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TROY's SACRED FOREST 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.
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