Plpc 2020 0011
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ALAN R. RHODES BARTI,ETI, PONTIFF, STEWART & RHODES, P.C. JOHN D. WRIGHT ROBERTS. MCMILLEN JESSICA HUGABONE VINSON PmuP C. McINTIRE ATTORNEYS AT LAW GREGORY J. TERESI MARK A. LEBOWITZ P.O. Box 2168 VICTORIA M. CRAFT J. LAWRENCE PALTROWITZ ONE WASHINGTON STREET PAULE. PONTIFF MALcoLM B. O'HARA OF COUNSEL GLENS FALLS, NEW YORK 12801-2168 PATRICIA E. WATKINS BENJAMIN R. PRATT, JR. MARI( E. CERASAN0 OF COUNSEL BRUCE 0. LIPINSKI RICHARD J. BARTLETT PAULA NADEAU BERUBE TELEPHONE (518) 792-2117 1926-2015 JONATHAN C. LAPPER FAX (518) 792-3309 ROBERTS. STEWART JAMES R. BURKETT EMAIL [email protected] 1932-2001 STEFANIE DILALLO BITTER WEBSITE www.bpsrlaw.com BERTRAM J. DUBE KARLA WILLIAMS BUETTNER 1916-1999 SERVICE BY FACSIMILE NOT ACCEPTED March 3, 2021 Honorable Deirdre Rudolph, P.E. Chair and the Board Members of The City of Troy Planning Commission 433 River Street Troy, NY 12180 Re: Planning Commission Submission Kings Landing II Apartments Troy NY Dear Chair and Members of the Planning Commission: At the request of the Planning Commission, the applicant has obtained an archeological Phase lA report, a Property Condition and Historic Summary Report, and based on the findings of these reports, has prepared a budget for the rehabilitation of the existing structures. Find these reports enclosed and part of this submission. These documents establish that the site has no archeological significance and that the existing buildings have been severely compromised due to lack ofmaintenance and substantial low quality modifications. Moreover, the rehabilitation of these buildings to create code compliant and market rate rental units would cost vastly more than the resulting value of the properties. Therefore, the result of denying the pending site plan application will likely be the removal of tenants from the non-code compliant buildings and, ultimately, they would be boarded up or demolished. Very truly yours, BARTLETT, PONTIFF, STEWART & RHODES, P.C. C. Lapper, Esq. Dire t : (518) 832-6434 Dire Fax#: (518) 824-1034 Direct E-Mail: [email protected] JCL: COLUMBIA HERITAGE, LTD. Archaeological & Historical Studies Architectural Surveys Educational Programs PHASE IA CULTURAL RESOURCES SURVEY SITE ASSESSMENT COMPONENT KING'S LANDING II MIXED-USE DEVELOPMENT CITY OF TROY, RENSSELAER COUNTY, NEW YORK OPRHP FILE 20PR05702 Prepared for The BOC Group 11 Herbert Drive, Suite 3 Latham, New York 12110 Prepared by Stephen J. Oberon Columbia Heritage, Ltd. P.O. Box 235 Old Chatham, New York 12136 Report CA807A-1-2-21 February 2021 TABLE OF CONTENTS PHASE IA SITE ASSESSMENT STUDY...... ............................................................................................. 1 PROJECT BACKGROUND .........................................................................................................1 CULTURAL BACKGROUND ..................................................................................................... 2 HISTORIC STRUCTURES ..........................................................................................................2 NATIVE AMERICAN ERA ............................................................................................ 2 EUROPEAN AMERICAN ERA ......................................................................................3 RECOMMENDATIONS .............................................................................................................5 REFERENCES .......................................................................................................................................... 6 APPENDICES APPENDIX A - FIGURES APPENDIX B - PHOTODOCUMENTATION PHASE IA SITE ASSESSMENT STUDY PROJECT BACKGROUND The proposed residential development is located along the west side of Fifth Avenue and north of Federal Street (Bridge Avenue) in the northwestern portion of the City of Troy in west-central Rensselaer County, New York, encompassing approximately 0.5 acres (0.2 hectares). The project involves six existing parcels: 2129, 2133, 2135, 2139 and 2141 Fifth Avenue and 15 Bridge Avenue (also known as 15 Federal Street). Four of these parcels are currently occupied by two-story residential buildings and a garage; similar houses formerly located at 2139 and 2141 Fifth Avenue have been demolished and those properties are now open and used for parking. The development area is bordered on the east by Fifth Avenue, on the west by an alley known as Laundry Place, on the south by Federal Street and on the north by a parcel owned by the Bethel Baptist Church. The Hudson River lies roughly 0.2 miles (0.3 kilometers) to the west and receives run-off from the project area, which slopes generally east to west. New construction on the parcel would consist of a five-level building containing 62 apartment units on the upper three levels with parking, retail and office space on the lower two levels, and five exterior parking spaces along Laundry Place. Unpaved surfaces within the project area are currently populated by lawn and wild grasses. An existing municipal sanitary sewer runs along Fifth Avenue and water mains owned and operated by the City of Troy are located within the Fifth Avenue and Federal Street corridor currently providing water service to the residences located on the project parcel. This portion of the City is characterized by nineteenth century residential and commercial buildings mixed with late twentieth century structures and urban spaces as well as vacant parcels where earlier structures have been razed. As part of the applicant's compliance with operative historic preservation laws, Columbia Heritage, Ltd. was contracted to perform a Phase IA site assessment study for the area to be affected by proposed development. This investigation conforms to the current standards and guidelines developed by the New York Archaeological Council (NYAC) and adopted by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP). This Phase IA site assessment study was performed in September and October of 2020 by Stephen Oberon serving as Principal Investigator, with by archival research performed by Kim Croshier, using the resources of the New York State Office of Parks, Recreation and Historic Preservation, the New York State Library, the New York State Museum, and the New York State Archives. A walking reconnaissance of the affected area was carried out by the Principal Investigator, during which the relative archaeological potential of the various subareas was assessed, prior disturbance and other factors likely to reduce such potential were noted, and historically significant structures within and adjacent to the project area were photo documented. CULTURAL BACKGROUND AND SENSITIVITY ASSESSMENT As mentioned, the project impact area consists of flat terrain bounded by Fifth Avenue on the east, Federal Street on the south and Laundry Lane on the west. Reconnaissance revealed no visible ruins or anomalies that might indicate the presence of buried structural remains or cultural features. Four structures stand within the affected area, as noted previously. Historic Structures The project area lies within the National Register-eligible North Central Troy Historic District extending between Federal Street and Mount Olympus in the City of Troy. The four standing buildings are listed as contributing elements to this District: 15 Bridge Street (15 Federal Street), 2129 Fifth Avenue (USN 08340.001894), 2133 Fifth Avenue (USN 08340.001895), and 2135 Fifth Avenue (USN 08340.001899). Four additional contributing elements stand along the east side of Fifth Avenue with a view of the proposed construction: 2134 Fifth Avenue (USN08340.001896), 2136 Fifth Avenue (USN 08340.001898), 2140 Fifth Avenue (USN 08340.001900), and 2142 Fifth Avenue (USN 08340. 001902). The National Register-listed Oakwood Avenue Presbyterian Church {08340.0002181), a Late Victorian sanctuary dating from 1868, stands approximately one-half mile (0.8 kilometers) to the north-northeast with no view of the proposed construction. No other structures current listed or nominated to, or determined eligible for inclusion on the State or National register of Historic Places are located within the project view shed. Native American Era Two sites of Native American occupation are listed for this portion of the City of Troy, Green Island and the adjacent west bank of the Hudson River in the New York State Museum archaeological site files and one such site appears in the site files maintained by the State Historic Preservation Office. These nearby sites are summarized below. File Number Time Period/Culture Distance A00144.000018 Green Is. Bridge Site reputed burial 0.4mi/0. 7km NYSM 2795 Parker Albany Co. Site 12 "early" "camp" 0.6mi/0.9km NYSM 9023 projectile point Late Archaic/ River Phase 0.4mi/0. 7km 2 A limited number of professional archaeological investigations associated with specific development projects,have taken place in the vicinity of the study area over the past half century (Crampton 1975, Lord 1980, Hartgen & Fisher 1976, Hartgen 2000, 2002, 2003, 2004a,b, 2008a,b, 2112, 2114). Previously, archaeological sites were usually encountered by chance during construction projects or farming activities and often recorded based on second hand information without the benefit of excavation. No sites of Native American occupation were identified during recent investigations. As a result of earlier efforts, one site of unknown temporal and cultural affiliation described as "early'' and characterized as a "camp" was recorded in the vicinity