To: Paul Colucci, Chairperson, Gardiner Planning Board

To: Paul Colucci, Chairperson, Gardiner Planning Board From: Roberta Clements, Chairperson, Gardiner Environmental Conservation Commission Date: 7/26/2017 Re: "Heartwood" Application, Route 44/55 (141 Acres)

According to the Gardiner Open Space Plan the specified parcel is part of the Shawangunk Kill/Wallkill Confluence and the Shawangunk Kill Corridor. This property is of a high conservation value to the town based on the OSP and as part of Shawangunk Kill/Wallkill Confluence hub.

Description of the Shawangunk Kill/Wallkill Confluence in OSP:

(3.) Shawangunk Kill/Wallkill Confluence The meeting of the Shawangunk Kill and Wallkill waters has historically been an important location for settlement, as evidenced by the Tuthilltown and Gardiner hamlets. The confluence of these two rivers also offers ecological benefits, including a portion of the Shawangunk Kill confined river natural community, as well as a major floodplain and aquifer recharge area. This 500-acre hub also offers the opportunity for community benefits by connecting the town’s existing population centers and Majestic Park to future open space lands. (OSP, p. 44)

Description of the Shawangunk Kill Corridor:

(5.) Shawangunk Kill Corridor The 5-mile Shawangunk Kill corridor is one of the town’s most important wildlife resources, as it provides habitat for a diversity of wildlife, including rare and endangered species. This corridor is surrounded by a “core” of important farms and farmlands, which give way to scenic views of the Shawangunk Ridge. The Shawangunk Kill is also designated by the State DEC as a Recreational River. Similar to the Wallkill River, a conservation buffer of 535 feet or more is recommended to protect the river’s water quality as well as its integrity as a wildlife corridor. (OSP, p. 46) This area is ecologically significant and includes important natural communities such as the confined river and floodplain forest, as well as an endangered plant and excellent habitat diversity along the Shawangunk Kill and adjacent grasslands. (OSP P. 43)

Ecological Benefits of Conservation related to the Shawangunk Kill: • Endangered species: protection of endangered plant species habitat along the river corridor • Natural community: conservation of several large patches of floodplain forest natural community (important wildlife corridor and also helps to reduce flooding and downstream sedimentation) • Habitat diversity: protection of habitat diversity along Shawangunk Kill (high fish and mollusk diversity) • Major regional wildlife corridors: Shawangunk Kill and Klyne Kill provide wildlife connectivity throughout the region • Grassland habitat and wildlife corridor: important wildlife habitat (diversity of bird species); Important Bird Area (IBA) and connection to Shawangunk grasslands NWR (OSP P. 49)

The Comprehensive Master Plan also notes that: The Town of Gardiner should seek to protect the riparian zones associated with the Shawangunk Kill and other important waterways in the Town. According to the “Rural Design Workbook” published by the Southern Tier Regional Planning Board (STRPB): Riparian zones are vegetated areas along the banks of streams, consisting mainly of trees, that form a transitional boundary between aquatic and terrestrial ecosystems. Riparian zones are critical to the health of the environment by acting as a buffer that protect and maintain streams within their respective watersheds. In riparian zones, upland areas merge with nearby streams, rivers, lakes, and other water bodies, allowing for a crucial exchange of energy and matter to occur. (STRPB, Rural Design Workbook, p. f-2.) (Master Plan P. 29)

While the developers presented many aspects of their proposal that are agreeable to the environmental preservation goals of the town and of the comprehensive master plan (minimal footprints/only a small percentage of the property is proposed to be developed, use of solar energy, rainwater collection and reuse, continued agricultural use) there are multiple issues that need clarification and documentation.

Recommendations: Although the developers verbalized many positive approaches to environmentally friendly construction practices a multitude of various details need to be provided in writing in specific detail and as such the following recommendations are offered;

1. Require an accurate and complete EAF with appropriate follow up on items of environmental preservation. 2. Determine the accurate amount of total land disturbance (Square footage vs. actual size of structures and disturbance due to utilities). 3. Indicate all trees that will be removed from the site. Clearcutting and replanting is not encouraged and would be in violation of the timber harvesting law and would be particularly detrimental along the banks of the waterway. 4. Due to the small percentage of wooded area on the combined parcels compared with the 119 acres of existing field, it is suggested to move the tent cabins to the edge of wooded areas in the field and incorporate new plantings around the cabins rather than disturbing the established wooded banks of the waterway. This would reduce potential disturbance to Indiana Bat and Northern Long Eared Bat territory, potential Bog turtle habitat in the stream, and documented nearby Riverweed Habitat. It would help ensure the 535 buffer recommended in the Gardiner Open Space Plan. It may also result in the added benefit of decreased construction costs. 5. Determine the accurate amount of non-permeable surfaces and require permeable surfaces for roads, pathways, walkways, and parking areas and an appropriate maintenance plan to ensure appropriate filtration and storm water management. 6. Assess which areas of the property lie in the current floodplain. 7. Require further viewshed analysis from multiple points on the Shawangunk ridge such as Gertrude's Nose, and Millbrook Ridge Trail, in addition to the provided motorist overlook below the Undercliff Trail. (Complete a "Balloon Assessment" of viewshed.) 8. Viewshed assessment is recommended to occur when deciduous trees have dropped their leaves. 9. Reduce the height of the common buildings and relocate common buildings 50-100 feet west of the current proposed location to reduce viewshed impacts. 10. Require visual screening through the use of site appropriate and habitat appropriate vegetation and plantings (i.e. native species) 11. Rooflines, building surfaces, and building materials should be in keeping with the character of the community and result in minimal visual disturbance by blending in with the natural colors of the natural landscape (i.e. browns and greens) 12. Require detailed written descriptions and plans of the green energy sources indicated by the developer. Such as the ground mounted solar panels developer reported they wished to install. 13. Require detailed assessment and stormwater management plan and remediation plan at full buildout for any contaminants due to sediment, road salt, or other items. Of special note is the drainage from 44/55 and entire property into swale from Rt. 44-55 to pond, then into spillway outlet and down steep slope to Shawangunk Kill River (then on to the Wallkill and Hudson Rivers). The pond resulting from the drainage from 44/55 culvert through the property terminates in a spillway that drains directly into the Shawangunk Kill. This wetland and spillway and subsequently the waterway will bear the full burden of the stormwater and associated pollutants. Additionally is there a dam present and what is the purpose, condition, and stability of it? 14. Obtain a detailed written plan of erosion control management during construction and after project completion. A footpath to the waterway is desirable however stairs may be utilized on steep slopes to minimize erosion. 15. Obtain an expert assessment of the impacts of the proposed construction on the water resources on the property (water usage, aquifer recharge rate, Shawangunk Kill preservation) 16. Obtain a detailed written description of the conservation area (an easement is recommended), achievable methods of enforcement, and the specific conservation partner or partners to be used. 17. As per the applicant's statements, obtain a detailed written plan related to restrictions of pesticide and herbicide use, achievable methods of enforcement, the supervision and regulation of the management company related to such use, and the methods of remediation in the event of such use. 18. Suggest a detailed post construction management plan to ensure adequate protection of wildlife such as Indiana Bat habitat and Riverweed habitat and sensitive species. 19. Examine and explore the possibilities of reducing the number of parking lots, having a more concentrated parking area with structures surrounding, or reducing the number of units and parking overall. 20. Assess the light pollution impacts be related to the 70 plus individual buildings. Light screening and directional downward orientation should be required. 21. The habitat assessment should be elaborated with seasonal assessments beyond the fallow wintery conditions of February. 22. The Habitat Assessment submitted mentions an additional fifty (50) tent sites on the southern boundary of the property on the slopes leading down to the Kill. These additional sites are recommended to be eliminated. 23. As per discussion with the applicant during the site visit the potential density of the site needs to be addressed. Such a large number of people descending on the site for two days or more could potentially cause significant issues with the demand for septic and water. Well recharge rate needs should be accurately predicted. The construction of the above-ground septic fields should ensure protection of well water at peak use.

Respectfully Submitted by the members of the Gardiner Environmental Conservation Commission