, it underscores the importance for http://www.troyny.gov/understanding-troy-combined-sewer-infra- avoiding segmentation — that is: the Planning Commission structure-system/ should insist in its recommendation that the proper process 7 USDA Urban Forests and Climate Change https://www.fs.usda.gov/ as outlined in the law should be followed. A rezoning ccrc/topics/urban-forests-and-climate-change independent from the known development is not permissible, 8 Conservation Tools: Working With Nature to Manage Stormwater and the exacerbated risk for harm to public health makes this https://conservationtools.org/guides/166-working-with-nature-to- even more significant. manage-stormwater 9 DOS: Impacts of Urban Runoff https://www.des.nh.gov/organiza- The request for rezoning of the site in question should tion/divisions/water/wmb/tmdl/documents/stormwater_chapt1.pdf therefore be NOT APPROVED by the City Council, and the 10 https://pubs.er.usgs.gov/publication/wri014071 Planning Commission should recommend AGAINST A REZON- 11 EPA: Reduce Urban Heat Island Effect https://www.epa.gov/ ING. green-infrastructure/reduce-urban-heat-island-effect 12 Benefits of Urban Trees: (https://www.nature.org/content/dam/ Additionally, given these findings, the sitequalifies for the tnc/nature/en/documents/Public_Health_Benefits_Urban_Trees_FI- designation as a Critical Environmental Area (CEA) by fulfilling NAL.pdf) CRR-NY 617.14(g) criteria (i) and therefore the Planning 13 http://www.hcdiny.org/content/sites/hcdi/2019_CHNA/2019_HC- Commission should recommend such designation. DI-Community-Health-Needs-Assessment.pdf

38 Chapter Five: Neighborhood and Cultural Signifi cance CHAPTER FIVE NEIGHBORHOOD AND HIGHLIGHTS • The forest is of high cultural relevance to the original custodians of this land. CULTURAL SIGNIFICANCE • Indigenous history was systematically erased. Destroying this site would contribute to that loss. • The land significantly contributes to the neighborhood character of the neighborhood. The land at 1011 2nd Avenue contributes importantly to the Schaghticoke, as well as the diff erent indigenous tribes and • A change in zoning code would significantly alter the character of this neighborhood. current neighborhood character of Lansingburgh in nations with historically grown cultural and spiritual ties to benefi cial ways and holds high cultural and social this land. signifi cance to diverse communities within Troy, the to indigenous identity. The destruction of this archaeological neighboring Town of Schaghticoke, as well as to indigenous The value of these cultural services cannot be under- 5.1 CULTURAL SIGNIFICANCE and cultural space would further perpetuate this erasure. communities across the state. emphasized, especially considering its location within a PEJA. TO INDIGENOUS PEOPLES This land provides a lifeline, a direct connection to the ances- In terms of ecosystem services, this means that the land The signifi cant cultural value for a wide range of — often This land is of critical signifi cance to indigenous peoples, as it tral homelands from which the indigenous people were forci- provides critical cultural services to the local community, the marginalized — communities should underscore the represents a direct connection to their historical homelands bly removed. It’s destruction would constitute a repetition of residence of the City of Troy as well as the Town of importance of a recommendation against the rezoning. — a connection that today is still well alive and maintained. past violence and crime. As such, the cultural signifi cance far exceeds the already extensive archaeological importance of this land. It is tied to Perhaps, consider the statement by Kanerahitiio Roger Jock, a history that was purposefully and violently erased through spoken at the public hearing on December 29th, 2020, and colonialism. Connecting past and present, it is as such tied submitted in writing to the record, from where it is quoted:

My name is Kanerahtiio Roger Jock. I am and all Earth; and create solutions to the Now that it is threatened, the people who con- sacred. It is time to protect what is sacred and Kanien’kehá:ka (Mohawk) Bear Clan from existential challenges of our time. tinue to love and honor the land are here to say protect what we love. Akwesasne. My great-grandmother is from the STOP! NO! NO MORE! No more development Schoharie region of the Mohawk Valley. This is It’s no longer just the native people of this land that destroys the last forests. No more paving We need to stand together and make our old where my DNA comes from, and my ancestors who know that we need to respect the Earth, over ancestral land. No more short-term gain agreements new again. As long as the water have a long history of relations with the live in reciprocity, and stop destructive for long-term destruction. fl ows and the grasses grow, we will respect Mahican People that continues to this day. development in the name of so-called each other and walk together under the Great progress. Our economy should not be based We join our voice to theirs and say no more to Law of Peace, protecting the Earth and all I am also the project director of the Waterfall on destroying the Earth. The native trees have this old story that is leading us to extinction. creation. Unity Alliance based in West Fulton, NY -- a right to be here. Our grandchildren have the where we are building a traditional longhouse right to be able to come and visit this forest, We need to walk together in a new way. We as an initial point of return to our ancestral sit by the river, gather medicines. This is a rare respect the history of the Mahicans on this soils. The mission of the Waterfall Unity place of peace that is senseless to destroy. land. The land is sacred. The river is sacred. The Alliance is to protect the Mohawk Watershed trees and the breathing life on the riverside are 5.2 CULTURAL SIGNIFICANCE 5.3. CHANGE IN TO THE LOCAL PUBLIC NEIGHBORHOOD CHARACTER

This connection extends to the present local communities The impact of allowing high-density development at this site that live alongside, on, and with this forest. It is well known cannot be understated — and extends to the neighborhood locally as a sanctuary amongst the urban landscape. It is an character. This is a quiet neighborhood of single-family important access point to the river for fi shing, provides shel- housing, and the forest at 1011 2nd Avenue importantly ter and renewal of energy, and is one of the rare access points contributes to the character of this neighborhood as “in the to natural spaces for local BIPOC youth in this Environmental city, but not quite in the city”: It provides a connection to Justice Area. nature and places the neighborhood in it.

As such, this land is integral to the fabric of social and cultur- Placing high density zoning squarely in the hart of this al identity in the Lansingburgh neighborhood and beyond. neighborhood therefore would irrevocably alter the Public testimony, documented in the zoom recordings as well character of the neighborhood — substantially increasing as minutes, speaks to this importance repeatedly: traﬃ c through this neighborhood, changing the noise and view scape, and disruption the “sense” the residents ascribe to living in “the Burgh”, and particularly to this area of Lansingburgh.

It is for these reasons that a development of this land would irrevocably destroy the cultural signifi cance of this land, and high density zoning would signifi cantly alter the neighborhood character of this area. High density. The Planning Commission should therefore recommend against I have lived in Troy all my life. I have walked the change in zoning code from R-1 to P. this area and shared this area with my son. We enjoy the ability to go down, enjoy nature and Additionally, the site qualifi es for the designation as a Critical play at the river like any normal child would Environmental Area (CEA) by fulfi lling CRR-NY 617.14(g) criteria love to do. We have too many houses and not (iii) and therefore the Planning Commission should recommend such designation. enough parks or nature. If you build more overpriced lofts you are proving your greed. This doesn’t help our community. If you allow this you are not only destroying and removing trees and land. Your destroying and removing the people that already live here. – Andrea M.B.

42 Chapter Six: Economic Costs and Benefi ts CHAPTER SIX ECONOMIC COSTS HIGHLIGHTS • Significant costs are associated with the loss of ecosystem services. AND BENEFITS • Additional costs associated with increased public service expenses are expected. • 240 apartment units on undeveloped land will increase public safety cost by approx. $36,000 / year. The unique character of the site at 1011 2nd Avenue •They also will increase net-costs for the school district by approx. $495,000 / year. provides considerable direct and indirect economic benefi ts Finally, there is also a lost opportunity cost to the city and that would be potentially lost with rezoning and the public, associated with benefi ts of the potential subsequent development of the site. Additionally, the long-term protection and preservation of the site. This potentially signifi cant benefi cial outcomes, particularly for Visual Quality of the Landscape: The visual quality of natural rezoning and development itself would generate chapter explores the three dimensions in a general cost- mental health. lands is well-documented in the academic literature and its economic benefi ts — that however would be off set by benefi t analysis (a detailed analysis of each dimension will eff ects have been extensively studies. Natural features rank additional direct and indirect incurred economic costs be provided at a later time). Biodiversity: Currently, ecological surveys (chapter 3) show a thereby particularly high, while development structures need associated with rezoning and development. high degree of biodiversity at the site. This includes several to take surrounding land uses and visual consistency into rare species as well as a generally healthy and fl ourishing account, as well as shading impacts and loss of visibility of habitat. The high biodiversity enhances quality of life and natural features. 6.1 ECONOMIC BENEFITS OF 6.1.1. QUALITATIVE ECOSYST. SERVICE ANALYSIS Of the common evaluation techniques, three critical values public health, but is also tied strongly to the recreational THE CURRENT STATE OF THE SITE are used: direct use market value, indirect use value, and capacities of the land. As a healthy, diverse ecosystem, this Carbon Sequestration: In average, a mature tree sequesters option value. parcel in particular provides also important ecosystem about 48 pounds CO2 per year. A single street tree returns The site provides several critical ecosystem services (cp. services far beyond its boundaries, e.g. through pollinators, over $90,000 of direct benefi ts (not including aesthetic, social Chapters 3 and 4) to the communities. The economic benefi t This section does not provide a complete ecosystem water quality impacts and air quality impacts. and natural) in the lifetime of the tree, for a marginal planting of these ecosystem services are diﬃ cult to quantify. However valuation. Rather it provides a generalized valuation, based an approximation of the economic benefi ts provided by the on highly conservative estimates, for selected ecosystem ser- ecosystem can be roughly approximated in combining vices provided by this land. See table to the right for analysis. anticipated cost calculations for lost services as a consequence of the site’s disruption and/or destruction 6.1.2. QUALITATIVE ANALYSIS: BASELINE combined with approximation of dollar values for provided Four options are chosen for the analysis: Do nothing would services. leave the site in the current zoning but would not develop it. Option 2 is the in-right development of the site through the It is important to note that ecosystem services are not always construction of approx. 35 single family housing units. Option easy to assign dollar values, nor should they be, as intrinsic 3 is the change in zoning code and subsequent high-density values are lost to such calculations. However, it is useful to development of the site. apply these economic valuing methods in this context, as even the most generalized undervaluation of ecosystem In its current state, the site provides critical ecological services still makes explicit the economic losses incurred by services, but also suff ers from a lack of conservation and their destruction through, for example, development (cp. stewardship activities that mitigate littering and other forms DEFRA, 2007). of pollution of the site, while also preventing the further support of for example additional recreational opportunities This general analysis is qualitative in scope and does not with positive health and public wellbeing outcomes. provide monetary quantifi cations of the services provided. However, the qualitative analysis already shows signifi cant Recreation: The site is currently used for recreational purposes economic benefi ts that warrant further analysis at a later by the local community and serves as important green-space, point. which has direct public health benefi ts. While recreational tourism is virtually nonexistent for this site, and no revenue is generated, recreational uses for the local communities have

44 45 Chapter Six: Economic Costs and Benefi ts cost. An acre of trees would sequester about 1 metric ton of 6.1.3. QUALITATIVE ANALYSIS: RESULTS* carbon per acre and year. * The results here (Overall economic benefi ts/cost) assess only the economic costs/benefi ts in relation to provided Clean Air: Forested areas play a critical role in providing clean ecosystem services. An overall interpretation of how the air through their production of oxygen. At the same time, results relate to tax revenue associated with the options is diff erent degrees of development are net-carbon producers provided in the description. — often to signifi cant amounts. This does not include the emissions associated with construction and development itself. A 240 unit apartment, for example, would increase traﬃ c related emissions of greenhouse gases and noxious air pollutants by at least 240-480 additional vehicles — with DO NOTHING REZONING+DEVELOPMENT / HIGH DENSITY signifi cant public health costs. (Economic Cost/Benefi t: [+]) (Economic Cost/Benefi t: [- -]) This option would leave the land as-is. This option is the This is the most costly option for the city, due to a Clean Water: Similarly, forests absorb runoff water and fi lter easiest to achieve and would maintain several benefi cial combination of factors (see section 4.3.) This includes rain waters before releasing them again into their ecosystem services with direct and indirect economic benefi t increased public services costs, the loss of ecosystem services environment. This is particularly important in context of to the city as well as provide additional economic benefi ts for (same as for in-right development) plus additional costs runoff pollution and associated fi nes and costs produced by a other services. Recreation and tax benefi ts are the lowest of associated with signifi cant increase in pollution and new development burdening the existing sewage the benefi ts in this option, are however a net-positive when associated public health and cleanup/mitigation costs. Those infrastructure of the city. one considers public health benefi ts, as well as the tax include costs for combined sewage overfl ow, increased public revenue generated through the site. Additionally, positive health costs due to traﬃ c and air pollution, and other eff ects Risks and Hazards: Forested waterfronts in particular play a eff ects must be noted on surrounding properties (valuation/ that have direct consequences for the city revenue and overall signifi cant role in mitigating fl ooding hazards for appraisal as well as resale value). budget. downstream communities. Channelization, as associated with Overall moderate economic benefi ts for the city Overall moderate-high economic costs for the city developments of waterfront properties, additionally increase fl ood hazards and risks, as does increased runoff . The economic costs associated with these hazards are already signifi cant and are likely to rise signifi cantly with the IN RIGHT DEVELOPMENT / SINGLE FAM HOUSING CONVERSATION AND PRESERVATION development of this site. (Economic Cost/Benefi t [-] ) (Economic Cost/Benefi t: + +) This option is unlikely, considering the economic cost of This option sees the long-term preservation of the land Real Estate Costs and Benefi ts: The presence of forested areas development (necessary blasting for construction on the through a trust and the additional creation of cultural-ed- and/or mature trees has moderate to strong impact on the shale formation; infrastructure creation, topography). This ucational programming and the maintenance of paths for resale value of homes listed for under $150,000, and option has some low economic benefi ts for the city, as it recreational purposes. This option would enhance the ecosys- signifi cantly strong infl uence on homes listed for over would generate additional tax revenue for the newly created tem services through stewardship and conservation measures $250,000. Additionally, a number of studies have shown that development. as well as the recreational capacities through promotion and real estate agents and home buyers assign between 10-23% soft-green tourism options. The direct public benefi ts are of the value of a residence of the trees on the property. At the It would result in a net-loss compared to the do-nothing- expected to be high, associated with cultural and educational same time, density changes adversely impact property and option due to incurred public service costs and lost ecosystem programming, while generating direct and indirect tax reve- resale values in traditionally quiet neighborhoods. services. This analysis assumes a large-scale disturbance of nue through these economic activities. The costs for the city Tax Benefi ts: Tax benefi ts include a combination of revenue the ecosystem through development. However, compared are marginal, as the procurement, preservation and long-term sources for a holistic assessment: to the rezoning+development option, the costs are relatively stewardship is planned to be achieved with private equity. low, as pollution eff ects remain limited. Overall moderate-high economic benefi t for the city direct tax revenue from the diff erent options Overall low economic costs for the city + eff ects on tax revenue from surrounding properties + negative impacts (costs) incurred from direct and indirect public service costs

47 Chapter Six: Economic Costs and Benefi ts Gowdy attached in the appendix (Appendix 5). The (B) Increase in Costs For City of Troy 6.2 COST/BENEFIT OF anticipated short-term economic revenue associated with On the Example of Public Safety REZONING/DEVELOPMENT this development proposal is anticipated to be outweighed by both, short- and long-term economic costs. Estimates for cost increases for Public Safety Services are hard There are several critical economic impacts that constitute “This thinking is how you end up with two dollars of public infrastructure for every one dollar of private to estimate. One way to estimate this is the per capita spend- direct and indirect cost to the tax base and the tax paying What is more, studies explicitly and repeatedly show that investment. This is how you spend yourself into ing for safety services. residents of the City of Troy, associated with the proposed because of market competition and resource constraint rezoning of Parcel 70.64-1-1 and the proposed development of bankruptcy”. associated with a development of land routinely and According to the 2020 proposed Budget, a total of $40,329,791 the site. When the full extent of costs are taken into consideration, structurally prevent the development of other, vacant but will be expended for safety services. This excludes overtime, including maintenance, public infrastructure and public already developed sites (Ordway, 2018). extraordinary expenditures and other expenditures not listed Based on the attached and here briefl y reviewed studies, it is service costs, the proposed development will in fact in the general budget itemization. negatively impact the tax revenue in the city. clear that the proposed development will negatively impact In the immediate proximity of the development site proposed the tax revenue of the city of Troy. by Kevin Vandenburgh are several vacant properties, including The population of Troy lies at 49,826 for 2017. Instead, leading economists and development experts rec- Charles Mahron (2018) writes that: several that have been identifi ed in the Comprehensive Plan ommend prioritizing development of existing infrastructure, “Despite the obfuscation of modern accounting as development priority/focus areas. This results in a per capita spending of (rounded) $800. With property and sites, especially vacant sites in economically practices, the math equation for a local government is 240 units, and an conservatively estimated 1.75 persons living disadvantaged communities. This has the benefi t of fairly straightforward: a public infrastructure investment 6.2.1. COST OF PUBLIC SERVICE CALCULATION in each unit, this leads to a increase in cost of: minimizing public investment needs and strengthening tax must generate enough private wealth to pay for the Increased public spending for services outweighs the antici- revenue in short- as well as long-term. (cp. Appendix 5: writ- 240x800x1.75 = $336,000.00 ongoing replacement and repair of that infrastructure or, pated revenue. ten testimony by Prof. John Gowdy). if it is to be sustained, it must be subsidized by a more Tax Revenue (240 units)...... approx. $300,000 fi nancially productive part of the system.” Based on comparative data of similar developments in similar Cost Increase: safety services………...... approx. $336,000 This is also made explicit in the 2018 Troy Comprehensive locations in Troy we off er an (generously calculated) The established rule of thumb is that a ratio of 40:1 ($40 Plan, which identifi es the need to develop vacancies in Major anticipated tax revenue for the city around $300,000.00 NET-LOSS (Public Safety) ...... $36,000/year. private wealth to $1 public investment) is required for a Investment Areas (Comprehensive Plan Map 2 Investment development project to generate and maintain a positive tax Areas), whereas the parcel in question lies outside the The anticipated tax revenue for the school district is assessed revenue (Ibid.). Lansingburgh Investment Area as well as outside the slow This does not incorporate other increased public service (similarly generously) with $400.000,00. development area and is clearly identifi ed as R-1. Consider this costs, such as road maintenance, etc. (Based on approximated unit value calculations). While developers often pay for the initial development and quote from the Comprehensive Plan: construction cost, the City of Troy will be responsible for 6.2.2. LOSS IN PROPERTY VALUE, RESALE VALUE AND “Troy’s high vacancy rates are also contributing to (A) Increase in Spending for Public Schools critical maintenance and public service costs. This includes RENTAL INCREASES neighborhood destabilization. There are approximately (TROY SCHOOL DISTRICT) Besides the cost associated with strains on the local Increased road maintenance and traﬃ c management costs 23,100 housing units in Troy and approximately 2,100 of infrastructure, this development will also lead to additional Increased resource strain for the public school system with these units, or 9%, are vacant and unused. Prospective At the same time, in the state of New York, an average of direct and indirect costs for the local residents and the overall the infl ux of large amounts of new residents in short time residents are deterred from purchasing homes in annually $22,366 are spent per pupil on the public education neighborhood. Increased costs for other public services, including the fi re 14 neighborhoods with high vacancy rates as they are system . In Troy this number is closer to $28,000, but we will department, garbage collection, public safety, etc. perceived as areas with higher crime, and where use the more conservative average. The development will lead to signifi cant loss of property value continued disinvestment may occur. These conditions and resale value due to the loss of green-space and As Mahron (2018) writes on the case of development costs, a have resulted in a weak housing market and low housing A conservative estimate would be 40 new pupils entering the waterfront, which also negatively impacts the city budget municipality of similar size and structure: values compared to the region.” (p.11) Troy School System — an estimate that is very conservative The tax savings of industrial development may measure a few Rapid growth “[...] provided the local government with for 240 apartment units. hundred dollars a year per taxpayer, but the loss in property And the plan establishes sites in direct proximity to the parcel the immediate revenues that come from new growth values measures in the thousands. Typically it takes decades for which the rezoning is requested as development focus — permit fees, utility fees, property tax increases, sales This leads to an increase in spending of $894,640. of tax savings to make up for the loss in property value. areas in the spirit of avoiding associated revenue burdens tax — and, in exchange the city takes on the long term Property value will decline with the loss of a signifi cant associated with spot zoning developments such as the responsibility of servicing and maintaining all the new Increase Revenue ...... …… approx. $400,000 green-space and undeveloped waterfront forest property development proposed for this parcel (see Appendix 2). infrastructure. The money comes in handy in the present Increase Spending ...... … approx. $894,640 while the future obligation is, well … a long time in the Rental increases in surrounding housing are expected to The anticipated short-term economic revenue is anticipated future.” NET-LOSS OF APPROX. $494,640 increase due to the amenities at the property, clearly designed to be outweighed by both, short- and long-term economic for the use of renters at the property. And concludes: costs, based on the expert testimony by economist John

48 49 A rezoning discourages the development of already developed 6.3 COST OF LOST OPPORTUNITY / vacant areas with existing infrastructure and public services HOUSING DEMAND in place. The development of this property, and the associated rezoning, stand in conflict with these development needs and Housing demand is a limited resource. The most recent undermine soft and smart growth and development. Comprehensive Housing Market Analysis by the US Department for Housing and Urban Development (US HUD) Accordingly, the rezoning would stand in direct conflict with for Albany-Schenectady-Troy (forecast period: September 1 the provisions and priorities laid out in the Comprehensive 2018 - September 1 2021) explicitly states that housing Plan, the smart growth development principles established demand is nearly at or already at capacity (US HUD 2019, p. 1): in the Comprehensive Plan, and the New York State Smart The current rental housing market is slightly soft. The Growth Criteria. overall rental vacancy rate is estimated at 8.0 percent, up from 7.1 percent in April 2010. The market for apartments In this context, development of a greenfield site — an is balanced, with a vacancy rate of 4.7 percent during the undeveloped site — appears counter-productive and second quarter of 2018, up from 2.4 percent a year earlier undermining smart growth and sustainable development (Reis, Inc.). The average asking rent in August 2018 was priorities outlined in the same Comprehensive Plan. The $1,187, a 7-percent increase from a year earlier. During existence of an old housing stock in need for development in the forecast period, demand is estimated for 1,975 new combination with limited housing demand therefore market-rate rental units (Table 1). The 1,600 units currently constitutes an urgent need for strategic development, under construction will meet most of that demand. recognized in the Comprehensive Plan, as well. Developing the site at 1011 2nd Avenue would therefore undermine the Since that forecast, extensive numbers of new apartment development of these priority investment areas and units saw their construction in Troy, NY, further contributing potentially prevent development of neglected sites and old to the satisfaction of limited housing demand. Whereas this housing stock in need of development. demand can be anticipated to have slightly increased over the forecast period, this increase must be assumed to be mostly This is associated with direct and indirect costs of lost compensated by extensive new construction projects within opportunity to the City of Troy. As detailed above, direct and Troy, NY over the same time. indirect costs of public services arise from developing undeveloped urban green-spaces in particular. At the same This is particularly significant in context of a high number of time, undeveloped vacant properties decrease surrounding vacant, abandoned and neglected sites across Troy that are property values, deter prospective residents, and accelerate explicitly designated as investment priority areas in the 2018 continued disinvestment of affected areas, according to Troy’s “Realize Troy” Comprehensive plan. There are priority own Comprehensive Plan (p. 11). development areas in the direct vicinity of this property. A vacant price chopper as well as several vacant locations across Given limited housing demand, direct and indirect costs the local Lansingburgh neighborhood are identified as priority associated with the development of an undeveloped site, and development nodes in the comprehensive plan. and the additional costs (direct and indirect) arising from lost opportunities to develop vacant site, the anticipated costs for As the plan states (p.11): the City of Troy are significant, considering the already shown “Troy’s high vacancy rates are also contributing to neigh- high revenue loss in section 6.3.2. of this report. borhood destabilization. There are approximately 23,100 housing units in Troy and approximately 2,100 of these A rezoning would therefore be harmful to the economic units, or 9%, are vacant and unused. Prospective residents interests of the City of Troy and the Planning Commission are deterred from purchasing homes in neighborhoods should recommend against the rezoning. with high vacancy rates as they are perceived as areas with higher crime, and where continued disinvestment Footnotes: may occur. These conditions have resulted in a weak 14 https://www.governing.com/archive/state-educa- housing market and low housing values compared to the tion-spending-per-pupil-data.html region”. 50 51 CONCLUSIONS

CHAPTER ONE — PROCESS AND LEGAL CONSIDERATIONS CHAPTER FOUR — ECOSYSTEM SERVICES AND CLIMATE CHANGE

• Treating the rezoning as if it were an independent action under SEQRA constitutes “segmentation” • The forested land at 1011 2nd Avenue provides a range of critical ecosystem services. • According to SEQRA, review should start without delay and at the earliest possible time • These ecosystem services are particularly critical given the “Potential Environmental Justice Area” • The site is located in an PEJA, requiring a full EAF for any action on the land. A written outreach plan is • Several ecosystem services are critical to public health, establishing the harm to public health associated also required for actions within PEJAs per DEC CP 29. with development and rezoning • Rezoning to P (Planned Development) would be inconsistent with Troy’s Comprehensive Plan and • Developing the land would negatively impact the city’s resilience to climate and environmental risks. therefore would require a Comprehensive Plan amendment. • Residency requirement to speak at public forums were inconsistent with NYS Open Meetings Law • Public disclosure of archeo-sensitive locations could be a violation of NHPA Section 304 CHAPTER FIVE — NEIGHBORHOOD AND CULTURAL SIGNIFICANCE

• The forest is of high cultural relevance to the original custodians of this land. CHAPTER TWO —ARCHAEOLOGICAL SIGNIFICANCE • Indigenous history was systematically erased. Destroying this site would contribute to that loss. • The land significantly contributes to the neighborhood character of the neighborhood. • The site at 1011 2nd Avenue is of high archaeological, historical and cultural significance. • A change in zoning code would significantly alter the character of this neighborhood. • Studies found artifacts dating back to 1500-3000 B.C.E. • Due to its archaeological-historical-cultural significance the site would qualify for CEA designation. • Surrounding archaeological sites indicate a high likelihood for additional significant finds on this site. CHAPTER SIX — ECONOMIC COSTS/BENEFITS • Considering the significance of the site, “In-Right” development would face SEQRA challenges

• Due to the significance of the site, SEQRA should be initiated without further delay • Significant costs are associated with the loss of ecosystem services. • Due to the significance of the site, the City of Troy should designate the site as CEA, and the Planning • Additional costs associated with increased public service expenses are expected. Commission should recommend to do so. • 240 apartment units on undeveloped land will increase public safety cost by approx. $36,000 / year, • And will increase net-costs for the school district by approx. $495,000 / year CHAPTER THREE —ECOLOGICAL SIGNIFICANCE • Several county-rare species and likely one state-rare species were documented in recent surveys. • Additional ecological surveys during the growth season (May - September) are needed. RECOMMENDATIONS • Due to its ecological significance the site would qualify for CEA designation.

• The ecological sensitivity and significance of the site warrants a recommendation against rezoning. 1) The Planning Commission must recommend against the 3) The Planning Commission should further recommend change in zoning code. At the very least it should recommend the designation of the site as Critical Environmental Area against the rezoning as premature until SEQRA is completed. (CEA). This would ensure that the high signifi cance of this site is appropriately considered in the current and any further 2) The City Council must vote against the request for reviews of any actions on this property, as is the purpose of rezoning as premature until the developer has submitted an such designation. This report shows that the site at 1011 2nd EAF and SEQRA review has been completed. Within the EAF Avenue does far exceed the requirement and signifi cance rezoning as well as zoning plan amendment must be listed as criteria for such a designation, as detailed in 6 CRR-NY 617.14 discretionary actions (g) and warrants such a designation.

52 53 REFERENCES Akbari, H., M. Pomerantz, and H. Taha (2001). “Cool Surfaces and Shade Trees to Reduce Energy Use and Improve Marhon Jr., Charles (2018) “Building Resilient Communities” ICMA, August 2018. https://icma.org/articles/ Air Quality in Urban Areas.” Solar Energy 70 (3): 295–310. pm-magazine/pm-article-building-resilient-communities

Beattie, Jeff , Cheryl Kollin, and Gary Moll (2000). “Trees Tackle Clean Water Regs.” American Forests. Marhon Jr., Charles (2017) “The Real Reason Your City Has No Money”. Strongtowns. https://www.strongtowns. org/journal/2017/1/9/the-real-reason-your-city-has-no-money Benedict, Mark A., and Edward T. McMahon (2006). Green Infrastructure: Linking Landscapes and Communities. Washington, D.C.: Island Press. Mitchell, Richard, and Frank Popham (2008). “Eff ect of Exposure to Natural Environment on HealthInequalities: An Observational Population Study.” The Lancet 372: 1655–60. Boyd, Nicholas P. (2017). The Urban Forest and Environmental Justice. A Review of the Literature. Nowak, David J (2002). “The Eff ects of Urban Trees on Air Quality.” General Technical Report. Syracuse,NY: USDA Brumbach, H.J. (1987) “A Quarry/Workshop And Processing Station On The Hudson River In Pleasantdale, New Forest Service, Northern Research Station. York”. Archeology of Eastern North America, 15(1987), 59-83. NYS DOS (2015) “Zoning and the Comprehensive Plan”. NYS Department of State: Albany. Brumbach, Hetty Jo, Zitzler, Paula (1993) Stage II Archeological Investigation Of the Turnpike/River Bend Road Area. Pleasantdale Wastewater Facility Plan. Town Of Schaghticoke, Rensselaer County, New York (C-36-1270-01). US EPA (2002). Responsiveness Summary Hudson River PCBs Site Record of Decision. Appendix C Stage 1A Cultur- Public Archaeology Facility, Rensselaer Polytechnic Institute. al Resource Survey.

Cotrone, Vincent (2015). “The Role of Trees & Forests in Healthy Watersheds: Managing Stormwater,Reducing van den Berg, Agnes E., Jolanda Maas, and Robert A. Verheij (2010). “Green Space as a Buff er between Stressful Flooding, and Improving Water Quality.” University Park, PA: Penn State Extension. Life Events and Health.” Social Science & Medicine 70: 1203–10.

Chen, X., D. Wang, F. Tian, and M. Sivapalan (2016), From channelization to restoration: Sociohydrologic modeling Wolch, Jennifer R., Jason Byrne, and Joshua P. Newell (2014). “Urban Green Space, Public Health, and Environmen- with changing community preferences in the Kissimmee River Basin, Florida,Water Resour. Res., 52, doi:10.1002/ tal Justice: The Challenge of Making Cities ‘Just Green Enough.’” Landscape and Urban Planning 125: 234–44. 2015WR018194. Wolf, Kathleen L. (2008). “City Trees, Nature and Physical Activity: A Research Review.” Arborist News. DEFRA (2007). An Introductory Guide to Valuing Ecosystem Services. Defra Publications: London.

Donovan, Geoff rey H., David T. Butry, Yvonne L. Michael, Jeff rey P. Prestemon, Andrew M. Liebhold,Demetrios Gatziolis, and Megan Y. Mao (2013). “The Relationship Between Trees and Human Health: Evidence from the Spread of the Emerald Ash Borer.” American Journal of Preventive Medicine44 (2): 139–45.

Forestry Commission (2011). National Forest Inventory outputs. [Internet] Forestry Commission, Edinburgh [www.forestry.gov.uk]. Accessed 12 January 2016.

Kuo, Frances E., and William C. Sullivan (2001). “Aggression and Violence in the Inner City: Eff ects of Environment via Mental Fatigue.” Environment and Behavior 33 (4): 543–71.

Lothrop, J. C., Burke, A. L., Winchell-Sweeney, S., and G. Gauthier (2018). Coupling Lithic Sourcing with Least Cost Path Analysis to Model Paleoindian Pathways in Northeastern North America. American Antiquity, 83(3), 462- 484.

Lovasi, G.S., J.W. Quinn, K.M. Neckerman, M.S. Perzanowski, and A. Rundle (2008). “Short Report: Children Living in Areas with More Street Trees Have Lower Prevalence of Asthma.” Journal of Epidemiology and Community Health 62: 647–49.

54 55 Appendix 1: Ecological Surveys (Dec 2020) Appendix 1 Ecological Survey December 2020

TO: Troy City Planning Board. represents multiple overlapping county-important ecological FROM: David Hunt, Ecological Intuition & Medicine features, 6 at Pleasantdale Bluffs, 8 at Hudson River Schaghticoke. Rensselaer County Biodiversity Greenprint Project Because both these ecological sites are somewhat large, much of the RE: Golub Parcel. Proposed Apartment Complex Development. prior information was based on field surveys and historical records Pleasantdale Bluffs, City of Troy. off the Golub parcel. Both sites were mapped remotely from air photo DATE: December 22, 2020 plus associated datalayers on land cover, hydrology, topography, geology, and soils. A recent survey of the Golub parcel (December

20, 2020), conducted under 2 feet of snow in conjunction with a group Planning Board Members, of concerned local neighbors, confirmed the presence of multiple

features of both regionally important sites including multiple As part of my effort of over 20 years to map and provide information characteristic natural communities and county-rare plants. Because to landowners and conservation organizations about herbaceous and graminoid plants are often not detectable under these regionally-important ecological/biodiversity sites throughout conditions, I strongly recommend the parcel be studied by a qualified Rensselaer County, I would like to bring to your attention ecologist during the growing season (May to September) to better information on two important sites connected to the 9.93-acre Golub evaluate the suspected/potential presence of several additional parcel (Tax Parcel 70.64-1-1) in the City of Troy, on which an regionally-rare species including 1) the state-rare moth inland apartment complex is reportedly being proposed: barrens buckmoth, known to feed on scrub oak, which was just found

on the parcel, and 2) the state-rare plants pleated-leaved knotweed "Pleasantdale Bluffs" plus bristly rose, both known just to the north in Schaghticoke. a county-important rocky summit/slope ecosystem complex

containing knolls and cliffs along the Hudson River spanning Hopefully, any decision about potential land use changes of the Golub the Troy/Schaghticoke municipal boundary with associated Parcel should consider the regional importance and rarity of multiple county-exemplary occurrences of Pitch Pine-Oak-Heath Rocky ecological features here (especially the Shale Cliff & Talus Summit plus Shale Cliff & Talus Community, as well as 24 known Community, riverside habitat, and rare plant species like scrub oak). regionally rare plants. Whether or not the parcel is further evaluated for rare plants and

animals, if any structures are to be built on the parcel, I strongly "Hudson River Schaghticoke" recommend that they are placed as close as possible to Second Avenue, a county-important riparian ecosystem complex containing the farthest away from the ecologically-important features of the site, Hudson River, shoreline communities, and an associated and that any impacts to the high knolls, steep W-facing slopes floodplain, stretching from the Washington County line bordering the Hudson River, and the river shoreline are minimized. downstream to the Federal Dam in Troy with associated

county-exemplary occurrences of Unconfined River plus Sincerely in Biodiversity Conservation, Riverside Sand/Gravel Bar, as well as many known

regionally-rare plants.

David Hunt. Ph.D. Ecologist. Grafton, NY. These sites were documented and mapped as part of my contributions Rensselaer County Biodiversity Greenprint Project to the 2017 Rensselaer County Conservation Plan, coordinated by the (Designing an Ark for the Native Species of Rensselaer County) Rensselaer Land Trust, focusing on 10 ecological features ranging from relatively small scale (e.g., rare plant concentration areas) 348 Jay Hakes Road; Cropseyville, NY 12052; (518) 279-4124 to relatively large scale (e.g., regionally-important aquatic networks, forest landscapes, and large-scale conservation sites). Maps have reportedly been accessible on-line since that time for all municipalities and citizens of the county to consult.

56 57 Appendix 1: Ecological Surveys (Dec 2020)

Site 1. Pleasantdale Bluffs. (See Maps 1-4). Site 1. Pleasantdale Bluffs. p. 2.

A. County-important Restricted Ecosystem Complex. (Map 1) Pitch Pine-Oak-Heath Rocky Summit. Complex type: Regional Conservation Importance: Rocky summit/slope complex, circumneutral, bluff/gorge, County Priority 2 of 4 (co-exemplary). likely "county Hudson River Valley regional variant, large river significant" but not "state significant". escarpment bluff type. Size: 2.7 acres. Size: 336 acres. Location: County Importance: Importance Tier 1 of 3 (most important). corrected 2020 from 2017 mapping to knoll just W of W end Extent on Golub Parcel: 40% of tract (N half). of River Bend Road in Schaghticoke. Contribution of Golub Parcel: 5% of Complex (S edge). Extent on Golub Parcel: Characteristic Community Types: not mapped on tract, but both highest knoll and upper crest include Pitch Pine-Oak-Heath Rocky Summit, Shale Cliff & Talus of cliff resemble this community type based on December 2020 Community. (see Exemplary Natural Communities). field survey. Associated Rare Species: numerous county-rare plants (see Rare Plant Concentration C. Rare Plant Concentration Area. (Map 3) Area). County Importance: Description: concentration priority 3 of 7 (highly concentrated). 28th most substrate includes exposed bedrock. contains characteristic important rare plant site in county as of 2017; 5th town open rocky summit/slope community types with associated priority for Schaghticoke as of 2017. rare plant species. The known core of this complex, Size: "Pleasantdale Bluffs" in a more strict sense, is 29 acres. originally mapped at 129 acres but in incorrect represented by knolls/bluffs at the N end of a patch location. corrected to patch of Pleasantdale Bluffs directly along the Hudson River just W of the W end of River ecosystem complex bordering Hudson River. Bend Road. More of the site is mapped along gorges to the Species Composition: NE, between Haughney and Brickyard Roads, mostly unexplored with 17 county rare species/1 state rare species (1 state watch to date. list, 7 county active list, 10 county watch list) documented for 2017 county conservation plan; recently expanded to 24 B. Constituent Exemplary Natural Communities. (Map 2) county rare species/3 state rare species (1 state active list, 2 state watch list, 10 county active list, 14 county Shale Cliff & Talus Community (SCTC4) watch list). Information on individual species shown in Regional Conservation Importance: Table 1. Several additional rare plant species are County Priority 3 of 4 (near-exemplary). likely "county expected, associated with historical specimens at the NY significant" but not "state significant". State Museum labelled "Lansings Grove", reportedly the Size: 6.3 acres. local name for this site, that have not yet been attached Location: to this site. corrected 2020 from 2017 mapping to bluffs just W of W end Extent on Golub Parcel: of River Bend Road in Schaghticoke plus bluffs along SW edge 40% of tract (N half); as ecosystem complex. presence confirmed of Golub tract. during December 2020 field survey. Extent on Golub Parcel: Contribution of Golub Parcel: 15% of concentration area (S 5% of tract (SW edge). presence confirmed during December 2020 edge). field survey. Location: Contribution of Golub Parcel: 40% of community (S patch). corrected 2020 from 2017 mapping to match corresponding Description: patch of rocky summit/slope ecosystem complex along Hudson steep slope with exposed shale bedrock. open canopy habitat River. dominated by low shrubs, scattered herbs, graminoids, mosses, and lichens.

58 59 Appendix 1: Ecological Surveys (Dec 2020)

Site 1. Pleasantdale Bluffs. p. 3. Site 2. Hudson River Schaghticoke (See Maps 5-8).

D. Rare Animals. A. County-important Restricted Ecosystem Complex. (Map 1) No rare animals have yet been identified from Pleasantdale Complex type: Bluffs, most of the field surveys being focused on natural Riparian complex. non-tidal, confined river, large river type community types and vascular plant species. The observed (main channel) in calcareous flats. presence of several individuals of scrub oak on the rocky Size: 1191 acres. summit and cliff community types suggests the potential for County Importance: Importance Tier 1 of 3 (most important). the state-rare moth "inland barrens buckmoth", which is Extent on Golub Parcel: known to feed primarily on that shrub. Similarly, no <1% of tract (borders entire W edge of tract, tract influences surveys for Karner blue butterfly, a globally rare moth local quality of site). characteristic of pitch pine barrens, are known to date from Contribution of Golub Parcel: <<1% of the complex (inland edge) the site. Characteristic Community Types: include Unconfined River and Riverside Sand/Gravel Bar (see E. County-Important Roadless Blocks Exemplary Natural Communities). see Hudson River Northern Rensselaer County Block below, under Associated Rare Species: Site 2 (Hudson River Schaghticoke). several county-rare plants (see Rare Plants). Description: F. County-Priority Conservation Site North Troy Hills & Bluffs. includes river, shoreline communities and associated (Map 4) floodplain. Site type: Level-2 site (mostly moderate-scale local ecosystems). Location: Description: large aggregate of rocky summit/slope complexes. Stretches along the entire non-tidal portion of the Hudson County-Importance: Tier 2 of 4 site (moderate county River from the Washington County line downstream to the priority). Federal Dam in Troy. Only the Rensselaer County part of Size: 1168 acres. this complex has been mapped to date. The complete site Ecosystem Complex Composition: extends N into Washington County and W into Saratoga County. includes complexes associated with Bald Mountain Brunswick, Oakwood Cemetery Troy, Pleasantdale Bluffs, and River Road B. Constituent Exemplary Natural Communities. (Map 5) Schaghticoke. Extent on Golub Parcel: 40% of parcel. Unconfined River Contribution of Golub Parcel: 2% of conservation site. Regional Conservation Importance: County Priority 2 of 4 (co-exemplary). likely "state significant". Size: 949 acres. Location: representing entire non-tidal portion of Hudson River from Washington County line downstream to Federal Dam in Troy; only the Rensselaer County part of this community has been mapped; it extends N into Washington County and W into Saratoga County. Extent on Golub Parcel: <<1% of tract (borders entire W edge of tract; tract influences local quality of large community example). Contribution of Golub Parcel: <<1% of community border. Description: wide, slow flowing, moderately deep river dominated by run and pool microhabitats, relatively confined within shale

60 61 Appendix 1: Ecological Surveys (Dec 2020)

Site 2. Hudson River Schaghticoke. p. 2. Site 2. Hudson River Schaghticoke. p. 3.

stream terraces in a moderately wide valley. local quality of large site). Contribution of Golub Parcel: <<1% of habitat. Riverside Sand/Gravel Bar A 37-acre county co-exemplary site for this community type has E. County-Important Aquatic Network been mapped along the Hudson River 1.8 miles to the north Hudson River Main Channel (Network AN62) (Map 6) of the Golub parcel in Schaghticoke. One patch of this Network type: main channel, non-tidal network. community is believed to be present on the Golub tract (but Size: 4002 acres/14.5 stream miles. was under snow during the December 20, 2020 field survey). County Importance: Priority Tier 1 of 4 (most important). If intervening patches are present upstream within 1.0 Extent on Golub Parcel: miles, the Golub patch would be lumped into this exemplary NW 70% of tract (as coarsely modelled with assistance from occurrence. The community was mapped using air photos; RLT). field surveys allow a much more precise mapping of this Contribution of Golub Parcel: <<1% of network. community, which typically occurs as narrow, linear bands Network Composition (on Golub parcel): that are difficult to detect on air photos. forested "riparian strips" coarsely mapped based on regional land cover database; a more precise local mapping using air C. Rare Plants. photos and field evaluation would probably extend the Although no rare plant concentration area has been mapped yet forested buffer boundary eastward to cover 80% to 90% of to this aquatic-based site, pending sufficient surveys of the tract. its shoreline and nearshore areas, at least one county-rare plant was observed on the Golub tract within this site: F. County-Important Roadless Blocks (Map 7) cocklebur. Several individuals of this county watch list Although the Golub parcel is not situated within a Level-4 plant were observed on a shoreline community of the Hudson (strictest level) regionally important forest matrix block, River, probably Riverside Sand/Gravel Bar (but buried under it is mapped within a large "aquatic matrix block", the Hudson deep snow during the December 2020 field survey). Other River Northern Rensselaer County block. county-rare shoreline plants are suspected from this site and would be most detectable during the growing season. Hudson River Northern Rensselaer County Block. Location: D. Important Animal Habitats This block includes the Hudson River from the Washington County Importance: Conservation priority 4 of 7 County line south to the Federal Dam in Troy, plus lands ("concentrated"). eastward to the first public road, constituting a narrow Size: 949 acres. (corresponding to Unconfined River) buffer inward of the river. While the concept should Animal Concentration Area Composition: ideally include similar land N of the county line in 1 known probable animal concentration area (odonates). Washington County and W of the river in Saratoga and Other potential concentration areas are likely (large river Albany Counties, only the Rensselaer County "subsite" fish, shorebirds, riparian birds), but information is not was precisely mapped. yet available for analysis. Additional areas would raise Size: 11089 acres. the importance level of this site, if confirmed. County-Importance: Priority Tier 1 of 4. Rare Species Composition: Extent on Golub Parcel: 100% of tract. 3 known state & county-rare animal taxa (odonates), all Contribution of Golub Parcel: <<1% of block. documented with NY Natural Heritage Program. Location: G. County-Important Forest Corridors. Boundary follows that for exemplary Unconfined River Although the parcel is not within a mapped regionally important community. forest corridor, being situated in the general urban setting Extent on Golub Parcel: of Troy, it is contained within an important "aquatic corridor" <<1% of tract (borders entire W edge of tract; tract influences (see information on county-important aquatic networks and

62 63 Appendix 1: Ecological Surveys (Dec 2020)

Site 2. Hudson River Schaghticoke. p. 4. Feature Concepts and Definitions.

roadless blocks). County-Important Restricted Ecosystem Complexes the largest, most intact, and most ecologically-important examples of H. County-Priority Conservation Site Hudson River Corridor. (Map ecosystem complex types with restricted distribution and total size 8) in Rensselaer County, thought to be the best set of sites necessary Site type: Level-1 site (large regional landscapes). to conserve the complete diversity of natural community types and Description: large important aquatic corridor. native biota of those complexes in the county. Restricted types County-Importance: Tier 1 site (highest county priority). include rocky summit/slopes, wetlands, lakes, and riparian areas. Size: 13662 acres. Habitats typically delineated based on air photo interpretation of Site Composition: natural community types, hydrology, topography, geology, and soils. includes river plus adjacent areas, especially with natural cover, deemed important to maintain the high water quality County-Important Natural Communities and native biota of the river. includes a strip throughout the largest, most intact, and most ecologically important ("exemplary") the W edge of Troy. examples of every natural community type in Rensselaer County, Extent on Golub Parcel: 100% of parcel. representing the "benchmark" for its biodiversity composition, Contribution of Golub Parcel: <<1% of conservation site. condition/quality, and landscape setting relative to all other examples of the community type within the county. Types follows standard state classification of ecological community types (New York Natural Heritage Program).

64 65 Appendix 1: Ecological Surveys (Dec 2020)

contribute most to the high water quality and native biota composition of the stream system: 1) riparian corridors [buffer strips] directly along the stream system, typically its mainstem, and 2) wider intact subcatchment areas, typically in headwater positions. Feature Concepts and Definitions. p. 2

County-Important Roadless Blocks Table 1. Rare Species of Pleasantdale Bluffs Ecosystem Complex site. the largest, most intact, and most ecologically-important "blocks" in Rensselaer County, thought to be the best set of sites that 1) contain Species Name Subsite Presence (# individuals) a matrix of natural communities characteristic of the local Scientific Common Schaghticoke Golub Parcel physiographic area and 2) are necessary to conserve the complete diversity of native biota of the county (especially large forest 1. State Rare (3) mammals and species vulnerable to disturbances associated with disturbance corridors such as roads). Roadless blocks, like "city Juglans cinerea Butternut 1 not yet found Polygonum tenue Pleated-Leaved Knotweed 8 not evaluated blocks", are bounded by public roads and have no internal public road Rosa acicularis Bristly Rose 50 not evaluated "bisections". "Aquatic blocks" are bisected by dams rather than roads, specifically those with high bridges over water that do not 2. County Active List (8) impede water flow and movement of aquatic biota. Carex umbellata Parasol Sedge present not evaluated County-Important Forest Corridors. Crocanthemum canadense Frostweed 10 not evaluated the widest, most intact, and most ecologically important forest Cyperus lupulinus Eastern Flat Sedge 50 not evaluated ("wildlife") corridors in Rensselaer County, connecting a related Galium pilosum Hairy Bedstraw 40 present set of county-important forest landscapes to form one connected Quercus prinoides Dwarf Chinquapin Oak present not yet found "forest network". Selaginella rupestris Rock Spikemoss present not evaluated Solidago squarrosa Stout Goldenrod 5 probably found Symphyotrichum patens Late Purple Aster present not evaluated County-Priority Conservation Sites the most important ("priority") large to moderate-scale biodiversity 3. County Watch List (13) conservation sites in Rensselaer County, the complete set of which is designed to represent a group with the least amount of sites needed Abietinella abietinum Wiry Fern Moss present not evaluated to conserve all native/natural biodiversity and ecological features Amelanchier sanguinea Round-Leaved Shadbush present probably found of the county. Andropogon gerardi Big Bluestem present not evaluated Arabidopsis lyrata Lyre-Leaf Cress 100 not evaluated Asplenium trichomanes Maidenhair Spleenwort 50 not evaluated Borodinia canadensis Sicklepod present not evaluated Drymocallis arguta Tall Cinquefoil not yet found ~10 Houstonia longifolia Long-Leaved Bluets present not evaluated Lechea intermedia Large-Podded Pinweed 5 not evaluated Lespedeza violacea Wand-Like Bush Clover 5 not evaluated Polygonatum biflorum (commutatum) Large Solomon's-Seal present not evaluated Quercus ilicifolia Scrub Oak present ~5 Woodsia ilvensis Rusty Woodsia 20 not evaluated

66 67 Appendix 1: Ecological Surveys (Jan Update) Ecological Survey Updates Jan 2021

FROM: David Hunt, Ecological Intuition & Medicine delineate areas where I have observed rare species to date, relying heavily on Rensselaer County Biodiversity Greenprint Project the community map plus also air photo interpretation and topographic contours. RE: Pleasantdale Bluffs, City of Troy. (Golub Parcel). No map of specific important animal concentration areas has yet been created, Supplemental Biodiversity Information due to the high uncertainty of both the identity and any associated boundary DATE: January 14, 2021 ------of many types. However, the observed beaver lodge was added to the rare species map (Code=BL*). All of these areas fall within the larger "Hudson River Thanks for requesting more of my help to provide information on the ecological Schaghticoke" important animal habitat site. importance of the Golub parcel in North Troy, part of the larger "Pleasantdale Bluffs" important ecosystem complex. As promised, I now provide more detailed Sincerely in Biodiversity Conservation, biodiversity information, updated from our January 12, 2021 field visit, with improved abilities to make field observations due to melting of the prior snow cover. As mentioned, field observations that contribute any further detailed David Hunt, Ph.D. Ecologist. Grafton, NY. important information, such as rare species, would likely need to be made Rensselaer County Biodiversity Greenprint Project during the growing season (May to September), after plants have emerged to a (Designing an Ark for the Native Species of Rensselaer County) more easily identifiable state. The only further improvements I can think of 348 Jay Hakes Road; Cropseyville, NY 12052; (518) 279-4124 at this time of year would be to acquire any animal sampling information from state agencies (NYS DEC and the NY State Museum), especially for fish and macroinvertebrates associated with the adjacent reach of the Hudson River.

68 69 Appendix 1: Ecological Surveys (Jan Update) Pleasantdale Bluffs: Significance of Ecological abundant spent shells, I suspect a "riverine mollusk concentration area" in the river next to the site, however, confirmation would need to involve Features shallow underwater observations, best made between May and September. Key Ecological Findings from the Golub Parcel, January 12, 2021 Survey Although the beaver lodge was mapped and it could be a component of an January 14, 2021 "aquatic mammal concentration area", observations of other species would be needed for this designation. Many pieces of information needed for Key updated findings from observations of small-scale ecological features confirmation of important animal habitat require patience and the presence during the January 12, 2021 field survey are summarized below. of someone onsite for extended periods of time or the perfect time for observations. 1. Ecological Communities (Map 1, Tables 1-2). More precise and detailed information on the 3 natural communities observed onsite that have county to state importance (Shale Cliff & Talus Community, Riverside Sand/Gravel Bar, and Pitch Pine- Oak-Heath Rocky Summit) include precise maps and analyses to confirm their regional importance. The Riverside Sand/Gravel Bar probably meets the criteria for "state significance", although not yet documented in the databases of NY Natural Heritage Program (of NYS DEC). All 3 community types are "county rare" and the cliff community is also "state rare". The example of latter community onsite comes close to meeting criteria for "state significance". Although the patches of Pitch Pine-Oak-Heath Rocky Summit onsite are very small and narrow, especially compared to those to the north within the Pleasantdale Bluffs complex, sufficient observations have now been made to map this community on the Golub parcel.

70 71 Appendix 1: Ecological Surveys (Jan Update)

Pleasantdale Bluffs: Significance of Ecological Site 1. Pleasantdale Bluffs. p. 2.

Features C. Rare Plant Concentration Area. (see Map 2) Revisions and Additions to December 2020 Summary. January 14, 2021 Species Composition: (Dec 2020) with 17 county rare species/1 state rare species (1 state watch Revisions and additions to the December 2020 summary submitted to the Troy list, 7 county active list, 10 county watch list) documented for 2017 county City Council are made to excerpts from that document and noted below by the conservation plan; expanded in December 2020 to 24 county rare symbol "***". species/3 state rare species (1 state active list, 2 state watch list, 10 county active list, 14 county watch list). Site 1. Pleasantdale Bluffs. ***January 2021 update (see Table 3): 5 of these taxa were found on the Golub tract during a December 2020 survey (1 county active list, 4 county B. Constituent Exemplary Natural Communities. (see Map 1) watch list); 4 additional rare plant species were found on the tract during the January 2021 survey (2 county active list, 2 county watch list). Shale Cliff & Talus Community (SCTC4) One plant species new to the entire ecosystem complex was found on Size: 6.3 acres. ***corrected to 1.6 acres. the parcel: rock sandwort (Sabulina michauxii), located on the Shale Location: Cliff & Talus Community. cumulative tally for the complex expanded (Dec 2020) corrected 2020 from 2017 mapping to bluffs just W of W end in January 2021 to 25 county rare species/3 state rare species (1 of River Bend Road in Schaghticoke plus bluffs along SW edge of state active list, 2 state watch list, 10 county active list, 15 county watch list). Golub tract. Information on individual species, updated from the January 2021 ***Jan 2021: additional small patch added at NW corner of Golub tract survey, are shown in Table 3, along with the newly added certainty in town of Schaghticoke. patch along SW edge of Golub tract slightly of their identifications. expanded based on more precise air photo interpretation coupled with (Dec 2020) Several additional rare plant species are expected, ground truthing. associated with historical specimens at the NY State Museum labelled Extent on Golub Parcel: "Lansings Grove", reportedly the local name for this site, that have ***5% of tract (SW edge and NW corner). presence confirmed during not yet been attached to this site. December 2020 and January 2021 field surveys. Extent on Golub Parcel: Contribution of Golub Parcel: (Dec 2020) 40% of tract (N half); as ecosystem complex. presence ***60% of community (S and middle patches). confirmed during December 2020 field survey. ***presence on parcel strengthened January 2021 with additional species Pitch Pine-Oak-Heath Rocky Summit. of concentration area also found onsite. Size: 2.7 acres. ***corrected to 1.0 acres. Location: Location: (Dec 2020) corrected 2020 from 2017 mapping to match corresponding (Dec 2020) corrected 2020 from 2017 mapping to knoll just W of W end of patch of rocky summit/slope ecosystem complex along Hudson River. River Bend Road in Schaghticoke. ***minor changes in the site boundary to match the known extent of rare ***Jan 2021: two additional small patches added: one at NW corner of species populations are pending. Golub tract in the Town of Schaghticoke, one at the crest of the cliff along SW edge of Golub tract, both with narrow width and D. Rare Animals. transitional in nature; mapped based on more precise air photo (Dec 2020) No rare animals have yet been identified from Pleasantdale interpretation coupled with ground truthing. Bluffs, most of the field surveys being focused on natural community Extent on Golub Parcel: types and vascular plant species. The observed presence of several ***newly mapped on tract, on upper crest of cliff patches based on individuals of scrub oak on the rocky summit and cliff community types December 2020 and especially January 2021 field surveys. suggests the potential for the state-rare moth "inland barrens transitional in nature between cliff and forest communities, but buckmoth", which is known to feed primarily on that shrub. Similarly, areas with canopy naturally open enough in both patches, the NW no surveys for Karner blue butterfly, a globally-rare moth corner patch due to exposed shale surface, the SW edge patch due, in characteristic of pitch pine barrens, are known to date from the site. part, to beaver cuttings. An additional area on the highest knoll ***January 2021 update: See Site 2 for the relevance of any observations of the tract is deemed to have probably undergone succession to of animals onsite. Appalachian Oak-Pine Forest but was likely this community type in the past, now with species like scrub oak as a suspected remnant of this former community type. Contribution of Golub Parcel: ***20% of community (S and middle patches).

72 73 Appendix 1: Ecological Surveys (Jan Update)

Site 2. Hudson River Schaghticoke detect in winter condition. Several additional state- to county-rare aquatic plants have strong potential to be present in the adjacent B. Constituent Exemplary Natural Communities. (see Map 1) Hudson River waters and would ideally require searches between May and September. Riverside Sand/Gravel Bar (Dec 2020) A 37-acre county co-exemplary site for this community type has been mapped along the Hudson River 1.8 miles to the north of the Golub parcel in Schaghticoke. One patch of this community is believed to be present on the Golub tract (but was under snow during the December 20, 2020 field survey). If intervening patches are present upstream within 1.0 miles, the Golub patch would be lumped into this exemplary occurrence. The community was mapped using air photos; field surveys allow a much more precise mapping of this community, which typically occurs as narrow, linear bands that are difficult to detect on air photos. ***January 2021 update: Two narrow, linear patches of this community, previously under deep snow cover, were confirmed on the Golub tract during a January 12, 2021 field survey, in a shoreline mosaic with smaller patches of Cobble Shore and Shoreline Outcrop. If small intervening patches are present upstream within 1.0 miles, as expected, the Golub patch would be lumped into this exemplary occurrence, representing the southern extent of that long occurrence. Patches on the Golub tract were newly mapped using air photo interpretation coupled with ground truthing from the field survey. The community occurrence was originally mapped in 2017 using only air photos, pending field surveys which are necessary to allow a much more precise mapping of this community type, which typically occurs as narrow, linear bands that are difficult to detect on air photos (such as any aforementioned intervening patches).

74 75 Appendix 1: Ecological Surveys (Jan Update)

Site 2. Hudson River Schaghticoke. p. 2. been field confirmed by multiple experts. Those nesting individuals are suspected to be using a long stretch of the river for feeding territory. I am less sure of D. Important Animal Habitats any "roosting territory" which could include large trees along the river that could serve as a vantage point to scout fish for food, such as the several large trees, Animal Concentration Area Composition: especially red oak, observed along the shore of the Golub tract. No nests have (Dec 2020) 1 known probable animal concentration area (odonates). Other been observed on the Golub parcel to date. potential concentration areas are likely (large river fish, shorebirds, riparian birds), but information is not yet available An additional odonate concentration area is apparently inferred from for analysis. Additional areas would raise the importance level of the adjacent Hudson River based on important animal habitat mapped this site, if confirmed. by the NY Natural Heritage Program (of NYS DEC). Onsite assessment ***January 2021 additions: observations and reports of multiple of odonate presence and abundance are ideally made from about June characteristic animals may suggest the potential for additional to August. "animal concentration areas" within this mapped site, but more information is needed on any additional species or concentration abundances. The following need further evaluation. Site 2. Hudson River Schaghticoke. p. 3.

1. Aquatic mammal concentration area. a beaver lodge, suspected to be D. Important Animal Habitats (continued) currently active, was noted at the base of the Intermittent Stream on the Golub parcel. Coupled with evidence of numerous beaver-cut trees along most of the Rare Species Composition (see Map 2): western edge of the tract and first-hand observations of beaver along the shore of (Dec 2020) 3 known state & county-rare animal taxa (odonates), all the tract, it is certain there has been an active resident beaver on the tract in documented with NY Natural Heritage Program. recent times. Presence of another aquatic mammal, usually otter and/or muskrat, is ***January 2021 additions: Bald eagle (Haliaeetus leucocephalus) is a state usually necessary to designate an "aquatic mammal concentration area". rare animal. Its feeding territory, although not explicitly mapped Observations of a muskrat to the north at Pleasantdale Bluffs proper during a September 2020 field survey further suggests the presence of such an area. as a county-important animal habitat, as noted above, has apparently been mapped as a state-important animal habitat by NYS DEC. The 2. Riverine mollusk concentration area. numerous spent shells of two mollusk sharp hornsnail (Pleurocera acuta), mentioned under a potential riverine species were found along the shoreline of the river on the Golub parcel: pea (or mollusk concentration area above, is also state rare. It is tracked pill or fingernail) clam (Sphaerium sp.) and sharp hornsnail (Pleurocera acuta), by the NY Natural Heritage Program of NYS DEC as a "state watch suggesting that these two species are abundant in the bed of the adjacent river and list" species (i.e., a "moderately state rare" species), with a rarity rank the presence of a nearby mollusk concentration area. Confirmation of such an area of "S3", thus it would also be designated as "county rare". would be strengthened by further evidence that the shells are derived from living Although I used two technical keys for its identity, I am less individuals in adjacent or nearby upstream areas of riverbed plus observations of skilled with animal identifications than with plants, but I am additional mollusk species, with common elliptio (Elliptio complanata) most relatively certain of this species and I intend to forward a expected. Such records of mollusks might be kept in files of the NYS DEC water specimen to a statewide mollusk expert for confirmation/evaluation. quality unit or NY State Museum, if any nearby sites have been historically sampled. Inferences might be made, for example, from the reference "Freshwater The technical reference book I used, the prime taxonomic reference Snails of New York State", which has statewide dot maps for all freshwater snail for NY freshwater snails (Jokinen 1992: The Freshwater Snails of New species. York State), cites historical observations of this snail from the adjacent reach of the Hudson River in North Troy during the 1980s, 3. Shorebird concentration area. the call and tracks of spotted sandpiper were so it makes sense that it could still be here 40 years later. noted during the January 2021 field survey, suggesting potential for a shorebird concentration area. Further evidence would be needed to determine if such an area G. County-Important Forest Corridors. exists onsite, especially during ideal times of the year, thought to be between (Dec 2020) Although the parcel is not within a mapped regionally-important April and September. Key evidence would include any abundance of shorebird forest corridor, being situated in the general urban setting of Troy, individuals and the diversity of shorebird species, especially distinguishing it is contained within an important "aquatic corridor" (see information shorebirds from waterfowl and riparian bird species, treated as separate on county-important aquatic networks and roadless blocks). concentration area types. ***January 2021 additions: Observations of multiple dens and abundant tracks of what was suspected to be a red fox were noted along the 4. Bald eagle habitats. one report of a bald eagle feeding on a fish in the soiled clay banks of the river on the Golub parcel during a December river offshore of the tract has been made. To date, only nesting sites have been designated as county important for bald eagle, and they are also state important. 20, 2020 field survey, suggesting the presence of a potentially viable Although feeding territory for bald eagle was not designated an important animal forest corridor associated with the aquatic network (Feature 2-E) and habitat in the county conservation plan, such areas have some county importance, aquatic matrix block (Feature 2-F). often correlated with other county-important ecological features, especially ***January 2021 additions: Observations of one pileated woodpecker, a aquatic-based ones. However, the specific feeding territory in the adjacent Hudson characteristic forest-interior bird, on the Golub parcel during a River is apparently mapped as "state-important animal habitat" at NYS DEC and January 12, 2021 field survey also suggest the presence of a probably follows a "feeding territory" concept, especially for nesting individuals. potentially viable forest corridor associated with the aquatic network A nesting site is known about 1.5 miles to the north of the Golub parcel and has (Feature 2-E) and aquatic matrix block (Feature 2-F).

76 77 Appendix 1: Ecological Surveys (Jan Update)

Map 1. Ecological Communities Map 2. Rare Species Populations

Schaghticoke Al SCTC PORS QiSs cult Schaghticoke

AOH

RSGB Pa Qc

AOP

BL*

AOH AlQc

PORS Qi Ss Troy Troy WiSr Sm

Gb SCTC Li AOP SmSsWi Al

cult RSGB Xs

78 79 Appendix 1: Ecological Surveys (Jan Update)

Table 3. Rare Species of Pleasantdale Bluffs Ecosystem Complex site. Table 1. Ecological Communities of the Parcels. Composition & Importance. Species Name Subsite Presence (# individuals) Community Name (Parcel Map Code)Community Type Acres Est.Rank Est.Max.Importance Scientific (Parcel Map Code) Common Schaghticoke Golub Parcel/ID certainty Appalachian Oak-Hickory Forest (AOH) Natural/Upland Forest 2.1/~10 C local (Troy riverfront) 1. State Rare (4) Appalachian Oak-Pine Forest (AOP) Natural/Upland Forest 6.0/~50 CD local (Troy riverfront) Plants (3) (includes Successional Southern Hardwoods) Juglans cinerea Butternut 1 not yet found Intermittent Stream (IS) Natural/River 0.09/0.09D local (Troy riverfront) Polygonum tenue Pleated-Leaved Knotweed 8 not yet found Pitch Pine-Oak-Heath Rocky Summit (PORS) Natural/Upland Barrens 0.2/1.0 C Rosa acicularis Bristly Rose 50 not yet found county (co-exemplary) Animals (1) Riverside Sand/Gravel Bar (RSGB)Natural/Upland Open Canopy 0.7/38.0 Bcounty (co-exemplary) Pleurocera acuta (Pa) Sharp Hornsnail not yet found ~100 confirmed Jan 2021 (80% /state significant certainty) (includes Shoreline Outcrop and Cobble Shore) Shale Cliff and Talus Community (SCTC) Natural/Upland Open Canopy 0.9/1.6 C 2. County Active List Plants (8) county (near-exemplary) cultural (cult) Cultural 1.9/- NA none Carex umbellata Parasol Sedge present possibly observed Jan 2021 (20% (includes younger successional areas) Natural/Upland successional certainty) Crocanthemum canadense Frostweed 10 not yet found Notes: Acres = on parcel/entire occurrence; Rank estimated for entire occurrence. Cyperus lupulinus Eastern Flat Sedge 50 not yet found Quercus prinoides Dwarf Chinquapin Oak present probably not present Sabulina michauxii (Sm) Rock Sandwort not yet found ~30 confirmed ------Jan 2021 (80% certainty) Selaginella rupestris (Sr) Rock Spikemoss present Table 2. Natural Community Regional Importance Analyses 3 confirmed Jan 2021 (100% certainty) Solidago squarrosa (Ss) Stout Goldenrod 5 ~200 confirmed Jan 2021 (90% certainty) Complete Occurrence...... Symphyotrichum patens Late Purple Aster present not yet found Community...... Rank Estimates...... Significance...... 3. County Watch List Plants (14) Rarity...... Community Name Acres Size Condition Landscape Occurrence County Vascular Plants (13) State County State Amelanchier sanguinea Round-Leaved Shadbush present not yet found Pitch Pine-Oak-Heath Rocky Summit 1.0 D BC BC C Y** N Y Andropogon gerardi Big Bluestem present N~ probably not present Riverside Sand/Gravel Bar 38.0 AB BC BC B Y** Y Y N~ Arabidopsis lyrata (Al) Lyre-Leaf Cress 100 ~50 Shale Cliff and Talus Community 1.6 D B BC C(BC) Y* N? Y Y confirmed Jan 2021 (100% certainty) Asplenium trichomanes Maidenhair Spleenwort 50 Notes: * = also county near-exemplary; ** = also county co-exemplary. not yet found Borodinia canadensis Sicklepod present ------not yet found Drymocallis arguta (Da) Tall Cinquefoilnot yet found ~10 confirmed Dec 2020 (90% certainty) Galium boreale (Gb) Northern Bedstraw 40 ~20 confirmed Jan 2021 (95% certainty) Houstonia longifolia Long-Leaved Bluets present not yet found Lechea intermedia (Li) Large-Podded Pinweed 5 ~5 confirmed Dec 2020 (95% certainty) Lespedeza violacea Wand-Like Bush Clover 5 not yet found Polygonatum biflorum var. commutatum Large Solomon's-Seal present not yet found Quercus ilicifolia (Qi) Scrub Oak present ~30 confirmed Jan 2021 (100% certainty) Woodsia ilvensis (Wi) Rusty Woodsia 20 ~50 confirmed Jan 2021 (70% certainty)

80 81 Non-Vascular Plants (1) Abietinella abietinum Wiry Fern Moss present not yet found

------

Table 4. Important Animal Habitats on and near the Golub Parcels.

Animal Group Habitat Type CertaintyEcosystem Known Component Features

Notes: certainty = certainty of habitat type on and/or adjacent to the parcel (e.g., a "concentration" area)

82 83 Appendix 2: Comprehensive Plan

Appendix 2 Quoted from public record, as submitted by Scenic Hudson COMPREHENSIVE PLAN ANALYSIS

September 9, 2020 Rezonings must be in accordance with Comprehensive Plans The requested rezoning would directly conflict with Realize Troy’s recommendations—and, therefore, the By email: [email protected] community’s vision—for the subject parcel. If it were to be in the best interest of the City of Troy and its residents to commit this undeveloped, wooded parcel to high density development, in this case 240 apartments, Ms. Carmella Mantello, President one would think that Realize Troy would have recommended this parcel for higher density uses as a Major and Members of the City Council Reinvestment Area. However, Realize Troy envisions just the opposite. City of Troy 433 River Street, Suite 5001 N.Y. General City Law Section 28-a(12) requires that “All city land use regulations must be in accordance with a Troy, NY 12180 comprehensive plan adopted pursuant to this section.” Scenic Hudson believes that a rezoning from Single Family Residential to Planned Development would not be in accordance with the Comprehensive Plan’s Subject: Ordinance Authorizing Amendment Of City Of Troy Zoning Map Established By Troy Code designation of Low Rise Residential and would therefore violate N.Y. General City Law Section 28-a(12). Section 285-49 (A) To Rezone Tax Map Parcel Number 70.64-1-1 On 2nd Avenue In North Troy From R-1 Single Family Residential Detached To P Planned Development Further, according to the New York State Department of State "New York’s zoning enabling statutes (the state statutes which give cities, towns and villages the power to enact local zoning laws) require that zoning laws be Dear Ms. Mantello and Members of the City Council: adopted in accordance with a comprehensive plan. The comprehensive plan should provide the backbone for the local zoning law." https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf Scenic Hudson is writing to urge the Troy City Council to deny the rezoning request referenced above on 2nd Avenue from R-1 (Single Family Development--Detached) to P (Planned Development). Such a rezoning would Realize Troy’s vision for the subject parcel not be in accordance with the recently adopted Realize Troy Comprehensive Plan (2018) as required by N.Y. First and foremost, the Comprehensive Plan (Map 14) identifies the subject tax parcel as "low rise residential" General City Law Section 28-a(12). (see Appendix A attached to this letter). The parcel is currently zoned R-1 (Single Family Residential—Detached) which would permit approximately 10 single family homes on the site. The concept plan submitted in Realize Troy Comprehensive Plan—its purpose and how it was created association with this rezoning requests proposes 240 multi-family units, a land use with density wholly Urban Strategies, Inc., the planning firm hired by the City to craft Realize Troy, describes the Comprehensive inconsistent with low rise residential and would therefore not be in accordance with the Comprehensive Plan as Plan as a three-part community planning initiative: an economic strategy, a waterfront master plan, and a city- required by N.Y. General City Law Section 28-a(12). wide comprehensive plan. According to Urban Strategies, the planning process was based on a “strong focus on public consultation, both in-person and using a variety of social media channels, and aimed to establish a clear Further, one of the “action strategies” proposed in Realize Troy Comprehensive Plan is the establishment of vision and set of action strategies to address both the current and future needs of the City” (emphasis added). seven “Major Reinvestment Areas.” According to Realize Troy:

Further, Urban Strategies’ website states that the Comprehensive Plan established “a clear community-based “Major reinvestment areas are locations in the city in most need of renewal and which also have the vision and action plan to guide the city’s overall development over the next 20 years” (emphasis added) and potential to accommodate most of the population and employment growth planned for Troy. Strategic Realize Troy identified “short and longer-term community needs, reinforced and confirmed a set of broadly initiatives in these areas are intended to catalyze neighborhood revitalization, transform derelict supported community goals and created a blueprint for future government actions” (emphasis added). portions of the waterfront and spark economic development. They include large-scale redevelopment opportunities that can result in distinct new employment and mixed-use areas, sites appropriate for SOURCE: https://www.urbanstrategies.com/project/realize- significant park and other public realm improvements and areas for neighborhood growth and troy/#:~:text=Realize%20Troy%20is%20a%20three,a%20city%2Dwide%20comprehensive%20plan.&text=It%20w revitalization.” ill%20establish%20a%20clear,over%20the%20next%2020%20years. Realize Troy, page 68

Scenic Hudson’s recommendations are prefaced with the City’s Planning consultant’s description of the These Major Reinvestment Areas are the places envisioned by the community as priorities for renewal, Comprehensive Plan’s purpose, as well as and the robust public participation on which the plan, its vision for the neighborhood revitalization and large-scale development. City, and its land use recommendations are based.

1 2

84 85 Appendix 2: Comprehensive Plan

Attachment A

Realize Troy, Map 14, Land Use

The Plan identifies two Major Reinvestment Areas in Lansingburgh. One area includes the Hannaford’s parcel immediately to the south of the subject parcel. Realize Troy conceptually proposes redeveloping the Hannaford’s site with a large building fronting 126th Street, parking behind the building, and mixed-use 1-4 story residential buildings with required ground floor retail fronting 2nd Avenue (see Revitalize Troy, page 71 and 72; also attached here as Appendices B-1 and B-2). Realize Troy does NOT propose extending this mixed-use development—nor any high-density development, including apartments as proposed in this rezoning—onto the undeveloped, wooded parcel to the north.

Conclusion During the development of the Realize Troy, undertaken with robust public involvement and adopted by the City Council just two years ago, it was not anticipated that the undeveloped, wooded subject parcel (Tax Map Parcel Number 70.64-1-1), zoned R-1 and identified in the Comprehensive Plan as Low Rise Residential, would be an appropriate place for intense development. If so, the adjacent Major Reinvestment Area would have been extended to include this parcel. Further, Realize Troy specifically includes this parcel in the “Low Rise Residential” land use category. Therefore, the requested rezoning would not be in accordance with the Comprehensive Plan.

In light of the above Scenic Hudson urges the Troy City Council to deny the application to rezone Tax Parcel Number 70.64-1-1 on 2nd Avenue from R-1 (Single Family Development) to P (Planned Development). Such rezoning would not be in accordance with the Comprehensive Plan as required by N.Y. General City Law Section 28-a(12).

Thank you.

Sincerely,

Jeffrey Anzevino, AICP Director of Land Use Advocacy

Attachments Appendix A Appendix B-1 Appendix B-2 Note: Subject parcel is designated in area for Low-Rise Residential

86 87 Appendix 2: Comprehensive Plan

Attachment B-1 Attachment B-2

Realize Troy, Map 14, Land Use Realize Troy, Major Reinvestment Areas

Note: Adjacent Hannafords site in Majpr Note: Adjacent Hannafords site in Majpr Reinvestment Area and proposed for redevelopment Reinvestment Area and proposed for redevelopment with building fronting 126th Street, parking behind, with building fronting 126th Street, parking behind, and 1-4 story residential; buildings with ground floor and 1-4 story residential; buildings with ground floor retail retail

Note: Subject parcel is NOT in Major Reinvestment Area and Note: Subject parcel is NOT in Major Reinvestment Area and designated as for Low-Rise Residential designated as for Low-Rise Residential

88 89 Appendix 3 Appendix 4 Department Of State Opinion STORMWATER AND ECOSYSTEMS

6WDWHPHQWRI From: Oneill, Kristin (DOS) [email protected] -DPHV.UXHJOHU Subject: RE: Residents-Only restriction for public meeting at public meetings at the City of Troy UG 6WUHHW7UR\1< Date: September 9, 2020 at 3:11 PM

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LQIRUPDWLRQWKDWWKHVHSURPLVHVFDQQRWKRSHWREHLQYHVWLJDWHGZLWKDQ\ULJRU2QWKLVSRLQW DORQHWKH3ODQQLQJ&RPPLVVLRQDQGWKH&LW\&RXQFLOVKRXOGQRWFRQVLGHUUH]RQLQJXQWLODPRUH GHWDLOHGTXDQWLWDWLYHDVVHVVPHQWRIWKHSURSRVHGGHYHORSPHQWLVSXWIRUZDUG I hope this information proves useful. &RQVLGHULQJWKHSRWHQWLDOQHJDWLYHLPSDFWVRIWKHSURSRVHGUH]RQLQJDQGDVVRFLDWHG Sincerely, GHYHORSPHQW,DOVRVWURQJO\XUJHWKH3ODQQLQJ&RPPLVVLRQDQGWKH&LW\&RXQFLOWRPDNHD SRVLWLYH6(45$ 6WDWH(QYLURQPHQWDO4XDOLW\5HYLHZ$FW GHFODUDWLRQ3HUWKH6(45$ZKHQD GHYHORSPHQWSURMHFWRIWKLVVL]HUHTXLUHVDSURSHUW\EHUH]RQHGWKHUH]RQLQJLVDUHYLHZDEOH DFWLRQXQGHUWKH6(45$7KHGHYHORSHUPXVWDOVRLGHQWLI\WKH]RQLQJFKDQJHWKH\QHHGDVSDUW RIWKHSURMHFW¶V(QYLURQPHQWDO$VVHVVPHQW)RUP ($) ,WLVFULWLFDOWKDWDOODQWLFLSDWHGGHFLVLRQV DUHLGHQWLILHGIURPWKHVWDUWLQWKH($)VRWKDWWKHSRWHQWLDOHQYLURQPHQWDOLPSDFWVDVVRFLDWHG Kristin O’Neill ZLWKWKHPFDQEHFRQVLGHUHGWRJHWKHU)RUDSURMHFWRIWKLVVL]HUH]RQLQJFDQQRWEHFRQVLGHUHG Assistant Director, Committee on Open Government VHSDUDWHO\IURPWKHSURSRVHGGHYHORSPHQWLWVHOIWKLVZRXOGFRQVWLWXWH³VHJPHQWDWLRQ´FRQWUDU\ WRWKHLQWHQWRI6(45$ New York State Department of State ,WLVP\RSLQLRQWKDWDFKDQJHLQ]RQLQJFRGHZRXOGEHDQHQRUPRXVPLVWDNHDQGVRWKH One Commerce Plaza, Albany, NY 12231 3ODQQLQJ&RPPLVVLRQVKRXOGUHFRPPHQGDJDLQVWLW7KHXQLTXHHFRORJ\KLVWRU\DQG (518) 474-2518 DUFKHRORJ\RIWKLVVLWHLWVORFDWLRQDORQJWKH+XGVRQ5LYHUDQGLWVHFRV\VWHPVHUYLFHVDOOZRXOG EHGHJUDGHGRUORVWE\DKLJKGHQVLW\]RQLQJ)RURYHUWKUHHKRXUVRQ6HSWHPEHUWKWKH http://www.dos.ny.gov/coog/ SXEOLFFRPPHQWHGLQRSSRVLWLRQWRWKLV]RQLQJFKDQJHDQGWKHGHYHORSPHQW7KHUHZDVQRWRQH FRPPHQWE\DPHPEHURIWKHSXEOLFLQVXSSRUWRIWKLV]RQHFKDQJHDQGWKHDVVRFLDWHG GHYHORSPHQW7KHORVVHVZHZRXOGLQFXUIURPUH]RQLQJDQGGHYHORSPHQWDUHIDUWRRKLJK,WLV DEXQGDQWO\FOHDUWKHSXEOLFLVQRWZLOOLQJWRSD\WKDWSULFHDQGQHLWKHUVKRXOGWKHFLW\

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90 91 Appendix 1: Ecological Surveys (Jan Update) Appendix 5 WRITTEN OPINION BY Dr. JOHN GOWDY

The economics of development favor the sort-run over the long-run Life is becoming more sedentary, and wooded areas in and near cities are becoming more scarce. Undeveloped open space will be even more important in Economic theory, and the market economy it describes, looks at the world through the future to human wellbeing. The question is, what kind of city do we want to the eyes of a single person making decisions from the point of view of the leave our children and grandchildren? immediate present. In economic jargon this is called “discounted present value.” The question is “How much is it worth to me now to get something in the future?” The discount rate indicates how quickly something losses value the further into the A discount rate calculator can be found at: https://www.aqua- future we receive it. For example, at a 5% discount rate, something worth $100 calc.com/page/discounted-present-value-calculator million if I get it today is worth $78 if delivered five years from now, and only $61 million if received 10 years from now. • Donovan, G. et al. 2013. American Journal of Preventative Medicine, 44(2),139- 145. DOI: 10.1016/j.amepre.2012.09.066 Consider the benefits of developing a natural, forested area, compared to the John Gowdy, Professor of Economics, Emeritus, Rensselaer Polytechnic Institute benefits of preserving it. The economic benefits of development are received almost immediately—construction jobs, tax revenue, more customers for local businesses. The benefits of development are relatively large, but generally last only a few years. The benefits of preservation are relatively small, but they last indefinitely. With even a relatively low discount rate (the lower the rate the less something loses value through time) the benefits of development will overwhelm the benefits of preservation in a purely economic cost-benefit study.

But should short-term economic benefits be the only criterion for making a choice between development and preservation? Another way is to consider a development project from the point of view of someone living in the future, say 25 years from now. Using the example above, preserving something worth $100 million now will be worth only $29 million in 25 years. But from the point of view of a person living 25 years from now, its value would be $100 million. The question is “What kind of world do we want to leave for the future?” Imagine your daughter or granddaughter living in Troy 25 years from now. Would her life be better with an apartment complex or a natural wooded area? Certainly, the economic benefits of a new apartment complex should be considered, but so should the non-monetary benefits of preserving natural areas. Studies of the benefits of even short walks in wooded areas have produced some remarkable results. For example, researcher found that people who live in cities with fewer trees have greater death rates from lower respiratory tract and cardiovascular illness. (https://www.asla.org/ContentDetail.aspx?id=39564)

92 93

To: The Members of the Planning Commission

Regarding: Planning Commission Review of request for zone change from R-1 to P; 1011 2nd Avenue in Troy, NY; Written statement for Planning Commision hearing on January 28, 2021

January 28, 2021

Dear Members of the Planning Commission,

The Friends of the Mahicantuck submit this statement, as well as attached material, for the consideration of the Planning Commission in their review of a proposed rezoning of 1011 2nd Avenue.

We urge you to recommend against the rezoning.

In this letter, we identify significant inconsistencies with the law and process flaws in the current reviewing the request in zone change. On substance, we bring to your attention significant reasons for a recommendation against the rezoning.

Based on these significant inconsistencies with the law, process flaws, and substance arguments we strongly urge you to recommend against the rezoning.

1. ON MATTERS OF PROCESS AND LAW

The developer has submitted a full EAF as well as a “Project Narrative”. Additionally, the City of Troy is already acting on a request for change in zoning code (Res. 91). It must therefore be assumed that an application to approve an action, in this case at least a request for change in zoning code, was formally submitted to the city.

We draw your attention to significant process flaws and inconsistencies with the law.

1.a. SEQRA AND TIMING

SEQR should have already started: SEQR should be started “as soon as an agency receives an application to fund or approve an action”, in this case at least a request for change in zoning code. (However, as the change in zone code, per the developer’s own statements, is pursuant to a concrete development plan, considering rezoning as independent action would constitute “segmentation” in SEQRA; see 1.b.)

According to statements during the Planning Commission hearing on December 29, 2020, SEQRA did not yet start. As SEQR should start with an application, review should have started even as the Planning Commission is currently only providing recommendation to the Council.

1.b. SEQRA AND SEGMENTATION

The developer submitted an EAF with significant omissions. This EAF addresses only the rezoning and does not appropriately include the development plans itself. However, the developer explicitly stated at the Planning Commission special meeting on December 29, 2020, that the rezoning is pursuant to a specific development and submitted extensive site plans and project narratives.

A SEQRA review must review the development and include the requested rezoning as one of the “discretionary actions” (alongside amongst others the Comprehensive Plan amendment). Completing separate SERQA reviews for the rezoning and development, as if rezoning were an independent and complete action, would constitute segmentation.

The courts agree with such an assessment, as case law reaffirms — for example: Kirk-Astor Drive Neighborhood Ass’n v Town Board of Town of Pittsford, 106 A.D 2d 868, 869, 483 N.Y.S. 2d 526, 528 (4th Dep’t 1984).

However, per statements of city officials at public hearings on September 10, 2020, November 19, 2020 and December 29, 2020, the city intends to review the rezoning as independent action, which is contrary to the intent of the State Environmental Quality Review Act.

The Planning Commission should insist that Troy follow the laws, and recommend against the rezoning as premature until SEQR for the development (with rezoning as a discretionary action) is completed.

1.c. ENVIRONMENTAL ASSESSMENT FORM

The developer submitted an Environmental Assessment Form, which was made available to the public via the agenda of the upcoming meeting. A detailed analysis of this form was not possible in time due its recent publication. However, several concerning omissions and discrepancies have already been identified that we want to bring to your attention. This is provided in detail in the appendix to this letter.

The Planning Commission should insist on reviewing all facts before making a recommendation. The incomplete and inconsistent statements in the EAF are concerning in that regard, particularly given the in our opinion substantial omissions and mis-statements.

1.d. ENVIRONMENTAL JUSTICE AREA

The project site is located within a DEC designated “Potential Environmental Justice Area” (DEC CP 29). As part of the DEC Commissioner Policy 29, applicants for state permits including SEQRA are required to conduct extended public participation and outreach measures, including a written public participation plan to be submitted with an application.

We have asked for disclosure of the written participation plan, yet there was no disclosure and so we assume there is none. By all indication an application was submitted, yet a public participation plan was not disclosed — constituting a concerning inconsistency with requirements established in DEC CP 29.

This is not the time to be flouting environmental justice (EJ) concerns. The DEC designation as “Potential Environmental Justice Area” includes indigenous rights and impacts on indigenous communities. We are certain that Troy is taking such justice matters seriously. However, by flouting issues of environmental justice, the city is sending the opposite message.

We think environmental justice matters in Troy. However, the current inconsistency with legal requirements for public outreach and written outreach plans associated with the DEC Commissioner Policy on Potential Environmental Justice Areas speaks a different language.

2. ON MATTERS OF SUBSTANCE

2.a. REZONING NOW IS A “BLANK CHECK” — FOLLOW THE CORRECT PROCESS!

Should a rezoning be approved independent of site plans, the developer receives a “blank check” for any development plans permitted under the new zoning code (in this case P — Planned Development).

Approving the rezoning independent from concrete development plans would not only be inconsistent with SEQRA. It is reckless.

Any questions regarding appropriate land use for this site become immaterial once a rezoning is approved as independent from development plans. This would open the door for a much higher-density development project on the site than currently proposed. It would allow the developer to pursue a project that seeks to maximize density on the site, or sell the site to another developer with new plans.

The developer has provided significant site plans and development plans and stated explicitly that the request for rezoning is pursuant of concrete development plans.

The Planning Commission should therefore recommend against the rezoning as premature until an EAF for development was submitted and SEQR for the development (with rezoning as one of the discretionary actions) was completed. This would ensure that a rezoning is conditional to specific development plans.

This not only restores consistency with SEQRA (see 1.b.), but furthermore ensures that any rezoning does not open the door to a much higher density development project than the developer is currently presenting.

2.b. THERE IS LIMITED HOUSING DEMAND! DEVELOP STRATEGICALLY AND SMART!

The most recent Comprehensive Housing Market Analysis by US HUD (2019) explicitly states for Albany-Schenectady-Troy that housing demand is already met with housing development projects that are in existence or under construction.

This is particularly relevant, considering the high number of vacant, abandoned and neglected sites across Troy that are identified as development priorities also in the 2018 “Realize Troy” Comprehensive Plan.

Rezoning would encourage high density development at a natural site, and appears in this context as contrary to development priorities and redevelopment needs. The existence of an old housing stock and vacant sites in need of redevelopment, in combination with limited housing demand, establishes the rezoning as contrary to the City’s development needs. This is reaffirmed in the Comprehensive Plan.

The Planning Commission should therefore recommend against the rezoning.

2.c. REZONING IS INCONSISTENT WITH THE COMPREHENSIVE PLAN

Whereas the developer’s “Project Narrative” addresses some — general — aspects of the 2018 “Realize Troy'' Comprehensive Plan, the “Project Narrative” commits substantial inconsistencies with the Comprehensive Plan. For example, the “Project Narrative” does not address the fact that this area is explicitly zoned as R-1 in the Comprehensive Plan.

A detailed analysis of inconsistencies and their implications was provided in the Appendix of the 2021 “Troy’s Sacred Forest” (FotM, 2021) report submitted to the record by the Friends of the Mahicantuck on January 22, 20201. Additionally, Scenic Hudson and Riverkeeper provided in-depth analysis and discussion of Comprehensive Plan inconsistencies.

We would like to additionally bring to your attention significant inconsistencies with the strategic development goals detailed in the Comprehensive Plan, as they relate to 2.b..

The Comprehensive Plan outlines strategic development goals that are aligned with the NYS smart growth criteria. The Comprehensive Plan explicitly designates priority (re-)investment areas to ensure soft and strategic development and prioritizes the (re-)development of existing vacant and abandoned housing stock as well as vacant formerly developed sites.

The Comprehensive Plan also makes note of limited housing demand and its impacts on the city’s ability to develop such sites. It also is in this context, that Priority Reinvestement Areas are defined in the Comprehensive Plan. The most recent Comprehensive Housing Market Analysis by US HUD (2019) explicitly states for Albany-Schenectady-Troy that housing demand is already met with housing development projects that are in existence or under construction.

In this context, a rezoning to allow for high-density development on an undeveloped, natural area at 1011 2nd Avenue would be contrary to the development priorities established in the Comprehensive Plan.

The Planning Commission should recommend against the rezoning, as allowing high density development at this undeveloped, natural site would be contrary to the strategic development goals established in the Comprehensive Plan.

2.d. HIGH-DENSITY ZONING EXCEEDS THE CAPACITY OF THE PROJECT SITE

Previously submitted documents detail a range of anticipated negative impacts associated with a change in zoning code to allow for high density development on the one hand, a subsequent development of the site on the other. This includes high archaeological significance of the site, cultural importance, the presence of county-rare and state-rare species on the site, as well as critical ecosystem services provided by this land and at risk of loss through rezoning and/or development. Refer to our report, “Troy’s Sacred Forest”, submitted on January 22, 2021.

The requested change in zoning code would result in a significant increase in traffic on the site, as it would allow for high density development. This is significantly different in terms of impacts on the sites sensitive ecology and archaeology from permitting low-density development. For example, the permitted development characteristics under P would inevitably result in more extensive and deeper ground disturbance than developments permitted under R-1. This also the case regarding impacts from stormwater runoff, additional combined sewer overflows and other direct and indirect impacts on the Hudson River and other water resources connected with this site.

The Planning Commission should recommend against the rezoning as exceeding the capacity of this site.

2.d. EVEN WITH A REZONING, THE DEVELOPER SAYS VARIANCES WILL BE NEEDED!

The current development plans provided in the most recent “Project Narrative” would still require zoning variances, even with a code change to P - Planned Development (see. “Project Narrative”, p. 18). According to the report, variances would be required for: Maximum Density, Building Height, and Off-Street Parking.

Additionally, section §285-57 defines the City’s Philosophy for the justification to change to the P Zone, and specifically requires a planned mix of residential uses. Such a mix of residential uses is not provided in the current form of the project outline and site plans. One-bedroom and two-bedroom apartment units do not qualify as a mix of residential uses.

It would be unreasonable for the Planning Commission to recommend a change in zoning code pursuant of a known development project, when the developer already stated the necessity of additional variances, suggesting this development would be appropriate for a site that does not require changes in zoning code, comprehensive plan amendments, and subsequent zoning variances.

The Planning Commission should therefore recommend against the rezoning.

3. CONCLUSIONS In review of these critical issues, we hope that the Planning Commission recognizes the significance of the land at 1011 2nd Avenue. The public certainly agrees with the concerns raised here. 2500 signatures to our petitions and over 8 hours of testimony against rezoning and development during three public hearings show that the public is unified in its opposition and supports a vision of preserving and protecting the Sacred Forest at 1011 2nd Avenue.

We strongly urge the Planning Commission to recommend against the rezoning. Consider the significance of this forest, the dramatic negative impacts associated with high-density zoning and development, significant process flaws and inconsistencies with the law, inconsistencies with the comprehensive plan.

The city should not give the developer a blank check. A rezoning independent from development would allow the developer to reconsider his plans and seek to maximize density on this site. Instead, the rezoning should be reviewed as “discretionary action” within the SEQR of a specific development application.

Do not give developers a blank check for maximum density at this site. Recommend against the rezoning.

Thank you for your consideration,

The Friends of the Mahicantuck www.FriendsOfTheMahicantuck.org [email protected]

APPENDIX I — PRELIMINARY LIST OF OMISSIONS AND DISCREPANCIES IN THE EAF ● Whereas according to the EAF Bi. Is Project Listed as a Designated Inland Waterway — ”NO”. This is incorrect. The Hudson River north of the Troy Federal Dam is a designated inland waterway according to DoS. ● Whereas according to the EAF D.2 a. Does Proposal include excavation — ”No”. It appears impossible to build the proposed development as detailed in the submitted Project Narrative without excavation. ● Whereas according to the EAF D.2.d. Does the existing wastewater treatment plant have capacity to serve the project — ”Yes”. However, according to the Project Narrative, this project will increase the amount of sewage overflow into the Hudson River: “Any new connections or sewer flows to the CSO should be offset by removing CSO connections elsewhere in the system”. It is unclear how this can be provided. ● Whereas according to the EAF D.2.f Does Proposal require a NY State Air Registration, Air Facility Permit — ”No”. However, it is unclear how heating will be provided at this stage of planning. If fuel combustion will be used for heating, a permit will be required. ● Whereas according to EAF D.2.j Does Proposal substantially increase traffic — ”No” While the traffic analysis anticipates no significant traffic increase for the analyzed intersection with the Waterford bridge, significant traffic increase must be expected for the neighborhood itself and would constitute a significant impact to the neighborhood.

The traffic analysis provided in the project narrative anticipates an increase of 111 additional cars; compared with a traffic increase between 2015-2019 of only 35 cars. At the same time, the project location is not served by public transport, raising significant questions about the validity of an increase by only 111 cars to serve 240 apartment units. ● Whereas according to EAF E.2.b. Are there bedrock outcroppings on the site — ”No”. However, extensive bedrock outcroppings are present at this site, particularly along the Hudson River waterfront. For additional information see discussion of ecological findings provided in the Friends of the Mahicantuck “Troy’s Sacred Forest” report of January 22, 2021. ● Whereas according to EAF E.1.c. Is the project site presently used by members of the community for public recreation — ”No” However, although this site is privately owned, it is not posted and public uses are tolerated by the owner. The site is well known as water access for the community and frequently used by members of the public for recreational purposes including nature walks and fishing. ● Whereas according to EAF E.2.p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of special concern? — ”No” However, ecological surveys of December 2020 and January 2021 document the presence of several county-rare species as well as of at least one state-rare species (Sharp Hornsnail) on the site. SUBMISSION OF SUPPLEMENTARY EVIDENCE REGARDING PROPOSED DEVELOPMENT OF TAX PARCEL 70.64-1-1 AT 1011 2ND AVE AND THE ASSOCIATED REQUEST FOR CHANGE OF ZONING CODE

TO: The Members of the Troy City Council Planning Committee, The Troy Planning Commissioner The Members of the Troy City Council at large.

This letter is submitted in the name of: The Friends of the Mahicantuck The Center for Climate Communities The Schaghticoke First Nations

REGARDING: RES91 - Resolution Referring Lansingburgh Zoning Change Request to Planning Commission for Review and Recommendation — SUBMISSION OF SUPPLEMENTARY EVIDENCE

Dear Members of the Troy City Council Planning Committee, Dear Planning Commissioner and members of the Planning Commission Dear Members of the Troy City Council at large.

In this letter we lay out for your consideration critical evidence that clearly shows that a change in zoning code from R-1 to P for Tax Parcel 70.64-1-1 is not compatible with the law, regulations, city code, comprehensive plan, as well as the responsibilities of the council in considering a change in zoning code.

As you are aware, any consideration of a change in zoning code must incorporate that such a change has to be: ● consistent with the comprehensive plan, which it is inot ● in the interest of the current residents of the city, and not the developer or imagined future residents ● consistent with the surrounding use and zoning

The attached evidence, discussed in this letter, shows explicitly how a change in rezoning is inadmissible on six critical grounds, and therefore a change in zoning code is incompatible with the law.

Therefore we strongly urge you to VOTE AGAINST the unnecessary referral of this matter to the Planning Commission and stop this development now.

With best wishes The Friends of Mahicantuck on behalf of a broad coalition of concerned residents The Schaghticoke First Nations The Center for Climate Communities

1 TABLE OF CONTENT AND OVERVIEW OF SUPPLEMENTAL EVIDENCE, ORGANIZED IN SIX SECTIONS

This letter provides an overview of supplemental evidence submitted along with this letter in the name of the above mentioned organizations. It provides the Troy City Council Planning Committee, the Planning Commissioner and the members of the Troy City Council at large with supplemental evidence for consideration of RES91, for consideration of the request for change in zoning code for Tax Parcel 70.64-1-1 from R-1 to P, and for consideration regarding the development on this parcel, as proposed by Kevin Vandenburgh.

This letter, and the supplemental evidence included with this letter, are organized in SIX (6) major sections, each constituting a respective grounds for denying the request for zoning. The collection of this evidence makes explicit that the rezoning request must not be granted, and therefore a referral to the Planning Commission becomes obsolete.

Overview Of Sections ……………………………………………………………….... p. 3 1. Historical and Archeological Grounds ………………………………………………. p. 5 2. Environmental and Public Health Grounds ……………………………………….... p. 7 3. Inconsistency with Troy 2018 Comprehensive Plan ..……………………………... p. 11 4. Economic Grounds ………………………………………………………………….... p. 14 5. Community Impacts, Public Service Impacts, Infrastructure Impacts ……...... P. 17 6. Legal Grounds ………………………………………………………………………... p. 20 7. Summary Alternative Use Proposal ……………………………………………….. p. 22 Appendix: List of Supplemental Evidence …………………………………………. P. 23

This letter discusses the supplemental evidence for each section, providing specific supplemental evidence for consideration regarding RES91 and the requested change in zoning code for Tax Parcel 70.64-1-1 from R-1 to P.

The letter and the presented evidence — individually and in conjunction — clearly show that: - There are significant and exhaustive grounds to DENY changing the zoning code for Tax Parcel 70.64-1-1 from R-1 to P; - That therefore there is NO JUSTIFICATION AND NO NECESSITY to refer the request for zone change to the Troy Planning Commission - And that therefore RES91 should NOT BE PASSED.

2 OVERVIEW OF MAJOR GROUNDS FOR DENYING THE REQUEST FOR CHANGE IN ZONING CODE, FOR EACH OF THE SIX SECTIONS

SECTION 01: Historical and Archeological Grounds This letter and supplementary evidence discusses the historical and archeological grounds for denying the change in zoning code for Tax Parcel 70.64-1-1.

It highlights the historical-cultural and archeological significance of the property in question. - It provides supplemental evidence that shows insufficient due diligence regarding the assessment of the cultural relevance of the site, - It highlights the currently undergoing review of the site for its eligibility to be included in the National Register - It shows the necessity of a DEC SPEDES permit as well as the requirement for additional archeological surveys - And it highlights the risk for loss of an important historical site to the community of Troy.

Based on the provided evidence, a change in zoning code must be denied due to the negative impact on the historical and archeological heritage of the City of Troy.

SECTION 02: Environmental and Public Health Grounds This letter and supplementary evidence discusses the environmental and public health grounds for denying the change in zoning code for Tax Parcel 70.64-1-1.

It highlights the environmental and public health impacts associated with a rezoning and the proposed development of the site in question. - It shows significant environmental and ecological harm associated with the destruction of the last riverfront forest in Troy, NY. - It clearly identifies inconsistencies regarding environmental preservation and waterfront development priorities laid out in the Comprehensive Plan - It highlights the public health risks associated with runoff-pollution, impacts on the Hudson River, and the loss of the forest as a natural resilience asset.

Based on the provided evidence, a change in zoning code must be denied due to adverse impact on public and environment as well as due to inconsistencies with the Comprehensive Plan.

SECTION 03: Inconsistency with Comprehensive Plan This letter and supplementary evidence discusses critical inconsistencies with the 2018 comprehensive plan, constituting critical grounds for denying the change in zoning code for Tax Parcel 70.64-1-1.

It also points to critical legal decisions underscoring the requirement for any change in zoning code to be consistent with the comprehensive plan.

It discusses the issue of spot zoning as a major legal grounds for denying a rezoning that directly relates to inconsistencies with the comprehensive plan.

Based on the provided evidence in this letter, a change in zoning code must be denied due to explicit inconsistencies with the 2018 comprehensive plan.

3 SECTION 04: Economic Grounds This letter and supplementary evidence discusses the negative economic impacts of the proposal as grounds for denying the change in zoning code for Tax Parcel 70.64-1-1.

It highlights the direct and indirect as well as short- and long-term economic costs associated with the proposed development. It explicitly shows that the proposed development will NOT provide the promised increase in tax revenue and instead significantly increase the economic costs for the City of Troy and its tax paying residents.

In particular, costs associated with increased pressures on the public school system, road maintenance, emergency services, garbage collection and the already dramatically strained sewage system, will increase the costs for the city far above the expected short-term revenue associated with the development of this site.

We calculate that this development will lead to an increased combined REVENUE LOSS for the city and school district of AT LEAST $500,000 ANNUALLY

Based on the provided evidence in this letter, a change in zoning code must be denied, as 1) the Economic Viability and Burden Criteria is not met, as 3) the development will negatively impact local property values, and as 2) there is no clear economic benefit to the current residents of the City of Troy.

SECTION 05: Community Impacts, Public Service Impacts and Infrastructure Impacts According to NYS law, a change in zoning code must be in the interest of the public: the CURRENT (and not imagined future) residents. A change in zoning must not be solely for the benefit of the developer. Finally, according to NYS law, a change in zoning code must also be consistent with the comprehensive plan and consistent with current use and character of the neighborhood. This is also explicitly stated as such in Troy’s comprehensive plan.

This section explains how this development and the proposed change in zoning code is violation of all the above mentioned criteria. The section shows how it will NEGATIVELY impact the local neighborhood and community, how it will increase costs and negatively affect public services and infrastructure and how it will be against the interest of the residents of Troy.

SECTION 06: Legal Grounds This letter and supplementary evidence discusses the legal grounds for denying the change in zoning code for Tax Parcel 70.64-1-1.

It summarizes the legal implications of the evidence provided in the letters number 02 to 07 and foregrounds the legal grounds that make the proposed change in zoning code inconsistent with existing federal, state and city law. This includes: Spot Zoning, Economic Burden Criteria, Public Interest Criteria, Inconsistency with the 2018 Comprehensive Plan, Lack of Evident Need for Zoning Change, Inconsistency with Existing Zoning and Surrounding Uses, Inconsistency with the Orderly Development of Public Service and Infrastructure

Based on the provided evidence in this letter, a change in zoning code must be denied as it is incompatible with existing federal, state and municipal legal regulations, statutes and codes.

4 SECTION 1: HISTORICAL AND ARCHEOLOGICAL GROUNDS

SECTION 1 — A: Historical Significance of Parcel 70.64-1-1

The historical and archeological analysis provided in the submitted evidence (see Section 1-C) reveals a consistent academic consensus about the historical, archeological and cultural significance of this site, particularly regarding the Mahican peoples but also pre-historic communities that utilized this site as early as 1600-3000 B.C. [S1-4]

Several archeological studies have been conducted on this land, with one of the first most significant studies dating back to the 1980ies [S1-1] [S1-2]. The existing reports, studies and academic publications all consistently conclude that the land in question is of high historical and archeological significance, and that the found artifacts justify the registration of this land in the national registry.

This has also been confirmed in personal correspondence with a lead archeologist involved in the recent 2020 survey provided as part of the SEQRA analysis. The report was not yet made available to the public.

According to these studies, the sites contain significant amounts of prehistoric and historic archeological artifacts. The scientific consensus agrees that this site is of high historic, archeological and cultural significance.

Amongst the artifacts are countless significant ones of members of the Mahican peoples, but also important finds ranging back to prehistoric times. The site was used by the Mahican people as a quarry and tool making site. The site was also identified as the location of semi-permanent and potentially permanent settlements. Some of the studies also mention strong indications for burial sites [S1-3].

The EPA cultural resource survey associated with the 2002 Record of Decision relating the Hudson River remediation [S1-3] also emphasizes the historical-cultural and archeological significance of this site and notes the need for further study of this site for the future — which has not been independently conducted to this date. This report also states the high likelihood of unrecovered extensive archeological resources on this site.

Finally, two previously unrecovered reports associated with the site as well as a second in immediate proximity — both referred together as the Pleasantdale Quarry — explicitly identify the sites as historically and archeologically critical and positively review the archeological record associated with these sites as eligible for the National Register [S1-4].

One of these reports, referenced and thereby submitted as evidence in the record [S1-4] was authored by Hetty Jo Brumbach, Paula Zitzler, the Public Archeology Facility and Rensselaer Polytechnic Institute and discusses the “potential eligibility for nomination to the National Registry of Historic Places” ([S1-4], p 1).

On S1-4, page 81, the authors explicitly state that: “Stage II survey recovered adequate data to determine that the prehistoric site … appears to meet the criteria for eligibility to the National Register of Historic Places. [...] disturbance to the site has been minimal. Very little artifact collection has taken place and few of the residents are aware of the

5 presence of the prehistoric material. Thus, unlike some quarry locations of the Hudson Valley, the site has not been depleted by collectors”

And continue: “The site also has the potential for providing unique information pertaining to regional prehistory since it is one of the few professionally reported and investigated archaeological sites in Rensselaer County. Thus, the site is capable of yielding information important in prehistory.”

Based on these reports, the site's unique importance becomes explicit and it becomes clear that the preservation of this site is critical. It also makes clear that its development would lastingly destroy this site and rob the city and its people of a major aspect of its history.

An application for review regarding the eligibility of this site for the National Register is currently in the beginning steps, with first evidence filed on August 24, 2020 with NYS SHPO . Additional supplemental evidence is being sent to SHPO over the course of the next weeks.

SECTION 1-B: Legal Implications According to state and federal law, a DEC SPEDES permit is necessary associated with the ground disturbance of this project exceeding one acre. Other state and federal agency permits or funding may also trigger SHPO involvement.

A coordinator of the SHPO Archeology Unit Program confirms this, stating in official correspondence from August 12, 2020 regarding the site:

“Given the archaeological sensitivity of 1011 2nd Street, the SHPO will likely request an archeological survey to document archaeological sites that are located within this project area, if a survey has not already been undertaken.”

The requirement of Section 106 of the National Historic Preservation Act [S1-5] and Section 14.09 of the State Historic Act [S1-6] is that project impacts to National Register eligible or listed sites are avoided, reduced or mitigated. Mitigation may involve additional archaeological surveys.

SECTION 1 — C: List of Supplemental Evidence for Section 1: ● [S1-1] Brumbach, H.J. (1987) “A Quarry/Workshop And Processing Station On The Hudson River Archeology of Eastern North America 15 In Pleasantdale, New York”. , (1987), 59-83. ● [S1-2] Lothrop, J. C., Burke, A. L., Winchell-Sweeney, S., and G. Gauthier (2018). Coupling Lithic Sourcing with Least Cost Path Analysis to Model Paleoindian Pathways in Northeastern North American Antiquity 83 America. , (3), 462-484. ● [S1-3] US EPA (2002). Responsiveness Summary Hudson River PCBs Site Record of Decision. Appendix C Stage 1A Cultural Resource Survey. ● [S1-4] Brumbach, Hetty Jo, Zitzler, Paula (1993) Stage II Archeological Investigation Of the Turnpike/River Bend Road Area. Pleasantdale Wastewater Facility Plan. Town Of Schaghticoke, Rensselaer County, New York (C-36-1270-01). Public Archaeology Facility, Rensselaer Polytechnic Institute. [Hard Copy Available]. ● [S1-5] National Historic Preservation Act ● [S1-6] State Historic Act

6 SECTION 2: ENVIRONMENTAL AND PUBLIC HEALTH GROUNDS

There are several environmental impacts that constitute direct and indirect public harm associated with the proposed rezoning of Parcel 70.64-1-1 — and the proposed development of the site. These will also have significant consequences for public health, the city’s climate and extreme weather resilience, and the city’s revenue.

Critically, this development and the associated change in zoning code will: - lead to increased floor sealment with concrete and hence increased run-off pressures - increase pressures on the already strained sewage system - lead to further channelization of the Hudson, already leading to increased flood risks, will be further increased with this development — leading to increased flood hazards for downstream properties across the city. The location of this property in particular will severely increase flood risks for the entire city. - cause significant loss of forest and natural waterfront will increase other critical hazards, including urban heat, runoff pollution, air pollution and their severe impacts on public health

These consequences and impacts stand in direct conflict with the 2018 Comprehensive Plan [A], with critical efforts underway through the city’s participation in the Climate Smart Communities Program, and with legal provisions constituted in state and city law and code.

Additionally, the development does not adhere to critical provisions for waterfront protection and renaturalization established in existing code as well as in the additional zoning logics established in the comprehensive plan (which a change in zoning code must adhere to). Particularly, this regards setback and new waterfront shoreline provisions associated with the comprehensive plan.

SECTION 2 — A: Environmental Impacts of Change of Code for Parcel 70.64-1-1

1) SEWAGE OVERFLOW The city’s sewage and water management infrastructure is already at capacity. In the last years, Troy was in violation of state reporting laws in association with massive sewage overflows [S2-1] leading to significant cost for the community. In fact, Troy is the worst polluter in regards to overflows in the region.

The city itself acknowledged that “Unfortunately, sewer overflow events are fairly routine for shoreline communities like Troy.” [S2-2]

It is in this context that the proposed development and its impacts on the loss of this land will significantly escalate this already urgent emergency. The location of the site at the very north of the city, combined with its size and its impact on the city’s sewer system will lead to significant environmental and monetary costs for the city and all its residents.

2) SOIL EROSION, RUNOFF AND FLOOD RISKS The property is directly adjacent to the Hudson; This means development impacts on this land will significantly affect the flood resilience of Troy, particularly due to its location upstream of the entire city (last property before the city line); The undeveloped higher elevation provide additional protection against runoff and to the integrity of the areas of the land that comprise a flood zone. Studies show the importance of such natural assets in runoff protection [S2-3]

The development will significantly increase runoff pollution [S2-4] through the loss of water absorbing forest and forest soils and the use of impervious material as well as the associated increased traffic and pollution. This only constitutes [S2-5] an increased threat of environmental harm on surrounding communities, downstream communities and the Hudson river itself.

3) CHANNELIZATION, RESILIENCY, FLOODING AND RUNOFF Natural, forested spaces are a critical asset to the city’s environmental and climate resilience [S2-6] [S2-7]. This area, upstream of the entire city, significantly protects the city from flooding directly (as a buffer flood zone for flooding) and indirectly by preventing runoff and maintaining the integrity of the river bank [A, p. 16]. The development of the site in the proposed form would significantly interfere with the ability of this land to absorb runoff and protect the city from river pollution and flooding.

Studies well-establish that developments, such as the proposed, and the associated displacement of natural waterfront and channelization significantly increase river flood risks downstream [S2-8; S2-9; S2-10]. The direct effects of sedimentary flow and associated environmental degradation of the Hudson River additionally exacerbate the increase of flood risks downstream at other areas across the City of Troy and other communities along the Hudson River.

This is also acknowledged in the comparative plan [A], which states

“The majority of the Hudson River shoreline south of the Collar City Bridge has been channelized, which has interrupted or removed natural ecosystems. Due to this activity, sediment from the Hudson River is no longer deposited on the banks, and limited habitat is available for fish and wildlife species” (p. 16)

According to [A] the New York State Department of Environmental Conservation (NYSDEC) estimates that by 2080 the City of Troy could face over 3 feet of sea-level rise on the tidal Hudson River due to climate change global . Rainfall events are also expected to become less predictable, more extreme, and occur in the form of heavy downpours or extended droughts. The elevation of the 100-year floodplain and the city’s history of extreme flooding suggest that the threat of damage to and loss of property is climate change heightened due to anticipated .

4) ECOSYSTEM IMPACTS Biodiversity and Ecological Loss: This is one of the last undeveloped natural waterfronts in Troy. It serves as a major biodiversity refuge in the otherwise urban area; Disturbance or complete destruction would mean the irrevocable loss of the last such space in the City of Troy. Increased traffic, disturbance and pollution: Development of the land will increase the traffic, both to and on the land; Even if the development includes public access to untouched parts of the land, the 200 units alone will significantly increase the use of the land, leading to the disturbance of the ecosystem, increased pollution of the land, as well as the Hudson River;

5) PUBLIC HEALTH IMPACTS Associated with the above mentioned environmental impacts are major impacts on public health associated with the proposed development and the proposed change in zoning code.

8 Urban Heat Island Forested areas serve as “natural air conditioning” for the surrounding communities in urban centers and provide a natural refuge and relief from oppressive summer heat; a climate risk that is anticipated to significantly increase for the city of Troy and already constitutes a major public health threat today.. Development, even if major parts of the forest would not be destroyed, would significantly impact the accessibility and functioning of this critical asset [S2-11]. A recent article published in the New York Times (August 24, 2020) [S2-12] discusses the direct relationship between health, income and racial disparities in relationship to exposures to extreme heat in the urban context.

Air Quality will be negatively impacted, both directly and indirectly. The increased traffic associated with the development will diametrically impact the air quality of this neighborhood. Additionally, the loss of tree and natural space will further exacerbate air quality loss [S2-13].

Noise Pollution — as a R1 zone, the rezoning will significantly increase noise levels due to increased population density, increased traffic and the loss of green space as natural noise shield; this will significantly disrupt the character, but also the health of the otherwise characteristically quiet neighborhood.

SECTION 2 — C: Legal Implications

A rezoning of this parcel would allow for a large scale development of the site that ultimately would destroy the environmental and ecological resource of the last undeveloped forest along the Hudson in the entire city of Troy.

In the current zoning as R-1 single family residential, detached, the environmental impact of potential development — while still extraordinarily adverse — would be significantly limited in comparison to the full-scale development that a rezoning to P Planned Development would make possible.

In the lack of a better protection of the parcel and a lasting environmental and historic preservation, maintaining the current code R-1 is the best bet to avoid negative impacts on this critical ecological and environmental asset and its interactions with the Hudson River.

For these reasons, the proposed rezoning and development stand in direct conflict with legal grounds for a rezoning, including cost-benefit analysis of harm to the public/public benefit. Additionally, it constitutes explicit inconsistency with the 2018 Comprehensive Plan [A] as well as the participation of the City of Troy in the Climate Smart Communities Program and the associated “pledge” passed as resolution by the City of Troy [S2-15].

Inconsistency with Comprehensive Plan and Spot Zoning There are major inconsistencies with the Troy Comprehensive Plan of 2018, rendering the rezoning inconsistent with law. This is particularly in reference to the NYS legal requirement to maintain consistency with the Comprehensive Plan for any proposed change in zoning code.

The comprehensive plan calls explicitly for the renaturalization of the waterfront, the preservation and expansion of the tree canopy, and the protection of natural and open spaces in the city (cp. Section 3).

9 The assessment provided by the developer regarding wetlands and flood zone are incomplete and at times omit critical facts. Map 12 [S2-15] of the Troy Comprehensive plan clearly shows that about 40% of the proposed development area are within 100 year and 500 year flood zones, respectively.

It is important to note that these maps date from 1980 and therefore do not take into consideration the requirements to incorporate climate changes into planning, constituted in NYS law as well as the Climate Smart Communities program participation.

Additionally, the Comprehensive Plan designates the development area as a new coastal boundary, which is associated with additional SEQRA requirements, and is to be classified as a Type I action.

Harm to the Public and the Environment Associated with the Proposed Development The attached supplemental evidence clearly shows negative impacts on the environment and public health. This is significant grounds to NOT grant the sought change of the zoning code.

Additionally, the environmental impacts — particularly in the context of sewage overflow and increased flood risks — will significantly negatively impact the city revenue.

SECTION 2 — D: List of Supplemental Evidence for Section 2: ● [S2-1] Times Union (July 7, 2017) “Massive Albany Troy Sewage Spills in Hudson https://www.timesunion.com/7dayarchive/article/Massive-Albany-Troy-sewage-spills-in-Hudson-1 1273421.php ● [S2-2] Statement of City of Troy: “Understanding Tory’s Combined Sewer Infrastructure System” July 10, 2017 http://www.troyny.gov/understanding-troy-combined-sewer-infrastructure-system/ ● [S2-3] Conservation Tools: Working With Nature to Manage Stormwater https://conservationtools.org/guides/166-working-with-nature-to-manage-stormwater ● [S2-4] DOS: Impacts of Urban Runoff https://www.des.nh.gov/organization/divisions/water/wmb/tmdl/documents/stormwater_chapt1.pdf ● [S2-5] https://pubs.er.usgs.gov/publication/wri014071 ● [S2-6] Urban Forests and Climate Change https://climate-woodlands.extension.org/urban-forests-and-climate-change/#:~:text=Urban%20for ests%20can%20be%20useful,to%20heat%20and%20cool%20buildings. ● [S2-7] USDA Urban Forests and Climate Change https://www.fs.usda.gov/ccrc/topics/urban-forests-and-climate-change ● [S2-8] National Management Measures to Control Nonpoint Source Pollution from Hydromodification https://www.epa.gov/sites/production/files/2015-09/documents/chapter_3_channelization_web.pdf ● [S2-9] Problems Facing Urban Streams http://www.msdlouky.org/insidemsd/wqurban.htm ● [S2-10] From Channelization To Restoration http://scholar.google.com/scholar_url?url=http://www.academia.edu/download/43058958/Chen_et _al-2016-Water_Resources_Research.pdf&hl=en&sa=X&scisig=AAGBfm3QW_VCYsUVIg_vciK WvVRiz7HOaQ&nossl=1&oi=scholarr ● [S2-11] EPA: Reduce Urban Heat Island Effect https://www.epa.gov/green-infrastructure/reduce-urban-heat-island-effect

10 ● [S2-12] NYT: How Decades Of Racist Housing Policy Left Neighborhoods Sweltering https://www.nytimes.com/interactive/2020/08/24/climate/racism-redlining-cities-global-warming.ht ml ● [S2-13] Benefits of Urban Trees https://www.nature.org/content/dam/tnc/nature/en/documents/Public_Health_Benefits_Urban_Tre es_FINAL.pdf ● [S2-14] CSC Certification Troy http://csc-site-persistent-prod.s3.amazonaws.com/fileadmin/cicbase/documents/2017/11/10/1510 3445909908.pdf ● [S2-15] Comprehensive Plan Map 12

SECTION 3: INCONSISTENCIES WITH COMPREHENSIVE PLAN

SECTION 3 — A: Major Inconsistencies with Comprehensive Plan

The proposed development as well as the change in zoning code are inconsistent with Realize Troy 2018 Comprehensive Plan [A]. This is relevant for the consideration of the request for change in zoning code, as such a change cannot occur if it is inconsistent with the comprehensive plan.

New York’s zoning enabling statutes require that zoning laws be adopted in accordance with the comprehensive plan. The comprehensive plan should provide the backbone for the zoning law [S3-1]. Furthermore, the change in zoning code is incompatible with New York State City Code Section 28.a.12 [S3-2]: Effect of Adoption of the City Comprehensive Plan: (a) “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.”

Developing the land is in explicit inconsistency with the 2018 Troy Comprehensive Plan AND THEREFORE CANNOT QUALIFY FOR REZONING

Listed are only some of the most striking conflicts with major sections and goals of the comprehensive plan: 1) Requirement to protect green spaces and environmental assets The Comprehensive Plan explicitly states that green spaces and environmental assets have been impacted by industrial and urban development — and need better protection.

“Troy is endowed with a spectacular natural environment– from magnificent gorges, an expansive riverfront, to a wide array of mature open spaces. In recent years, these areas have been impacted by industrial and urban development and need to be better protected to sustain the environmental health of the city.” ([A], p. 16)

With the REALIZE TROY 2018 Comprehensive Plan, the City of Troy has explicitly designated specific goals to preserve greenspaces, parks, open spaces and natural habitats. These rules were explicitly designed to protect spaces such as the property in question from development. So does the

11 Comprehensive Plan explicitly set out to protect critical natural features of Troy’s waterfront, including this property.

2) Inconsistency with Goal 5 of the Comprehensive Plan

A change in zoning code is inconsistent with GOAL 5 of the Comprehensive plan. The Comprehensive Plan explains: “Existing ecological resources including wetlands and shoreline habitat shall be protected, preserved and enhanced”. However, this development would do the opposite and destroy the last remaining undeveloped natural shoreline of the city.

In this context, the comprehensive plan defines specific requirements, objectives and underlying strategic goals in zoning and developing the City of Troy, its greenspaces, natural habitats and the waterfront. The proposed development and the request for change in zoning code stand in explicit contradiction and therefore are inconsistent with the comprehensive pan.

The plan states that the City of Troy will require implementation of flood protection standards for new buildings within the flood zones that are consistent with the guidelines established by the Federal Emergency Management Agency (FEMA).

A large section of the property lies in flood zones (see Section 2): About 50% of the land is within the waterway and flood area, as displayed in Map 13 of the Comprehensive plan [S3-3]; the plan prohibits major development in that area. Additionally, the land is — with exception of approx. 2 acres — inside the new Landward Coastal Boundary, established in the 2018 Comprehensive plan. Accordingly:

● All development will be set back a minimum of 100 feet from watercourses and wetlands identified on Map 13 in Comprehensive Plan (page 60), to help prevent adverse impacts on these natural assets. ● Only 2 acres can be developed outside this 100ft zone, this only regards R-1 houses. ● The rest of this property is within 100 feet of watercourses and wetlands and is classified as a Type I action pursuant to the StateEnvironmental Quality Review (SEQR) process, increasing the level of environmental review necessary to protect their integrity. ○ The entirety of the land is in the waterfront area (map 13). Any new development in that area that is 500 square feet or greater requires the submission of a construction management plan that demonstrates that the development will not compromise the Hudson riverbank.

The plan also calls for the shoreline to be naturalized to provide greater resiliency during significant flood events — the proposed change in zoning code will result in channelization of the Hudson River and therefore stands in direct conflict with the comprehensive plan.

According to the plan the city’s urban tree canopy will be grown and maintained by expanding tree planting initiatives and incorporating tree planting as part of sidewalk and other streetscape improvements. However, this development would reduce the tree canopy and a unique waterfront habitat that cannot be compensated by re-planting ● Existing mature trees are to be protected during building construction or any alterations to streets or buildings. Tree inventories and management plans are required for all major capital projects and developments.

12 3) Inconsistency with Goal 4 of the Comprehensive Plan

A rezoning is additionally inconsistent with GOAL 4 of the Comprehensive Plan for the historic, archeological and cultural significance of the land for several indigenous peoples and groups (cp. Section 1). The plan demands ○ The preservation of the cultural and historical heritage of the City of Troy ○ A cultural resource investigation will be required for new development planned for archaeological sites or sites within areas identified as archaeologically sensitive by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP). ○ The preservation of the cultural and historical heritage of the City of Troy

4) Inconsistency with Goal 4 of the Comprehensive Plan

A rezoning is additionally inconsistent with GOAL 6, specifically, 6.2 of the Comprehensive Plan, which states: “Development in stable neighborhoods will respect and reinforce the existing neighborhood character and pattern of development”

Our coalition in opposition to the development can and will provide testimony that this neighborhood is a stable neighborhood, and will oppose any suggestions for this being otherwise. A selection of this testimony is provided with supplemental evidence no [S3-4].

SECTION 3 — B: Legal Implications

The proposed development as well as the change in zoning code are inconsistent with Realize Troy 2018 Comprehensive Plan. This is relevant for the consideration of the request for change in zoning code, as such a change cannot occur if it is inconsistent with the comprehensive plan.

New York’s zoning enabling statutes require that zoning laws be adopted in accordance with the comprehensive plan. The comprehensive plan should provide the backbone for the zoning law [S3-1]. Furthermore, the change in zoning code is incompatible with New York State City Code Section 28.a.12: Effect of Adoption of the City Comprehensive Plan: (a) “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.”

Developing the land is in explicit inconsistency with the 2018 Troy Comprehensive Plan AND THEREFORE CANNOT QUALIFY FOR REZONING

SECTION 3 — C: List of Supplemental Evidence for Section 3: ● [S3-1] NYS Division Of Local Government Services: Zoning and the Comprehensive Plan https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf ● [S3-2] New York State City Code Section 28.a.12 ● [S3-3] Comprehensive Plan MAP 13 ● [S3-4] TESTIMONIES OF RESIDENTS

13 SECTION 4: ECONOMIC GROUNDS

SECTION 4 — A: Negative Economic Impacts of Proposed Development and Code Change for Parcel 70.64-1-1

There are several critical economic impacts that constitute direct and indirect cost to the tax base and the tax paying residents of the city of Troy associated with the proposed rezoning of Parcel 70.64-1-1 and the proposed development of the site.

Based on the attached and here briefly reviewed studies, it is clear that the proposed development will negatively impact the tax revenue of the city of Troy.

Charles Mahron [S4-1] writes that:

“Despite the obfuscation of modern accounting practices, the math equation for a local government is fairly straightforward: a public infrastructure investment must generate enough private wealth to pay for the ongoing replacement and repair of that infrastructure or, if it is to be sustained, it must be subsidized by a more financially productive part of the system.”

The established rule of thumb is that a ratio of 40:1 ($40 private wealth to $1 public investment) is required for a development project to generate and maintain a positive tax revenue [S4-1].

While developers often pay for the initial development and construction cost, the City of Troy will be responsible for critical maintenance and public service costs. This includes - Increased road maintenance and traffic management costs - Increased resource strain for the public school system with the influx of large amounts of new residents in short time - Increased costs for other public services, including the fire department, garbage collection, public safety, etc.

As Mahron [S4-2] writes on the case of development costs, a municipality of similar size and structure:

Rapid growth “[...] provided the local government with the immediate revenues that come from new growth — permit fees, utility fees, property tax increases, sales tax — and, in exchange the city takes on the long term responsibility of servicing and maintaining all the new infrastructure. The money comes in handy in the present while the future obligation is, well … a long time in the future.”

And concludes:

“This thinking is how you end up with two dollars of public infrastructure for every one dollar of private investment. This is how you spend yourself into bankruptcy”. When the full extent of costs are taken into consideration, including maintenance, public infrastructure and public service costs, the proposed development will in fact negatively impact the tax revenue in the city.

14 Instead, leading economists and development experts recommend prioritizing development of existing infrastructure, property and sites, especially vacant sites in economically disadvantaged communities. This has the benefit of minimizing public investment needs and strengthening tax revenue in short- as well as long-term. [S4-3].

This is also made explicit in the 2018 Troy Comprehensive Plan [A], which identifies the need to develop vacancies in Major Investment Areas [S4-4], whereas the parcel in question lies outside the Lansingburgh Investment Area [S4-5] as well as outside the slow development area and is clearly identified as R-1 [S4-6]:

“Troy’s high vacancy rates are also contributing to neighborhood destabilization. There are approximately 23,100 housing units in Troy and approximately 2,100 of these units, or 9%, are vacant and unused. Prospective residents are deterred from purchasing homes in neighborhoods with high vacancy rates as they are perceived as areas with higher crime, and where continued disinvestment may occur. These conditions have resulted in a weak housing market and low housing values compared to the region.” ([A], p.11)

And the plan establishes sites in direct proximity to the parcel for which the rezoning is requested as development focus areas [S4-5 and S4-6] in the spirit of avoiding associated revenue burdens associated with spot zoning developments such as the development proposed for this parcel.

The anticipated short-term economic revenue is anticipated to be outweighed by both, short- and long-term economic costs, based on the expert testimony by economist John Gowdy attached in the evidence [S4-3] and read into the record at the hearing.

The anticipated short-term economic revenue associated with this development proposal is anticipated to be outweighed by both, short- and long-term economic costs.

What is more, studies explicitly and repeatedly show that because of market competition and resource constraint associated with a development of land routinely and structurally prevent the development of other, vacant but already developed sites [S4-7].

In the immediate proximity of the development site proposed by Kevin Vandenburgh there are several vacant properties, including several that have been identified in the Comprehensive Plan as development priority/focus areas.

This means that the proposed development, and the associated rezoning, is incompatible with the responsibilities and legal requirement that must guide the city council committee and planning commission in their decision — and the requested rezoning can only be denied on economic and legal grounds (see below).

SECTION 4 — B: ECONOMIC BASELINE CALCULATION — Public Service Cost

Increased public spending for services outweighs the anticipated revenue.

15 Based on comparative data of similar developments in similar locations in Troy we offer an (generously calculated) anticipated tax revenue for the city around $300,000.00 The anticipated tax revenue for the school district we assess (similarly generously) with $400.000,00. (Based on approximated unit value calculations).

Increase in Cost Spending for Public Schools (TROY SCHOOL DISTRICT): At the same time, in the state of New York, an average of annually $22,366 are spent per pupil on the public education system [S4-8]. In Troy this number is closer to $28,000, but we will use the more conservative average. A conservative estimate would be 40 new pupils entering the Troy School System — an estimate that is very conservative for 240 apartment units. This leads to an increased cost spending of $894,640.

Anticipated Revenue Increase for Troy School District …………. Approx. 400,000 Approximate Cost Increase: Public Service — School ………….. Approx. $894,640 COST TO DISTRICT AS DIRECT RESULT FROM DEVELOPMENT: APPROX. $498,640

This leads to a shortfall of $494,000.00

Increase in Costs For City of Troy On the Example of Public Safety Alone:

Public Safety: Estimates for cost increases for the Fire and Police Services are hard to estimate. One way to estimate this is the per capita spending for police services. According to the 2020 proposed Budget, a total of $40,329,791 will be expended for safety services [S4-9]. This excludes overtime, extraordinary expenditures and other expenditures not listed in the general budget itemization. The population of Troy lies at 49,826 for 2017. This results in a per capita spending of (rounded) $800. With 240 units, and an conservatively estimated 1.75 persons living in each unit, this leads to a total increase of cost of: 240x800x1.75 = $336,000.00

Approximate Revenue for City …………………………………….. Approx. $300,000 Approximate Cost Increase: Public Service — Safety ………….. Approx. $336,000

This leads to an conservatively anticipated increase in cost associated with the development of for public safety alone of $36,000/year.

This does not incorporate other increased public service costs, such as road maintenance, etc.

SECTION 4 — B: Legal Implications

Explicitly, the availability of several other vacant but already infrastructurally developed properties creates an incompatibility with anti-spot-zoning requirements constituted in state law.

Additionally, the above listed reasons create a direct inconsistency with the 2018 Comprehensive Plan and therefore an incompatibility with state law, particularly regarding inconsistencies with soft development, the preservation of the character of the neighborhood, and the requirement of sustainable development.

16 The proposed rezoning and development are also incompatible with New York State Smart Growth Goals.

Finally, the city council is legally required to act in the interest of its current constituents, and not potential future taxpayers — and the shown economic long-term negative impacts stand in direct conflict with this obligation, as they clearly cause economic harm to the city as well as its residents.

SECTION 4 — C: List of Supplemental Evidence for Section 4: ● [S4-1] Charles Marhon Jr. (August 2018) “Building Resilient Communities” https://icma.org/articles/pm-magazine/pm-article-building-resilient-communities ● [S4-2] Charles Marhon Jr. (2017) “The Real Reason Your City Has No Money” https://www.strongtowns.org/journal/2017/1/9/the-real-reason-your-city-has-no-money ● [S4-3] Written Expert Testimony of Dr. of Economy John Gowdy ● [S4-4] Comprehensive Plan Map 2 Investment Areas ● [S4-5] Comprehensive Plan Investment Area Lansingburgh ● [S4-6] Map 14 Land Use ● [S4-7] Resources on Research about Abandoned Properties and Buildings https://journalistsresource.org/studies/government/municipal/abandoned-buildings-revitalization/ ● [S4-8] Annual education spending per state https://www.governing.com/gov-data/education-data/state-education-spending-per-pupil-data.htm l ● [S4-9] Proposed 2020 Budget for Troy NY ● [S4-10] Population Data for Troy NY https://datausa.io/profile/geo/troy-ny

17 SECTION 5: COMMUNITY IMPACTS, PUBLIC SERVICE IMPACTS AND INFRASTRUCTURE IMPACTS

SECTION 5 — A: Neighborhood Impacts of Development and Proposed Code Change for Parcel 70.64-1-1

According to NYS law, a change in zoning code must be in the interest of the public: the CURRENT (and not imagined future) residents. A change in zoning must not be solely for the benefit of the developer. Finally, according to NYS law, a change in zoning code must also be consistent with the comprehensive plan and consistent with current use and character of the neighborhood. This is also explicitly stated as such in Troy’s comprehensive plan [A].

This section explains how this development and the proposed change in zoning code is in direct violation of all above mentioned criteria. The section shows how proposed development and change in zone code will NEGATIVELY impact the local neighborhood and community, will increase costs, and will negatively affect public services and infrastructure, and will be against the interest of the residents of Troy.

Explicitly, a change in zoning code needs to be - consistent with the comprehensive plan - In the interest of the current residents of the City of Troy, not in the interest of the developer or imagined future residents - consistent with surrounding use and zoning

This development and the associated change in zoning code does not meet these criteria. It will impact the neighborhood and the city overall negatively, inconsistently with the comp plan and inconsistently with the surrounding zoning.

This is evidenced in the negative impacts of the proposed development and code change (see Section 5-A), the inconsistencies with the comparative plan implied by these negative impacts (see Section 5-B), and constituted in the increased cost and further strain of public services of the neighborhood (see Section 4). Additional negative impacts for community and city overall, as provided in the entirety of this document, also are the case for the local neighborhood.

LOSS OF FOREST AND WATER ACCESS, AND LOSS OF IMPORTANT NATURAL SPACE The development will destroy the current access to the Hudson River provided with this land. An alternative use proposal, that the current owner is interested in pursuing should the option of sale expire has been submitted in Section 07 of this letter.

In contrast, the proposed development by Kevin Vandenburgh claims to incorporate the public interested in access to the waterfront and natural spaces along the river. However, this statement is clearly misleading.

The developer is creating a dead-end trail and does not create any incentive or attractive park or other features that would invite the public. Additionally, the proposed boat dock is a use-specific water access.

18 The developer is clearly creating amenities for his renters, not for the public and will additionally serve as justification for higher rental prices for departments — with negative effects for surrounding homeowners and renters.

Overall, the proposed development discourages in its design the use of this property, as it is not designed as public use space.

This is inconsistent with the development priorities the city itself has laid out for waterfront properties in its comprehensive plan, which emphasizes public access to water via parks and public space. It also is inconsistent with the comprehensive plan calling for an increase in tree canopy and renaturalization of the waterfront. This speaks to the requirement that a rezoning needs to be for the benefit for the entire public and not for an individual developer.

HEIGHTENED INFRASTRUCTURE AND PUBLIC SERVICE COSTS The residents of 240 newly built apartments will significantly increase pressures on public services and infrastructure.

The proposed development will significantly increase the infrastructure and public service costs, particularly in this R1-zoned residential area. It will in particular negatively impact the local community in terms of infrastructure and public service availability. Several studies have consistently shown the associated increased costs of and strain on critical services associated with developments such as the one proposed here (see evidence for Section 4). Abrupt development growth that does not follow smart and soft growth guidelines and do not utilize existing infrastructure and e.g. vacant properties or buildings, significantly strains services through rapid influx, including amongst others: a) Increased pressure on already strained school services b) Increased pressure on already strained garbage collection c) Increased pressure on already strained emergency services d) Increased need for road maintenance e) Increased pressure on already over-capacity sewage system

LOSS IN PROPERTY VALUE, RESALE VALUE AND RENTAL INCREASES [S5-1] Besides the cost associated with strains on the local infrastructure, this development will also lead to additional direct and indirect costs for the local residents and the overall neighborhood.

The development will lead to significant loss of property value and resale value due to the loss of greenspace and waterfront, which also negatively impacts the city budget f) The tax savings of industrial development may measure a few hundred dollars a year per taxpayer, but the loss in property values measures in the thousands. Typically it takes decades of tax savings to make up for the loss in property value. g) Property value will decline with the loss of a significant greenspace and undeveloped waterfront forest property

Rental increases in surrounding housing are expected to increase due to the amenities at the property, clearly designed for the use of renters at the property.

VACANT PROPERTIES AND LACK OF DEVELOPMENT IN LANSINGBURGH

19 There are priority development areas in the direct vicinity of this property. A vacant price chopper as well as several vacant locations across the local Lansingburgh neighborhood are identified as priority and development nodes in the comprehensive plan.

As the plan states:

A rezoning discourages and actively prevents the development of already developed vacant areas with existing infrastructure and public services in place.

The development of this property, and the associated rezoning, stand in conflict with these development needs and undermine soft and smart growth and development.

Accordingly, the rezoning would stand in direct conflict with the provisions and priorities laid out in the Comprehensive Plan, the smart growth development principles established in the Comprehensive Plan, and the New York State Smart Growth Criteria. .

SECTION 5 — B: Legal Implications

The development of this property, and the associated rezoning, stand in conflict with these development needs and undermine soft and smart growth and development.

SECTION 5 — C: List of Supplemental Evidence for Section 5: ● [S4-8] The Impact of Apartment Complexes on Property Value of Single Family Dwellings https://digitalcommons.unomaha.edu/cgi/viewcontent.cgi?article=2150&context=studentwork&fbcl id=IwAR2lCgQJHlRSBKXF68TGCWDoyvmxRbNG0eXIDMzbITX7polbkTClfeul1Iw

20 SECTION 6: LEGAL GROUNDS

SECTION 5 — A: Legal Grounds for Denying Request for Code Change for Parcel 70.64-1-1

This final section highlights some major incompatibilities with existing law, rules and codes.

1) Inconsistency with Comprehensive Plan and Spot Zoning The proposed development as well as the change in zoning code are inconsistent with Realize Troy 2018 Comprehensive Plan (cp. Section 3). New York’s zoning enabling statutes require that zoning laws be adopted in accordance with the comprehensive plan. The comprehensive plan should provide the backbone for the zoning law].

Furthermore, the change in zoning code is incompatible with New York State City Code Section 28.a.12: Effect of Adoption of the City Comprehensive Plan: (a) “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.”

2) Inconsistent with surrounding uses and zoning and orderly growth and development The law demands the (NYS City Code Section 28.a.12 - o) consistency “with the orderly growth and development of the city. Furthermore, code changes need to be consistent with the surrounding uses and zoning (“SPOT ZONING”).

The comprehensive plan identifies in Map 14 the surrounding area as “low density residential”.

However the parcel in question is NOT located in a major reinvestment area and the surrounding area is R-1 for 10 single family homes. 240 multi-family units do not fit with the character of surrounding land uses. The site is also not located in a Major Reinvestment Area.

3) Spot Zoning According to the NYS Division of Local Government Services, “Spot zoning refers to the rezoning of a parcel of land to a use category different from the surrounding area, usually to benefit a single owner or a single development interest. Size of the parcel is relevant, but not determinative. Illegal spot zoning occurs whenever “the change is other than part of a well-considered and comprehensive plan calculated to serve the general welfare of the community” [S6-1] and [S6-2]

Spot zoning is, in fact, often thought of as the very antithesis of plan zoning. When considering spot zoning, courts will generally determine whether the zoning relates to the compatibility of the zoning of surrounding uses. Other factors may include; the characteristics of the land, the size of the parcel, and the degree of the “public benefit.” Perhaps the most important criteria in determining spot zoning is the extent to which the disputed zoning is consistent with the municipality’s comprehensive plan.

This proposed change in zoning meets the definition of spot zoning on several grounds: ● It is inconsistent with the surrounding zoning (R-1) ● It is inconsistent with the planned zoning detailed in the comprehensive plan ● It constitutes an unreasonably unequal treatment with comparably situated land

21 4) No Evident Need For The Zone Change According to NYS DOS, requests for zone change must show a need for the zone change. This is strictly defined. Specifically, any change must be made for the benefit of the community as a whole, not for an individual property owner or developer [S6-3].

The need for zone change for the benefit of the community as a whole cannot be shown for the parcel in question: Economic Viability/Burden Criteria is not met. The property can be maintained profitable with a single ● family home that can be rented out; Incurred exploration and evaluation costs cannot be included in calculations for economic viability of the property ● Additionally a rezoning will negatively impact the property value and quality of life for neighboring residents and the overall neighborhood’s character ● There was no change in circumstances or mistake made when the original zoning occurred; The developer cannot show the need for change or occurrence of a mistake in the original zoning. ● Additionally, there are sufficient vacant plots elsewhere and in the immediate vicinity that have been identified in the Comprehensive Plan as Major Reinvestment Area and/or Development Priority Areas. ● The code change would be inconsistent with surrounding uses.

The zone change is inconsistent with the orderly development of public services and infrastructure. A rezoning cannot be granted as it necessitates increased infrastructure and public service that can be provided at another vacant lot in immediate proximity (former PriceChopper) that is additionally locate in one of the “node” zones detailed in the Comprehensive Plan, and was identified by the city council and city council president as development priority.

Due to this area being R-1 and inadequate traffic and parking infrastructure, a rezoning and the associated development would create increased infrastructure needs. These infrastructure needs can already be provided at the abandoned and empty, recently closed Price Chopper property in direct vicinity to this property;

Additionally, multiple vacant buildings in the neighborhood, including across the street from the land in question, are also available for redevelopment without the increased infrastructure and public service burden; including several in development priority zones identified in the comprehensive plan.

Hence, part of town already has the services and can support the same type of development the proposed zone change will allow in the direct vicinity of this property; A rezoning cannot legally be granted for this reason.

SECTION 6 — C: List of Supplemental Evidence for Section 6: ● [S6-1] DOS: Zoning and the Comprehensive Plan https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf Gernatt Asphalt Products, Inc. v. Town of Sardinia, supra at 685, citing Udell v. Haas, supra at 472 ● [S6-2] ● [S6-3] Partnership for the Public Good: Land Use and Zoning Law (https://ppgbuffalo.org/files/documents/environment/land_use/environment-_land_use_and_zoning_la w_a_citizens_guide.pdf

22 Section 7: Alternative Land Use Proposal SUMMARY For the Purpose of Protecting the Land as Historically and Culturally Significant Site And for the Purpose of Creating a Community Food Forest and Cultural Center

A preliminary proposal was shared with representatives of the current owner of this land, and they indicated their openness to this alternative use proposal. This section provides a brief summary of this proposal.

We suggest an alternative land-use plan, centered on and in-tune with community needs and with the goal of preserving the property for the community. We suggest the preservation of this important land and its development as a natural recreational space, food resource in the low-access neighborhood, an ecological buffer zone, and a natural protection against flooding.

The Friends of the Mahicantuck commit to collaborating with the community and partner organizations to - protect the lands for its historical, cultural and ecological significance indefinitely - create of a sustainable community food forest (which would be one of the largest of its kind in the nation) - Create educational and cultural outreach programs, and make these accessible to the local school around the corner from the property as well as the local community

A collaboration between nonprofit partners and the local community, already in formation, will create a community food forest, or edible forest garden as well as a preservation of the natural space and historical site. Food forests are an indigenous food production strategy that strengthens the living ecosystem, by focusing on a harmonious natural relationship. This process increases biodiversity and can strengthen food security in sustainable and regenerative ways. The creation of a Community Food Forest will provide the local communities in Troy with a critical food source and address food injustices prevalent in the local communities surrounding this land.

We see every challenge as an opportunity and are working with our partners towards revealing the history that has been hidden and to exemplify how people can be living a sustainable lifestyle that works hard towards mitigating the human impact on the changing climate.

Community Benefits ● The creation of a trail system for better access to the land and the Hudson River ● The creation of a food forest to improve access to food for the local communities of Troy ● The preservation of the land as an important natural recreation space ● The preservation of the site for its historical significance, and the designation as such ● The preservation of one of the last remaining biodiversity niches within Troy ● The preservation of a natural buffer zone against flood risks in a changing climate

23 APPENDIX: LIST OF SUPPLEMENTAL EVIDENCE SUBMITTED WITH THIS LETTER

Evidence not associated with a direct link is provided online for download via this link: https://drive.google.com/drive/folders/1M410j_8CVzDyjIQzzaz_VcNJOLViByH5?usp=shari ng

Evidence can be submitted in hard copy upon request.

LIST OF EVIDENCE

● 2018 Comprehensive Plan [A]

List of Supplemental Evidence for Section 1: ● [S1-1] Brumbach, H.J. (1987) “A Quarry/Workshop And Processing Station On The Hudson River Archeology of Eastern North America 15 In Pleasentdale, New York”. , (1987), 59-83. ● [S1-2] Lothrop, J. C., Burke, A. L., Winchell-Sweeney, S., and G. Gauthier (2018). Coupling Lithic Sourcing with Least Cost Path Analysis to Model Paleoindian Pathways in Northeastern North American Antiquity 83 America. , (3), 462-484. ● [S1-3] US EPA (2002). Responsiveness Summary Hudson River PCBs Site Record of Decision. Appendix C Stage 1A Cultural Resource Survey. ● [S1-4] Brumbach, Hetty Jo, Zitzler, Paula (1993) Stage II Archeological Investigation Of the Turnpike/River Bend Road Area. Peasentdale Wastewater Facility Plan. Town Of Schaghticoke, Rensselaer County, New York (C-36-1270-01). Public Arecheology Facility, Rensselaer Polytechnic Institute. [Hard Copy Available]. ● [S1-5] National Historic Preservation Act — https://www.nps.gov/history/local-law/nhpa1966.htm ● [S1-6] State Historic Act — https://parks.ny.gov/shpo/environmental-review/preservation-legislation.aspx

List of Supplemental Evidence for Section 2: ● [S2-1] Times Union (July 7, 2017) “Massive Albany Troy Sewage Spills in Hudson https://www.timesunion.com/7dayarchive/article/Massive-Albany-Troy-sewage-spills-in-Hudson-1 1273421.php ● [S2-2] Statement of City of Troy: “Understanding Tory’s Combined Sewer Infrastructure System” July 10, 2017 http://www.troyny.gov/understanding-troy-combined-sewer-infrastructure-system/ ● [S2-3] Conservation Tools: Working With Nature to Manage Stormwater https://conservationtools.org/guides/166-working-with-nature-to-manage-stormwater ● [S2-4] DOS: Impacts of Urban Runoff https://www.des.nh.gov/organization/divisions/water/wmb/tmdl/documents/stormwater_chapt1.pdf ● [S2-5] https://pubs.er.usgs.gov/publication/wri014071 ● [S2-6] Urban Forests and Climate Change https://climate-woodlands.extension.org/urban-forests-and-climate-change/#:~:text=Urban%20for ests%20can%20be%20useful,to%20heat%20and%20cool%20buildings. ● [S2-7] USDA Urban Forests and Climate Change

24 https://www.fs.usda.gov/ccrc/topics/urban-forests-and-climate-change ● [S2-8] National Management Measures to Control Nonpoint Source Pollution from Hydromodification https://www.epa.gov/sites/production/files/2015-09/documents/chapter_3_channelization_web.pdf ● [S2-9] Problems Facing Urban Streams http://www.msdlouky.org/insidemsd/wqurban.htm ● [S2-10] From Channelization To Restoration http://scholar.google.com/scholar_url?url=http://www.academia.edu/download/43058958/Chen_et _al-2016-Water_Resources_Research.pdf&hl=en&sa=X&scisig=AAGBfm3QW_VCYsUVIg_vciK WvVRiz7HOaQ&nossl=1&oi=scholarr ● [S2-11] EPA: Reduce Urban Heat Island Effect https://www.epa.gov/green-infrastructure/reduce-urban-heat-island-effect ● [S2-12] NYT: How Decades Of Racist Housing Policy Left Neighborhoods Sweltering https://www.nytimes.com/interactive/2020/08/24/climate/racism-redlining-cities-global-warming.ht ml ● [S2-13] Benefits of Urban Trees https://www.nature.org/content/dam/tnc/nature/en/documents/Public_Health_Benefits_Urban_Tre es_FINAL.pdf ● [S2-14] CSC Certification Troy http://csc-site-persistent-prod.s3.amazonaws.com/fileadmin/cicbase/documents/2017/11/10/1510 3445909908.pdf ● [S2-15] Comprehensive Plan Map 12

List of Supplemental Evidence for Section 3: ● [S3-1] NYS Division Of Local Government Services: Zoning and the Comprehensive Plan https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf ● [S3-2] New York State City Code Section 28.a.12 ● [S3-3] Comprehensive Plan MAP 13 ● [S3-4] TESTIMONIES OF RESIDENTS

List of Supplemental Evidence for Section 4: ● [S4-1] Charles Marhon Jr. (August 2018) “Building Resilient Communities” https://icma.org/articles/pm-magazine/pm-article-building-resilient-communities ● [S4-2] Charles Marhon Jr. (2017) “The Real Reason Your City Has No Money” https://www.strongtowns.org/journal/2017/1/9/the-real-reason-your-city-has-no-money ● [S4-3] Written Expert Testimony of Dr. of Economy John Gowdy ● [S4-4] Comprehensive Plan Map 2 Investment Areas ● [S4-5] Comprehensive Plan Investment Area Lansingburgh ● [S4-6] Map 14 Land Use ● [S4-7] Resources on Research about Abandoned Properties and Buildings https://journalistsresource.org/studies/government/municipal/abandoned-buildings-revitalization/ ● [S4-8] Annual education spending per state https://www.governing.com/gov-data/education-data/state-education-spending-per-pupil-data.htm l ● [S4-9] Proposed 2020 Budget for Troy NY ● [S4-10] Population Data for Troy NY https://datausa.io/profile/geo/troy-ny

List of Supplemental Evidence for Section 5: ● [S4-8] The Impact of Apartment Complexes on Property Value of Single Family Dwellings https://digitalcommons.unomaha.edu/cgi/viewcontent.cgi?article=2150&context=studentwork&fbcl id=IwAR2lCgQJHlRSBKXF68TGCWDoyvmxRbNG0eXIDMzbITX7polbkTClfeul1Iw

List of Supplemental Evidence for Section 6: ● [S6-1] DOS: Zoning and the Comprehensive Plan https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf Gernatt Asphalt Products, Inc. v. Town of Sardinia, supra at 685, citing Udell v. Haas, supra at 472 ● [S6-2] ● [S6-3] Partnership for the Public Good: Land Use and Zoning Law (https://ppgbuffalo.org/files/documents/environment/land_use/environment-_land_use_and_zoning_la w_a_citizens_guide.pdf

26 TO: The Members of the Troy City Council The Troy Planning Commissioner

This letter is submitted in the name of: The Friends of the Mahicantuck The Schaghticoke First Nations The Center for Climate Communities

REGARDING: RES91 - Resolution Referring Lansingburgh Zoning Change Request to Planning Commission for Review and Recommendation

We are submitting the following statement regarding Resolution 091 and the Development at 1011 2nd Ave in Troy NY.

As you are aware, any consideration of a change in zoning code must incorporate that such a change has to be:

● consistent with the comprehensive plan ● in the interest of the current residents of the city, and not the developer or imagined future residents ● consistent with the surrounding use and zoning

While the planning commission does important work and is a critical institution of the city, it is your responsibility, as stated in city code, to determine whether a change in zoning code is in the interest of the community and the city or not.

At the Planning Committee Meeting on August 27th, extensive evidence was provided by expert and fact witnesses that clearly show the negative impacts for the community that the proposed change in zoning code and the proposed development pose. We clearly provided extensive record and proof that none of the three criteria mentioned above are met for this development and the proposed change in zoning code.

You have an extensive record of evidence, expert testimony, public comments and petitions at your hand to make an informed decision about the appropriateness of the rezoning, and the record shows clearly that the change in zoning code should not — and legally must not — be granted. We provide a summary of this evidence in the Appendix to this letter.

The clear and exhaustive record in writing and in spoken testimony shows that this request for rezoning and the proposed development are not in the interest of the city and its residents.

Additionally, we want to address two central reasons and critical issues that additionally underscore why we urge the Council to stop this process before wasting any further time, resources and tax money.

- We highlight again critical evidence regarding spot zoning and point to additional evidence to address questions raised by members of the council on August 27 that remained insufficiently addressed so far - We highlight violations of NYS Open Meetings Law that raise alarm regarding the public’s rights for participation, should the council choose to move this process further ahead.

ON SPOT ZONING Legal testimony submitted at the Planning Commission meeting on August 27 as well as for this general meeting of the Council on September 10, clearly shows that the rezoning is a text-book case for spot zoning.

What is additionally striking is that questions raised during the August 27 meeting at the Planning Commission remain unaddressed and insufficiently clarified.

We approached our legal council to remedy this gap and ourselves address the raised questions to provide the City Council with this critical information. The expert testimony by our legal council, supported also in statements by other expert testimony, will be submitted separately.

It clearly addresses why this rezoning request would constitute stop zoning, and it also points out that city code must comply with state law; and that arguments that city code would allow for spot zoning are immaterial when state law clearly determines the development as such.

EXCLUSION OF INIDGENOUS LEADERS, VIOLATION OF OPEN MEETINGS LAWS

Additionally, indigenous leaders were excluded from participating in the City Council’s fact finding, prevented from speaking at the general meeting on Thursday, September 10.

We made the City Council and City Council President Carmella Mantello aware of this fact, and also made the members of the council and the president of the council aware that the restriction to allow only residents to speak is inconsistent with NYS Open Meetings Law.

We asked to remedy this situation and ensure all future meetings are compliant with NYS law by removing this restriction. However, this was not addressed appropriately and the inconsistency with NYS law remains.

We are also submitting a written opinion by the NYS Department Of State Open Government Commission reaffirming our position that excluding members of the public is incompatible with state law.

The city failed, despite our urging, to ensure a democratic process, failed to be compliant with state law, and violated the rights of the public and in particular the indigneous leaders.

Given this situation, how can we trust that the rights of the public, the indigenous community and their leaders will be honored and treated lawfully moving forward?

We also ask the city council to restore compliance with state law and honor the public’s right to speak constituted in state law — and to do so for all future public meetings and by changing the city code to be compliant with state law

FOR THESE REASONS We ask you to stop this process now, work with the developer on an alternative site that is consistent with the comprehensive plan, and appropriately protect this land.

2 Finally we want to remind you that both on the August 27 meeting as well as at the September 10 meeting, the public is united in clear opposition across partisan lines.

On August 27 you heard not one member of the public speak in favor of the development. Petitions with over 500 signatures clearly underscore this united opposition.

There is no need to destroy this forest and indigenous cultural site. We have not heard one single argument — not by the developer, not by the planning commission, not by the council, not by the public — for why this development must be on this specific site. We heard not one argument why this development can’t be realized on one of the many alternative sites. We did not hear one good reason, because there are none. Stop this now.

APPENDIX — Summary of key testimony from August 27

The submitted evidence presented at the August 27th meeting was resubmitted by the Friends of the Mahicantuck on September 8 on behalf of the local Troy residents, the expert witnesses that worked on compiling this evidence, and our indigneous partners.

Additional, new evidence complements the material and testimony submitted for the August 27 meeting and was provided by the expert witnesses in separate testimonies submitted in writing ahead of September 10 and read into the record during the general meeting on September 10.

Highlights from the August 27 meeting and the provided evidence and expert testimony include:

1. Historical and Archeological Significance You have been made extensively aware of the historical and cultural significance of this site. Artifacts at this location date to 1500-3000 B.C. and the representative of the archeological survey firm Hartgen associated with the development and working with the developer himself stated at the August 27th meeting that this site is National Register eligible.

Not to mention the extensive testimony in writing and in spoken form by indigenous leaders who can best attest to the significance, historically and culturally, of this land and the åncesteral ties that are maintained and well alive today — although their voices have been excluded from today’s meeting by the city’s resident requirement.

This development clearly contradicts the responsibility of this council. It is not the question, whether this development can legally proceed, which is doubtful without extensive environmental and archeological review and survey. But the council must determine if the rezoning will harm the city. Destroying it’s history, and the history of Indigenous Peoples reaching back thousands of years, is clearly NOT in the interest of the city and its residents.

Based on the provided evidence, a change in zoning code must be denied due to the negative impact on the historical and archeological heritage of the City of Troy.

2. Inconsistency with Realize Troy 2018 Comprehensive Plan

3 Multiple fact witnesses pointed to the perhaps gravest legal concerns associated with the development, including inconsistencies with the comprehensive plan as well as issues regarding spot zoning. Submitted written evidence and expert testimonies further expanded on these legal issues.

A statement by a lawyer, read into the record today and submitted in writing, clearly shows that this rezoning is a textbook case for spot zoning, and it is striking that the city council was unable to secure a clear legal clarification from their own council or an external council.

It was suggested during the 27th meeting that spot zoning would not be the case because of city code provisions as well as the size of the area. We submitted, and read into the record, additional evidence that clearly explains that this is not the case, and that the size of the area does not matter, and that despite these arguments, this development and rezoning constitute a textbook case of spot zoning.

Additionally, there are striking discrepancies between the priorities of the comprehensive plan and the proposed rezoning, and statements by the attorney as well as written expert testimonies clearly highlight these inconsistencies.

A lot of time, effort and taxpayer money went into drawing the comprehensive plan. And city code itself maintains that any zoning code must be consistent with the comprehensive plan.

Based on the provided evidence in this letter, a change in zoning code must be denied due to explicit inconsistencies with the 2018 comprehensive plan.

3. Economic Grounds At the meeting on the 27th, as well as in written expert testimony submitted for today’s meeting, experts, including renowned economist John Gowdy in a written submission, made clearly explicit the negative economic impacts of the proposal as grounds for denying the change in zoning code for Tax Parcel 70.64-1-1.

We highlighted the direct and indirect as well as short- and long-term economic costs associated with the proposed development. In collaboration with the experts quoted in the written submission of supplementary evidence and individual written letters, we explicitly shows that the proposed development will NOT provide the promised increase in tax revenue and instead significantly increase the economic costs for the City of Troy and its tax paying residents.

In particular, costs associated with increased pressures on the public school system, road maintenance, emergency services, and the already dramatically strained sewage system, will increase the costs for the city far above the expected short-term revenue associated with the development of this site.

With the input of experienced economists, we calculate that this development will lead to an increased combined REVENUE LOSS for the city and school district of AT LEAST $500,000 ANNUALLY

A change in zoning code must be denied, as 1) the Economic Viability and Burden Criteria is not met, as 3) the development will negatively impact local property values, and as 2) there is no clear economic benefit to the current residents of the City of Troy.

4. Environmental and Public Health Impacts Expert testimony during the Committee meeting 27th pointed to significant negative environmental and public health impacts, and associated significant costs for the city. This included amongst others increased urban heat island effects, runoff pollution, further stress on the combined sewage system that is already under stress. This development and rezoning constitute harm to our environment and the health of local residents.

Based on the provided evidence, a change in zoning code must be denied due to adverse impact on public and environment as well as due to inconsistencies with the Comprehensive Plan.

5 Stormwater Quantity and Quality Analysis of 1011 Second Avenue, Troy, NY

Prepared by James Kruegler, water resources specialist Executive Summary Possible development scenarios[1] for the land at 1011 Second Avenue, Troy, NY were analyzed in terms of changes in land cover that would accompany each development scenario. The effects of these changes in land cover on surface runoff and surface water pollution were simulated and compared using the i-Tree Hydro hydrology model[2]. The current scenario was simulated with the “Current” land cover in place, and the two development scenarios were simulated respectively with the “Development 1” and “Development 2” land cover in place.

Relative to the Current scenario, the Development 1 land cover produced 19.3% more surface runoff and the Development 2 land cover produced 19.2% more surface runoff (Figure 1).

Figure 1. Surface runoff for each modeled scenario, classified by the land cover types where the surface runoff was generated.

Based on the above changes in surface runoff, both Development scenarios also generated more pollution, ranging from 142% to 164% increases for each of the pollutants assessed (Figure 2).

Figure 2. Surface water pollution for each modeled scenario, tracking the common surface water pollutants phosphorus (total phosphorus), nitrogen (total nitrogen), and sediment (total suspended solids). Note the y-axis uses a logarithmic scale.

The Development 1 and Development 2 land cover scenarios both produced greater surface runoff and surface water pollution than Current land cover. Assuming the land cover changes involved in the proposed development are reasonable representatives for what would happen in any similar development on this land, it is unlikely that development and the prerequisite zone change could maintain surface runoff and surface water pollution levels comparable to Current land cover.

The accuracy of absolute values reported in this analysis could not be evaluated, and instead it is recommended the relative (%) change values are emphasized within the context of a qualitative rather than quantitative assessment. Given certain characteristics of the land at 1011 Second Avenue, the feasibility of the proposed development (with respect to maintaining state-mandated surface water quantity and quality) is uncertain and cannot be quantitatively evaluated with the present level of detail available.

Background & Objectives This analysis was designed to calculate the surface runoff and pollutant loading of two tax parcels (hereafter referred to as the “Project Area”) located along the Hudson River waterfront and on either side of the border between the City of Troy and the Town of Schaghticoke (Figure 3). The Project Area was analyzed within the context of possible future zone change and development scenarios presently being considered by parties within the City of Troy. These possible future development scenarios, detailed in a document hereafter referred to as the “Development Plan”[1], were analyzed in terms of the changes in land cover distributions that would accompany each development scenario. The effects of these changes in land cover on surface runoff and pollutant loading were simulated and compared using the i-Tree Hydro hydrology model[2]. Figure 3. Location of the Project Area (red) relative to the City of Troy (blue) and the Town of Schaghticoke (pink). Yellow box in image (a) corresponds to the full outline of image (b). Imagery from Google Earth, originally dated circa 2018.

Data and Methods Hourly weather data for the period of 1/1/2010 – 12/30/2010 were derived from a local weather station at Albany International Airport (USAF-WBAN: 725180-14735). This calendar year was selected as a representative sample of annual precipitation for the Project Area, having recorded the median total annual precipitation at this weather station for the years 2001-2019. The current land cover in the Project Area (Table 1, “Current scenario” column) was calculated using the i-Tree Canopy tool[3], which has users photo-interpret Google Earth imagery (image date circa 2020) to classify points within an area of interest. Within this Project Area, 200 randomly-located points had their land cover classified to bring standard error below 2%. The land cover of possible development scenarios (Table 1, columns 3-4) were estimated based on information provided in Table 2-1 and Exhibit 4 of the Development Plan[1].

Table 1. Percent land cover estimates for all modeled scenarios. Due to rounding, estimates may not add up to exactly 100%. Land cover Current scenario Development 1 scenario Development 2 scenario

Trees over pervious 91.5% 22.5% 18.0% Trees over impervious 1.0% 0.25% 0.20% Grass/herbaceous 3.5% 41.2% 46.5% Impervious, no trees 1.0% 36.1% 35.3% Bare soil 3.0% 0% 0%

The i-Tree Hydro model used the above data inputs, along with digital elevation model (DEM) data, to simulate flow and water quality in the Project Area for the period of 1/1/2010 – 12/30/2010. The current scenario was simulated with the “Current” land cover in place, and the two development scenarios were simulated respectively with the “Development 1” and “Development 2” land cover in place. In terms of model output, the total flow Hydro simulates is made up of runoff from pervious surfaces, runoff from impervious surfaces, and baseflow (water traveling underground). For this analysis, surface runoff was defined as the sum of pervious surface flow and impervious surface flow components.

Because the Project Area was not a watershed (i.e., there is more than one point from which all the Project Area’s water leaves that area), Hydro model output could not be calibrated to streamflow observations. This means the accuracy of the absolute values of surface runoff and pollutant loading could not be known. Instead, the relative changes in these values between scenarios were used to describe surface runoff and pollutant loading from the Project Area.

Event mean concentration (EMC) data were multiplied by surface runoff volumes to estimate pollutant loading for total phosphorus (TP), total nitrogen (TN), and total suspended solids (TSS). The EMC values used were based on HUC-8 basin specific pollution export coefficients[4]. The Project Area is located within the HUC-8 basin 02020003, so this was used as the representative basin for extracting pollution coefficients. These data were then used to compute the localized EMCs based on distributions of National Land Cover Database (NLCD) land cover classes[5]. The distributions of NLCD land cover for development scenarios were estimated based on information provided in Section 1.3 and Exhibit 4 of the Development Plan[1]. The Current and Development scenarios each had unique NLCD land cover (Figure 4), and correspondingly a unique set of EMCs was calculated for each scenario (Table 2; median values used for pollutant loading calculations in bold).

Figure 4. Distributions of NLCD land cover classes within the Project Area for all scenarios. All maps are oriented with north at the top.

Table 2. Distributions of localized event mean concentrations (EMCs, oz/ft3) based on White et al. (2015)[1] and Stephan et al. (2017)[6]. Median values used for pollutant loading calculations in bold. Scenario Pollutant Minimum Low Median High Maximum (oz/ft3) (oz/ft3) (oz/ft3) (oz/ft3) (oz/ft3) TP 2.85E-05 5.94E-05 2.32E-04 5.59E-04 8.39E-04 Current TN 1.17E-03 1.67E-03 3.51E-03 6.49E-03 9.44E-03 TSS 0.0309 0.0520 0.178 0.707 1.31

TP 7.45E-05 1.11E-04 5.00E-04 1.29E-03 1.79E-03 Development TN 2.81E-03 3.70E-03 7.64E-03 0.0142 0.0191 1 TSS 0.0909 0.132 0.361 1.72 3.33

TP 7.61E-05 1.13E-04 5.10E-04 1.31E-03 1.83E-03 Development TN 2.86E-03 3.76E-03 7.78E-03 0.0145 0.0194 2 TSS 0.0929 0.135 0.369 1.76 3.40

Results Relative to the Current scenario, the Development 1 land cover produced 19.3% more surface runoff and the Development 2 land cover produced 19.2% more surface runoff (Table 3; surface runoff column in bold). In Development 1, about 36% of this extra surface runoff was generated over pervious surfaces and 64% was generated over impervious surfaces. In Development 2, about 40% of this extra surface runoff was generated over pervious surfaces and 60% was generated over impervious surfaces.

In both Development scenarios, the increase in impervious cover (Table 1) from the Current scenario meant that a much higher fraction of that impervious cover was considered directly connected to the Project Area’s outlets. This in turn made it more likely that precipitation falling onto impervious surfaces would have been carried to an outlet exclusively along impervious surfaces, rather than that impervious runoff encountering pervious surfaces to infiltrate or become pervious runoff.

Table 3. Surface runoff (bold) and its components for the Current and Development scenarios, in millions of cubic feet and percent change from Current land cover. Scenario Pervious runoff Impervious runoff Surface runoff Current (mil. ft3) 0.836 3.21E-05 0.836

Development 1 (mil. ft3) 0.894 0.103 0.997 Change from Current 6.98% 3.22E+05% 19.3%

Development 2 (mil. ft3) 0.899 0.0970 0.996 Change From Current 7.59% 3.02E+05% 19.2%

Based on the above changes in surface runoff, both Development scenarios also generated more pollution for each of the pollutants assessed (Table 4). In both cases, total nitrogen experienced the greatest relative (%) increase in pollution and total suspended solids had the greatest absolute (tons) increase in pollution. The percent changes in pollutant loading are different for each pollutant because the distribution of NLCD land cover classes shifted between each scenario, which changed the EMC calculation as described in the “Data and Methods” section. As each of the NLCD classes is associated with its own range of EMC values for each pollutant constituent, a change in the amount of any one NLCD class can affect the loading of each pollutant differently by affecting both pollutant concentrations and runoff volume.

Table 4. Estimated pollutant loading of total phosphorus, total nitrogen, and total suspended solids for all modeled scenarios, in tons (2,000 lbs) and percent change from Current. Scenario TP (tons) TN (tons) TSS (tons) Current 0.00606 0.0917 4.65

Development 1 0.0156 0.238 11.3 Change from Current 157% 160% 142%

Development 2 0.0159 0.242 11.5 Change from Current 162% 164% 147%

Discussion & Conclusions The Development 1&2 land cover scenarios both produced greater surface runoff and surface water pollution than Current land cover. The distributions of land cover types between the two Development scenarios were similar, and in turn these scenarios resulted in similar changes in water quantity and quality for the modeled Project Area. Amounts of tree and impervious cover both influence what fraction of rainfall Hydro will partition into surface runoff. Removing tree canopy and expanding impervious surfaces are two separate but interrelated changes that increased surface runoff and surface water pollution in the Development scenarios. Assuming the land cover changes proposed in the Development Plan are reasonable representatives for what would happen in any similar development of the Project Area, it is unlikely that development and the prerequisite zone change could maintain surface runoff and surface water pollution levels comparable to Current land cover.

The accuracy of absolute values reported in this analysis could not be evaluated, and instead it is recommended the relative (%) change values are emphasized within the context of a qualitative rather than quantitative assessment. The fact that the Hydro model could not be calibrated contributed some uncertainty to the analysis, but a lack of necessary details in the Development Plan made it impossible to perform a more quantitative assessment, let alone to rigorously evaluate such an assessment. For example, the Development Plan states (pages 4-5[1]) that stormwater management mechanisms such as “bioretention basins” and “stormwater ponds” would be incorporated into the Project Area, and that proposed development “would be designed so that the total site runoff of stormwater will be less than or equal to existing conditions and in conformance with NYSDEC storm water permit 15-00-002”. This is the full extent of details offered in the Development Plan regarding stormwater management infrastructure, however. At no point is any of this infrastructure described in terms of the specific performance criteria required by the latest iteration of the aforementioned NYSDEC stormwater permit[7] and the New York State Stormwater Management Design Manual[8]. These performance criteria would provide the information necessary to quantitatively evaluate if the proposed development in the Development Plan is feasible and practical for the Project Area. Given certain characteristics of the Project Area (steep and highly variable grade[1], low/no depth to bedrock[9]), the feasibility of the Development Plan with respect to maintaining state-mandated surface water quantity and quality is uncertain with the present level of detail available.

References 1. M.J. Engineering & Land Surveying, P.C.. Project Narrative for SECOND AVENUE: City of Troy & Town of Schaghticoke Rensselaer County, New York. Prepared for Kevin Vandenburgh, October 28, 2020. 2. Wang, J., Endreny, T.A. and Nowak, D.J. (2008), Mechanistic Simulation of Tree Effects in an Urban Water Balance Model1. JAWRA Journal of the American Water Resources Association, 44: 75-85. doi:10.1111/j.1752-1688.2007.00139.x 3. i-Tree. 2011. I-Tree Canopy technical notes. I-Tree Methods and Files Archives. https://canopy.itreetools.org/resources/iTree_Canopy_Methodology.pdf 4. White, M., D. Harmel, H. Yen, J. Arnold, M. Gambone, and R. Haney. 2015. Development of sediment and nutrient export coefficients for U.S. ecoregions. Journal of the American Water Resources Association (JAWRA) 51(3): 758-775. 5. Homer, C. G., Dewitz, J. A., Yang, L., Jin, S., Danielson, P., Xian, G., Coulston, J., Herold, N. D., Wickham, J. D., and K. Megown. 2015. Completion of the 2011 National Land Cover Database for the conterminous United States—Representing a decade of land cover change information: Photogrammetric Engineering and Remote Sensing 81(5): 345–354. 6. Stephan, E.A., Coville, R.C., White, M., Endreny, T.A., and D.J. Nowak. 2017. Estimating pollutant coefficients for sediment, total N, and total P specific to NLCD classes within HUC-8s nationwide. (Research in progress.) SUNY College of Environmental Science and Forestry, Syracuse, NY. 7. New York State Department of Environmental Conservation (NYSDEC). 2020. SPDES General Permit for Stormwater Discharges. Effective date January 29, 2020, available online at https://www.dec.ny.gov/docs/water_pdf/constgp020001.pdf. 8. New York State Department of Environmental Conservation (NYSDEC). 2015. New York State Stormwater Management Design Manual. Updated by NYSDEC January 2015, available online at https://www.dec.ny.gov/chemical/29072.html. 9. Friends of the Mahicantuck. 2021. TROY’S SACRED FOREST: Its culture, ecology, history, archaeology, and significance to the community. Compiled and published January 22, 2021, available online at http://www.friendsofthemahicantuck.org/wp-content/uploads/2021/01/final-jan2021-Report- SACRED-FOREST.pdf.

25 Walton Street, Saratoga Springs, New York 12866 P 518.886.1902 www.ruppbaase.com

PHILLIP A. OSWALD [email protected]

August 27, 2020

Via Electronic Mail

Troy City Council Planning Committee 433 River Street Troy, NY 12180 [email protected] aaron [email protected]

Dear Hon. Sirs/Madams,

Re: August 27, 2020 Hearing Ordinance Authorizing Amendment – Parcel No. 70.64-1-1 Our File No.: 7754.19332

I represent the Friends of the Mahicantuck and the Schaghticoke First Nations. I am respectfully requesting that this letter be added to the meeting minutes and be considered in opposition to the Ordinance Authorizing Amendment of the City of Troy Zoning Map Established by the Troy Code Section 285-49 (A) to Rezone Tax Map Parcel Number 70.64-1-1 on 2nd Avenue in North Troy (the “proposed rezoning”) that is being heard before the Committee on August 27, 2020. For the reasons discussed below, it is respectfully submitted that the proposed rezoning would constitute unlawful spot zoning. Particularly, the proposed rezoning and the development project being proposed for parcel number 70.64-1-1 (the “property”) is highly inconsistent with and would actually violate several key provisions of the Realize Troy Comprehensive Plan (May 2018) (the “Comprehensive Plan” or the “Plan”).

I. SPOT ZONING UNDER NEW YORK LAW. Under New York law, the “classic” definition of spot zoning was provided by the N.Y. Court of Appeals in its 1951 decision in Rodgers v. Village of Tarrytown, 302 N.Y. 115, 96 N.E.2d 731 (1951). In that case, the Court of Appeals defined spot zoning as follows:

[T]he process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners . . . “spot zoning” is the very antithesis of planned zoning.

Buffalo |Rochester |Williamsville |Ellicottville | Jamestown

ruppbaase.com RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 2

Id. at 123-24. This definition since has been followed and repeated by several courts that have analyzed whether proposed rezoning constitutes impermissible spot zoning. E.g., Matter of Yellow Lantern Kampground v. Cortlandville, 279 A.D.2d 6, 9, 716 N.Y.S.2d 786, 789 (3d Dept. 2000).

Since the Rodgers decision, New York courts have applied the definition of spot zoning through an analysis of several factors. Specifically, the following factors are applied to determine whether impermissible spot zoning has occurred: (1) whether the proposed use is compatible with surrounding uses; (2) whether the rezoning is consistent with a comprehensive land use plan; (3) any likelihood of harm to surrounding properties; (4) recommendations of professional planning staff; and (5) availability and suitability of other parcels. E.g., Matter of Yellow Lantern Kampground, 279 A.D.2d at 9-10 (quoting Matter of Save Our Forest Coalition v. City of Kingston, 246 A.D.2d 217, 221, 675 N.Y.S.2d 451 (3d Dept. 1998). It is important to remember, however, that “[n]o single factor is dispositive,” and “the ultimate test is ‘whether the change is other than part of a well-considered and comprehensive plan calculated to serve the general welfare of the community.’”1 Matter of Yellow Lantern Kampground, 279 A.D.2d at 9- 10 (quoting Matter of Save Our Forest Coalition, 246 A.D.2d at 221).

II. APPLICATION OF THE SPOT ZONING FACTORS TO THE PROPOSED REZONING AND THE PROPOSED USE OF THE PROPERTY. When applying the factors that have been articulated by New York courts to determine whether spot zoning has occurred, each factor supports that the proposed rezoning constitutes spot zoning. Subpoint A below addresses the first factor, Subpoint B below addresses the second through fourth factors, and Subpoint C below addresses the fifth factor.

A. Whether the Proposed Rezoning is Compatible With Surrounding Uses.

Here, the clear majority of the surrounding properties are used as single-family residences — i.e., an “R1” zoning designation — while the proposed rezoning would permit for the property to be used for an “apartment complex with six (6) 3-story buildings sitting atop covered parking spaces — resulting in a Planned Development or “P” zoning classification for the property (Official Zoning Map, City of Troy (Dec. 19, 2016) (“Zoning Map”); Resolution Referring Lansingburgh Zoning Change Request to Planning Commission for Review and Recommendation (undated) (“Proposed Resolution”); see also Project Narrative for Second Avenue at 1 (Aug. 19, 2020) (“Project Narrative”) (“six multi-family buildings, associated parking, stormwater management, site amenities and utilities”).

1 Indeed, by statute in New York, “[a]ll city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.” N.Y. Gen. City Law § 28-a(12) (McKinney’s 2020). RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 3

While the existing use of surrounding properties and the proposed use of the property are both residential, several material differences exist between these two distinct types of residential uses. Undoubtedly, single-family residences — even a neighborhood of them — are categorically different than several large multi-family structures containing hundreds of units.2 First, the population density in the given geographical areas is substantially greater for large multi-family, residential structures, such as what is being proposed. Second, the structures themselves change the character of the area, as they are different in almost all respects from single-family houses. Third, the utility and other ancillary services that are necessary for such an increased density inherently differ from those associated with a single-family neighborhood. Therefore, even though both uses are residential, it would be illogical, arbitrary, and superficial to conclude that both are compatible on this ground because it would overlook the actual differences between the two uses.

Lastly, again, it should be noted that the proposed rezoning would classify the property as a planned development area — i.e., an “P” zoning designation (Proposed Resolution). However, in the context of the geographical boundaries of the City, no other planned development area is in close proximity to the property, which also means that the proposed rezoning is inconsistent with uses on surrounding areas (see Zoning Map). The closest area classified as planned development is separated from the property by several city blocks and several differently zoned areas. Accordingly, the proposed rezoning would not be compatible with uses of surrounding properties, especially considering the majority of those properties are used as single-family residences and the proposed use for the property would entail several large, densely packed apartment buildings. Thus, the first factor in the spot zoning analysis supports that the proposed rezoning is spot zoning.

B. Whether the Rezoning is Consistent With a Comprehensive Land Use Plan, Likelihood of Harm to Surrounding Properties, and Recommendations of Professional Planning Staff.

Turning to the second through fourth factors of the spot zoning analysis, these factors will be discussed collectively in this section because they are each related when assessing the proposed rezoning here. To explain, the Comprehensive Plan obviously controls the second factor — i.e., whether the rezoning is consistent with a comprehensive land use plan. However, it also controls the third and fourth factors, as the Plan presumably was put in place to avoid

2 In fact, courts have held that increasing the density of residents in an area can be a basis for a finding that rezoning constituted spot zoning, even if the surrounding area also is residential. See Matter of Cannon v. Murphy, 196 A.D.2d 498, 498, 600 N.Y.S.2d 965, 966 (2d Dept. 1993) (rezoning that allowed one residence per every 0.26 acres constituted spot zoning when the surrounding area allowed one residence per every 2 acres). RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 4

harm to surrounding properties3 and was based on the recommendations of professional planning staff. Accordingly, here, consistency with the Comprehensive Plan can be used to analyze the proposed rezoning in the context of the second through fourth factors. For several reasons, the proposed rezoning is inconsistent with the Comprehensive Plan.

1. The Proposed Rezoning is Inconsistent With Goal 1 and Goal 6.

Goal 1 and Goal 6 of the Comprehensive Plan make clear that high density, multi- family residential use should not occur on the property. Specifically, the property is located in a “Low-Rise Residential Area” that should only entail “low-density” residential uses (Comprehensive Plan at 62, 64). High to mid-density residential use should occur closer to the City Center, even if not within its boundaries (see id. at 61-62, 64). Indeed, the Plan explicitly provides:

The City of Troy is largely built out. Opportunities for change, development, growth and community revitalization will need to occur within developed areas, through intensification or infill development. Infill can support improvements to public transit as well as walking and cycling infrastructure. It can also revitalize neighborhoods and areas of the city that contain brownfield and greyfield sites. Infill development makes use of existing structures and infrastructure and is therefore considered a more sustainable city-building approach compared to continued outward expansion which has occurred in the counties of the Capital District.

(id. at 61). Furthermore, Goal 1 clearly provides that residential use should be directed toward the City Center, which is specifically identified as a “key area for residential growth” (id. at 29 (emphasis added)). Certainly, doing so would mitigate the “high vacancy rates [that] are also contributing to neighborhood destabilization,” which is an important objective emphasized throughout the Plan (id. at 11).

Therefore, the proposed rezoning would further contribute to the “built out” residential model that the Plan emphatically seeks to avoid, as the property, in fact, is located on the very peripheral of the City’s boundaries (see Zoning Map). In other words, the proposed rezoning would be the antithesis of the “compact growth” that is prioritized in the Plan, including directing residential development away from “key” areas. Thus, the proposed rezoning is inconsistent with these two goals of the Comprehensive Plan.

3 N.Y. Gen. City Law § 28-a(12) (McKinney’s 2020) (“[a]mong the most important powers and duties granted by the legislature to a city government is the authority and responsibility to undertake city comprehensive planning and to regulate land use for the purpose of protecting the public health, safety and general welfare of its citizens”). RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 5

2. The Proposed Rezoning is Inconsistent With Goal 4 and Goal 5.

The proposed rezoning is inconsistent with Goal 4 and Goal 5 of the Comprehensive Plan in the following three crucial ways: (1) it decreases access to important open spaces and nature-based recreational resources, including the Hudson River and its shoreline; (2) it is detrimental to the environmental and ecological health of the area; and (3) it would not only threaten, but would completely eviscerate an irreplaceable historical and cultural site.

First, increased access to open space and nature-based recreation is a critical goal and theme weaved throughout the Comprehensive Plan. Specifically, it is highlighted by, inter alia, the following provisions:

Ø Troy’s 7.5 miles of waterfront along the Hudson River also represents a significant open space and recreational asset. However, much of the waterfront is currently inaccessible to the public. (Comprehensive Plan at 15) (emphasis added). Ø With very few exceptions, notably at Riverfront Park, Troy’s waterfront is not visible, and the city turns its back to the river. North of the downtown, much of the waterfront is occupied by private residential uses and there are few opportunities to experience the waterfront. (Id. at 18) (emphasis added). Ø Transforming the river’s edge into a series of unique waterfront places each with a distinct role to play in the future of Troy’s economy is a tremendous opportunity to bolster the city as a whole. (Id. at 18) (emphasis added). Ø A city’s open space network and the variety of its recreational and cultural offerings contribute significantly to a community’s quality of life, overall health and competitive advantage within the region. (Id. at 51) (emphasis added). Ø Public streets that end at the water’s edge will be transformed into waterfront lobbies for improved enjoyment and access to the waterfront. (Id. at 52). Accordingly, increasing and protecting — rather than forfeiting — open spaces and nature-based recreational spaces is a clear and resounding priority and goal under the Plan, including, in particular, increasing access to the Hudson River. Indeed, one explicit goal is to “[r]econnect Lansingburgh visually and physically to the Hudson River shoreline” (id. at 36) (emphasis added). The proposed rezoning, however, would completely contravene these clear goals and priorities under the Plan by leading to more “waterfront [being] occupied by private residential uses” and thereby further limiting “opportunities to experience the waterfront.” Even more importantly, aside from being inconsistent with the Plan, the proposed rezoning would be a deliberate step towards decreasing the “quality of life” and “overall health” of the community. RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 6

Second, with respect to environmental and ecological integrity, the Plan yet again includes unambiguous language that prioritizes this as a goal. Indeed, Goal 4 is titled “Preserve and Showcase the City’s Parks, Open Spaces and Cultural Assets” (Comprehensive Plan at 51). Additionally, the Plan includes, inter alia, the following passages:

Ø The majority of the Hudson River shoreline south of the Collar City Bridge has been channelized, which has interrupted or removed natural ecosystems. Due to this activity, sediment from the Hudson River is no longer deposited on the banks, and limited habitat is available for fish and wildlife species. (Comprehensive Plan at 16) (emphasis added). Ø Existing ecological resources including wetlands and shoreline habitat shall be protected, preserved and enhanced. (Id. at 58) (emphasis added). Ø For new development with frontage on the waterfront that is 500 square feet or greater, the City of Troy will require the submission of a construction management plan that demonstrates that the development will not compromise the Hudson riverbank. (Id.) (emphasis added). Therefore, in no uncertain terms, the Plan makes clear that protecting, preserving, and enhancing “[e]xisting ecological resources including wetlands and shoreline habitat” is a requirement — they “shall be protected, preserved and enhanced.” In fact, the property here is located in a “New Proposed Coastal Boundary” (id. at 60) (emphasis added). Again, however, the proposed rezoning would literally destroy what is likely the last remaining forested tract along the Hudson River. As a result, the proposed rezoning not only would contravene the Plan, but it would be a blatant, undisputable violation of it.4

Lastly, but certainly equally as important, the Plan also prioritizes and emphasizes protecting cultural assets, which, again, is reflected in the very title of Goal 4 (Comprehensive Plan at 51). Moreover, the Plan unambiguously provides that “the City must invest in its . . . heritage assets” (id. at 9) (emphasis added). Rightfully so, the Plan highlights Native American heritage as the very genesis of the City itself; specifically, on page 5, the Plan provides the following:

The City of Troy’s first occupants were Native Americans who were drawn to the islands situated at the confluence of the Mohawk and Hudson Rivers due to the fertile farmlands and safe, defensive position this location offered at the intersection of these two waterways.

4 At the very least, a review in compliance with the State Environmental Quality Review Act (“SEQRA”) is necessary for the proposed rezoning. To the extent that one has not been performed, the proposed rezoning should be rejected in its entirety. See Matter of Cannon v. Murphy, 196 A.D.2d 498, 501, 600 N.Y.S.2d 965, 968 (2d Dept. 1993). RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 7

In this respect, one concrete objective under the Plan is to secure a UNESCO World Heritage Site Designation for the “historic downtown and its broader environment,” which is noted “would elevate Troy nationally as a world class heritage destination with the power to significantly strengthen the city’s tourism-related economies” (id. at 51) (emphasis added). Here, the cultural and historical significance of the property is detailed at length in the record by those who have direct, in-depth, first-hand knowledge. Given the testimony and record materials from these rightfully concerned citizens, the proposed rezoning would eviscerate one of the most — if not the most — culturally and historically significant sites in the City. Thus, the proposed rezoning would constitute a clear contravention of the Plan in this respect as well.

In sum, the proposed zoning would be in direct contravention of Goal 4 and Goal 5 of the Comprehensive Plan in three critical ways — to wit, foregoing open space and nature- based recreational opportunities, compromising the environmental and ecological integrity of the City’s natural resources, and failing to preserve cultural heritage assets. Thus, the proposed rezoning also is inconsistent with these two goals of the Comprehensive Plan.

3. Conclusion.

In sum, the proposed rezoning is inconsistent with the Comprehensive Plan, which courts have referred to as the “ultimate test” when assessing whether a proposed rezoning is spot zoning. In fact, not only is it inconsistent, but the proposed rezoning actually violates the Plan in several respects. Moreover, since the Plan is intended to serve the general welfare of the community, the proposed rezoning also creates a likelihood of harm to surrounding properties because it is inconsistent with the Plan. Likewise, since the Plan most certainly was drafted by planning professionals, the proposed rezoning also goes against the recommendations of those professionals in the Plan. Therefore, the second through fourth factors in the spot zoning analysis support that the proposed rezoning is spot zoning.

C. Availability and Suitability of Other Parcels.

Several other parcels are designated for planned development, and there is no legitimate reason why they are not equally available and suitable for the high-density, multi- family uses being proposed (see Zoning Map). In fact, those parcels appear to be more suitable according to the Comprehensive Plan because they are “located along corridors” and/or “are close to a high concentration of services, transit and amenities,” thereby rendering them “Mid- Rise” or “High-Rise” residential areas (Comprehensive Plan at 62, 64; Zoning Map). It appears that the only person to whom the property would be more suitable is the option-holder5 who is requesting the proposed rezoning, which obviously is not a legitimate consideration when

5 It is important to note that as an option holder, the party requesting the proposed rezoning would not lose value or use of property actually owned by him.

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determining whether to rezone the property and indeed is highly indicative of spot zoning.6 Accordingly, the fifth factor in the spot zoning analysis supports that the proposed rezoning is spot zoning.

III. CONCLUSION. In closing, based on the relevant analysis under New York law, it is respectfully submitted that the proposed rezoning would constitute spot zoning. Most importantly, this conclusion is undisputable given the several instances of how the proposed rezoning would directly contravene and even violate the Comprehensive Plan. Accordingly, it is respectfully requested that the proposed rezoning be rejected in its entirety. Thank you for your courtesy and your consideration of this submission.

Sincerely,

Phillip A. Oswald

cc: Mr. Steven Strichman {via electronic mail – [email protected]} Commissioner of Planning & Economic Development City of Troy, Planning Department

Ms. Carmella Mantello {via electronic mail – [email protected]} President Troy City Council

6 See, e.g., Boyles v. Town Board of Town of Bethlehem, 278 A.D.2d 688, 690, 718 N.Y.S.2d 430, 432 (3d Dept. 2000).

ADDENDUM A

25 Walton Street, Saratoga Springs, New York 12866 P 518.886.1902 www.ruppbaase.com

PHILLIP A. OSWALD [email protected]

August 27, 2020

Via Electronic Mail

Troy City Council Planning Committee 433 River Street Troy, NY 12180 [email protected] [email protected]

Dear Hon. Sirs/Madams,

Re: August 27, 2020 Hearing Ordinance Authorizing Amendment – Parcel No. 70.64-1-1 Our File No.: 7754.19332

Buffalo |Rochester |Williamsville |Ellicottville | Jamestown

ruppbaase.com RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 2

A. Whether the Proposed Rezoning is Compatible With Surrounding Uses.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 3

B. Whether the Rezoning is Consistent With a Comprehensive Land Use Plan, Likelihood of Harm to Surrounding Properties, and Recommendations of Professional Planning Staff.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 4

1. The Proposed Rezoning is Inconsistent With Goal 1 and Goal 6.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 5

2. The Proposed Rezoning is Inconsistent With Goal 4 and Goal 5.

Ø With very few exceptions, notably at Riverfront Park, Troy’s waterfront is not visible, and the city turns its back to the river. North of the downtown, much of the waterfront is occupied by private residential uses and there are few opportunities to experience the waterfront. (Id. at 18) (emphasis added).

Ø Transforming the river’s edge into a series of unique waterfront places each with a distinct role to play in the future of Troy’s economy is a tremendous opportunity to bolster the city as a whole. (Id. at 18) (emphasis added).

Ø A city’s open space network and the variety of its recreational and cultural offerings contribute significantly to a community’s quality of life, overall health and competitive advantage within the region. (Id. at 51) (emphasis added).

Ø Public streets that end at the water’s edge will be transformed into waterfront lobbies for improved enjoyment and access to the waterfront. (Id. at 52). Accordingly, increasing and protecting — rather than forfeiting — open spaces and nature-based recreational spaces is a clear and resounding priority and goal under the Plan, including, in particular, increasing access to the Hudson River. Indeed, one explicit goal is to “[r]econnect Lansingburgh visually and physically to the Hudson River shoreline” (id. at 36) (emphasis added). The proposed rezoning, however, would completely contravene these clear goals and priorities under the Plan by leading to more “waterfront [being] occupied by private residential uses” and thereby further limiting “opportunities to experience the waterfront.” Even more importantly, aside from being inconsistent with the Plan, the proposed rezoning would be a deliberate step towards decreasing the “quality of life” and “overall health” of the community.

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Ø Existing ecological resources including wetlands and shoreline habitat shall be protected, preserved and enhanced. (Id. at 58) (emphasis added).

Ø For new development with frontage on the waterfront that is 500 square feet or greater, the City of Troy will require the submission of a construction management plan that demonstrates that the development will not compromise the Hudson riverbank. (Id.) (emphasis added). Therefore, in no uncertain terms, the Plan makes clear that protecting, preserving, and enhancing “[e]xisting ecological resources including wetlands and shoreline habitat” is a requirement — they “shall be protected, preserved and enhanced.” In fact, the property here is located in a “New Proposed Coastal Boundary” (id. at 60) (emphasis added). Again, however, the proposed rezoning would literally destroy what is likely the last remaining forested tract along the Hudson River. As a result, the proposed rezoning not only would contravene the Plan, but it would be a blatant, undisputable violation of it.4

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3. Conclusion.

C. Availability and Suitability of Other Parcels.

5 It is important to note that as an option holder, the party requesting the proposed rezoning would not lose value or use of property actually owned by him.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council Planning Committee August 27, 2020 Page 8

Sincerely,

Phillip A. Oswald

cc: Mr. Steven Strichman {via electronic mail – [email protected]} Commissioner of Planning & Economic Development City of Troy, Planning Department

Ms. Carmella Mantello {via electronic mail – [email protected]} President Troy City Council

6 See, e.g., Boyles v. Town Board of Town of Bethlehem, 278 A.D.2d 688, 690, 718 N.Y.S.2d 430, 432 (3d Dept. 2000).

Attachment A

Realize Troy, Map 14, Land Use

Note: Subject parcel is designated in area for Low-Rise Residential Attachment B-1

Realize Troy, Map 14, Land Use

Note: Subject parcel is NOT in Major Reinvestment Area and designated as for Low-Rise Residential Attachment B-2

Realize Troy, Major Reinvestment Areas

Note: Subject parcel is NOT in Major Reinvestment Area and designated as for Low-Rise Residential

25 Walton Street, Saratoga Springs, New York 12866 P 518.886.1902 www.ruppbaase.com

PHILLIP A. OSWALD [email protected]

September 9, 2020

Via Electronic Mail

Troy City Council 433 River Street Troy, NY 12180 [email protected] [email protected]

Dear Hon. Sirs/Madams,

Re: September 10, 2020 Hearing Ordinance Authorizing Amendment – Parcel No. 70.64-1-1 Spot Zoning Our File No.: 7754.19332

I represent the Friends of the Mahicantuck and the Schaghticoke First Nations. I am writing to respectfully request that this letter — as well as a prior letter that my office submitted on behalf of my clients to the Planning Committee — be added to the meeting minutes and be considered in consideration for the Resolution Referring Lansingburgh Zoning Change Request To Planning Commission for Review and Recommendation that is being heard before the Council on September 10, 2020. The prior letter referenced above is attached hereto as Addendum A. Ultimately, this letter and Addendum A are being submitted in opposition to the Ordinance Authorizing Amendment of the City of Troy Zoning Map Established by the Troy Code Section 285-49 (A) to Rezone Tax Map Parcel Number 70.64-1-1 on 2nd Avenue in North Troy (the “proposed rezoning”).

This letter is being submitted in addition to and to supplement Addendum A. In particular, this letter addresses comments from the City’s Commissioner of Planning & Economic Development, Mr. Strichman, at the Planning Commission‘s hearing on August 27, 2020. As discussed in Addendum A, the rule prohibiting spot zoning is well established under New York common law. E.g., Matter of Yellow Lantern Kampground v. Cortlandville, 279 A.D.2d 6, 9, 716 N.Y.S.2d 786, 789 (3d Dept. 2000). With respect to section 81-f of the N.Y. General City Law, that statute neither specifically addresses spot zoning nor does it authorize the designation of an area as a planned development area in a manner that violates the rule against spot zoning. N.Y. Gen. City Law § 81-f (McKinney’s 2020). Instead, that statute

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ruppbaase.com RUPP BAASE PFALZGRAF CUNNINGHAM LLC Troy City Council September 9, 2020 Page 2

authorizes such a designation only if it is consistent with a city’s comprehensive plan, which actually is consistent with the rule prohibiting spot zoning. Id.1

Furthermore, statutes — such as section 81-f — will only be applied to supersede or abrogate common-law rules — such as the rule prohibiting spot zoning — when the statutory language is specific that the legislature intends to abrogate the common-law rule. Hechter v. New York Life Ins. Co., 46 N.Y.2d 34, 39, 412 N.Y.S.2d 812, 815 (1978) (“it is a general rule of statutory construction that a clear and specific legislative intent is required to override the common law”); People v. King, 61 N.Y.2d 550, 555, 475 N.Y.S.2d 260, 262 (1984) (“if the terms of a statute are subject to two interpretations, that which most comports with the common law should be adopted”). In other words, if section 81-f is to be interpreted to overrule the rule against spot zoning with respect to planned development designations, the statutory language needs to specifically and unambiguously state so. See id. However, section 81-f includes no such language, but, instead, actually further reinforces and applies the rule against spot zoning to planned development designations by requiring that any such designation be consistent with the comprehensive plan. N.Y. Gen. City Law § 81-f.2

Therefore, since section 81-f does not specifically address spot zoning and does not provide any indication that it was intended to abrogate or in any way effect the long-standing common law prohibition against spot zoning, that statute does not protect the proposed ordinance from being invalidated on the basis of spot zoning. Moreover, even assuming, arguendo, that section 81-f did somehow abrogate the common-law rule against spot zoning, that statue still requires that any designation of an area as a planned development area be consistent with the Realize Troy Comprehensive Plan (May 2018) (the “Comprehensive Plan” or the “Plan”). Indeed, for the reasons discussed at length in Addendum A and as supported by the overwhelming wealth of evidence that presently is in the record on this matter, the proposed

1 From a more practical perspective, since section 81-f requires that any re-designation be consistent with the applicable comprehensive plan and since a determinative factor for spot zoning likewise is consistency with the comprehensive plan, any argument that section 81-f abrogates or even impedes the rule against spot zoning is circular and meaningless at best. N.Y. Gen. City Law § 81-f; Matter of Yellow Lantern Kampground, 279 A.D.2d at 9-10 (quoting Matter of Save Our Forest Coalition v. City of Kingston, 246 A.D.2d 217, 221, 675 N.Y.S.2d 451 (3d Dept. 1998)).

2 During the Planning Committee’s public hearing on August 27, 2020, Mr. Strichman stated that there were several cases supporting that section 81-f made the rule against spot zoning inapplicable to planned development re-designations. However, based on citation research for section 81-f through Westlaw’s “KeyCite,” not a single reported case in New York has ever cited or analyzed that statute. I would welcome Mr. Strichman to provide this office with copies of the cases that he was referencing or citations to the same, as well as welcoming any opinion letter from the City’s legal counsel. Indeed, a free and open debate on the legality of the proposed rezoning would be healthy and beneficial.

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rezoning would constitute impermissible spot zoning and would violate section 81-f because it, in fact, is inconsistent with the Comprehensive Plan.

Furthermore, in addition to being highly inconsistent with the Comprehensive Plan, the proposed rezoning also is inconsistent with the City’s own local law for “P Planned Development” districts. See Code of the City of Troy, New York, Art. IV, § 285-57 (available at https://ecode360.com/11133910) (last visited Sept. 8, 2020) (the “City Code”). Specifically, the proposed rezoning is inconsistent with the City Code in the following respects:

Residential density is “[n]ot to exceed eight units per acre” under § 285-57(D) of the City Code, but the proposed project would consist of approximately 25 units per acre — more than three times what is permitted under the City Code (Project Narrative for Second Avenue at 2 (Aug. 19, 2020) (“Project Narrative”)).

The “[m]aximum building height” allowed under § 285-57(E)(3)(f) of the City Code is 40 feet, but the proposed project would entail several structures of approximately 60 feet in height (Project Narrative at 2).

“To the extent feasible, at least 10% of the total number of dwellings within this District should be in single-family detached structures” under § 285-57(H)(1) of the City Code, but the proposed project would not entail any single-family structures (see Project Narrative at 2).

“Building height, size and design shall be appropriate to the location within the district where proposed” under § 285-57(H)(2) of the City Code, but the proposed project would entail large, three-to-four story, 60-foot-high, multi-family structures in a location that is currently undeveloped open space that is surrounded by single-family residences (Project Narrative at 2).

“Landscaped open spaces or open areas left in their natural state should be provided at a ratio of not less than 1,000 square feet of open space for every dwelling unit” under § 285-57(H)(4) of the City Code, but it is highly unlikely that a 240-unit project with all of the attendant amenities, utilities, et cetera would be able to achieve this required ratio (see Troy Second Ave. Concept Plan C-2 (Aug. 2020) (“Concept Plan”)).

“Where feasible, natural features such as streams, rocks, outcrops, topsoil, trees and shrubs shall be preserved and incorporated in the landscape of the development” under § 285-57(H)(6) of the City Code, but the proposed project would unnecessarily eviscerate many of these features (compare Troy Second Ave. Existing Conditions C-1 (Aug. 2020) (“Existing Conditions Map”) with Concept Plan). Even more concerning, however, is that the Project Narrative utterly fails to address these obvious concerns, and, in fact, it highlights them. While the developer most likely is unwilling to incur the costs of addressing these concerns without a rezoning first, catering to a developer’s interests in such a manner, at best, is highly irresponsible. A change in local law should not even be considered without thoroughly addressing the consequences of the change, especially here

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given the environmental and cultural significance of the property at issue. Put simply, the Council’s approach to legislation should not be “legislate first, ask questions later,” regardless of how inconvenient it is to developers.

For the reasons discussed above and those discussed at length in Addendum A, it is respectfully submitted that the proposed rezoning would constitute spot zoning. Section 81-f of the General City Law has absolutely no effect on whether the proposed rezoning would be impermissible spot zoning. Indeed, section 81-f requires any re-designation to be consistent with a comprehensive plan, which is a key factor in the spot-zoning analysis. Again, the proposed rezoning is inconsistent with the Comprehensive Plan, and there has been no meaningful, non- superficial submission or argument to the contrary. Thank you in advance for your courteous consideration of this submission.

Sincerely,

Phillip A. Oswald

cc: Mr. Steven Strichman {via electronic mail – [email protected]} Commissioner of Planning & Economic Development City of Troy, Planning Department

Ms. Carmella Mantello {via electronic mail – [email protected]} President Troy City Council

Statement of Jeffrey Anzevino, AICP Director of Land Use Advocacy

Troy City Council Planning Committee

Public Hearing

Ordinance Authorizing Amendment Of City Of Troy Zoning Map Established By Troy Code Section 285-49 (A) To Rezone Tax Map Parcel Number 70.64-1-1 On 2nd Avenue In North Troy From R-1 Single Family Residential Detached To P Planned Development

August 27, 2020

My name is Jeffrey Anzevino, Director of Land Use Advocacy for Scenic Hudson. Scenic Hudson's mission is to ensure that tomorrow’s Hudson River Valley—from Manhattan to the foothills of the Adirondacks—is environmentally and economically sustainable and that its capacity to awe and inspire residents and visitors is preserved forever.

Scenic Hudson urges the Troy City Council Planning Committee to recommend against rezoning Tax Parcel Number 70.64-1-1 on 2nd Avenue from R-1 (Single Family Development) to P (Planned Development).

Scenic Hudson’s recommendation is based on the fact that a rezoning to Planned Development would be inconsistent with the recently adopted Realize Troy Comprehensive Plan (2018). According to Map 14 in the Comprehensive Plan, this area is anticipated as "low density residential." The subject parcel is currently zoned R-1 which would allow approximately 10 single family homes. A concept plan for the site proposes 240 multi-family units, a land use that does not fit with the character of surrounding land uses and would be inconsistent with Comprehensive Plan.

Further, the Realize Troy Comprehensive Plan identifies seven “Major Reinvestment Areas” in the City of Troy, including two in Lansingburgh, none of which include the subject parcel proposed for the rezoning to Planned Development.

According to the New York State Department of State "New York’s zoning enabling statutes (the state statutes which give cities, towns and villages the power to enact local zoning laws) require that zoning laws be adopted in accordance with a comprehensive plan. The comprehensive plan should provide the backbone for the local zoning law." https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf 1 N.Y. General City Law Section 28-a(12) requires that “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.” Scenic Hudson believes that a rezoning from Single Family Development to Planned Development would be inconsistent with the Comprehensive Plan’s designation of Low Density Residential and would therefore violate N.Y. General City Law Section 28-a(12).

Conclusion In conclusion, because the proposed rezoning would not be consistent with the Realize Troy Comprehensive Plan, Scenic Hudson urges the Troy City Council Planning Committee to recommend against rezoning Tax Parcel Number 70.64-1-1 on 2nd Avenue from R-1 (Single Family Development) to P (Planned Development).

Thank you.

December 29, 2020

By email: [email protected]

Ms. Deirdre Rudolph, P.E., Chair and Members of the City Planning Commission City of Troy c/o Planning Commission 433 River Street Troy, NY 12180

Dear Ms. Rudolph and Members of the Planning Commission:

Thank you.

Sincerely,

Jeffrey Anzevino, AICP Christopher Bellovary Director of Land Use Advocacy Staff Attorney8 Scenic Hudson Riverkeeper

Attachments Appendix A Appendix B-1 Appendix B-2

Realize Troy, Map 14, Land Use

Note: Subject parcel is designated in area for Low-Rise Residential Attachment B-1

Realize Troy, Major Reinvestment Areas

Note: Adjacent Hannafords site in Major Reinvestment Area and proposed for redevelopment with building fronting 126th Street, parking behind, and 1-4 story mixed use buildings with ground floor retail and residential above

Note: Subject parcel is NOT in Major Reinvestment Area and designated as Low-Rise Residential Attachment B-2

Realize Troy, Major Reinvestment Areas

Note: Subject parcel is NOT in Major Reinvestment Area and designated as Low-Rise Residential

January 28, 2021

By email: [email protected]

Ms. Deirdre Rudolph, P.E., Chair and Members of the City Planning Commission City of Troy c/o Planning Commission 433 River Street Troy, NY 12180

Dear Ms. Rudolph and Members of the Planning Commission:

The proposal does not satisfy the Intent of the Planned Development District The Development Narrative describes the philosophy of the Planned Development District (P):

This District is designed to maximize choice in the types of environment, housing, densities, occupancy tenure, lot sizes, community facilities, usable open space and recreational areas

1 Realize Troy, page 62 2 Realize Troy, page 58

Realize Troy’s vision for the subject parcel The Comprehensive Plan’s Map 14 identifies the subject tax parcel as “Low Rise Residential” (see Appendix A attached to this letter). The parcel is currently zoned R-1 (Single Family Residential— Detached), which permits up to 3.6 dwelling units per acre. Currently, the R-1 zoning would permit up to 36 single family homes on the site. The concept plan submitted in association with this rezoning request proposes between 220 and 240 multi-family units, a density of up to 666% above permitted levels, in four-story building heights, which is inconsistent with Realize Troy’s vision for Low Rise Residential areas.

3 Second Avenue Apartments Narrative Description Report; January 2021, p. 15 4 NY City Law Section 28-a(12) 5 https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf

and concerns presented by representatives of the Schaghitcoke First Nations, Friends of the Mahicantuck, and other indigenous peoples expressing ties to the site.

Thank you.

Sincerely,

Jeffrey Anzevino, AICP Christopher Bellovary Director of Land Use Advocacy Staff Attorney11 Scenic Hudson Riverkeeper

Attachments Appendix A Appendix B-1 Appendix B-2

Attachment A

Realize Troy, Map 14, Land Use

Note: Subject parcel is designated in area for Low-Rise Residential Attachment B-1

Realize Troy, Map 14, Land Use

Note: Subject parcel is NOT in Major Reinvestment Area and designated as for Low-Rise Residential Attachment B-2

Realize Troy, Major Reinvestment Areas

Note: Subject parcel is NOT in Major Reinvestment Area and designated as for Low-Rise Residential

January 27, 2021

By email: [email protected]

Ms. Deirdre Rudolph, P.E., Chair and Members of the City Planning Commission City of Troy c/o Planning Commission 433 River Street Troy, NY 12180

Dear Ms. Rudolph and Members of the Planning Commission:

The proposal does not satisfy the Intent of the PDD The Development Narrative describes the philosophy of the Planned Development District (P):

This District is designed to maximize choice in the types of environment, housing, densities, occupancy tenure, lot sizes, community facilities, usable open space and recreational areas

1 Realize Troy, page 62 2 Realize Troy, page 58

Our review of the proposed project finds a forested, archaeologically rich riverfront site cleared for a rather typical suburban apartment complex with buildings, roads and parking lots scattered throughout the parcel. While development would be set back from the river and a trail provided, very few natural resources would be protected, little creativity demonstrated in the site plan, and no mix of residential uses provided. In fact, the Applicant proposed one and two-bedroom units in similar multi-family buildings—no mix of building types. Further, the development pattern—freestanding, four-story multi- family buildings—is, as outlined in Realize Troy and expressed by residents in several meetings, inconsistent with the needs of the neighborhood.

Realize Troy’s vision for the subject parcel The Comprehensive Plan’s Map 14 identifies the subject tax parcel as “Low Rise Residential” (see Appendix A attached to this letter). The parcel is currently zoned R-1 (Single Family Residential— Detached), which permits up to 3.6 dwelling units per acre. Currently, the R-1 zoning would permit up to 36 single family homes on the site. The concept plan submitted in association with this rezoning request proposes between 220 and 240 multi-family units, a density of up to 666% above permitted levels, in four-story building heights, which is inconsistent with Realize Troy’s vision for Low Rise Residential areas.

3 Second Avenue Apartments Narrative Description Report; January 2021, p. 15 4 NY City Law Section 28-a(12) 5 https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf

transform derelict portions of the waterfront and spark economic development. They include large-scale redevelopment opportunities that can result in distinct new employment and mixed- use areas, sites appropriate for significant park and other public realm improvements and areas for neighborhood growth and revitalization.”6

Given this unique set of circumstances—the parcel’s well-documented archaeological sensitivity, indigenous peoples’ concern for the site, and its location in a State-designated Potential Environmental Justice Area—Riverkeeper and Scenic Hudson urge the Planning Commission to take seriously comments and concerns presented by representatives of the Schaghitcoke First Nations, Friends of the Mahicantuck, and other indigenous peoples expressing ties to the site.

Thank you.

Sincerely,

Jeffrey Anzevino, AICP Christopher Bellovary Director of Land Use Advocacy Staff Attorney11 Scenic Hudson Riverkeeper

Attachments Appendix A Appendix B-1 Appendix B-2

September 9, 2020

By email: [email protected]

Ms. Carmella Mantello, President and Members of the City Council City of Troy 433 River Street, Suite 5001 Troy, NY 12180

Subject: Ordinance Authorizing Amendment Of City Of Troy Zoning Map Established By Troy Code Section 285-49 (A) To Rezone Tax Map Parcel Number 70.64-1-1 On 2nd Avenue In North Troy From R-1 Single Family Residential Detached To P Planned Development

Dear Ms. Mantello and Members of the City Council:

Scenic Hudson is writing to urge the Troy City Council to deny the rezoning request referenced above on 2nd Avenue from R-1 (Single Family Development--Detached) to P (Planned Development). Such a rezoning would not be in accordance with the recently adopted Realize Troy Comprehensive Plan (2018) as required by N.Y. General City Law Section 28-a(12).

Realize Troy Comprehensive Plan—its purpose and how it was created Urban Strategies, Inc., the planning firm hired by the City to craft Realize Troy, describes the Comprehensive Plan as a three-part community planning initiative: an economic strategy, a waterfront master plan, and a citywide comprehensive plan. According to Urban Strategies, the planning process was based on a “strong focus on public consultation, both in-person and using a variety of social media channels, and aimed to establish a clear vision and set of action strategies to address both the current and future needs of the City” (emphasis added).

Further, Urban Strategies’ website states that the Comprehensive Plan established “a clear community-based vision and action plan to guide the city’s overall development over the next 20 years” (emphasis added) and Realize Troy identified “short and longer-term community needs, reinforced and confirmed a set of broadly supported community goals and created a blueprint for future government actions” (emphasis added).

SOURCE: https://www.urbanstrategies.com/project/realize- troy/#:~:text=Realize%20Troy%20is%20a%20three,a%20city%2Dwide%20comprehensive%20plan.&text=It%20w ill%20establish%20a%20clear,over%20the%20next%2020%20years.

Scenic Hudson’s recommendations are prefaced with the City’s Planning consultant’s description of the Comprehensive Plan’s purpose, as well as and the robust public participation on which the plan, its vision for the City, and its land use recommendations are based.

Rezonings must be in accordance with Comprehensive Plans The requested rezoning would directly conflict with Realize Troy’s recommendations—and, therefore, the community’s vision—for the subject parcel. If it were to be in the best interest of the City of Troy and its residents to commit this undeveloped, wooded parcel to high density development, in this case 240 apartments, one would think that Realize Troy would have recommended this parcel for higher density uses as a Major Reinvestment Area. However, Realize Troy envisions just the opposite.

N.Y. General City Law Section 28-a(12) requires that “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.” Scenic Hudson believes that a rezoning from Single Family Residential to Planned Development would not be in accordance with the Comprehensive Plan’s designation of Low Rise Residential and would therefore violate N.Y. General City Law Section 28-a(12).

Further, according to the New York State Department of State "New York’s zoning enabling statutes (the state statutes which give cities, towns and villages the power to enact local zoning laws) require that zoning laws be adopted in accordance with a comprehensive plan. The comprehensive plan should provide the backbone for the local zoning law." https://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf

Realize Troy’s vision for the subject parcel First and foremost, the Comprehensive Plan (Map 14) identifies the subject tax parcel as "low rise residential" (see Appendix A attached to this letter). The parcel is currently zoned R-1 (Single Family Residential—Detached) which would permit approximately 10 single family homes on the site. The concept plan submitted in association with this rezoning requests proposes 240 multi-family units, a land use with density wholly inconsistent with low rise residential and would therefore not be in accordance with the Comprehensive Plan as required by N.Y. General City Law Section 28-a(12).

Further, one of the “action strategies” proposed in Realize Troy Comprehensive Plan is the establishment of seven “Major Reinvestment Areas.” According to Realize Troy:

“Major reinvestment areas are locations in the city in most need of renewal and which also have the potential to accommodate most of the population and employment growth planned for Troy. Strategic initiatives in these areas are intended to catalyze neighborhood revitalization, transform derelict portions of the waterfront and spark economic development. They include large-scale redevelopment opportunities that can result in distinct new employment and mixed-use areas, sites appropriate for significant park and other public realm improvements and areas for neighborhood growth and revitalization.” Realize Troy, page 68

These Major Reinvestment Areas are the places envisioned by the community as priorities for renewal, neighborhood revitalization and large-scale development.

Conclusion During the development of the Realize Troy, undertaken with robust public involvement and adopted by the City Council just two years ago, it was not anticipated that the undeveloped, wooded subject parcel (Tax Map Parcel Number 70.64-1-1), zoned R-1 and identified in the Comprehensive Plan as Low Rise Residential, would be an appropriate place for intense development. If so, the adjacent Major Reinvestment Area would have been extended to include this parcel. Further, Realize Troy specifically includes this parcel in the “Low Rise Residential” land use category. Therefore, the requested rezoning would not be in accordance with the Comprehensive Plan.

Thank you.

Sincerely,

Jeffrey Anzevino, AICP Director of Land Use Advocacy

Attachments Appendix A Appendix B-1 Appendix B-2