Draft Environmental Impact Statement (DEIS)
THE OVERLOOK AT KIDD FARM
NYS Route 208 and Coldenham Road Village of Walden Orange County, New York
Village of Walden Tax Lots 315-5-3.2, 4, 7, 8, & 10
Lead Agency: Village of Walden Planning Board One Municipal Square Walden, NY 12586
Contact Person: Dean Stickles – Building Inspector, Village of Walden Planning Board (845) 778-2177
Project Consultant and Contact Person: Ross Winglovitz, P.E. Engineering Properties, PC 99 Clinton Street Montgomery, New York 12549 (845) 457-7727
Date of Submission: August 10, 2010; Revised March 10, 2011 Date of Acceptance: April 4, 2011 Date of Public Hearing: May 18, 2011 Date Comments Due: 14 days after the Public Hearing is Closed Engineering Properties, PC
PROJECT SPONSOR 845 Area Code LLC 156 Orange Avenue Walden, NY 12586 (845) 778-2581 Contact Person: Brian Paz, Esq.
PROJECT CONSULTANTS
Engineer: Ross Winglovitz, P.E. Engineering Properties, PC 99 Clinton Street Montgomery, NY (845) 457-7727
Traffic Engineer: Phil Grealy John Collins Engineers, P.C. 11 Bradhurst Avenue Hawthorne, NY 10532 (914) 347-7500
Environmental Consultant: Vincent Agovino AV Agovino Associates, Inc. 12 Hastings Lane Hainsport, NJ 08036 (609) 518-6714
Cultural Resources Gail Guillet City/Scape: Cultural Resource Consultants 166 Hillair Circle White Plains, NY 10605 (914) 328-3032
Fiscal Analysis: Chad Wade, RLA Esposito and Associates, Inc. 262 Greenwich Avenue Goshen NY, New York 10924
Legal: Jayne Daly, Esq. 1655 Route 300 Newburgh, NY 12550 (845) 778-3793
THE OVERLOOK AT KIDD FARM ii Engineering Properties, PC
Table of Contents
1.0 Executive Summary...... 1-10 1.1 Project Description...... 1-10 1.2 Site Description...... 1-11 1.3 Involved Agencies, Permits and Approvals...... 1-12 1.3.1 Local ...... 1-12 1.3.2 Regional – Orange County...... 1-12 1.3.3 State...... 1-12 1.3.4 Federal...... 1-13 1.4 Summary of Potential Impacts and Potential Mitigation...... 1-13 1.5 Alternatives Considered...... 1-20 2.0 Description of the Proposed Action...... 2-22 2.1 Introduction...... 2-22 2.2 Project Purpose, Public Needs and Benefits...... 2-22 2.3 Site Location and Environmental Setting ...... 2-24 2.4 Project Description and Layout ...... 2-26 2.4.1 Development Concept, Structures and Site Improvements ...... 2-26 2.4.2 Zoning Variances...... 2-33 2.4.3 Land Clearing and Impervious Surfaces...... 2-33 2.4.4 Access, Circulation and Parking...... 2-34 2.4.5 Recreation and Open Space ...... 2-37 2.4.6 Water Services...... 2-37 2.4.7 Sewer Services...... 2-38 2.4.8 Stormwater Management...... 2-38 2.4.9 Landscaping Plan...... 2-38 2.4.10 Lighting Plan...... 2-39 2.4.11 Ownership and Maintenance...... 2-40 2.4.12 Limits of Site Disturbance ...... 2-40 2.4.13 Retaining and Stone Walls...... 2-40 2.4.14 Utilities...... 2-41 2.4.15 Erosion and Sediment Control Plans ...... 2-41
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2.5 Construction and Operation ...... 2-42 2.5.1 Construction Period...... 2-42 2.5.2 Construction Sequence...... 2-42 2.5.3 Construction Equipment and Staging Areas...... 2-49 2.5.4 Construction Access and Traffic...... 2-49 2.5.5 Construction Noise...... 2-50 2.5.6 Operation and Maintenance...... 2-50 2.5.7 Temporary Sales Office ...... 2-50 2.6 Involved Agencies, Permits and Approvals Required ...... 2-50 2.6.1 Local ...... 2-50 2.6.2 Regional – Orange County...... 2-51 2.6.3 State...... 2-51 2.6.4 Federal...... 2-51 2.7 Interested Parties...... 2-52 3.0 Environmental Setting, Potential Impacts and Proposed Mitigation Measures.3-53 3.1 Land Use, Zoning and Public Policy ...... 3-53 3.2 Visual Character...... 3-61 3.3 Vegetation and Wildlife...... 3-68 3.4 Wetlands and Surface Waters ...... 3-82 3.5 Geology, Soils and Topography ...... 3-92 3.6 Groundwater Resources...... 3-99 3.7 Water and Sewer Service...... 3-101 3.8 Traffic ...... 3-106 3.9 Socioeconomic and Community Services ...... 3-114 3.10 Fiscal Analysis...... 3-126 3.11 Cultural Resources...... 3-130 3.12 Noise ...... 3-133 3.13 Air Quality...... 3-135 3.14 Light Quality...... 3-140 3.15 Solid Waste Generation and Management...... 3-141 4.0 Alternatives...... 4-143
THE OVERLOOK AT KIDD FARM 2 Engineering Properties, PC
4.1 No Action...... 4-143 4.2 Alternative Plans...... 4-143 4.2.1 Alternative “Conventional Plan”...... 4-143 4.3 Alternative Site Plan...... 4-144 5.0 Potential Growth Inducing Aspects ...... 5-148 6.0 Unavoidable Adverse Impacts ...... 6-149 6.1 Temporary Construction Impacts ...... 6-149 6.2 Impacts on Natural Features ...... 6-149 6.3 Operational Impacts...... 6-149 7.0 Effects on the Use and Conservation of Energy Resources...... 7-150 8.0 Irreversible and Irretrievable Commitment of Resources...... 8-151 9.0 Appendices...... 9-152
THE OVERLOOK AT KIDD FARM 3 Engineering Properties, PC
List of Tables
Table 1.4A Summary of Potential Impacts and Proposed Mitigation
Table 2.3A Site Location and Environmental Setting
Table 2.4.1A Unit Type and Buildings
Table 2.4.1B Affordable Housing and Income Range
Table 2.4.1C Affordable Units Per Construction Phase
Table 2.4.3A Site Disturbance Calculations
Table 2.4.3B Proposed Impervious Surfaces
Table 2.4.4A Parking Spaces – Proposed and Required
Table 2.5.2A Construction Phase 1 Schedule
Table 2.5.2B Construction Phase 2 Schedule
Table 2.5.2C Construction Phase 3 Schedule
Table 2.5.2D Construction Phase 4 Schedule
Table 2.5.2E Construction Phase 5 Schedule
Table 3.3.2A Wildlife Species, Present or Potentially Present
Table 3.4A Existing Watershed Peak Flow Rates
Table 3.4B Proposed Watershed Peak Flow Rates
Table 3.4C Net Change in Watershed Peak Flow Rates
Table 3.5A Site Soils
Table 3.5B Site Slopes
Table 3.5C Slope Disturbance
Table 3.10A Anticipated Tax Revenue
Table 3.10B Anticipated Net Fiscal Impacts
THE OVERLOOK AT KIDD FARM 4 Engineering Properties, PC
Table 3.13A Air Quality Standards
Table 4.3A Anticipated Net Fiscal Impact, Alternative Plan
List of Figures
F-2.3A USGS Location Map
F-2.3B Regional Location Map
F-2.3C Aerial Map
F-2.3D Tax and Zoning Map
F-2.3E Existing Conditions Plan
F-2.4A Site Plan
F-2.4B1 Model Elevation – Uphill Unit
F-2.4B2 Model Floor Plan – Uphill Unit
F-2.4C1 Model Elevation – Downhill Unit
F-2.4C2 Model Floor Plan – Downhill Unit
F-2.4D Clubhouse Elevation
F-2.4E Clubhouse Floor Plan
F-2.4F Recreation Area Plan
F-2.4G Model Floor Plan 20’Unit (Affordable/Market Rate)
F-2.4H 1 Road Layout and Parking Areas
F-2.4H2 Internal Roadway Cross-section
F-2.4I Coldenham Entrance Design with Landscaping
F-2.4J Route 208 Entrance Design
THE OVERLOOK AT KIDD FARM 5 Engineering Properties, PC
F-2.4K Parking Areas, Sidewalks and School Bus Stops
F-2.4L Proposed Lighting Fixture and Pole
F-2.4M Limits of Disturbance
F-2.4N Retaining Walls – Finished Look
F-2.5A Proposed Construction Phasing Plan
F-3.2A1 Full Vegetation Site Photos– Location # 1
F-3.2A2 Full VegetationSite Photos – Location # 2
F-3.2A3 Full VegetationSite Photos – Location # 3
F-3.2A4 Full VegetationSite Photos – Location # 4
F-3.2A5 Full VegetationSite Photos – Location # 5
F-3.2A6 Full VegetationSite Photos – Location # 6
F-3.2A7 Location of Photos Showing Full Vegetation at Property Borders
F-3.2B1 Viewpoint from Scofield Street
F-3.2B2 Viewpoint from Highland Avenue
F-3.2B3 Offsite Photo Location Map
F-3.2C Visual Assessment Plan
F-3.2D Viewpoint #1
F-3.2E Viewpoint #2
F-3.2F Viewpoint #3
F-3.2G Viewpoint #4
F-3.2H1 Viewpoint #5
F-3.2H2 Aerial of Viewpoint #5
F-3.2I Viewpoint #6
THE OVERLOOK AT KIDD FARM 6 Engineering Properties, PC
F-3.2J Cross Section Plan
F-3.2K Cross Section #1
F-3.2L Cross Section #2
F-3.2M Cross Section #3
F-3.2N Cross Section #4
F-3.2O Supplemental Plantings and Privacy Fence Locations
F-3.3A Site Clearing and Area of Development
F-3.4A Surface Waters Map
F-3.4B NYS DEC Freshwater Wetlands in Region
F-3.4C FEMA Flood Map
F-3.4D ACOE Freshwater Wetlands
F-3.4E Existing Drainage Plan
F-3.4F Proposed Drainage Plan
F-3.5A Soils Map
F-3.5B Test Pit Locations
F-3.5C Existing Slope Analysis
F-3.6A Groundwater Resources
F-3.7A Overall Water System
F-3.7B Overall Sewer System
F-3.8A Studied Intersections
F-3.8B Existing AM Traffic Counts
F-3.8C Existing PM Traffic Counts
F-3.8D No-Build AM Traffic Volumes
THE OVERLOOK AT KIDD FARM 7 Engineering Properties, PC
F-3.8E No-Build PM Traffic Volumes
F-3.8F Arrival Distribution (Residential)
F-3.8G Departure Distribution (Residential)
F-3.8H Arrival Distribution (Commercial)
F-3.8I Departure Distribution (Commercial)
F-3.8J AM Site Generated Traffic Volumes (Residential)
F-3.8K PM Site Generated Traffic Volumes (Residential)
F-3.8L AM Site Generated Traffic Volumes (Commercial)
F-3.8M PM Site Build Traffic Volumes (Commercial)
F-3.8N Level of Service Summary Table
F-4.2A Alternative #2 Plan – Conventional Development- Site Plan
F-4.3A Alternative #3 Plan – Alternative #3 Site Plan
F-4.3B Alternative #3 Model Elevation – Downhill Unit
F-4.3C Alternative #3 Model Floorplan – Downhill Unit
F-4.3D Alternative #3 Model Floorplan – Uphill Unit
THE OVERLOOK AT KIDD FARM 8 Engineering Properties, PC
List of Appendices
A. SEQRA Documentation
B. Stormwater Pollution Prevention Plan
C. Soils Investigation Report
D. Engineer’s Report and Specifications for the Water System
E. Engineer’s Report for the Sewer Main Extension
F. Traffic Study Report
G. Garling Associates, School Age Children Analysis
H. National Association of Home Builders, Metro Area Impact of Home Building in Dutchess and Orange Counties, NY
I. Fiscal Analysis Memorandum; Letter from Walden Fire Department dated March 23, 2010.
J. Cultural Resources Study: Phase 1A Literature Review & Sensitivity Analysis, Phase 1B Archaeological Field Reconnaissance Survey and Phase 2 Archaeological Investigation
K. Alternative Plan ALT-2, Conventional Development
L. Alternative Plan ALT-3, Alternative Site Plan
M. Full Plan Set
THE OVERLOOK AT KIDD FARM 9 Engineering Properties, PC
1.0 Executive Summary
1.1 Project Description
The proposed project, The Overlook at Kidd Farm, is a clustered 204 unit townhouse development with associated recreational amenities and a four lot commercial subdivision on approximately 37.37 acres of land in the Village of Walden, New York. Currently there is an existing single family house located on the property which fronts on Coldenham Road. This house will remain, however, all associated outbuildings and debris will be removed. There is no development proposal for the four lot commercial subdivision. Each townhouse will have 3 bedrooms, 2 ½ bathrooms, a basement and a 1 car garage. There will be two types of units –uphill (UH) and downhill (DH) units. Units will range in size from approximately 1,800 to 1,900 square feet. These estimates exclude the garage which is approximately 240 SF. The townhouse units will be organized along the internal roadways in buildings of four or six units. The project sponsor is also proposing a recreation package which includes a community clubhouse as well as recreational facilities and amenities. The clubhouse will be approximately 2,500 square feet and include the project’s sales office and Townhouse Association (THA) management office. The building will also include a kitchenette, library, recreation room, bathrooms, pool filtration and storage areas. On site recreational facilities will include an outdoor pool, two children’s playgrounds, a half basketball court and a dog run. Amenities will also include a gazebo, which will be located at the high point of the site, in the southeast portion, providing a relaxing place to gather and offering beautiful views of the surrounding area. The mailboxes will be centrally located near the clubhouse. The project proposes two main access points, one off of Coldenham Road and a second from NYS Route 208. The internal road network is looped with one cul-de-sac. An emergency only access road will extend from the bulb of the cul-de-sac out to Coldenham Road. The streets will include street lights, curbs, drainage facilities, shade trees, street signs and designated cross walks.
THE OVERLOOK AT KIDD FARM 10 Engineering Properties, PC
All proposed buildings will be served by Village of Walden water and sewer services. Stormwater runoff will be collected through a network of structures, piping, and swales and conveyed to several onsite stormwater treatment and detention facilities. The stormwater facilities will be designed in accordance with all NYS Department of Environmental Conservation (NYSDEC) regulations. Please note that while this DEIS contains many small scale figures, a full size set of plans are available at Village Hall for inspection.
1.2 Site Description
The project site is bordered by NYS Route 208 on the west and Coldenham Road to the north. The Town of Montgomery town line runs along the south and east property line. The property includes five parcels of land referenced on the Village of Walden Tax Map as Section 315, Block 5, Lots 3.2, 4, 7, 8 and 10.1 The majority of the proposed project is located within the recently adopted TH-zone, which permits multiple dwellings with an affordable housing requirement. Twenty percent of the townhouse units will be restricted as “affordable” pursuant to the Village’s zoning regulations. The remainder of the parcels are zoned R-3 and OL-I. Approximately 42% site is meadow and 52% woods. There are approximately 4.09 acres of federally delineated wetlands on the site, of which 2.6 acres are isolated, non-regulated wetlands. Neighboring uses in the area are primarily residential, commercial and agricultural. A more complete description of the project site can be found in Section 2.3 of this DEIS.
xi 1 The site originally consisted of six tax parcels, five of which are those listed in the Village of Walden. The sixth lot was annexed by the Village of Walden in 2008 and was previously known as Section 14, Block 1, Lot 44 on the tax map for the Town of Montgomery. The Montgomery tax parcel has been made part of the Village of Walden tax lot 315-5-7.
THE OVERLOOK AT KIDD FARM 1-11 Engineering Properties, PC
1.3 Involved Agencies, Permits and Approvals
The following is a list of involved agencies along with the permits, approvals and or referrals that are required.
1.3.1 Local
A. Cluster Approval – Planning Board
B. Site Plan Approval – Planning Board
C. Subdivision Approval – Planning Board
D. Architectural Review – Planning Board
E. Amendment of Village Code Section 148-56.1(B)(2) – Village Board, if Alternative Site Plan is chosen as Preferred Plan
F. Utility Permits – Commissioner of Public Works, Village of Walden
G. Building Permits and Certificates of Occupancy – Village Building Inspector
H. Stormwater Pollution Prevention Plan – Planning Board Engineer
1.3.2 Regional – Orange County
A. Access/Utility Permit – Orange County Department of Public Works B. Realty Subdivision – Orange County Department of Health C. Water Main Extension – Orange County Department of Health D. GML 239m and n – Orange County Planning Department
1.3.3 State
A. Sewer Main Extension - New York State Department of Environmental Conservation.
B. Highway Work Permit - New York State Department of Transportation
C. General SPDES Permit (Stormwater) - New York State Department of Environmental Conservation
THE OVERLOOK AT KIDD FARM 1-12 Engineering Properties, PC
D. Historic, Cultural and Archeological Review – New York State Office of Parks, Recreation and Historic Preservation
1.3.4 Federal
A. Wetlands Jurisdictional Determination - Army Corps of Engineers
1.4 Summary of Potential Impacts and Potential Mitigation The following chart summarizes the anticipated impacts and proposed mitigation measures for each issue identified by the Planning Board and more fully discussed in Section 3 of this DEIS. Table 1.4A: Summary of Potential Impacts and Proposed Mitigation ISSUE POTENTIAL IMPACT PROPOSED MITIGATION Land Use, Zoning and • Conversion of vacant land • Unavoidable impact Public Policy to developed land Visual Character • Some neighboring • Create a visually attractive properties will have views site through the use of into the site; landscaping, fountains and • Some buildings will be architectural styles, colors and visible from the proposed construction materials that access points; complement the overall • During the late fall and natural setting; winter, some of the • Preserve mature vegetation buildings may be visible and buffer areas along from the road, especially property boundaries up to along Coldenham Road. limits of disturbance; • Provide supplemental plantings and privacy fencing in identified locations.
THE OVERLOOK AT KIDD FARM 1-13 Engineering Properties, PC
Vegetation and Wildlife • Site clearing will result in • Minimize site grading to a loss of trees, vegetation reduce potential for habitat and associated habitat; disruption; • Erosion and sedimentation • Preserve regulated wetlands; from construction • Preserve mature vegetation activities may impact along site borders up to the wetlands and limits of disturbance; watercourses; • Manage stormwater runoff; • Site clearing may disrupt • Prepare and implement soil habitat corridors. erosion and sediment control plan; • Include landscaping materials which contain a mixture of native and ornamental species that can be used for forage; • Utilize plantings that can provide food and nesting sites for small animals and birds.
Wetlands and Surface • Disturbance of 0.07 acres • Prepare and implement Water of ACOE wetlands; Erosion and Sediment Control • Water quality impacts Plan in accordance with DEC from pesticides and standards; herbicides; • Prepare and implement a • Increase in impervious Stormwater Pollution areas can increase peak Prevention Plan in accordance stormwater flow rates and with DEC regulations; degrade water quality; • Utilize fertilizer and • Thermal impacts to herbicides only when wetlands from impervious necessary and when area run-off. conditions permit. • Ensure that stormwater control ponds do not discharge directly into wetland headwaters.
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Geology, Soils and • Soil disturbance may • Prepare and implement Topography increase soil erosion and grading plan that minimizes sedimentation; earthwork to the greatest • Erosion can occur from extent practicable; cut and fill activities; • Balance cut and fill on-site to • Construction on steep greatest extent practicable; slopes may cause soil • Prepare and implement erosion; Erosion and Sediment Control • Presence of poor soils may Plan; lead to water entering • Inspect erosion control excavations and building measures in accordance with foundations DEC standards; • Avoid construction on existing steep slopes to the greatest extent practicable; • De-water excavated structures and direct discharge to appropriate erosion control structure; • Limit areas of disturbance in accordance with Phasing Plan.
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THE OVERLOOK AT KIDD FARM 1-15 Engineering Properties, PC
Groundwater Resources • Use of potable water for • Develop well on site to landscaping and lawn irrigate designated planting maintenance unnecessarily areas during low rainfall increases water supply periods. demand; • Utilize best management • Contamination of ground practices in maintaining lawns water through overuse and and landscaping; inappropriate application • Utilize integrated pest of pesticides, herbicides management to control weeds, and fertilizer. insects and diseases. Water and Sewer • Increase water supply • Increase in water and sewer Service demand by 51,100 gpd; demand is an unavoidable • Water pressure may be impact; inadequate for domestic • Utilize water conservation use and will not meet fire measures including installing flow standards; water saving fixtures and • Increase in sanitary sewer appliances to reduce water demand by 51,100 gpd; sewer demand. • Booster pump station will be necessary to provide domestic pressure and meet fire flow requirements;
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Traffic • Increased number of • Increased number of vehicles vehicles entering and is an unavoidable impact of exiting site; the project; • Increased number of • Monitor the intersection at vehicles on local roadway; NYS Route 208 and Coldenham Road to determine if signalization is warranted in the future; • Monitor intersection at NYS Route 208 and Route 52 for signalization; • Village should consider extending the sidewalk along Edmunds Lane as an alternative pedestrian route to the Village; • Village should trim and cut back the underbrush and trees in the right of way to improve site distance along Edmunds Lane; • Village should establish a stop on Edmunds Lane and create a pedestrian walkway near temple property.
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Socioeconomics and • Demographics: estimated • Increase in population is an Community Services increase of approximately unavoidable impact of the 577 persons to Village project; population; • Police: The taxes generated by • Police: The additional the project will mitigate the residence will cause an additional demand and incremental increase on therefore no further mitigation existing police demands. is necessary. • Fire: The additional • Fire: The taxes generated by housing will cause an the project will mitigate the incremental increase on additional demand and existing fire demands. therefore no further mitigation • Recreation: While the is necessary. additional residents will • Recreation: on-site recreation utilize local, county and package will be provided state recreational facilities, including a clubhouse, 2 the applicant does not playgrounds, outdoor anticipate that the swimming pool, ½ basketball additional use of the court; gazebo, dog run and existing facilities will open space. The applicant’s create a significant obligation to pay recreation negative impact. The fees shall be determined based Village’s Comprehensive on the Village Code and Plan indicates that the Village Law Section 7-730 current recreational (4). facilities meet or exceed • Solid Waste: Residents will national standards with the reduce solid waste through new residents; recycling; • Solid Waste: site will • Schools: Increase in new generate 1,348 pounds of students is an unavoidable solid waste per day; impact of the project. • Schools: ±80 new pupils • Library: Any additional costs will enroll in VCSD. incurred by the Library in • Library: an additional 207 servicing the potential new new residents may resident borrowers will be become registered offset by the revenue borrowers at the library. generated through new taxes.
Fiscal Analysis • No identified impacts; all • No Mitigation Measures are taxing jurisdictions will Proposed receive more revenue than the project is expected to cost in services.
THE OVERLOOK AT KIDD FARM 1-18 Engineering Properties, PC
Cultural Resources • No identified impacts; • No Mitigation Measures are Proposed. Noise • Temporary increases in • All construction activities will noise levels due to take place during appropriate construction activities. time periods as defined by local regulations; • Construction equipment will not idle unnecessarily and all construction equipment will be checked periodically to ensure properly functioning muffler systems are in use. Air Quality • Potential air impacts from • During dry weather fugitive dust during conditions, water will be construction. sprayed on unpaved areas that are subject to heavy construction vehicle traffic; • Paved areas will be kept clean of loose dirt; • Stone tracking pads will be installed at construction entrance to reduce soil being tracked onto adjacent roadways. • Disturbed areas will be seeded and mulched to reduce soil erosion and control dust. Light Quality • Potential for on site • Incorporate “dark sky” lighting to impact lighting elements including neighborhood. the following: • Limit height of street poles to 14 feet; • Utilize fixtures with shields that minimize fugitive light; • Use frosted glass when fixture does not provide full cut off. • Lighting at clubhouse will be extinguished when the facility is not in use. Solid Waste Generation • Site will generate 1,348 • Residents will reduce solid and Management pounds of solid waste per waste through recycling; day.
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1.5 Alternatives Considered
A. No Action: Should the project not be developed, the Village would not receive additional tax revenue and the site would increase in undergrowth and brush. Traffic in the vicinity will still increase; however, the additional traffic associated with future residents of the project would not occur. There would be no additional demand on water, sewer, utilities and community services. There would be less multi-family housing available in the region and no additional affordable housing. B. Conventional Development Plan (No Cluster): This plan would result in the development of 225 units: 214 townhomes and 11 single family residential homes. Positive impacts include additional revenue from taxes generated by the additional 20 residences. The site would include two additional affordable units (townhouses). Negative impacts include a loss of 2.9 acres of open space, an additional 1.66 acres of impervious surface, approximately 646 new residents (69 additional persons beyond those estimated in the preferred plan), and 93 new school children (an additional 13 school age children beyond those estimated in the preferred plan); 1,503.5 lbs/day of solid waste (an increase of approximately 155.25 lbs per day beyond the preferred plan); 56,650 demand in water and sanitary sewer demand (5,550 gpd beyond the preferred plan). C. Alternative Site Plan with mitigation: This plan is similar to the preferred plan in that it proposes 204 townhouse units and utilizes the cluster design; however, this plan proposes to reduce the width of the townhouse to 20’ for the uphill unit and 22’ for the downhill unit. This change would result in a reduction in overall size of the units from between 150 to 200 SF, while retaining the functionality of the rooms and overall layout of the floor plan. The proposed reduction in the width of the unit will require an amendment to the Village’s zoning ordinance to permit the smaller townhouse widths as the ordinance requires 24’ units. By utilizing the smaller units, there will be an additional 2.04 acres of open space; more separation between buildings; and a reduction of 2.05 acres of impervious
THE OVERLOOK AT KIDD FARM 1-20 Engineering Properties, PC surface. The number of school age children, traffic generation, water and sewer demand would remain the same as the preferred plan. Net fiscal impact of the alternative plan will be positive with all taxing jurisdictions receiving more money than it is estimated it will cost to service the project. This alternative will include 41 affordable units, which is the same number of units as proposed in the original plan. The exact location of each of the affordable units is not yet known, however, twenty percent of the units in each of the 5 construction phases will be restricted as affordable.
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2.0 Description of the Proposed Action
2.1 Introduction
On or about July 31, 2008, the project sponsor, 845 Area Code, LLC, filed site plan and subdivision applications with the Village of Walden Planning Board requesting approvals for a 204 unit clustered townhouse development with associated recreational facilities and a 4 lot commercial subdivision. After reviewing preliminary sketches for the development, the Planning Board declared its intent to become Lead Agency, under the New York State Environmental Quality Review (“SEQR”) Act on November 19, 2008. Acting in its capacity as Lead Agency, the Planning Board, by resolution, issued a Positive Declaration on January 21, 2009, determining that the proposed project may have a significant adverse environmental impact and instructed the applicant to prepare a Draft Environmental Impact Statement (“DEIS”). On February 18, 2009, the Planning Board held a public scoping session to consider and discuss the potentially significant adverse impacts related to the proposed project that were to be addressed in the DEIS. The final scope was adopted on March 18, 2009. This DEIS is an initial statement prepared by the project sponsor that describes the proposed project, studies potentially significant adverse environmental impacts, proposes mitigation measures and examines possible alternatives. Once the DEIS is determined to be complete by the Lead Agency, it is circulated to all involved and interested agencies, made available for public review and a public hearing is scheduled.
2.2 Project Purpose, Public Needs and Benefits
In 2005, the Village of Walden adopted a new Comprehensive Plan that seeks to provide a clear vision for guiding future growth and development (Village of Walden Comprehensive Plan, 2005, Chapter 1, p. 1, hereinafter referred to as “Comp Plan”). One of the key issues that the Comprehensive Plan Steering Committee (hereinafter “Steering Committee”) grappled with was the need to provide a more logical separation between
THE OVERLOOK AT KIDD FARM 2-22 Engineering Properties, PC certain districts and in particular, the RM and the adjacent I-1 (OL-I) District (Comp Plan, Chapter 2, p. 10). The Comp Plan recommends that the Village revise its zoning regulations and rezone certain properties on Coldenham Road from RM to TH (Townhouse). In 2007, the Village Board amended the Zoning Map to reflect that (the proposed project site) Section 315, Block 5, Lots 4, 5, 6, 7 and portions of Lot 8 were rezoned from RM-1 to TH. (Village of Walden Zoning Ordinance, Chapter 148-8, Subsection N). The objectives of the Project Sponsor include securing all necessary permits and approvals required to construct a moderately priced 204 unit townhouse development with recreational amenities and a 4 lot commercial subdivision. The project has been designed to meet the goals of the Village’s Comprehensive Plan, as described above, by providing a defining edge to the Village. The project will also increase the number of dwelling units available in the Village for individuals and families seeking to purchase homes that are moderately priced and secure 41 units of housing that are restricted as “affordable”. The project meets the needs of the public as identified in the Comp Plan by creating a well-defined edge of the Village, providing a development buffer for the OL-I District (Comp Plan, Chapter 2, p. 4). There is a public need to protect the community character (Comp Plan, Chapter 9, p. 8) and as advocated in the Comp Plan, the proposed cluster subdivision design will both preserve open space and the area’s community character. The development of 204 townhouses will meet the public need to enhance housing opportunities (Comp Plan, Chapter 9, p. 11) in the area by increasing the availability of multi-family housing in the Village, which is traditionally less expensive than single family homes and ideal for young families just starting out and seniors who are looking to downsize. The project will meet the public need of having access to affordable workforce housing opportunities (Comp Plan, Chapter 9, p. 11) as 20% of the units (41 townhouses) will be restricted as affordable. The benefits of the Proposed Action include those identified above, specifically, protecting the community character, providing a well defined edge to the Village, enhancing housing opportunities and providing affordable housing. In addition, the
THE OVERLOOK AT KIDD FARM 2-23 Engineering Properties, PC project will increase the tax base of the Village, Town and school district (as more fully described in Section 3.10 of this DEIS).
2.3 Site Location and Environmental Setting
The property is 37.37 acres and includes five parcels of land referenced on the Village of Walden Tax Map as Section 315, Block 5, Lots 3.2, 4, 7, 8 and 10. Table 2.3A provides information regarding each of the tax lots.
Table 2.3A - Parcel Area Totals and Zoning S-B-L Acres Zoning 315-5-3.2 4.575 R-3 315-5-4 1.998 TH 315-5-7 11.042 TH 315-5-8 15.06 TH 315-5-10 4.697 O-LI Total: 37.372
The property is located in the southern portion of the Village of Walden, which is part of the Town of Montgomery, in north central Orange County, in the State of New York. Figures F-2.3A and F-2.3B depict the location of the property at both the local and regional level. Some of the properties that lie adjacent to the site are developed, while others are vacant land/open space. Along the northern edge of the site, Coldenham Road, there are several single family homes that border the proposed development and additional residential dwellings on the northern side of that street. In addition, on the corner of Edmunds Lane and Coldenham Road is Spence Engineering, a company which manufactures and distributes specialized steam and fluid control devices (valves). To the west, on Route 208, the site borders Newburgh Auto Glass. To the south, the site is bordered by vacant land and the Bruderhof Communities, an international faith based facility. To the east are single family residences, woodland and agricultural fields. Figure 2.3C provides an aerial view of the project site and locates existing structures and lands that border the site. Historically, the property was known as the Herman Kidd farm (1875 County Atlas of Orange by F.W. Beers Plate 62) and as the H E Kidd farm (1903 Atlas of Orange
THE OVERLOOK AT KIDD FARM 2-24 Engineering Properties, PC by J.M. Lathrop Plate 24). The site was used by its owners for farm purposes and after 1966 leased annually to various neighborhood farmers who would grow either corn, hay and/or alfalfa crops that were utilized in connection with their larger nearby dairy operations. There have been no opportunities to lease the property for farm uses in the last five years and accordingly, the site is now vacant land. Prior to the instant application, no development proposals have been submitted to any governmental authority for this property. Accordingly, no environmental impact statements have been submitted. However, the Village’s Revised Comprehensive Plan that was prepared in 2005 specifically identified this property for this type of use. The Village conducted a SEQR review with respect to the impacts of the plan. The only other governmental approval requested for this property was more than 10 years ago when Orange County Department of Public Works permitted the installation of a replacement culvert to allow access from the County Road into the property. The site, which includes five parcels of land referenced on the Village of Walden Tax Map as Section 315, Block 5, Lots 3.2, 4, 7, 8 and 10, lies along Routes 208 and Coldenham Road in the southern portion of the Village of Walden. As indicated on Figure 2.3D, Tax and Zoning Map, the neighborhood is predominately a mix of office/light industrial and residential uses. To the north, the lands that border the site, as well as those on the north side of Coldenham Road, are zoned R-3 and are developed as single family residences. Further to the north and northeast of the site, the area is zoned for Office/Light Industry and has been developed for light industry and manufacturing uses along with a religious institution. The southern border of the property forms the municipal boundary with the Town of Montgomery. The properties to the south are comprised of vacant land and open space some of which is owned and utilized by the Bruderhof Communities, a faith based international living/working community. Located in the southern portion of the Village of Walden in central Orange County, the site is easily accessible from both NYS Route 208 and Coldenham Road. There is access to municipal sewer and water to service the site. The 37.37 acre site presently consists of approximately 20.28 acres (54%) of woodland, 15.84 acres (42%) of meadow, 0.6 acres of lawn, 0.02 acres of pond/lakes and
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0.63 acres (2%) of impervious surface (buildings and driveways). Figure 2.3E depicts the existing site conditions. The site slopes moderately with elevations ranging from 472.27 feet above mean sea level near the southeast corner of the site, to 378.91 feet above mean sea level in the north east corner. Surface drainage tends to flow west or north east from a centerline drawn along the ridge in the approximate center of the site. Drainage accumulates in the isolated wetlands and remains on site where it discharges into the ground or to one of the wetlands and then drains offsite to the southeast.
Of the 37.37 acres, approximately 35.37 acres are usable; the other 2 acres include Army Corp of Engineer Jurisdictional wetlands and a pond. There are no state-regulated wetlands and no streams on the property. Based on the most recent FEMA mapping of the site, no floodplains are present on or adjacent to the site.
2.4 Project Description and Layout
The site is composed of four general vegetation communities: early upland oldfields located in the southern and southeastern portions of the site; successional forests located in the western portion and southwestern portion of the site; forested wetlands are located on the western side of the site, along NYS Route 208 and emergent wetlands are located on the northern portion of the site, along Coldenham Road, and along the northwestern property line. A more detailed description of the site’s vegetation and wetlands can be found in Sections 3.3 and 3.4 respectively of this DEIS.
2.4.1 Development Concept, Structures and Site Improvements
The project proposes to construct 204 townhouses in 38 buildings that will be distributed along the roadways throughout the site. Figure F-2.4A depicts the proposed site plan. Twelve of the buildings will contain 4 dwelling units and twenty six will contain 6 dwelling units. All units will have three bedrooms with two and ½ bath, a one car garage and basement.
While designing this site, the project sponsor’s objective was to prevent any unnecessary grading and to limit potential visual impacts. To accomplish these
THE OVERLOOK AT KIDD FARM 2-26 Engineering Properties, PC objectives, the project sponsor selected building styles that are designed specifically to work with the topography of the site. The project will include two main townhouse unit types, an “uphill” unit of approximately 1,800 square feet and a “downhill” unit of approximately 1,900 square feet.
The “uphill” unit is designed to be built into the hillside and will appear to be three stories from the street front, with two stories above grade from the rear. The typical floor plan of the “uphill” unit will be a garage and optional finished recreation room on the lower level; the first floor will include the living room, dining room, kitchen, family room and half bath; the second floor will include three bedrooms and two baths. Figure F-2.4B1 provides a typical elevation for the “uphill” 4 unit building and Figure F-2.4B2 provides a typical floor plan.
The “downhill” unit will also utilize the topography and will appear to be two stories from the street front and three stories from the rear. The lowest level will have a full walkout basement; the first floor (street level) will include the garage, living room, dining room, kitchen, and half bath; the top floor will consist of three bedrooms and two baths. Figure F-2.4C1 provides a typical elevation for the “downhill” 4 unit building and Figure F-2.4C2 provides a typical floor plan.
Prior to constructing or modifying any portion of the town house to create additional bedrooms or baths, the homeowner will need to obtain approval from the Townhouse Association as well as secure all necessary permits from the Village. This requirement shall also be specified in the HOA documents.
All units within any given building will be either all “uphill” units or “downhill” units. Table 2.4.1A, Unit Type and Buildings, provides information with regard to the number of uphill (UH) and downhill (DH) units as well as the number of buildings (4 or 6 unit buildings) that will consist of either uphill or downhill units.
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Table 2.4.1A – Unit Type and Buildings Unit Type No. of Bldgs. Units per Bldg. Total No. of Units 4 Unit DH 8 4 32 6 Unit DH 20 6 120 4 Unit UH 4 4 16 6 Unit UH 6 6 36 38 Buildings Totals (28 DH/10 UH) ----- 204 Units
To determine the number of persons that would be generated by the project, demographic multipliers were utilized from the Rutgers University, Residential Demographic Multipliers (2006). The Rutgers multipliers are considered the professional standard as they are based on demographic information for New York State and differentiate between housing type, number of bedrooms and ownership, factors which influence population projections. As there is no local information available from the Valley Central School District with regard to student generation, the Rutgers University data was utilized. Based on information generated by the Rutgers University, the 204 townhouse units are expected to generate ±577 new residents, which will include approximately 80 public school age children. A detailed discussion of how these projections were calculated is included in this DEIS at Section 3.9, Socioeconomics and Community Services.
Each of the market rate townhouses is proposed to be situated on an individual lot of approximately 2,400 square feet, which substantially exceeds the minimum of 2,000 square feet required under the zoning ordinance. All units are proposed on lots that are a minimum of 24 feet wide with the exception of the “affordable” townhouses which will be on lots a minimum of 20 feet wide and will be situated on lots which will be a minimum of 2,000 square feet. In addition to the land attributed to each individual townhouse unit, homeowners will be members of a Townhouse Association that will own an undivided interest in an additional 17 acres of common area which includes open space, recreation facilities, roads, etc. There are no other fee simple townhouses in the area for lot comparison purposes. Single family homes in the area sit on lots which average slightly less than ½ acre. Industrial and commercial properties in the area are on lots averaging approximately 4 acres or larger.
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The architectural style of the units has been varied to provide for visual interest. The front yard setbacks have been designed so that no more than two abutting units have the same setback and no more than two abutting units share the same architectural appearance. Variations in the units include window style, entrance details and building materials. In addition, the roofline varies within the building. The architectural details above the garages have been varied to provide for visual appeal and to ensure that garages do not dominate the building façade.
Each townhouse unit will be set on its own fee simple lot. The average front yard set back is a minimum of 25 feet, with a minimum distance of 22 feet between garage door and nearest edge of the sidewalk. The rear yard setback is not less than 25 feet. Each townhouse building has two side yards totaling not less than 30 feet with one side not less than 10 feet. The minimum distance between buildings which face each other is 75 feet, with a minimum distance of 60 feet between rear walls.
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Table 2.4.1B – Bulk Requirements – TH Zoning District
Bldg Requirements Minimum Required Provided
Lot Area w/ Sewer and 2,000 SF Market: 2,400 SF
Water Affordable: 2,000 SF
Lot Width Market: 24’ Market: 24’*
Affordable: 20’ Affordable: 20’
Maximum Percentage Lot ≤ 30% 19.43% Coverage
Front yard setback Avg. 25’; no less than ≥25’; no less than 22’ 20’ to sidewalk to sidewalk
Rear yard ≥ 25’ ≥ 25’
Side yards Two side yards ≥ 30’; Two side yards ≥ 30’; one side yard ≥ 10’ one side yard ≥ 10’
Separation between bldgs. Front wall to front wall: Front wall to front 75’ wall: 75’
Rear wall to rear wall: Rear wall to rear wall: 60’ 60’
Minimum floor area 1,250 SF 1,800 – 1,900 SF
Maximum permitted ≤ 35 feet ≤ 35 feet building height
* The Alternative Plan proposes a minimum lot width of 20’ for the uphill units; a minimum of 22’ for the downhill units and 20’ for the affordable units.
Proposed recreation facilities include a community clubhouse, pool and other recreational amenities that will be maintained by a not-for-profit Townhouse Association. The clubhouse will be approximately 2,500 square feet in size and include an office for sales and the Townhouse Association (THA) Management office. Figure F-2.4D
THE OVERLOOK AT KIDD FARM 2-30 Engineering Properties, PC provides a sample clubhouse elevation and Figure F-2.4E a floor plan. The clubhouse will contain a kitchenette, library, recreation room, bathrooms, pool filtration and storage areas. Recreational amenities near the clubhouse will include an outdoor pool, playground and a dog run. Figure F-2.4F depicts the proposed recreational facilities. A second playground and ½ basketball court will be located in the southwestern portion of the site, near the Route 208 entrance. A gazebo will be located at the high point of the project site, in the southeastern section, which can be utilized as a meeting place or a place to relax and enjoy the views. The lot area for the clubhouse, recreational facilities and passive open space is approximately 9.6 acres.
The site has extensive natural vegetation along its borders that will be preserved to the greatest extent practicable. In addition, the project has been designed to limit the proximity of proposed dwelling units to existing structures and accordingly, only 6 units are within 125 feet of an existing structure. In these instances, additional buffering is proposed to limit visual and other potential impacts on adjoining property owners. For a full description of the potential impacts and proposed mitigation measures, see Section 3.2 of this DEIS.
In accordance with the Village Code, 20% of the townhouse units (41 units) will be restricted as affordable and available only to families earning between 101% - 120% of the Orange County median family income. The deed for each affordable unit will include a provision indicating that the unit is an affordable housing unit subject to restrictions on occupancy and resale. Of the 41 units that will be restricted as “affordable”, the Village Code requires that 25% of the units be offered to applicants within four income ranges of the Orange County median. Table 2.4.1B indicates the breakdown of units available within identified income ranges.
Table 2.4.1B – Affordable Housing and Income Range Income Range No. of Units 101% - 105% 10 106% - 110% 10 111% - 115% 10 116% - 120% 11 Total: 41 units
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The Village Manager and/or Affordable Housing Committee is charged with accepting and reviewing applications for affordable housing units. Preference will be given to certain applicant classes as indicated in Section 148-56.1 of the Village Code.
The exterior of all affordable units will be identical to market rate units and these units will be dispersed throughout the project. Affordable units will be predominantly “uphill” units. Figure F-2.4G provides a typical floor plan for an affordable unit. It is premature for the project sponsor to indicate the exact location of the units that will be set aside as affordable; however, within each of the 5 construction phases, approximately 20% of the units constructed within that phase shall be designated as affordable. See Figure F-2.5A for the Construction Phasing Plan. Table 2.4.1C below provides a breakdown of the number of affordable units that are proposed within each construction phase.
Table 2.4.1C – Affordable Units as Per Construction Phasing CONSTRUCTION PHASE # UNITS PER PHASE # AFFORDABLE UNITS
1 34 Units 7 Affordable Units
2 38 Units 7 Affordable Units
3 46 Units 9 Affordable Units
4 24 Units 4 Affordable Units
5 62 Units 14 Affordable Units
It is anticipated that the developer will work closely with the Village Manager and or Affordable Housing Committee to further refine and or modify these allocations and the location of units based upon the applicant pool and demonstrated need. The project sponsor would like to reserve the right to sell a unit which has been reserved as an affordable unit if there is no qualified and interested applicant for such unit. In order to achieve this, the Village administrator should develop a mechanism to address this situation should this condition present itself. Pursuant to the Village Code’s requirements, the maximum initial sales price shall be set by resolution of the Village
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Board, calculated such that the annual cost of the sum of principal, interest, taxes, Townhouse Association common charges and private mortgage insurance shall not exceed 32% of the Orange County median family income allowed for such unit for a family of four.
2.4.2 Zoning Variances
The project as proposed complies with the requirements of all applicable zoning and subdivision regulations and does not require any variances. During the preparation of this DEIS, an alternative plan involving smaller footprints for some units was identified, which the project sponsor believes may be a more appropriate plan, due to various factors. To pursue this alternative would require an amendment to the Village Code, Section 148-56.1(B)(2).
2.4.3 Land Clearing and Impervious Surfaces
The project will physically alter the existing conditions of the site. The project will result in the clearing of ±11.98 acres of woods leaving 8.3 acres of woods. Of these ±8.3 acres, ±6.39 acres are usable. The ±15.84 acres of meadow on the site will be cleared. Only 0.06 acres of regulated wetlands and 0.7 acres of unregulated wetlands will be disturbed. The project will increase the acreage utilized for lawns by ±15.79 acres. Finally, the project will increase the amount of impervious surfaces on the site by ±12.02 acres. Table 2.4.3A Site Disturbance Calculations show the existing conditions and the post construction conditions of the site.
Table 2.4.3A - Site Disturbance Calculations Existing/ Pre- Post Type Construction Construction Total Gain/Loss Woods 16.28 acres 5.07acres -11.21 acres Meadows 15.84 acres 0 -15.84 acres Water/Wetlands 4.02 acres 3.26 acres -0.76 Lawn 0.6 acres 12.39 acres 11.79 acres Impervious Surface 0.63 acres 12.65 acres 12.02 acres Stormwater Pond --- 4.0 acres 4.0 acres
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As indicated in Table 2.4.3A above, the site currently contains ±0.63 acres of impervious surfaces that consist of buildings and driveways. The project will produce an additional ±12.02 acres of impervious surfaces comprised of roads, parking and structures. Table 2.4.3B, Proposed Impervious Surfaces, details the type and amount of impervious surfaces that will be present after the site is developed.
Table 2.4.3B - Proposed Impervious Surfaces Type Amount (acres) Buildings & Driveways 7.26 Roads & Parking Lots 4.61 Sidewalks, basketball court and pool 0.78 TOTAL 12.65
Of the remaining ±24.72 acres, 8.3 acres will be woodland, 12.39 acres lawn, and 4.02 acres will consist of stormwater ponds, surface water and/or wetlands.
2.4.4 Access, Circulation and Parking
The proposed internal road layout has been designed to provide safe and convenient access to the townhouse units and recreational facilities and to the greatest extent practicable follows the natural contours of the site, avoiding the areas with the steepest slopes. There will be one primary access road, Road A. Road A starts at Coldenham Road traverses through the site and ends in a cul-de-sac. This road is connected to NYS Route 208 by Road D, a short connector road through the commercial portion of the project. Figure 2.4H1 depicts the site plan, with proposed access points, internal roads and parking areas. All internal roads are proposed to be private two lane roadways, 26 feet wide, with a 37 foot right of way, 6” curbs on each side and 6’ wide grassed median. All roads will be maintained by the Townhouse Association. There is no proposed public use of these private roads. Figure 2.4H2 provides a typical roadway cross-section.
The applicant is proposing two access points to the project site. The proposed primary access to the town house development is a boulevard entrance located off of Coldenham Road, 250 feet west of the intersection with Edmunds Lane. Figure F-2.4I depicts this access point. This entrance will have a median divider and be extensively landscaped with trees, bushes and flowers. Entrance signage will be erected on both
THE OVERLOOK AT KIDD FARM 2-34 Engineering Properties, PC sides of the access drive indicating the name of the development. A second public access road is proposed from NYS Route 208, 1,700 feet south of the intersection with Coldenham Road. It is anticipated that this access point will be used primarily for ingress/egress to the commercial subdivision, although town home residents will be able to enter and exit the site from this roadway. The need for additional landscaping at the Route 208 project entrance can be reviewed by the Planning Board during their site plan review of the overall project. Figure F-2.4J provides detail on this access point.
An emergency only access road will run from the Road A cul-de-sac to Coldenham Road. This access road will be 12 feet wide and gravel. A breakaway gate will be installed to prevent the road from being used for any other purpose than during an emergency. See above, Figure F-2.4H for the location of the emergency access road.
Two parking spaces will be provided at each unit (one in the garage and one on the driveway) for a total of 408 spaces. The existing single family residence will have two(2) parking spaces available in the driveway. In addition, there will be 102 parking spaces available throughout the site for visitor parking. The clubhouse will have 25 parking spaces which include 2 handicapped spaces. In total, the project will have a total of 512 parking spaces. See Figure F-2.4K. Parking on the side of the roads will not be permitted. “No Parking” signs will be posted on the streets and enforcement rights will be given to the Village of Walden Police Department by the Townhouse Association pursuant to NY Vehicle & Traffic Law Sec. 1640-a. Table 2.4.4A below indicates the number and location of parking spaces proposed and required.
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Table 2.4.4A: Parking Spaces Proposed and Required GARAGE DRIVEWAY # PROPOSED # REQUIRED
32 Units in 32 32 64 64 4 Unit DH Bldg (2 per Unit) 120 Units in 120 120 240 240 6 Unit DH Bldg (2 per Unit) 16 Units in 16 16 32 32 4 Unit UH Bldg (2 per Unit) 36 Units in 36 36 64 36 6 Unit UH Bldg (2 per Unit) Single Family 2 2 2 (2 per Unit) Common parking 102 102 areas (.5 per unit) TOTALS: 512 512
Pedestrian access through the site will be provided via sidewalks that are proposed on one side of the street throughout the development, providing access for pedestrians to Coldenham Road. It is important to note that there are no sidewalks on the south side of Coldenham Road or on NYS Route 208 at the access points. The project’s sidewalks are proposed to be 4 feet wide and will be separated from the street by a 5.5 foot grassed median. The sidewalks will be maintained by the Townhouse Association. See Figure F-2.4K for the location of the sidewalks.
School children will be initially picked up and dropped off at the Coldenham access drive. Based on meetings with the Valley Central School District, once the project is completed, the District will evaluate whether or not access through the site will be necessary based on the number of school children residing in the development and bus routing.
To accommodate school age children, a bus shelter will be provided at the site access along Coldenham Road to protect the children from inclement weather and prevent the staging of vehicles along the entrance drive. In addition, off street parking in the area of the clubhouse is available for those who chose to wait near the entry for bus
THE OVERLOOK AT KIDD FARM 2-36 Engineering Properties, PC drop off or pickup. While the project sponsor anticipates that elementary students will attend Walden Elementary School, the School Board makes the determination with regard to which school elementary students will attend.
2.4.5 Recreation and Open Space
As more fully described in Sections 2.4.1 above and 3.9 below, on-site recreation will be provided for residents including a 2,500 sq. ft. clubhouse, outdoor pool, two playgrounds, a half basketball court, gazebo and a dog run. In addition to these active recreational facilities, there will be an additional ±9.0 acres of open space which will be maintained by the Townhouse Association and could be used for informal and passive recreation.
2.4.6 Water Service
As more fully described in Section 3.7 below, the proposed potable water demand for this project has been calculated to be 51,100 gallons per day and a fire flow demand of 1,250 gallons per minute. This water service will be provided to the project by connection to the Village water supply. The project sponsor is proposing to install an onsite water system which will connect to the existing water main in NYS Route 208 and the water main in Coldenham Road. The onsite system will connect to the existing ten inch water main in Coldenham Road and the existing ten inch water main in NYS Route 208. The NYS Route 208 connection will be via a new ten inch water main that will run through the site and connect to the ten inch water main on Coldenham Road, affectively connecting the two parts of the Villages water system. This main will be at the current pressure level of the Villages water system and will service the commercial subdivision as well as phases one and two before it reconnects to the Village water system on Coldenham Road near the main access road. Water pressure will also need to be boosted via a new municipal pressure booster station to service the high pressure water zone on site which will encompass phases 3 and 4. All mains on the high pressure zone will be eight inch mains. Hydrants and valves will be provided as required throughout the system. Residences will be connected to this new main via 3/4 inch copper water services. All services will be individually metered in accordance with Village
THE OVERLOOK AT KIDD FARM 2-37 Engineering Properties, PC requirements. Once the onsite water system is complete, it will be offered for dedication to the Village along with a blanket easement across all HOA properties and individual lots for access and maintenance to the water mains. Upon acceptance of the dedication, the Village will be responsible for maintenance of the onsite water mains.
2.4.7 Sewer Service
As more fully described in section 3.7 below, the proposed waste water demand for the project has been calculated to be 51,100 gallons per day. This service is proposed to be provided by connection the existing Village of Walden sewer system. Waste water from the project will be collected in a proposed gravity sewer main network containing eight inch SDR-35 PVC sewer mains and concrete manholes. These mains will collect the sewage waste and will discharge to an existing offsite sewer main in the Coldenham Road right of way at two locations. The waste will then be transported to the Edmunds Lane Pump Station and eventually the Village of Walden sewer treatment plant. The onsite system will be constructed by the applicant and offered for dedication to the Village along with a blanket easement across all HOA properties and individual lots for access and maintenance to the sewer mains. Upon acceptance, the Village will be responsible for operation and maintenance of the onsite sewer system. For a full description of the proposed sewer services see Section 3.7 of this DEIS
2.4.8 Stormwater Management
Detention ponds will be constructed to collect and treat stormwater runoff from impervious surfaces on site. A total of 3 detention ponds will be constructed. Low impact development techniques have been incorporated into the design to reduce the amount of stormwater that needs to be collected and treated. Further detail and descriptions of the stormwater management and drainage plans can be found in Section 3.4 of this DEIS.
2.4.9 Landscaping Plan
A landscaping plan has been proposed that in the opinion of the applicant will create a visually pleasing environment on site. The landscaping plan along with a detailed planting list is part of the full set of plans included in Appendix M of this DEIS.
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Outside the limits of disturbance, removal of healthy trees and vegetation will be avoided. Construction materials will not be stored and machinery will not be operated outside the limits of disturbance, which is clearly delineated on the site plans and discussed in Section 2.4.12 below.
The landscaping plan, which focuses on supplemental plantings for the areas of the site which will be cleared for development, includes a variety of herbaceous and evergreen trees, shrubs and plants that will be located throughout the site and along all internal roads and access roads. The plan as proposed, meets the requirements of the Village’s Code.
In addition to providing for a pleasant on site environment, additional landscaping has been provided in certain areas to mitigate potential impact to adjacent landowners. These impacts and the mitigation measures are fully discussed in Section 3.2 of this DEIS.
2.4.10 Lighting Plan
A lighting plan has been developed for the site that is designed to protect the safety and security of residents. It is recognized, however, that detrimental impacts can be created by excessive illumination and accordingly, “dark sky” features have been incorporated to minimize the potential of on site lighting to impact off site areas. Such features include pole mounted lighting limited in height to 14 feet and fixtures which will be traditional in design with downward directed, shielded fixtures. The light fixture type and fixture placement will minimize fugitive light. All lighting that is not full cut off, including pole lighting, will have frosted glass to avoid glare. Figure F-2.4L illustrates the typical lighting fixture and pole that will be located throughout the site. The light distribution pattern will vary based upon the location of the light poles. Lighting in areas of the site, such as the Clubhouse, will be extinguished when the facility is not in use. The net effect of this design is a lighting plan that maintains a neighborhood feel, with even light distribution and no significant impacts to neighboring properties. The lighting plan identifies the location of the poles throughout the site and can be found in the full plan set located at Appendix M of this DEIS.
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2.4.11 Ownership and Maintenance
Each individual townhome will be located on a separate subdivided tax lot and each structure with its corresponding lot will be owned in fee simple. The proposed roads and right of ways, drainage pipes, stormwater facilities, open space and recreational facilities will be owned and maintained by a Townhouse Association established for such purposes and formed pursuant to the requirements of the Attorney General’s Office. The project sponsor will offer for dedication to the Village the on-site water and sewer systems.
The first townhomes that are constructed will be used as models for potential buyers. Once the rest of the townhomes have been built, these model homes will be sold to the public. The sales office will be located in the clubhouse.
2.4.12 Limits of Site Disturbance
The site has been designed to limit the site disturbance to the area that is necessary to implement the plan. See Figure 2.4M. Based on the current site plan, the total disturbance of the project is estimated to be approximately 29.10 acres. The majority of which (27.81 acres) will occur on slopes of less than 15%. It is estimated that approximately 7 – 10 acres may be disturbed during any one phase and as this exceeds the 5 acre threshold established by the NYSDEC, a waiver from their office will be required. The limits of the disturbance area will be clearly delineated in the field during construction. For a more detailed discussion, see Section 3.5 Geology, Soils and Topography.
2.4.13 Retaining and Stone Walls
Although the site grading has been designed to minimize grading by constructing units parallel to the site slopes, to accomplish the site construction a limited number of retaining walls will be necessary. These walls occur in three locations: between units 56 and 91; along the parking lot at the club house; and around the pool area at the clubhouse. These walls are expected to be constructed of modular block and will be a maximum of six feet high. The retaining walls will be earth tone; the colors chosen will complement
THE OVERLOOK AT KIDD FARM 2-40 Engineering Properties, PC the buildings. Figure 2.4N depicts the finished look of the retaining walls. Existing stone walls on the property will be retained where practicable.
2.4.14 Utilities
The site is currently serviced by electric, gas, sewer and water utilities. These services will be brought into the site through a series of extensions. The electric and gas service to the site is provided by New York State Electric and Gas. Water and sewer service to the site is provided by the Village of Walden.
2.4.15 Erosion and Sediment Control Plans
Erosion and subsequent sedimentation is a potential impact that is addressed through the preparation of Erosion and Sediment Control Plans. These plans provide the design guidance for the location of best management practices such as silt fence, sediment ponds, check dams, etc., as well as soil stabilization methods that are to be used to minimize the amount of erosion and sedimentation from earth moving activities. In addition to the structural methods discussed above, the plan also achieves erosion and sediment control through the use of phasing to minimize the area and time a site is left in a disturbed state. A detailed plan has been prepared and is included in the full plan set at Appendix M and the Stormwater Pollution Prevention Plan is included in this DEIS at Appendix B.
2.4.15.1 Impervious Surface at Full Build Out of Site
As indicated in Section 2.4.3 above, the site currently contains ±0.63 acres of impervious surfaces that consist of buildings and driveways. The project will produce an additional ±12.02 acres of impervious surfaces comprised of roads, parking and structures. Table 2.4.3B, Proposed Impervious Surfaces, above, provides details on the type and amount of impervious surfaces that will be present after the site is developed.
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2.5 Construction and Operation
2.5.1 Construction Period
A construction phasing plan has been developed for the project. Based on the phasing plan and current market conditions, it is estimated that the project will be fully developed over a period of four and one-half years from final approval. The anticipated phases are shown in Figure F-2.5A, entitled “Construction Phasing Plan”. Depending upon future market demand and the completion of the required project infrastructure, the phasing and/or timing may vary.
To balance cut and fill on the site, as well as to accommodate necessary infrastructure improvements, more than 5 acres will need to be disturbed at one time. Accordingly, the applicant will seek a waiver of the 5 acre disturbance limit by filing the necessary paper work and the Stormwater Pollution Prevention Plan with the NYSDEC. If a waiver is obtained, it will allow the contractor to stockpile and transport material around the project site efficiently during construction and to better balance the cut and fill throughout the project. Figure F-2.5A includes details with regard to the proposed size of each area to be disturbed during each phase.
It is likely that phasing timeframes will overlap as site work will commence on a subsequent phase while building construction is being finalized in a previous phase. As the commencement of the project is dependent on various factors beyond the control of the project sponsor, an estimated start date of April, 2011 has been utilized.
2.5.2 Construction Sequence
The proposed general sequencing of construction activities within each Phase is as follows:
1. Installation of erosion control measures (i.e. silt fence, stabilized construction entrance, etc);
2. Site clearing and grubbing;
3. Stripping and stockpiling of topsoil for later use;
THE OVERLOOK AT KIDD FARM 2-42 Engineering Properties, PC
4. Excavation for temporary sediment basins and swales (permanent and temporary);
5. Excavation and grading for road right of ways, utilities and storm water infrastructure;
6. Installation of utilities;
7. Fine grading of roadways, installation of sub-base, base and first course of asphalt, construction of sidewalks and curbs;
8. Residential unit construction and utility service connection to mains;
9. Spreading of stockpiled topsoil, landscaping and lawn installation; and
10. Removal of temporary erosion control measures after vegetation has been established.
When installing erosion control measures, the following sequence will be utilized.
• Mark and delineate limits of clearing and grading by installing silt fencing and utilize orange plastic construction fence material in “critical areas”; install stabilized construction entrances. “Critical areas” are defined as areas with significant trees, vegetation, wetlands or any other natural resource area requiring protection. These areas, where orange construction fencing is to be installed, are identified on the grading plans.
• Strip and stockpile topsoil after clearing and grubbing; stabilize topsoil stockpiles with temporary seeding and silt fence.
• Install temporary erosion control devices (sediment traps, diversion swales, and check dams) prior to commencing earth moving activities.
• During and/or immediately after rough grading, install as necessary additional temporary erosion control measures including intermediate silt fences, diversion swales, and check dams.
• Fine grade, spread topsoil and stabilization completed within two weeks of establishing final grade.
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The following describes each construction phase and the projected improvements that will be necessary to support that phase. Assuming that construction commences in April, 2011, it is expected that full build out would be completed in October, 2015.
Construction access will commence from Coldenham Road as the clubhouse, town homes and associated infrastructure in the first phase are located near the Coldenham Road entrance. By utilizing Coldenham Road, construction impacts will be reduced as the construction vehicles will not need to cross the entire site unnecessarily. The first phase will consist of the main entry drive from Coldenham Road and thirty-four (34) townhouse units, the clubhouse and associated infrastructure. To ensure adequate emergency vehicle access is in place prior to the completion of phase one, a second full width gravel access road to NYS Rte 208 across the future phase 2 roadway will be constructed prior to occupancy of the 23th unit. The second phase will complete this second access point to the site from New York State Route 208 and will consist of the four commercial lots, thirty-eight (38) townhouse units and associated infrastructure. The third phase will include the construction of a secondary loop road and forty-six (46) townhouse units and associated infrastructure. During the fourth phase, the project sponsor proposes to build another loop road with twenty-four (24) townhouse units and associated infrastructure. The last phase is proposed as a cul-de-sac and contains the remaining sixty (68) townhouse units and associated infrastructure.
The following provides more specific information regarding each phase. Please note that the timing and schedules are estimates only and may need to be revised from time to time.
Phase 1 (April 2011 – May 2012): Approximately 14 months
This phase involves the construction of the entrance road from Coldenham Road up to the intersection with Road B, Road B to the parking area adjacent to unit #87, the clubhouse and associated parking area, the pool and playground, dog run, stormwater ponds D2 & D3, the water booster pump station, and units 87 through 120. All driveways, curbs, sidewalks, retaining walls, water, sewer, drainage facilities and utilities to serve the proposed units in Phase 1 will also be installed at this time. Occupancy of the units will begin during the latter portion of this Phase, around October 2011.
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A construction trailer will be utilized during this phase and shall be located near the proposed clubhouse. The parking area of the clubhouse shall serve as a construction staging area for this phase.
Table 2.5.2A - Phase 1 Schedule Months Erosion Locate limits of disturbance. Install stabilized construction 1-14 Control entrance, silt fence, temporary sediment pond at Pond D2 & D3, temporary diversion swales, and construction trailer with staging area. Install orange plastic construction fencing around critical areas. Dust control will be applied as necessary.
Site Construct Road A from Coldenham Road to approximately Features Station 6+00. Construct Road B from Station 0+00 to approximately Station 6+50 (including parking area adjacent to unit 87). Install drive and parking area for the clubhouse.
Roadways shall be cleared and excavated to proposed grade, curb shall be installed and the sub-base, base and first wearing course of asphalt constructed. Install sidewalks adjacent to constructed portions of Roads A & B, and adjacent to parking area for the clubhouse.
Water Install 1,552 LF of 10” Ductile Iron Pipe (DIP) water main, five fire hydrants and water booster station.
Sewer Install 1,118 LF of 8” gravity sewer trunk main and 8 sewer manholes.
Drainage Install 1,514 LF of storm drainage pipes, 23 catch basins, 3 yard drains and 2 manholes. Towards the completion of Phase 1, remove the collected sediment and finalize the construction of Pond D2 & D3.
Buildings Construct townhouse units 87-120; install bus shelter at access drive, plant landscaping and lawns.
Recreation Construct clubhouse, pool, dog run and playground.
Phase 2 (December 2012 – November 2013): Approximately 12 months This phase involves the completion of the remainder of Road B, Road A from the westerly intersection of the end of Road B (±Sta: 19+34) to the intersection of Road D (±Sta: 23+86), and Road D from its intersection with Road A to NYS Route 208. This
THE OVERLOOK AT KIDD FARM 2-45 Engineering Properties, PC phase will also include the construction of 38 additional townhouse units. All driveways, curbs, sidewalks, retaining walls, water, sewer, drainage facilities and utilities to serve these townhouse units will also be installed during Phase 2. Construction of the homes is anticipated to begin in June 2012. The construction trailer will be relocated to the area of units 147 – 150 for the remainder of the project. This area will also be used as a construction staging area for the remainder of the project.
Table 2.5.2B - Phase 2 Schedule Months Erosion Locate limits of disturbance. Install silt fence, stabilized 9-20 Control construction entrance(s) and temporary diversion swales. Excavate temporary sediment basins (C & D1) and temporary/permanent swales. Dust control will be applied as necessary.
Site Construct Road B from Station 6+50 to its termination at Road Features A, Road A from (±Sta:19+34) to the intersection of Road D (±Sta: 23+86). Construct Road D in its entirety from NYS Route 208 to Road A. Prior to a Certificate of Occupancy for Phase 2 the second entrance to the project from NYS Rte 208 shall be completed.
Roadways shall be cleared and excavated to proposed grade, curb shall be installed and the sub-base, base and first wearing course of asphalt constructed.
Install sidewalks adjacent to constructed portions of Roads A and B.
Water Install 1,475 LF of 10” Ductile Iron Pipe (DIP) water main, 4 fire hydrants and pressure reducing valve.
Sewer Install 1,024 LF of 8” gravity sewer main and 3 sewer manhole.
Drainage Install 1,795 LF of storm drainage pipes, 15 catch basins, 1 yard drain and 4 drainage manholes. Towards the completion of Phase 2, remove the collected sediment and finalize the construction of Pond C & D1.
Buildings Construct townhouse units 71-86 & 121-142. Plant landscaping and lawns.
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Phase 3 (September 2012 – January 2014): Approximately 17 months This phase involves the construction of the portions of Road A from its intersection with Road B to a point just uphill of its intersection with Road C. This phase will also consist of the construction of 46 additional townhouse units. All driveways, curbs, sidewalks, retaining walls, water, sewer, drainage facilities and utilities to serve these townhouse units will also be installed during Phase 3. Construction of the homes is anticipated to begin around January 2013.
Table 2.5.2C - Phase 3 Schedule Months Erosion Locate limits of disturbance. Install silt fence, stabilized 18-34 Control construction entrance(s) and temporary diversion swales. Dust control will be applied as necessary.
Site Construct Road A from Station 7+25 to Station 10+38 and from Features Station 16+50 to Station 19+34. Construct Road C in its entirety.
Roadways shall be cleared and excavated to proposed grade, curb shall be installed and the sub-base, base and first wearing course of asphalt constructed.
Install sidewalks adjacent to constructed portions of Roads A and C.
Water Install 1,383 LF of 8” Ductile Iron Pipe (DIP) water main, 4 fire hydrants.
Sewer Install 726 LF of 8” gravity sewer main and 4 sewer manholes.
Drainage Install 1,523 LF of storm drainage pipes, 14 catch basins, 2 yard drains and 2 drainage manholes.
Buildings Construct townhouse units 25-70. Plant landscaping and lawns.
Recreation Install playgrounds and sports court.
Phase 4 (September 2013 – April 2014): Approximately 8 months This phase involves the construction of Road A completing the connection from the beginning and end of Road C and also the construction of Road E. This phase will
THE OVERLOOK AT KIDD FARM 2-47 Engineering Properties, PC also consist of the construction of 24 additional townhouse units. All driveways, curbs, sidewalks, retaining walls, water, sewer, drainage facilities and utilities to serve these townhouse units will also be installed during Phase 4. Construction of the homes is anticipated to begin around February 2014.
Table 2.5.2D - Phase 4 Schedule Months Erosion Locate limits of disturbance. Install silt fence, stabilized 30-37 Control construction entrance(s) and temporary diversion swales. Dust control will be applied as necessary.
Site Construct Road A from Station 10+38 to 16+50. Construct Features Road E in its entirety.
Roadways shall be cleared and excavated to proposed grade, curb shall be installed and the sub-base, base and first wearing course of asphalt constructed.
Install sidewalks & gazebo adjacent to constructed portions of Roads A and E.
Water Install 863 LF of 8” Ductile Iron Pipe (DIP) water main, 2 fire hydrants.
Sewer Install 354 LF of 8” gravity sewer main and 4 sewer manholes.
Drainage Install 523 LF of storm drainage pipes, 6 catch basins and 2 yard drains.
Buildings Construct townhouse units 1-24. Plant landscaping and lawns.
Phase 5 (February 2014 – September 2015): Approximately 20 months This phase involves the completion of the Road A cul-de-sac and construction of the emergency access road. This phase will also consist of the construction of 68 additional townhouse units. All driveways, curbs, sidewalks, retaining walls, water, sewer, drainage facilities and utilities to serve these townhouse units will also be installed during Phase 5. Construction of the homes is anticipated to begin around May 2014.
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Table 2.5.2E - Phase 5 Schedule Months Erosion Locate limits of disturbance. Install silt fence, stabilized 35-54 Control construction entrance(s) and temporary diversion swales. Dust control will be applied as necessary.
Site Construct Road A from Station 23+86 through the cul-de-sac. Features Construct the emergency access to Coldenham Road.
Roadways shall be cleared and excavated to proposed grade, curb shall be installed and the sub-base, base and first wearing course of asphalt constructed.
Install sidewalks adjacent to constructed portions of Roads A.
Water Install 1,012 LF of 8” Ductile Iron Pipe (DIP) water main, 3 fire hydrants.
Sewer Install 1,227 LF of 8” gravity sewer main and 10 sewer manholes.
Drainage Install 793 LF of storm drainage pipes, 8 catch basins and 1 drainage manhole.
Buildings Construct townhouse units 143-204. Plant landscaping and lawns.
2.5.3 Construction Equipment and Staging Areas
As previously stated, the project will utilize a construction trailer which will be located in the clubhouse area during the first phase. The trailer will be relocated during Phase two to the area of units 147-150. The trailer will remain at this location for the duration of the project. Construction staging will be located in the area of the clubhouse parking lot for Phase 1 and upon the change of construction vehicular access to NYS Route 208, the staging area will be relocated near units 147-150.
2.5.4 Construction Access and Traffic
As indicated above, construction access will commence from Coldenham Road until the completion of Phase 2 at which time construction traffic will utilize the NYS Route 208 entrance. Construction traffic will consist of construction workers’ personal vehicles and large trucks and tractor trailers delivering equipment and materials to facilitate the construction of the site. This increase in traffic is temporary in nature and
THE OVERLOOK AT KIDD FARM 2-49 Engineering Properties, PC will last the duration of the construction period. (See Section 3.8 for more information on construction related traffic).
2.5.5 Construction Noise
Noise will be generated by the proposed construction and construction related traffic, however, this noise is temporary in nature. It is not anticipated that the project will require blasting and therefore no noise impacts from blasting are anticipated. Should blasting become necessary, it will be done in accordance with all applicable regulations. (See Section 3.12. for more information on construction related noise)
2.5.6 Operation and Maintenance
Individual townhomes will be owned in fee simple and maintenance of the units and associated fee simple lots will be the responsibility of the homeowner. The proposed roads and right of ways, drainage pipes, stormwater facilities, open space, clubhouse and recreational facilities will be owned and maintained by a Townhouse Association established for such purposes and formed pursuant to the requirements of the Attorney General’s Office.
2.5.7 Temporary Sales Office
The project will have a temporary sales office located within the construction trailer during the first phase. Upon completion of the clubhouse, the permanent sales office will be located therein. It is anticipated that there will be advertising regarding the availability of townhouse units for sale through the use of the internet, mailings and signage postings. All signage posting shall be in conformance with the sign regulations Sections 148-33 through 148-39 of the Village of Walden Zoning Code.
2.6 Involved Agencies, Permits and Approvals Required
The following is a list of agencies and the required permits or approvals that must be obtained for the Overlook at Kidd Farm. All permits and approvals are pending.
2.6.1 Local
A. Cluster Approval – Planning Board
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B. Site Plan Approval – Planning Board
C. Subdivision Approval – Planning Board
D. Architectural Review – Planning Board
E. Amendment of Village Code Section 148-56.1(B)(2) – Village Board, if Alternative Site Plan is chosen as Preferred Plan
F. Utility Permits – Commissioner of Public Works, Village of Walden
G. Building Permits and Certificates of Occupancy – Village Building Inspector
H. Stormwater Pollution Prevention Plan – Village Planning Board Engineer
2.6.2 Regional – Orange County
A. Access/UtilityPermit – Orange County Department of Public Works B. Realty Subdivision – Orange County Department of Health C. Water Main Extension – Orange County Department of Health D. GML 239m, n – Orange County Planning Board
2.6.3 State
A. Sewer Main Extension - New York State Department of Environmental Conservation.
B. Highway Work Permit - New York State Department of Transportation
C. General SPDES Permit (Stormwater) - New York State Department of Environmental Conservation
D. Historic, Cultural and Archeological Review – New York State Office of Parks, Recreation and Historic Preservation
2.6.4 Federal
A. Wetlands Jurisdictional Determination - Army Corps of Engineers
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2.7 Interested Parties
The following is a listing of all agencies, persons and groups who have expressed an interest in reviewing the DEIS in order to provide comments: • Village Board, Village of Walden.
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3.0 Environmental Setting, Potential Impacts and Proposed Mitigation Measures
3.1 Land Use, Zoning and Public Policy
EXISTING CONDITIONS Historically, the property was known as the Hermann Kidd farm and the land was used for agricultural purposes by its owners until 1966. Thereafter, the farm was leased annually to various neighborhood farmers who would grow either corn, hay and/or alfalfa crops that were utilized in connection with their larger nearby dairy operations. In the last five years, there have been no opportunities to lease the property to farmers in the region and accordingly, the site is now vacant land. Within ½ mile of the project there are a mix of uses including single family residential, light industrial/office and vacant land/open space. The community character is very typical of established villages – it is a working class, well kept, older mixed use neighborhood. The residential portion consists of primarily older homes on smaller lots (1/2 acre and under) in a compact development pattern. The office/light industrial uses are on larger lots with substantial parking areas. The neighborhood hosts a deli and “ladies tea room”. The Village’s Comp Plan describes the area as a transitional zone - from the more rural uses in the Town of Montgomery to the Office/Light Industrial and residential uses in the Village. The Village of Walden’s Comprehensive Plan (2005) recommends that the RM-1 zoning on Coldenham Road be rezoned to RM-Townhouses in order to provide for a logical transition between the Office/Light Industrial (O/LI) zoned land and the residential portion of the Village. (Comp. Plan, Chapter 2, p. 10). The Village Board acted on this recommendation and the proposed project site now lies within three zoning districts: R-3, which allows for development of one family residential units on 12,000 square foot lots (with sewer and water); TH, which allows for the development of townhouse units on a common lot of no less than 2 acres and each townhouse must sit on an individual lot of at least 2,000 square feet (with sewer and water). The TH zone also allows single family homes on 5,000 square foot lots as a permitted use pursuant to the R-6 district regulations and O-LI, which allows for office and light industrial uses on 40,000 square foot lots (with sewer and water).
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Under the current zoning code, the density for the two districts (TH, R-3) which are proposed for development are calculated as follows: TH DISTRICT: • Lot Area of Parcel within District: 28.10 acres = 1,224,001 SF (Required minimum lot size is 2 acres) • Deductions: the lot area proposed for the existing single family dwelling was deducted – 17,795 SF (Required minimum lot size is 5,000 SF) • Net Area: 1,224,001 SF – 17,795 SF = 1,206,206 SF • Units permitted: minimum SF per dwelling – 4,500; 1,206,206 / 4,500 = 268 units (townhouse units) R-3 DISTRICT: • Lot Area of Parcel within District: 4.575 AC = 199,287 SF (Required minimum lot size within district is 12,000 SF) • Deductions: 20% of the lot area was deducted to allow for proposed Right Of Way - 199,287 * .20 = 39,857 • Net Area: 199,287 – 39,857 = 159,430 SF • Units permitted: minimum SF per dwelling – 12,000 SF; 159,430 / 12,000 = 13 units (single family dwellings) Accordingly, the current zoning would permit 268 townhouse units and 13 single family homes, for a total of 281 residential units. The project sponsor is proposing to develop 204 townhouses and no single family homes (the single family home on the site plan is an existing dwelling which will be subdivided from the larger parcel). This density is 27% less (77 units) than the allowable density. The site plan proposes to locate 175 of the 204 townhouse units on parcels zoned TH. The remaining 29 units are proposed on that part of the property zoned R-3. The project sponsor is proposing this distribution of units in order to create a better designed project that preserves the topography and natural resources of the site to the greatest extent practicable.
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On March 13, 2009, the Village Board of Trustees adopted Local Law I-1 of 2009 which amended the Village Code to authorize the Village Planning Board to modify the provisions of the Zoning Law as they apply to the lands of this project located in the R-3 zone and to approve, at its discretion, a cluster development with no more than 204 townhouse units spread over the residentially zoned portions of the project site. Therefore, in order for the project to proceed as it is currently designed, the Planning Board must approve a “clustered subdivision” to allow the townhouse units to be developed in the R-3 zone. An alternative conventional development plan, without application of the cluster provisions, is discussed in Section 4.2 of this DEIS. Properties adjacent to the project site in the Village of Walden are zoned R-3 to the north and O-LI to the west. Lands to the east and south are in the Town of Montgomery and are zoned R-2A. The zoning ordinance requires development within the TH zone to be a minimum of two acres and each townhouse lot must be a minimum of 2,000 SF. In order to proceed with the development as planned, the applicant must secure subdivision, cluster, site plan and architectural review approval, as well as the following local, regional, state and/or federal approvals and/or permits: Local: • Utility Connection Permits from the Village’s Commissioner of Public Works. These permits are applied for as part of the building permit process after the project receives final approval from the Village Planning Board.
• Building Permits and Certificates of Occupancy from the Village Building Inspector. These permits are applied for after the project receives final approval from the Village Planning Board.
• Village of Walden (MS4) Stormwater Pollution Prevention Plan (SWPPP) Acceptance Form endorsement.
Orange County – Regional: • Highway Access Permit from the Orange County Department of Public Works. This permit is applied for after the project receives preliminary approval from the Village Planning Board.
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• Realty Subdivision from the Orange County Department of Health. This approval is applied for after the project receives preliminary approval from the Village Planning Board. • Water Main Extension from the Orange County Department of Health. This permit is applied for after the project receives preliminary approval from the Village Planning Board. • GML 239m and n review by the Orange County Planning Board. The Orange County Planning Board reviews the site plan and subdivision plat for countywide and/or intermunicipal impacts and makes recommendations regarding same. This review generally begins during the environmental review and the County’s report and recommendations must be submitted at least two days prior to a final vote by the Village of Walden Planning Board. New York State: • Sewer Main Extension from New York State Department of Environmental Conservation. This approval is applied for after the project receives preliminary approval from the Village Planning Board.
• Highway Work Permit from New York State Department of Transportation. This permit is applied for after the project receives final approval from the Village Planning Board.
• General SPDES Permit (Stormwater) - New York State Department of Environmental Conservation, including a waiver allowing permission to disturb more than 5 acres at any one time. This permit is applied for after the project receives final approval from the Village Planning Board. A copy of any waiver granted by NYSDEC or Village of Walden will be provided to both the Planning Board and Building Inspector for their records.
• Historic, Cultural and Archeological Review – New York State Office of Parks, Recreation and Historic Preservation. This approval is obtained prior to earth disturbance on the site.
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Federal:
• Wetlands Jurisdictional Determination from the US Army Corps of Engineers. This determination was received on December 1, 2008.
• Department of the Army Nationwide Permit #29. Coverage under this general permit will be granted upon written notice to the US Army Corps of Engineers prior to filling of the wetland.
In addition to recommending the rezoning of this property to accommodate townhouse development, the Comprehensive Plan also recognizes the need Village-wide to provide for affordable, work-force housing for young families, seniors and others in need (Comp Plan, Chapter 9, p. 11). It encourages the development of a variety of high quality housing types designed to meet the needs of all residents, especially seniors and young families and enhance housing opportunities. This project site is specifically identified in the “recommended policies” section (Sec. 9.4, Housing) to be rezoned and developed as townhouses. The Comp Plan recommends that development be sensitive to the natural environment, preserving the natural and scenic qualities of open lands and protecting the environmentally sensitive areas (Comp Plan, Chapter 9, p. 12). In 2003, Orange County adopted a “Comprehensive Plan – Strategies for Quality Communities, which was updated in 2004 and 2010. The 2010 update of the plan reiterates the need to concentrate development in and around “centers” such as Villages (p. 7) and recommends that growth be directed “Priority Growth Areas” (p. 7). The Village of Walden is designated a “Priority Growth Area” (p. 8) as an historic Village with the capacity to support new development through public infrastructure. The County plan also advocates building “[h]igher density residential development … in the Growth Areas” (p. 39) and “encourage[s] the development of housing of all types that serve different age and income segments of the population.”. (p. 50). The plan indicates that demographic trends in Orange County indicate that while the need for single family homes will decline, “the housing market for empty nesters, townhouses, assisted living … is likely to increase.” (p. 25) The County has also adopted an Open Space Plan (2004) which supplements its Comprehensive Plan. The Open Space Plan focuses on the need and importance of
THE OVERLOOK AT KIDD FARM 3-57 Engineering Properties, PC protecting open space and the relationship between protecting open space and a number of other issues including protecting water resources, enhancing recreational opportunities and conserving biological diversity (p. I/II-3). The project site is vacant land and has not been in agricultural production for more than five years. In addition, the site is not part of any Agricultural District. The Village of Walden has 143 acres of public park land and the Village’s Recreation & Parks Department runs park activities and maintains parks and public monuments (Comp Plan p. 8-6). Parkland includes Alfred Place, Bradley Park, James Olley Park and Wooster Grove Park. These parks include a variety of facilities including basketball courts, playgrounds, baseball/softball fields, tennis courts, skateboard bowl, ice skating rink and a youth center, among others. Except for tennis courts and ½ basketball courts, existing parkland and recreational facilities in the Village substantially exceed the Recreational Facility Development Standards set by the National Recreation Association (Comp Plan, Chapter 8, p. 8) Orange County also maintains an extensive network of parks located throughout the County. The park system includes 2,918 acres within 10 parks and provides a variety of facilities and services (Orange County Open Space Plan, 2004, p. IIID-1). The County parks closest to the Village of Walden include Winding Hills Park and Thomas Bull Memorial Park (the largest developed park in the County system) in the Town of Montgomery and Algonquin and Cronomer Hill Parks in the Town of Newburgh. (www.orangecountynyparks.com)
POTENTIAL IMPACTS The development of the project will convert vacant land to developed lands; however, the project will meet the needs of the community, as identified in the Comprehensive Plan and provide additional revenue to the Village as well as various agencies (see Section 3.10 for a discussion of fiscal impacts). The project may have a visual impact on some of the adjacent properties, in particular the residences that share a property boundary along Coldenham Road and the Bruderhoff property. To mitigate these impacts, various measures are proposed including
THE OVERLOOK AT KIDD FARM 3-58 Engineering Properties, PC enhanced landscaping and fencing. (A more complete discussion of these impacts and measures can be found in Section 3.2, Visual Character, below). The project is in accordance with the Village’s zoning and land development regulations, open space requirements and other land use laws and regulations. Specifically, the project complies with these regulations as follows: • Use: allowable uses in the TH zone includes townhouse development. In the R-3 zone, the applicant is requesting the Planning Board approve a cluster design which will allow for the development of the townhouses on that portion of the site. The applicant is not requesting any variances or waivers from the zoning ordinance. • Bulk and Dimensional: The TH District requires the following: o Lot area for each townhome (with sewer and water): REQUIRED: 2,000 SF; PROPOSED: Minimum 2,000 SF o Lot width: REQ: 24 feet and 20 feet for affordables; PROPOSED: 24 feet and 20 feet respectively.2 o Front yard: REQ: 25 feet avg; PROPOSED: +25 feet avg. o Rear yard: REQ: 25 feet; PROPOSED: Minimum 25 feet o Side yard: REQ: min 10/total 30 feet; PROPOSED: Minimum 10/ total 30 feet o Off street parking: REQ: 512; PROPOSED: 512 o Open Space/Maximum Lot Coverage: REQ: Max 30%; PROPOSED: 17.7% o Recreation: Minimum Lot Area for Common Rec. Facility: 20,000SF; PROPOSED: 9.6 acres With regard to other relevant local, County, State and Federal regulations, the applicant has submitted applications to those agencies that will accept processing of the application at this point in the review process; several of the agencies, as indicated in the
lix 2 Alternative Plan #3, located in Section 4 of this DEIS, proposes a narrower lot width to minimize impacts and increase open space. This plan will require action by the Village Board to amend Section 148‐56.1(B)(2) of the Village Code to permit the narrower lot width.
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“Existing Conditions” section, require the application be submitted after the Planning Board has granted Preliminary Approval. In order to obtain these necessary approvals, the applicant must comply with the appropriate agency regulations. The proposed project is in accordance with the goals and objectives of the Village of Walden’s Comprehensive Plan (2005). The project provides for a logical transition between the Office/Light Industrial (O/LI) zoned land and the residential portion of the Village; provides affordable, work-force housing; preserves the natural and scenic qualities of the open lands and protects the environmentally sensitive areas of the site. The project also supports the “housing goal” as identified in the Comp Plan, to encourage a variety of high quality housing types to meet the needs of all residents, especially seniors and young families and enhance housing opportunities. This project site is specifically identified in the “recommended policies” section (Sec. 9.4, Housing) to be rezoned and developed as townhouses. Furthermore, the project advances the Village’s objective of “providing affordable housing opportunities for young families, seniors and others in need” (Comp Plan, Chapter 9, p. 11). Twenty percent (20%) of the units will be restricted as “affordable” pursuant to the provisions of Section 148-56.1 J. of the Village’s zoning ordinance. Finally, the project advances the Comp Plan objective of protecting natural resources (Comp Plan, Chapter 9, p. 12). The site is designed to integrate the development with the contours of the site in order to minimize grading and visual impact. Jurisdictional wetlands (ACOE) are protected to the greatest extent practicable. The proposed project supports the Orange County Comprehensive Plan’s “Strategies and Priorities” and “Recommended Actions” as it will provide higher density development (multi-family) in the Village (a Growth Area) that is designed and priced for moderate income families. Furthermore, 41 of the units will be restricted as “affordable”. The proposed project is consistent with the goals of the Orange County Open Space Plan. By clustering the proposed development, there will be less impervious surface and more undeveloped land, which includes environmentally sensitive features such as wetlands. These environmental features also support a variety of biological resources and provide habitat for common species (see Section 3.3 of this DEIS for a
THE OVERLOOK AT KIDD FARM 3-60 Engineering Properties, PC discussion of Vegetation and Wildlife). The project includes a stormwater management plan and low impact development techniques to reduce stormwater runoff and protect water quality. The recreational amenities proposed at the site will provide for both active and passive recreational opportunities and include a clubhouse, pool, playgrounds, ½ basketball court and gazebo. The common area, which will be maintained by the Townhouse Association, can be used by residents for informal activities such as Frisbee, kicking around a soccer ball or playing catch. The applicant believes that the proposed on site recreational facilities will meet the recreational needs of this community and while it is anticipated that the residents may use local and county parks, given the amenities provided on site, the impact to those public facilities is not anticipated to be significant.
MITIGATION MEASURES The conversion of vacant land to developed land is an unavoidable impact of the project. Mitigation measures to reduce the potential visual impact upon adjacent landowners are discussed in Section 3.2 below.
3.2 Visual Character
EXISTING CONDITIONS The portion of the project site that is proposed for development is vacant, former agricultural land. Approximately 54% the site is woods and 42% successional oldfields. The remaining land is a mix of wetlands, lawn and impervious surfaces. The woods are primarily located in the lower elevations of the site, near NYS Route 208 and the northwest corner of the site, near Coldenham Road. Wind-rows of Black Walnut, Black Cherry, Catalpa and Pin Oak trees border the site. The understory of the wind-rows and wooded areas are comprised of shrubs and evergreens. See Section 3.3 below for more information about the existing vegetation on site. Views into the site from neighboring residential areas vary. The residences which front Coldenham Road and share a property boundary with the proposed project, can
THE OVERLOOK AT KIDD FARM 3-61 Engineering Properties, PC likely view the project site from their rear and side yards, although some views are limited by vegetation. The mature vegetation which borders the majority of the site significantly limits views into the site from other neighboring uses and roadways. Figures F-3.2A1 through F-3.2A6 provide various views into the site. These photos were taken during the summer when vegetation is at its peak. Figure F-3.2A7 identifies the location from which these photos were taken. During the late fall and winter months, views into the site from neighboring land uses and area roadways are still substantially limited by vegetation, but certain areas of the site may be more visible due to the reduction in foliage. See the Potential Impacts below for a more complete discussion of views into the site during these months. There are no views into the site from nearby public parks or public spaces. The site’s topography slopes generally upward from north to south. Slopes are flat to gentle sloping on the northern portion of the site and gentle to moderate on the southern portion. The highest elevation is located in the south eastern portion of the property at 476 feet above mean sea level. The lowest elevation on site is 380 feet above mean sea level along the northern boundary of the site near Coldenham Road. The applicant is proposing to construct 204 townhouse units, a clubhouse and recreational facilities. The proposed project will be accessible from both Coldenham Road and NYS Route 208, however, the residential development is oriented towards the interior portion of the site and not situated along either of these public roadways.
POTENTIAL IMPACTS Pursuant to NYS DEC’s guidelines, the purpose of conducting a visual impact assessment is to determine whether the proposed project will have a significant negative impact on identified local, state or federal aesthetic resources which are located within a given distance of the site. A significant aesthetic impact is defined as one “which may cause a diminishment of the public enjoyment and appreciation of an inventoried resource …” (Assessing and Mitigating Visual Impacts, NYS DEC Guidelines, p. 5, emphasis added). As more fully described in Section 3.11 of this DEIS, there are three National Registered properties within a one mile radius of the project site. Based upon the professional opinion of the applicant’s consultant, it has been determined that there
THE OVERLOOK AT KIDD FARM 3-62 Engineering Properties, PC will be no impact to these historic properties. The nearest Village public parks are roughly one mile from the site and the property is not visible from these locations given the topography of the area, existing off site vegetation and intervening development which includes residential, commercial and light industrial structures. Given the higher elevation of portions of the site, additional photos were taken from the top of Scofield Street and Highland Avenue to determine whether the development might be seen from other areas of the community with higher elevations. Figure F-3.2B1 and B2 includes photos taken from these two locations. Figure F-3.2B3 identifies the locations where the photos were taken. As is indicated by these photos, the site is not visible and/or not discernable from these vantage points. Engineering Properties, PC also conducted a Visual Impact Assessment of the Overlook at Kidd Farm to determine the potential visual impacts of the project on nearby properties and/or to the public in general. The applicant analyzed the potential visual impact of the project from the following six viewpoints which are located as indicated on Figure F-3.2C: Viewpoint #1: The view of the property from the proposed access point on NYS Route 208; Viewpoint #2: The view of the property from north of the proposed access point on NYS Route 208, near Meadowbrook Auto Glass; Viewpoint #3: The view of the property from Coldenham Road, near the existing dwelling located at 97 Coldenham Road. Viewpoint #4: The view of the property from the proposed access point on Coldenham Road. Viewpoint #5: The view of the property from the Van Dam farm (eastern property boundary). Viewpoint #6: The view of the property from the Bruderhoff property (southern property boundary). Figure F-3.2C illustrates the entire site with the proposed building layout and identifies the six viewpoints that were the subject of the viewshed analysis. To assist in evaluating the potential visual impact of the project, a pole approximately 30 feet high was erected on November 4, 2009 at the highest point of the site, indicated on Figure F-
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3.2C. The pole simulated the height of the proposed townhouses that would be located on the highest point of the site. A red banner flag was attached to the pole to make it more visible. All photos were taken with a Canon Powershot S5 IS Digital Camera. The lens was set on 50mm auto focus to match the human eye’s focal view. The photos were taken at between noon and 2 p.m. on November 4, 2009. The weather conditions were clear and dry. In addition, on November 9, 2009, several Planning Board members and their Engineering Consultant conducted a site walk, verifying site conditions, as well as the position and height of the pole used for the visual impact analysis. Viewpoint #1 is depicted in Figure F-3.2D. In this photo, the viewer is looking west into the site from NYS Route 208 at the proposed access point. This area of the site has substantial mature vegetation which will serve as a visual buffer into the project. The flagpole was not visible from this viewpoint. The proposed access will necessarily clear a path through vegetation of approximately 500 feet. The proposed residential development will begin at the end of the access road, approximately 460 feet from the entrance. It is unlikely that persons driving along Route 208, in either a northern or southern direction, will be able to see the residential development from this viewpoint. Viewpoint #2 is depicted in Figure F-3.2E. The viewer is on Route 208 north of the access point, looking southeast. As in Viewpoint #1, the vegetation in this area will buffer any visual impact and it is not expected that the residential development will be visible. The flagpole was not visible from this location. Viewpoint #3 is depicted in Figure F-3.2F. In Photos A & B, the viewer is on Coldenham Road, looking south, down the driveway of the residence located at 97 Coldenham Road. It is apparent that the vegetation behind the existing residences in this area consists mostly of mature deciduous trees and it is likely that some of the proposed residential units may be visible from this viewpoint; however, due to the topography and distance, the flag pole was not visible from this viewpoint. Viewpoint #4 is depicted in Figure F-3.2G. This photo shows the entrance to the site from Coldenham Road. The vegetation near Coldenham Road will be cleared to create the boulevard entrance proposed for the site. It is likely that the clubhouse and
THE OVERLOOK AT KIDD FARM 3-64 Engineering Properties, PC some of the residential units will be visible from this viewpoint. Due to the topography of the site and distance, the flag pole was not visible from this vantage point. Viewpoint #5 is depicted in Figure F-3.2H1. This photo shows the driveway of the Van Damm farm, looking west toward the site. The flag pole was not visible from this location. As can be seen from the aerial photo depicted in Figure F-3.2H2, the area around the residence on the Van Damm farm is well screened and there is substantial vegetation on the property which lies between the farm and the project site. It is very unlikely that the proposed project will be visible from this location. Viewpoint #6 is depicted in Figure F-3.2I. The viewer is on the Bruderhoff property, looking north into the south east corner of the site. There is mature vegetation along this area that will buffer some of the visual impacts; however it is likely that some of the project will be visible from this viewpoint. In addition to the photo analysis described above, Engineering Properties PC prepared four cross sections of the property as depicted in Figure F-3.2J. For each of the cross sections, two diagrams are prepared; the first depicts the existing conditions and the second the proposed conditions. Cross Section 1, Figure F-3.2K, depicts the view from the NYS Route 208 proposed access point up the access road. As indicated above, the closest residential structure will be located approximately 460 feet from the entrance. Given the limited visual window (access drive), the substantial vegetation and distance to the structures from the road, it is unlikely that any of the residential development will be visible from this viewpoint unless the viewer is standing still at the access point looking up the driveway. In that case, the viewer will see the rear of Building 30 and perhaps the top of Building 25. Cross Section 2, Figure F-3.2L, depicts the view just east of the residence at 97 Coldenham Road. The cross-section cuts across the grade, looking south west. Creating the stormwater pond C2 will require the removal of vegetation up to the property line; however, the vegetation in the right-of-way along Coldenham Road will remain. Nonetheless, the stormwater pond, emergency access road and the side of Building 33 will likely be visible.
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Cross Section 3, Figure F-3.2M, depicts the view from the north east property border, looking southwest. Vegetation along the property line will be preserved, however even with proposed supplemental vegetation, (See Mitigation Measures below) the boulevard entrance, Road A, may be visible, along with parts of the clubhouse and potentially the upper part of Building 23. Cross Section 4, Figure F-3.2N depicts the view from the proposed site entrance on Coldenham Road, looking south, southwest. From this viewpoint, the entrance boulevard, side of the clubhouse and the top of Building 22 will be visible. As discussed more fully in Section 2.4 above, the townhome buildings will consist of either “uphill” units or “downhill” units. Figures F-2.4B1 and F-2.4C1 depict the elevations of the proposed housing types. The clubhouse elevation is included in Figure F-2.4D. There are no significant stonewalls on the site, but there are several stone rows. These rows are located along the property line around the residential portion of the project and along the property line between the commercial subdivision and the residential development. With the exception of the construction of the access drive from NYS Route 208 into the site, these stone rows are outside the area of development and will not be disturbed. As more fully described and discussed in Sections 2.4.10 and 3.14 of this DEIS, site lighting will be provided according to local regulations. Street lights will be pole mounted and limited in height to 14 feet. The poles and fixtures will be traditional with downward directed, shielded fixtures. The light fixture type and fixture placement will minimize fugitive light. All lighting that is not full cut off, including pole lighting, will have frosted glass to avoid glare. The project has been designed in accordance with the comprehensive plan and will fit in with the character of the existing neighborhood. The residential dwelling units will be proximate to other residential dwellings in the area and the four lot commercial subdivision will front NYS Route 208, nearby other commercial uses. Accordingly, there is not expected to be any impact to the character of the neighborhood. The layout and density of the proposed project, as indicated in Section 2.4 above, and the impacts discussed above, relies on the Planning Board allowing the project to be
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“clustered”. The clustering of the project permits the Planning Board, at its discretion, to allow for the placement of approximately 30 townhouse units in 5 buildings on 4.575 acres of land in the R-3 zoning district. This parcel, known as SBL 315-5-3.2, comprises the northwest corner of the project site. See Figure F-2.3D above. The clustering provision does not affect the three parcels that are zoned TH or the O-LI parcel but does limit the overall density of the site to no more than 204 townhouse units. In the event that the Planning Board does not allow clustering of the project, the parcel zoned R-3 would need to be developed in accordance with the dimensional and bulk requires of the R-3 zone which would permit 11 single family homes. Developing the R-3 parcel with single family homes, would increase the total number of dwelling units proposed on site to 215 dwelling units (204 townhouse units and 11 single family dwellings). See Figure F-4.2A, which depicts this proposed layout. This “conventional plan” would not only increase the number of total dwelling units, but also the total number of buildings, the total resident population at the site, the number of school children, the impervious surface area and water and sewer usage. It would result in a decrease in the open space. See Section 4.2 of this DEIS for a complete discussion of the impacts of the “conventional” plan. The visual impacts of the conventional plan would be similar to the preferred, clustered plan. The project would still be visible from those locations identified. The only change from the above analysis would be that in Cross-section #2 described above, the viewer would see the stormwater management pond, the front of a townhouse building, and a single family residence.
MITIGATION MEASURES As discussed above, there will be no significant visual impact to any local, state or federal inventoried aesthetic resources. The photos further evidence that while much of the site will not be visible from the adjacent roadways and properties, there are a few areas described where the proposed development will be visible. As described above, while existing views of the site may change as it is developed, the project has been designed to be visually appealing, well landscaped and will fit in with the residential character of the area.
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To mitigate potential visual impacts and to ensure that the project fits into the surrounding area, the following mitigation measures are proposed: • The residential units are oriented toward the interior of the site and views of the project from the road will be limited. Well designed buildings, see elevations in Section 2.4 above, earth tone colors and natural construction materials including stone and wood, will be utilized to enhance and complement the overall natural setting and visual character of the project site. • The project has been designed to preserve mature vegetation and buffer areas along the property boundaries to the greatest extent practicable, up to the limits of clearing. • To mitigate potential visual impacts to neighboring residences, supplemental planting and screening, as detailed in Figures F-3.2O and as shown on the Landscape Plan, included in Appendix M of this DEIS, will be used. More specifically, the following measures are proposed. The Bruderhoff property: During the Spring of 2008 the applicant met with leaders of the Bruderhoff community to discuss their concerns and the applicant proposed supplemental plantings which were agreed to by the parties. The locations of these plantings are provided on Figure F- 3.2O along with details regarding the type and diameter of planting material to be utilized. Residences on Coldenham Road: • A 6 foot high privacy fence is proposed along the property border with the four existing residences along Coldenham Road which will serve to significantly reduce the visual impact of the project on these neighbors. In addition, the applicant has preserved the existing row of evergreens between three of these residences and the site.
3.3 Vegetation and Wildlife
A.V. Agovino Associates, LLC (AVAA) conducted a complete environmental and ecological review of the site, which included a request for information from appropriate
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Federal and State agencies regarding the potential for the presence of rare, threatened or endangered species on the site. Several field surveys were conducted between November, 2004 and November, 2006 for the purpose of documenting and inventorying existing vegetation and habitat cover types, plant and wildlife species. The following is a summary of existing conditions, potential impacts, and proposed mitigation measures.
EXISTING CONDITIONS - VEGETATION The evaluation of the site included identification of broad vegetation or habitat cover types as well as specific plant species present. General cover types were first identified by reviewing aerial photographs of the site and vicinity and then investigating the habitats for identification and classification purposes. Cover types were identified, classified and approximately mapped. See Figure F-3.3A. Within each cover type, visual examination for herbaceous and woody plant species, or such parts as leaves, twigs, bark, seeds, flowers, fruits or other structures was conducted to identify and document on-site species. The Plot Transect method was employed for the vegetation inventory. In addition, the Opportunistic Encounter and Systematic Area Search Technique discussed in the Community Biodiversity Survey Manual prepared by the National Parks Association of New South Wales was utilized to supplement the inventory. (National Parks Association of New South Wales, 1998) The Nature Conservancy’s Designing Field Studies for Biodiversity Conservation (Feinsinger, 2001), the Hudsonia Ltd. Biodiversity Assessment Manual for the Hudson River Estuary Corridor (Kiviat and Stevens, 2001) and Ecological Census Techniques: A Handbook (Sutherland, 1996) were also utilized. Plants were identified to species level whenever possible. The list of vegetation per community is provided below. The site is composed of four (4) general vegetation communities, early upland oldfields, upland successional forests, forested wetlands and emergent wetlands. Hardwood wind-rows divide the upland oldfields. The term “oldfields” is used to describe lands that were formerly cultivated or grazed but later abandoned. The dominant flora includes grasses and herbaceous plants, with encroaching woody vegetation. It is an intermediate stage found in ecological succession. Old field sites are often marginal
THE OVERLOOK AT KIDD FARM 3-69 Engineering Properties, PC lands with soil quality less suitable for crops or pasture. The communities are discussed below: i. Upland Oldfields: These are located in the southern and southeastern portion of the site. They are characterized by Daucus carota (Queen Annes Lace, NL), Apocynum cannabinum (Common dogbane, FACU), Erigeron sp. (Fleabane, FACU), Setaria viridis (Green Foxtail, NL), Solidago juncea (Early Goldenrod, NL), Allium canadense (Meadow Onion, FACU), Ipomoea hederacea (Ivy-Leaf Morning-Glory, FACU), Andropogon praematurus (Little Blue Stem, NL) and Trifolium repens (White clover, FACU-). Rubus allegheniensis (Blackberry, FACU), Rosa multiflora (Multiflora Rose, FACU) Acer rubrum (Red Maple, FAC), Quercus palustris (Pin Oak, FACW) and Prunus serotina (Black Cherry, FACU) are the shrubby and woody invaders. ii. Successional Forests: The forest is located in the eastern portion and southeastern portion of the site along the Orange Avenue properties. Quercus alba (White Oak, FACU-), Quercus rubra (Northern Red Oak, FACU-) Juglans nigra (Black Walnut, FACU), Morus rubra (Red Mulberry, FACU), Acer platanoides (Norway maple, NL) and Quercus palustris (Pin Oak, FACW) are common in the canopy, with Carya ovata (Shagbark Hickory, FACU-) appearing with less regularity. The sparse understory consists of Cornus florida (Flowering Dogwood, FACU-), Prunus serotina (Black Cherry, FACU) and Juniperus virginiana (Red Cedar, FACU). Herbaceous species include Alliaria petiolata (Garlic mustard, FACU-), Claytonia virginica (Spring Beauty, FACU), Parthenocissus quinquefolia (Virginia Creeper, FACU), Toxicodendron radicans (Poison Ivy, FAC) and Polygonum virginianum (Virginia knotweed, FAC). iii. Forested Wetlands: The wetlands have been mapped and a Jurisdictional Determination received from the U.S. Army Corps of Engineers (USACOE). The forested wetlands are classified as red maple hardwood swamps based upon the New York State Department of Environmental Conservation’s Ecological Communities of New York State. (Edinger, 2002) The wetland areas are dominated by Quercus palustris (Pin Oak, FACW) and Acer rubrum (Red Maple, FAC) trees and saplings, along with occasional Fraxinus pennsylvanica (Green Ash, FACW) and Betula populifolia (Gray Birch, FAC). The shrub layer consists of Viburnum recognitum (Northern Arrowwood, FACW-), Cornus amomum (Silky Dogwood, FACW), Lindera benzoin (Spice-Bush, FACW), Cornus racemosa (Red-Panicle Dogwood, NL), Vaccinium corymbosum (Highbush Blueberry, FACW-) and Lonicera tartarica (Tartarian honeysuckle, NL). The herbaceous layer is dominated by Impatiens capensis (Jewelweed, FACW), Eulalia vimnea (Beardgrass, FAC) and Onoclea sensibilis (Sensitive Fern, FACW).
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iv. Emergent Wetlands: These are located in the northern portion of the site along Coldenham Road and along the northwestern property line. These are generally classified as open mineral soil wetlands, shallow emergent marsh based upon the New York State Department of Environmental Conservation’s Ecological Communities of New York State. (Edinger, 2002) Along Coldenham Road, Lythrum salicaria (Purple Loosestrife, FACW+), Juncus effusus (Soft Rush, FACW+) and Phalaris arundinacea (Reed Canarygrass, FACW+) are dominant, with Phragmites australis (Common Reed, FACW) Solidago rugosa (Rough-stemmed Goldenrod, FAC), Cyperus strigosus (Strawcolored Nutsedge, FACW), Carex vulpinoidea (Fox sedge, OBL), Carex spp. (Sedge, FACW), Polygonum arifolium (Halberd Leaved Tear-Thumb, OBL) and Polygonum sagittatum (Arrow Leaved Tear-Thumb, OBL). Symplocarpus foetidus (Skunk Cabbage, OBL) and Carex stricta (Tussock Sedge, OBL) appearing less frequently. Saplings of Spice-Bush and Pin Oak were also present. Along the northwestern property line, a low-lying area has developed into an emergent wetland with similar species present.
An evaluation of the NYSDEC Natural Heritage Program files was conducted by a data search of the New York State Department of Environmental Conservation (NYSDEC) Natural Heritage Program, a review of the NYSDEC’s GIS web site and site inspections conducted on the site over the past several years. A search of the New York State Department of Environmental Conservation (NYSDEC) Natural Heritage Program conducted in July 2007 revealed no occurrence of any known rare or state-listed animals, plants, significant natural communities or other significant habitats on or in the vicinity of the project site. AVAA supplemented that search with a review of the NYSDEC’s GIS website, conducted on July 8, 2009. The DEC website and GIS mapping indicated that no state-regulated wetlands, rare plants, rare animals or significant natural communities were present on or in the vicinity of the site. The Orange County Comprehensive Plan includes the site in a priority growth area and there is no indication that the area contains any high value open space resources. As indicated above, there are no significant ecological communities on the property. The Natural Heritage Map does not depict the presence of any rare or endangered species or species of special concern on or in the vicinity of the subject site. During AVAA’s eighteen (18) inspections over a five-year period, no indication of any rare or endangered species was observed. AVAA has inspected the site during early and
THE OVERLOOK AT KIDD FARM 3-71 Engineering Properties, PC late hours to coincide with highest anticipated activity of avian, mammalian or herptile species. The disturbed nature of the site and the surrounding area does not generally provide a favored habitat. Following is an inventory of the biological values of the property. The wetland areas are generally of intermediate quality based upon the vegetation and extent of the invasive Purple Loosestrife. For a full description of the wetlands, see Section 3.4 of this DEIS. In general, the emergent wetland area, along Coldenham Road, drains off-site. The remaining on-site wetlands are classified as isolated wetlands by the US Army Corp of Engineers in its Jurisdictional Determination (hereinafter “JD”) issued for the site. The project proposes to disturb only the non-jurisdictional wetlands and therefore the majority of the wetland related vegetative communities will remain intact during and after construction and their connection to other wetland systems in the region will continue undisturbed. The successional oldfields are moderate in value as grassland habitat.
EXISTING CONDITION - WILDLIFE
During AVAA’s site investigations, no critical wildlife habitats were observed. "Critical habitat” is designated for threatened and endangered species by the U.S. Fish and Wildlife Service and defined as "a specific designated area declared essential for the survival of a protected species under authority of the Endangered Species Act." Field surveys for wildlife species were conducted during each site visit on September 23 and December 15, 2004, March 23, April 20, May 11 and 31, June 1, 9 and 21, August 10, September 28 and November 16, 2005, March 22, April 12, and 28, 2006, May 9, 2007, April 30 and May 12, 2008 and July 14, 2009. These surveys included mammals, birds, reptiles and amphibians. Species listed as special concern or threatened and endangered were the subject of special surveys targeted to the specific habitats for those species. Six assessments were conducted during early morning or evening hours to coincide with increased activity. Multiple methodologies were utilized to increase the potential accuracy. Methods for each are described below.
Mammalian species present or potentially present at the site were determined through identification of habitat, opportunistic sightings and search for scat, carcass and
THE OVERLOOK AT KIDD FARM 3-72 Engineering Properties, PC track marks. Sampling routes were established along transects through the property and included all cover types. The routes were walked and species recorded. Mammals identified were included in Table 3.3.2A below.
Similar methodologies were employed to identify the presence and species of birds at the site and all findings were recorded on field data sheets. Strip transects were conducted to record species seen or heard on a specific trail; other opportunistic sitings were also noted, nests were evaluated and a search for other indicators including feathers, droppings and tracks were conducted. Avian species identified as present or potentially present at the site are included in Table 3.2.2A below.
The least mobile species of vertebrates observed belong to the Reptilian and Amphibian families. Herpetological species on the site were searched for by overturning stones, logs and other debris, especially in the areas in and adjacent to the freshwater wetlands. Species were located and identified by site or by sound (for vocal herptiles). species identified as present or potentially present at the site are included in Table 3.2.2A below.
Table 3.3.2A: Wildlife Species Present or Potentially Present on Site
Avian Species Scientific Name Habitat Status1 Indigo Bunting Passerina cyanea Mesophytic forest PB Eastern Phoebe Savornis phoebe Successional forest PB Wood peewee Contopus virens Mesophytic forest PB Black-capped chickadee Poecile atricapillus Mesophytic forest PB Red-breasted nuthatch Sitta canadensis Successional forest PB White-breasted nuthatch Sitta carolinensis Successional forest PB Brown thrasher Orpheus rufus Successional forest PB Starling Sturnus vulgaris Urban/Oldfield Un Mockingbird Orpheus polvglottus Successional forest PB Tufted titmouse Parus bicolor Mesophytic forest PB Wood thrush Hylocichla mustelina Mesophytic forest PB Red tailed hawk Buteo jamaicensis Mesophytic forest PB
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White throated sparrow Zonotrichia albicollis Mesophytic forest PB Blue jay Cvanocitta cristata Successional forest PB-GN Carolina wren Thryothorus Successional forest PB ludovicianus Common crow Corvus brachvrhvncous Successional forest PB-GS American redstart Setophaga ruticilla Successional forest PB American robin Turdus migratorius Mesophytic forest PB Eastern cardinal Cardinalis cardinalis Successional forest PB Red breasted grossbeak Pheucticus Successional forest PB ludovicianus Northern flicker Colaptes auratus Successional forest PB Mourning dove Zenaida macronra Successional forest/edge PB Downey woodpecker Picoides pubscens Mesophytic forest PB Broad winged hawk Buteo platypterus Successional PB forest/oldfield Catbird Dumetella carolinensis Successional forest/edge PB Cedar Waxwing Bombycilla cedrorum Successional forest edge PB Chipping sparrow Spizella passerina Successional PB forest/Oldfield Carolina wren Thryothorus Successional forest/WL PB ludovicianus Marsh wren Cistothorus palustris Shrub/emergent WL PB Least flycatcher Empidonax minimus Successional PB forest/Oldfield Great horned owl Bubo virginianus Successional PB forest/Oldfield Screech owl Megascops asio Successional PB forest/Oldfield Veery Catharsus fuscescens Successional PB forest/Oldfield Red-eyed vireo Vireo olivaceus Successional forest PB
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Dendroica domenica Successional PB Yellow-throated warbler forest/Oldfield Pipilo Successional forest/edge PB Eastern towhee erythrophthalmus Common yellowthroat Geothlypis trichas Successional forest/WL PB Blue-winged warblers Vermivora pinus Successional forest PB
Mammalian Species Scientific Name Habitat Status Whitetail deer Odocoileus virginianus Mesophytic forest GS Red fox Vulpes fulva Successional forest GS Hoary bat Lasiurus cinereus Mesophytic forest Un Raccoon Procyon lotor Mesophytic forest GS Striped skunk Mephitis mephitis Mesophytic forest GS Woodchuck Marmota monax Successional forest Un Eastern chipmunk Tamias striatus Successional forest Un Eastern gray squirrel Sciurus carolinensis Mesophytic forest GS Deer mouse Peromyscus Mesophytic forest Un maniculatus Cottontail rabbit Sylvilagus floridanus Mesophytic forest GS Short tail shrew Blarina brevicauda Mesophytic forest Un Eastern mole Scalopus aquaticus Mesophytic forest Un Opossum Didelphus marsupialis Successional forest GS Little brown bat Myogis lucifugis Successional forest Un White-footed mouse Peromyscus leucopus Successional forest Un
Herptile Species Scientific Name Habitat Status Eastern milk snake Lampropeltis Mesophytic forest GN triangulum Spotted salamander Ambystoma maculatum Successional forest GN Eastern garter snake Thamnophis sirtalis Mesophytic forest GN Spring peeper Pseudacris crucifer Mesophytic forest GS Black ratsnake Elaphe obsoleta Successional forest
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Red-backed salamander Plethodon cinereus Successional forest GN American toad Bufo americanus Successional forest GS Red eft Notophthalmus Mesophytic forest GN viridescens
1 Key to Abbreviations: E: Endangered Species are determined by the New York State Department of Environmental Conservation (DEC) to be in imminent danger of extinction or extirpation in New York State, or are federally listed as endangered. All such species are fully protected under New York State ECL 11-0535. T: Threatened Species are determined by the DEC as likely to become endangered within the foreseeable future in New York State, or are federally listed as threatened. All such species are fully protected under the New York State ECL 11-0535. SC: Special Concern Species are those native species which are not yet recognized as endangered or threatened, but for which documented evidence exists relating to their continued welfare in New York State. Legislation adopted 2 January 2006 gave Protected Wildlife status under ECL 11-0103 to all species listed as Special Concern. Special Concern species may also be protected under other laws. PB: Protected Birds are defined in ECL 11-0103 as all wild birds except those named as unprotected. Some of these birds, such as waterfowl and gallinaceous birds, are also listed as game species with seasons set, while others may not be taken at any time. G: Game species are defined as “big game”, “small game” or “game bird” species in ECL 11-0103. In the checklist, GS indicates that there are seasons set for the species when they may be legally hunted. GN indicates that, while classified under the law as a game species, there are no seasons set and the species may not be hunted or taken at any time in New York. Un: Unprotected means that the species may be taken at any time without limit. However, a license to take may be required. P: Protected Wildlife - species besides birds protected under ECL 11-0103. This now includes all Special Concern (SC) species.
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During AVAA’s site investigations, special attention was given to identifying habitat appropriate for two endangered species which are known to be in the area: Clemmys muhlenbergii (Bog Turtles) and Myotis sodalist (Indiana Bat). Bog Turtles: The US Fish and Wildlife Service (USFWS) has identified the potential for bog turtle within 10 miles of the site. Orange County is located in the extant range of the northern population of the bog turtle. The proposed project is located within the Hudson/Housatonic Recovery Unit as identified in the United States Fish and Wildlife Service (USFWS) Bog Turtle Northern Population Recovery Plan, May, 2001. (USFWS, 2001). AVAA conducted a Phase 1 survey for the presence of bog turtle habitat, during April and May 2008 to determine the presence or probable absence of the species. Surveys can be performed any month of the year (except when significant snow cover is present). This flexibility in conducting Phase 1 surveys allows efforts during the Phase 2 survey window to be spent on wetlands most likely to support bog turtles (i.e., those that meet the criteria below).
Potential bog turtle habitat is recognized by three criteria (not all of which may occur in the same portion of a particular wetland). These are as follows:
1. Suitable hydrology. Bog turtle wetlands are typically spring-fed with shallow surface water or saturated soils present year-round, although in summer the wet areas may be restricted to near spring heads. Typically these wetlands are interspersed with dry and wet pockets. There is often subsurface flow. In addition, shallow rivulets (less than 10 cm deep) or pseudo-rivulets are often present. These attributes were absent in the area of development on this site.
2. Suitable soils. Usually a bottom substrate of soft muck or mucky-like soils is present, although in summers of dry years this may be limited to areas near spring heads. In some portions of the species' range, the soft substrate consists of scattered pockets of peat (6+ inches deep) instead of muck. Suitable soils are the critical criterion. These attributes were absent in the area of development on this site.
THE OVERLOOK AT KIDD FARM 3-77 Engineering Properties, PC
3. Suitable vegetation. Dominant vegetation of low grasses and sedges (emergent wetland), often with a scrub-shrub wetland component is common. These attributes were absent in the area of development on this site.
Suitable hydrology, soils and vegetation are necessary to provide the critical wintering sites (soft muck, peat, burrows, root systems of woody vegetation) and nesting habitats (open areas with tussocky or hummocky vegetation) for this species. One or more of these criteria may be absent from portions of a wetland or wetland complex supporting bog turtles. Absence of one or more criteria does not preclude bog turtle use of these areas to meet important life functions, including foraging, shelter and dispersal.
If these criteria (suitable soils, vegetation and hydrology) are present in the wetland, then the wetland is considered to be potential bog turtle habitat, regardless of whether or not that portion of the wetland occurring within the project boundaries contains all three criteria. If the wetland is determined to be potential habitat and the project will directly or indirectly impact any portion of the wetland, then either completely avoid all direct and indirect effects to the wetland, in consultation with the USFWS and appropriate State wildlife agency, or conduct a Phase II survey to identify or count individuals. (USFWS, 2001) The site was deemed to be unsuitable as bog turtle habitat and therefore, no Phase II survey was indicated. Indiana Bat: Another endangered species that AVAA’s investigations focused on was the potential presence of the Indiana bat (Myotis sodalis) either roosting or as a forager in the woodland habitat present on the site and grasslands nearby. During AVAA’s site inspections over the past five years, no such species were observed. Past consultation with and review by the United States Fish and Wildlife Service (USFWS) concerning the bat indicates that one of the closest large hibernaculums is in Rockaway Township, Morris County, New Jersey, along with one in Ulster County in New York. Pursuant to NYS DEC’s website, in New York, approximately 13,000 Indiana bats are known to exist in 8 of the 120 sites searched to date. Surveys conducted since the early 1980s suggest they are doing fine in this state and may in fact be increasing.
THE OVERLOOK AT KIDD FARM 3-78 Engineering Properties, PC
During the summer, females occupy maternity roosts of up to 100 females in riparian and flood plain forests under the loose bark of dead or dying trees. There are no riparian forests present at the site. The bats have a preference for forests with old growth characteristics, i.e. large trees, scattered canopy gaps, and open understories. The subject site does not generally display old growth characteristics and the understory is generally not open. Suitability of roost trees is determined by its dead or live condition, the amount of loose bark, its location relative to other trees and solar exposure, and its relationship to water and foraging habitat (USFWS). According to the USFWS most recent communication to AVAA, shagbark hickory (Carya ovata) and Robinia pseudoacacia (Black Locust, FACU-) are the preferred roost trees, but other trees having flaking or exfoliating bark are also used, especially members of the white oak group. Snags provide important roosts and are naturally ephemeral. They provide suitable roost characteristics for only a few years, depending on tree species. Individual roosts are only suitable until bark sloughs off or the tree falls. (Kurta, et al. 1993). While similar trees are present on the site, the specimen trees are young, with predominately intact bark. The remaining large shagbark hickories are located in areas with denser understory vegetation, making the presence of the bats less likely. Ideal foraging habitat for the Indiana bat consists of riparian and upland forest with 50-80 percent overstory canopy cover and less than 40 percent of the forest composed of small [5-12 centimeter (2-5”) dbh] trees. Additionally, ideal habitat occurs within 20 meters (65.6”) of permanent water and is within an analysis area with at least 30 percent forested cover. Streams without riparian vegetation do not appear to be suitable foraging habitat. (USDOT, 2001) The site is a possible foraging habitat, by virtue of the age and coverage of the trees present; however, no nearby stream is present. No other water source is within at least ¼ mile, making this less likely to be utilized than other similar sites in the vicinity. Additionally, Indiana bats are known to spend the winter months in secluded caves or mines. As there are no mines or caves on the project site, it is highly unlikely that the species will be affected by proposed activities on this site.
THE OVERLOOK AT KIDD FARM 3-79 Engineering Properties, PC
POTENTIAL IMPACTS The proposed project will remove a total of 29.10 acres of vegetation, much of which is successional southern hardwood forest or upland oldfields. This will result in the loss of trees and other site vegetation and associated wildlife habitat. See Figure F- 3.3A above. As described above, the site does not support known threatened or endangered species or State-listed species of special concern. The site is located within a suburbanized area and proximate to NYS Route 208, with the resultant traffic noises and air emissions. Only species common to suburban areas were identified, and based on the transitional nature of the site vegetation, from former agricultural uses to successional woodlands, only these species are likely to exist on the site. Wetland areas, however, are more diverse and will remain generally undisturbed. There is a potential for soil erosion to impact sensitive resources on site, particularly the wetlands, thereby affecting wildlife and habitat in the wetland areas. See Section 3.4 below for a complete discussion of the potential impacts and mitigation measures relating to soil erosion. In general, as the project site is developed, some species will relocate to similar habitats off-site or to other areas of the site, which remain undisturbed. For example, the on site deer population will continue to use undeveloped portions of the site, but will also expand to adjacent vacant wooded parcels. Avian species that are common to the area will continue to utilize remaining trees as resting and nesting spots. Bird species that prefer denser wooded habitat will continue to utilize the protected wooded areas adjacent to the wetlands, the undisturbed uplands on the site and/or relocate their nests to adjacent parcels. It can be expected that a certain number of grassland species will be displaced by construction; however, the site and particularly the meadows have been periodically mowed over the last five years and accordingly, any species present are accustomed to temporary displacement. The wetland habitats will remain essentially unaltered and no impacts are anticipated to those species.
THE OVERLOOK AT KIDD FARM 3-80 Engineering Properties, PC
As indicated above, AVAA’s data and site investigation did not identify the presence of any endangered, threatened and/or special concern species on or near the site (within 1.5 miles) and therefore no impacts are expected to these species. AVAA analyzed the potential impacts that the development could have on the ecology of the natural system in the area as it relates to wildlife habitat and migration. In the upland area, vegetation will necessarily be removed in order to accomplish construction in the safest, most expedient manner. The major development and disturbance will occur mainly in the present oldfields. Only species common to suburban areas were identified, and based on the transitional nature of the site vegetation, from former agricultural uses to successional woodlands, only these species are likely to exist on the site. Wetland areas are somewhat more diverse. These wetland areas will remain mostly undisturbed, except as noted and detailed in Section 3.4 of this DEIS. Many of the potential wildlife corridors that run along the property’s boundaries and the wetland corridors will remain essentially intact and no significant impact is expected. The wetlands areas in particular are large corridors that will continue to allow movement of wildlife out of the developed area. These, as well as the wind-rows along the property lines, allow connection between Orange Avenue and Coldenham Road to remain. The stormwater detention areas also provide habitat for certain species as well as providing connections to other vegetated areas on site.
MITIGATION MEASURES Several steps will be taken to develop the site in a sensitive manner and to mitigate the potential impacts to the greatest extent practicable. • The site has been designed to work with the contours of the topography and minimize the need for grading, to the greatest extent possible thereby reducing the potential for soil erosion. • Tree and vegetation removal will be limited to the area of disturbance. The preservation of the wooded wetlands avoids impacts to species that are present or will relocate to these areas. Mature trees to be saved will be clearly marked
THE OVERLOOK AT KIDD FARM 3-81 Engineering Properties, PC
to assure their protection. Mature trees will be saved and protected wherever possible by dripline fences and markings. • Stormwater runoff will be managed in accordance with applicable regulations under the supervision of municipal, county, district and state officials and will be required to meet the conditions imposed therein. • A comprehensive soil erosion and sediment control plan will be implemented during construction for the protection of the soils and surface water. See Section 3.4 of this DEIS for a complete discussion of the Erosion and Sediment Control Plan. • Landscaping materials will be utilized that include a mixture of native and ornamental species so that the newly landscaped areas can be used for forage. Trees and shrubs should be selected that provide both food and nesting sites for small mammals (squirrels, rabbits) and avian species.
3.4 Wetlands and Surface Waters
EXISTING CONDITIONS Several studies were conducted to define onsite surface water features. These studies included a review of Federal Emergency Management Association (FEMA) flood plain maps, a NYSDEC Protection of Waters Inquiry, a Wetland Delineation Report prepared by A.V. Agovino Associates, LLC and a Stormwater Pollution Prevention Plan prepared by Engineering Properties, PC. Surface water resources located on the project site include Army Corps of Engineers designated wetlands, natural and manmade drainage ways, and watershed collection areas. Figure F-3.4A depicts the location of surface water features found on the project site. The New York State Department of Environmental Conservation (NYSDEC) Final Freshwater Wetlands Map, included as Figure F-3.4B, does not show any New York State designated wetlands located within or immediately adjacent to the project site nor does the NYSDEC identify any protected streams on or immediately adjacent to the site. The nearest regulated water body is NYSDEC Freshwater Wetland WD-15 which is
THE OVERLOOK AT KIDD FARM 3-82 Engineering Properties, PC located approximately 1,200 feet east of the site. There are no Federal Emergency Management Agency (FEMA) designated flood plains that extend onto the project site as shown on Figure F-3.4C. On-Site Wetlands and Surface Waters: The evaluation for the presence of federally regulated freshwater wetlands at the site was performed using methodologies outlined in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (Federal Interagency Committee for Wetland Delineation 1989). Using this manual a field survey of vegetation, soils, and hydrologic conditions was performed to identify and characterize upland, wetland, and/or other aquatic habitats at the site during September, 2004. AVAA’s best professional judgment was used in this determination. Based on this survey, the wetlands have been mapped and a Jurisdictional Determination received from the Army Corps of Engineers (ACOE) which confirmed that there are a total of ±2.04 acres of jurisdictional federal wetlands and ±2.05 acres of non-jurisdictional or “isolated” wetlands associated with the project site. These wetlands fall within two wetland categories, Forested or Emergent Wetlands. Forested Wetlands: The forested wetlands are classified as red maple hardwood swamps based upon the New York State Department of Environmental Conservation’s Ecological Communities of New York State. (Edinger, 2002) The wetland areas are dominated by Quercus palustris (Pin Oak, FACW) and Acer rubrum (Red Maple, FAC) trees and saplings, along with occasional Fraxinus pennsylvanica (Green Ash, FACW) and Betula populifolia (Gray Birch, FAC). The shrub layer consists of Viburnum recognitum (Northern Arrowwood, FACW-), Cornus amomum (Silky Dogwood, FACW), Lindera benzoin (Spice-Bush, FACW), Cornus racemosa (Red- Panicle Dogwood, NL), Vaccinium corymbosum (Highbush Blueberry, FACW-) and Lonicera tartarica (Tartarian honeysuckle, NL). The herbaceous layer is dominated by Impatiens capensis (Jewelweed, FACW), Eulalia vimnea (Beardgrass, FAC) and Onoclea sensibilis (Sensitive Fern, FACW). Emergent Wetlands: These are located in the northern portion of the site along Coldenham Road and along the northwestern property line. These are generally classified as open mineral soil wetlands, shallow emergent marsh based upon the New York State Department of Environmental Conservation’s Ecological Communities of
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New York State (Edinger, 2002). Along Coldenham Road, Lythrum salicaria (Purple Loosestrife, FACW+), Juncus effusus (Soft Rush, FACW+) and Phalaris arundinacea (Reed Canarygrass, FACW+) are dominant, with Phragmites australis (Common Reed, FACW) Solidago rugosa (Rough-stemmed Goldenrod, FAC), Cyperus strigosus (Strawcolored Nutsedge, FACW), Carex vulpinoidea (Fox sedge, OBL), Carex spp. (Sedge, FACW), Polygonum arifolium (Halberd Leaved Tear-Thumb, OBL) and Polygonum sagittatum (Arrow Leaved Tear-Thumb, OBL). Symplocarpus foetidus (Skunk Cabbage, OBL) and Carex stricta (Tussock Sedge, OBL) appearing less frequently. Saplings of Spice-Bush and Pin Oak were also present. Along the northwestern property line, a low-lying area has developed into an emergent wetland with similar species present. The wetlands as delineated are shown in Figure F-3.4D. The onsite surface water resources are generally of intermediate quality. This characterization of wetland quality is based upon existing vegetation and extent of the invasive plants. The wetland “ACOE-A” located in the northeastern portion of the site is of somewhat higher quality judging from the vegetation community present and the relative absence of invasive species. It was determined to be jurisdictional by the Army Corps of Engineers. The wetlands “ACOE – B, C, & D” located on the northwestern portion of the property could be considered of lesser quality due to being non- jurisdictional (isolated – geographically impounded). The roadside ditch along the northern property boundary of the site retains some standing water during wet seasons; however it dries up during the summer months. The absence of year round water prohibits this site from being a viable habitat for fish. Surface water resources are currently not used for drinking water or fishing. The surface water resources are used for animal habitats, however no critical habitats were observed during any of the site investigations. Off-Site, Down Gradient Wetlands and Surface Waters: Off-site, the nearest regulated water body is NYSDEC Freshwater Wetland WD-15 which is located approximately 1,200 feet east of the site. Stormwater from the project site flows north through roadside ditches and natural drainage features to the Tin Brook which ultimately discharges to the Wallkill River. The eastern portion of the site discharges to roadside
THE OVERLOOK AT KIDD FARM 3-84 Engineering Properties, PC swales along Coldenham Road which flow east approximately 1,200 feet to NYSDEC Wetland WD-15 prior to discharging to the Tin Brook Creek. See Figure F-3.4B. Existing Drainage Conditions: A Stormwater Pollution Prevention Plan (SWPPP) found in Appendix B of this DEIS was prepared to meet NYSDEC technical standards and to satisfy the SPDES General Permit (GP-0-08-001) requirements. The New York State Stormwater Management Design Manual (August 2003 last revised April 2008) includes stormwater best management practices to protect surface waters from impacts associated with stormwater runoff, such as water quality degradation and peak rate increases. The manual sets forth design standards and general specifications for the stormwater practices that are to be included in the Stormwater Pollution Prevention Plan. New York State has issued a new SPDES General Permit (GP -0-10-001) that replaces the 2008 permit. The plan will be updated to meet this new permit once New York State issues the new design manual which is anticipated to be issued in the Fall of 2010. The Stormwater Pollution Prevention Plan identifies five existing watershed drainage areas which include both on and offsite drainage areas that cumulate at five distinct discharge design points. The first design point is located at a culvert crossing under NYS Route 208 along the western property boundary. The second & third design points are low lying areas located along the northwestern boundaries of the site that collect both on-site and off-site runoff and do not have an outlet. The fourth design point is located at the roadside ditch that continues from the property along the southern boundary of Coldenham Road. The last design point is a wide area of sheet flow off the eastern boundary of the property. Table 3.4A identifies each existing drainage area, its acreage, and peak runoff rates at the design points for the 1, 10, and 100 year rainfall events. The existing boundaries of the drainage areas are shown on Figure 3.4E and are further described in the Stormwater Pollution Prevention Plan included as Appendix B of this DEIS.
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Table 3.4A – Existing Watershed Peak Flow Rates Size 1 Year Storm 10 Year Storm 100 Year Storm Watershed (Acres) (cubic feet per (cubic feet per (cubic feet per Designation second) second) second) A 1.92 1.53 4.66 8.11 B 8.74 5.56 18.13 32.33 C 7.78 4.68 16.47 30.04 D 16.44 7.72 30.99 58.83 E 3.15 1.36 6.10 11.91 TOTAL 38.03 - - -
POTENTIAL IMPACTS Direct and Indirect Impacts: The development of the project will result in the disturbance of some of the onsite surface water resources. Approximately 0.07 acres of jurisdictional ACOE wetlands will be disturbed by grading associated with the project. No impervious areas are proposed within the regulated wetlands. As the proposed disturbance is less than 0.1 acre, the ACOE has determined that there is no significant impact to the wetland and Nationwide Permit 29 has been authorized which permits this activity without further mitigation. The wetland disturbance is depicted on the Grading and Drainage Plan as well as the Erosion and Sediment Control Plan included in the full plan set which is located at Appendix M of this DEIS. As no development is currently proposed for the 4 lot commercial subdivision, any wetland impacts and mitigation, if deemed necessary by the Planning Board, pertaining to the commercial development shall be determined during individual lot site plan reviews. Wetland water quality can also be affected by runoff contaminated by pesticides and herbicides applied during landscape maintenance. The maintenance of lawns and landscaping will be the responsibility of the Townhouse Association. If the Association chooses to apply pesticides to these areas, they will be required to comply with State, County and/or local regulations. Appropriately applied pesticides and herbicides should not significantly impact water resources on or off-site.
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Stormwater: The increase in impervious areas, which include buildings, roads and parking areas, have the potential to increase peak stormwater flow rates and to degrade water quality. In the Stormwater Pollution Prevention Plan, the peak flow rates for post development stormwater flows at the five design points have been calculated and are included in Table 3.4B. These flows have been calculated for the 1, 10, and 100 year rainfall events. The proposed watershed boundaries are shown on Figure 3.4F and are further described in the Stormwater Pollution Prevention Plan included in Appendix B of this DEIS.
Table 3.4B – Proposed Watershed Peak Flow Rates Size 1 Year Storm 10 Year Storm 100 Year Storm Watershed (Acres) (cubic feet per (cubic feet per (cubic feet per Designation second) second) second) A 2.03 1.22 4.30 7.84 B 2.44 2.85 7.72 12.84 C 6.14 2.81 10.90 22.74 D 26.84 2.31 30.36 51.44 E 0.48 0.08 0.68 1.46 TOTAL 38.03 - - -
The stormwater facilities will also treat sediment and pollutants from proposed roads by allowing sufficient time for settlement of pollutants. These facilities will be owned and maintained by the Townhouse Association. Regular inspection and maintenance of the proposed ponds is required to ensure their long term function. As all stormwater facilities will be located within lands to be owned by the Association, easements and/or right-of-ways are not required to allow access to the ponds for maintenance. To detain peak stormwater flows and treat stormwater quality three pond areas have been proposed. Pond C2 located behind unit 190, a second pond (Pond D2) located between unit 174 and Coldenham Road and third pond (Pond D3) located between the
THE OVERLOOK AT KIDD FARM 3-87 Engineering Properties, PC club house and Coldenham Road. These ponds can detain up to 1.4 acre-feet, 2.4 acre- feet and 2.3 acre feet of water above the permanent pool elevation, respectively. To ensure treatment of post construction sedimentation and pollutant loading resulting from construction of new roads, buildings and landscape areas, the stormwater managements ponds have been designed to treat the necessary “Water Quality Volume (WQv)” as defined by the NYSDEC. Each of the proposed ponds provide storage of the required WQv ensuring that post-development pollutant loading requirements have been meet. In minimizing the impact to regulated wetlands, no impervious areas will be located within regulated wetlands. Although this potential impact has been avoided, the potential exists for thermal impacts to the onsite regulated wetland. To minimize the potential for thermal impacts to wetlands, the site has been designed so that the proposed ponds do not discharge directly to the headwaters of the wetland. Only one pond, Pond 2 discharges to the regulated wetland area. This pond has been designed with its outlet discharging to the roadside ditch at the edge of the wetland allowing for the stormwater discharge to quickly pass through the existing roadside swale and thereby avoiding thermal impacts to the main portion of the regulated wetland. The use of herbicides and pesticides can potentially impact wetlands if applied in close proximity. Planting and maintenance of all landscaping materials will be provided by a private contractor who will be charged with the responsibility of ensuring that all new plantings are thriving and regularly maintained. Fertilizer will only be applied when the winds are negligible and integrated pest management will be utilized to control insects, diseases and weeds. This will include frequent monitoring and spot treatment when necessary using the least toxic method practicable including insecticidal soaps, horticultural oils and biological controls.
MITIGATION Stormwater Pollution Prevention Plan: NYSDEC regulations state that all construction activities involving one acre or more of land disturbance must obtain a SPDES General Permit (GP-0-10-001) for stormwater discharge from construction
THE OVERLOOK AT KIDD FARM 3-88 Engineering Properties, PC activities. To obtain coverage under the General Permit, applicants must prepare a Stormwater Pollution Prevention Plan (SWPPP) and file a Notice of Intent (NOI) with the NYSDEC. The permit requires that post-development peak stormwater flows be maintained at or below pre-development levels and it also includes treatment of the Water Quality Volume (WQv), which is designed to mitigate water quality impacts from proposed roads with stormwater management practices by capturing and treating 90% of the average annual stormwater runoff volume. The SWPPP prepared for the Overlook project utilizes the recommended stormwater management practices and confirms that the project will meet the outlined WQv requirements. This plan was developed using the October 2001 New York State Stormwater Management Design Manual which will be superseded by the June 2010 New York State Stormwater Management Design Manual in February of 2011. As the project will not be constructed by this date an updated SWPPP will be required and shall be submitted for the review and acceptance by the Planning Board prior to final prject approval. Once coverage under the permit is obtained, the permit requires that during the construction period weekly inspections of the erosion and sediment control measures outlined in the plan be performed to ensure that they are correctly installed and functioning properly. In preparation of the SWPPP, it was determined that three (3) on-site stormwater facilities are necessary to mitigate the potential increase in peak stormwater runoff rates from the proposed site improvements. All three facilities are designed as Micropool Extended Detention Ponds (P-1) in accordance with NYSDEC Phase II stormwater guidelines. Based on the use of these ponds, the post development peak stormwater flow rates have been maintained at or below predevelopment levels. Below in Table 3.4C is a summary of the net change for each of the peak flow rates for the five watersheds analyzed.
THE OVERLOOK AT KIDD FARM 3-89 Engineering Properties, PC
Table 3.4C – Net Change in Watershed Peak Flow Rates 1 Year Storm 10 Year Storm 100 Year Storm Watershed (cubic feet per (cubic feet per (cubic feet per Designation second) second) second) A -0.31 -0.36 -0.27 B -2.71 -10.41 -19.49 C -1.87 -5.57 -7.30 D -5.41 -0.63 -7.39 E -1.28 -5.42 -10.45
Stormwater facilities D-2 & D-3 have contributing areas of greater than 10 acres in accordance with the NYSDEC stormwater manual recommendations. Stormwater facility C-2 is proposed to have an initial contributing area of ±3.5 acre at build out of the Overlook at Kidd Farm but it has been designed to manage the stormwater from the build-out of the commercial subdivision as well. Development of this area would bring the total contributing area to approximately ±8 acres. As this is slightly less than the 10 acres minimum recommended, alternative methods such as Pocket Ponds and Sand Filters were considered. Due to the anticipated future contributing drainage area (±8 acres) exceeding the suggested 5 acre maximum, a Pocket Pond design was not chosen. The sand filter was not chosen due to the excessive cost and the fact that the extensive maintenance required of the sand filter make it less likely to be successful. It is the opinion of the professional engineer that the use of a Wet Extended Detention Pond will adequately meet the requirements of the NYSDEC Phase II SPDES permit. The stormwater facilities will be owned and maintained by the Townhouse Association. Regular inspection and maintenance of the proposed stormwater facilities will be performed to ensure their long term water quality affects and peak discharge rate reduction. In addition, all stormwater discharges or stormwater improvements to Coldenham Road or NYS Route 208 will be reviewed by the Orange County Department of Public Works or the New York State Department of Transportation respectively.
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Erosion and Sediment Control Plan: To control the impacts that site development may have to onsite wetlands and downstream surface waters, a detailed Erosion and Sediment Control Plan has been prepared and is included in the full set of plans at Appendix M of this DEIS. This plan incorporates many best management practices to minimize the potential impacts from erosion and sedimentation. Silt fences will be placed down gradient of proposed disturbance areas to protect wetlands and other surface water features. Grassed swales will also be utilized to filter runoff and direct stormwater to stone filter inlets and temporary sediment basins for treatment. Temporary sediment basins will be installed in each proposed stormwater facility. These measures will help to limit potential siltation. To help reduce the amount of erosion, disturbed areas will be stabilized within 7 days of final disturbance in accordance with the typical waiver provisions from the NYSDEC to minimize the presence of bare soil All erosion and sediment control measures have be designed in accordance with the New York State Department of Environmental Conservation’s New York Standards and Specifications for Erosion and Sedimentation Control (April 2005). Even with these protections in place some sediment loading will result from site disturbance during construction. Phasing The site construction will be phased to minimize the amount of site disturbance at any one time. Even with phasing, the areas of disturbance for each phase will exceed 5 acres and a waiver from the NYSDEC will be obtained. Low Impact Development Techniques
To reduce the volume and improve the quality of runoff, a number of low impact development techniques are being incorporated including roof top disconnects, grass swales and reduced impervious area. These measures will be incorporated into the project’s detailed design plans so as to assure that mitigation measures are carried through to construction.
Roof top disconnect is a technique of allowing stormwater from roof leaders to discharge to lawns or other natural areas. This method of stormwater management allows stormwater to flow over these natural areas prior to discharge to the stormwater
THE OVERLOOK AT KIDD FARM 3-91 Engineering Properties, PC collection system allowing water to infiltrate naturally and reduce stormwater volumes. In addition, this technique lengthens the time it takes stormwater to discharge from the site thereby reducing peak flow rates. Grass swales provide similar benefits as they slow stormwater flows, thereby reducing peak runoff rates as well as allowing water to infiltrate, In addition, both techniques provide water quality benefits since the water is allowed to infiltrate through the soil which acts as a natural filter.
Another low impact development technique that is being used is reduced impervious areas. This reduction is achieved by designing the roads to be only 26 feet wide. The typical Village Street is 34 feet wide. Reducing road width achieves a 23.5% reduction in roadway impervious area.
This low impact development approach will be refined in accordance with the pending NYSDEC low impact development design guidelines which are expected to be issued this Fall.
3.5 Geology, Soils and Topography
EXISTING CONDITIONS Based on the Soil Survey of Orange County, the site contains four different types of soils. None of these soils are classified as agricultural soils. The following is a brief description of each soil type present on site:
• The predominant soil series on the site is Pittsfield gravelly loam soils. Pittsfield gravelly loam (PtB & PtC) covers ±20.52 acres (±54.9%) of the site. These deep, well drained, sloping soils were formed in glacial till deposits derived from limestone and schist. This soil is found predominantly on hilltops, ridges and knolls. The slopes range from 3 to 15 percent (PtB 3-8% and PtC 8-15%). The water table is generally deeper than six feet. Permeability of the soil is rapid in the surface layer and moderate to moderately rapid in the substratum.
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• The second most predominant soil on site is Erie gravelly silt loam (ErB). This is a deep and somewhat poorly drained soil with a fragipan (a dense, natural subsurface layer of hard soil with relatively slow permeability to water). This soil covers ±9.35 acres (±25.0%) of the site and has a slope range of 3 to 8 percent on lower hillsides and along shallow drainageways of uplands. The soil is formed in glacial till deposits derived from shale, slate and sandstone. Permeability is moderate in the surface and upper part of the subsoil but slow to very slow in the fragipan and substratum.
• The third most prevalent soil is Alden silt loam (Ab). This soil covers ±6.48 acres (±17.3%) of the project site. This deep soil is poorly drained, nearly level and formed in glacial till deposits derived from sandstone, shale and some limestone. The soil is found in low areas generally with slopes between 0 -3 percent. The water table is at or near the surface for prolonged periods with many areas being “ponded” during the Spring season. Permeability is moderately slow in the subsoil and substratum.
• The remaining soil on the site is Hoosic gravelly sandy loam (HoB). This soil covers ±1.02 acres (±2.8%) of the site and has a slope range of 3 to 8 percent and is found on terraces and undulating areas along the valley floors. This is a deep, somewhat excessively drained soil that is formed in glacial outwash deposits with high contents of sand and gravel. The depth to the water table is generally greater than six feet. Permeability is moderately rapid in the surface, moderately rapid to rapid in the subsoil and very rapid in the substratum.
Table 3.5A below, Site Soils, lists the soil types present on site and relevant acreage. Figure F-3.5A identifies the location of each individual soil type.
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Table 3.5A - Site Soils Erosion Depth to Water Soil Symbol Acres Slope Range Potential Rock Table Pittsfield PtB 11.923%-8% Low >60” >72” Pittsfield PtC 8.608%-15% Low >60” >72” Erie ErB 9.353%-8% Moderate >60” ±12” Alden Ab 6.480%-3% Moderate >60” ±0” Hoosic HoB 1.023%-8% Low >60” >72”
In addition to the soil survey, in October 2009 Engineering Properties, PC (EP) performed a preliminary geotechnical exploration of the site. The exploration included the excavation and observation of 38 test pits extending to depths of 6’-8” to 10’-2”. These test pits were examined for determination of rock, water table and generic soil composition. Figure F-3.5B shows the locations of the observed test pits in relation to the current proposed site layout.
This onsite subsurface exploration found the topsoil layer to generally range from 4 to 12 inches in thickness and to include leaves, twigs and roots in an organic silt soil matrix. Below the topsoil, sandy silt and silty sand with varying quantities of gravel, cobbles, and boulders were encountered. Isolated layers of sandy clay, clayey sand and poorly graded sand were also encountered. The natural soils extend the full depth of the test pit. Rock was only encountered in a limited number of test pits (test pits 33 and 34) at approximately 7.5 feet below grade. Groundwater or groundwater indicators were also only observed in a number of test pits on the western side of the site. These indicators were evident from 1 ½ to 12 feet. The Soil Investigation Report is included in this DEIS as Appendix C.
The project topography slopes general upward from north to south across the site. Slopes are flat to gentle on the northern portion of the site and gentle to moderate on the southern portion of the property. Traveling from Coldenham Road southwest through the site, the elevation gradually increases. The highest elevation on site is located in the south eastern portion of the property at 476 feet above mean sea level. The lowest elevation on site is 96 feet lower at 380 feet above mean sea level along the northern boundary of the site near Coldenham Road. A natural drainage way is located in the
THE OVERLOOK AT KIDD FARM 3-94 Engineering Properties, PC western central portion of the site. This drainage way discharges from southwest to northeast into a regulated wetland area. The slopes to the south of this drainage way vary from 3% to 22% at the top of the knoll at the southeast corner of the property. The slopes to the north gently rise with a range of 0-5% to the northern property line. Figure F-3.5C depicts the different slope ranges on the site and Table 3.5B below itemizes the site area and percentage of the site covered by each slope range.
Table 3.5B - Site Slopes Slope Range Site Area Percent of Site 35.58 95.46% 0 – 15 % 1.54 4.12% 15 – 25 % 0.15 0.41% 25 % +
POTENTIAL IMPACTS The first potential impact is the disturbance of soils due to the physical alteration of topography for the construction of roads, walkways, homes, and utilities. The physical disturbance of existing soils has the potential to increase soil erosion and sedimentation which occurs when soils are disturbed during construction. This potential for erosion can be exacerbated by creating large areas of disturbance, disturbing steep slopes (>25%), disturbing highly erodible soils and poor site management of soils and erosion control techniques.
The total disturbance of the project is estimated to be approximately 29.10 acres. It is estimated that approximately 7 – 10 acres may be disturbed at any one time. The site has been designed to be balanced as the net fill/cut is expected to be approximately equal. Although the site is balanced, the proposed site improvements will result in the need to cut or fill approximately 70,000 cubic yards of earthen material during construction. . This area of disturbance and subsequent movement of soil has the potential for increased erosion.
Construction on the steep slopes can exacerbate the erosion potential unless additional erosion control methods are implemented. Below in Table 3.5C a slope
THE OVERLOOK AT KIDD FARM 3-95 Engineering Properties, PC analysis indicating the area of each slope type on the site and the area of disturbance of each slope type:
Table 3.5C – Slope Disturbance Slope Total Area (Ac) 0%-15% 15%-25% >25% Disturbed Area (Ac) 27.81 1.24 0.05 29.10
The existing slopes within the majority of the site are not severe (less than 25%) and therefore there are no significant impacts to slopes expected; however construction of the site will result in some steep slopes being altered. These slopes occur between the rear of some of the townhouse buildings.
The site is roughly evenly comprised of well drained and poorly drained soils. In several of the test pits that were performed across the project site, there was evidence of a high seasonal water table. The bulk of the poorly drained soils are located on the western portion of the hillside and within low lying areas of the site. The potential for water to enter excavations and building foundations is increased due to the presence of these soils. None of the soils have been rated as severe for the potential for erosion.
In addition to the potential for erosion and sedimentation, there is also the potential for impacts due to the removal of rock from a site. In review of the “Soils Investigation Report” located in Appendix C, rock was not encountered in areas of significant cuts. Due to the absence of shale or bedrock discovered on the majority of the site, the use of blasting or other special rock removal techniques is not expected to be employed to construct the project. If rock is encountered, the contractor will first attempt to remove it by mechanical means. If blasting is necessary, it will be performed in accordance with all applicable requirements.
MITIGATION
While the disturbance of soils is unavoidable, a detailed grading plan has been designed to minimize the amount of earthwork to the greatest extent practicable. The
THE OVERLOOK AT KIDD FARM 3-96 Engineering Properties, PC grading design is shown on the site plans included in the full set of plans located at Appendix M of this DEIS.
All topsoil will be stripped and stockpiled for use later onsite. Cut soils generated by the project will be reused onsite as fill to the greatest extent practicable. It is estimated that there will not be any soil material that will be required to be hauled offsite. Unusable material, if any, will be disposed of in an acceptable manner.
Erosion due to soil disturbance is unavoidable and will be mitigated to the greatest extent possible as shown on the erosion control plans included in the full set of plans located at Appendix M of this DEIS. To reduce the potential for soil erosion, preventative measures will be implemented in conformance with NYSDEC standards. All construction activities will proceed in a manner that is designed to prevent sediment from entering into any wetland, watercourse, water body, and/or conduit carrying water. Proposed measures to be employed during construction include the following:
• Disturbed areas that have established final grade or temporary grade and will be idle for more than 7 days will be stabilized immediately to minimize potential exposure to erosion and sedimentation.
• Storm water runoff from the site will be controlled and treated to remove sediment prior to discharge.
• Existing vegetation will be retained where practical. Following construction, permanent vegetation will be established on all exposed soils.
• Site preparation activities will be designed to minimize the area and duration of soil disturbance.
• Permanent traffic corridors will be established and routes of convenience (“shortcuts”) avoided. Stabilized construction entrances will be installed at the point of entry into the project site and to each independent phase to minimize dust and tracking of material from construction areas.
• Storm drain sediment inlet filters will be constructed at storm drains as required. These measures will be maintained in good condition until the
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final vegetative cover is well established on all disturbed areas upstream of the inlet.
• Drainage ditch stone check dams will be utilized to trap sediments and minimize their release off-site until the site is stabilized. These dams will be constructed within each ditch beginning at its downstream terminus and placed at intervals as required and as depicted in the construction details.
• No erodible materials will be stockpiled within 25 feet of any ditch, stream or other surface water body.
• Removal of healthy trees along the limits of disturbance will be avoided, when possible. No construction materials will be stored and no machinery operated outside the limits of disturbance, as shown on the site plans.
• All slopes of 2:1 or steeper will be stabilized with jute netting and hydro- seed.
• Any washouts will be immediately repaired, reseeded and protected from further erosion.
• All accumulated sediments will be removed and contained in appropriate spoil areas.
• Water will be applied to newly seeded areas as needed until grass cover is established.
• To effectively control wind erosion, water will be applied to all exposed soils as necessary.
All erosion control measures will be inspected in accordance with NYSDEC standards by a qualified professional for the duration of the construction process. Specifically, the site will be inspected every seven (7) days by a qualified inspector and proper logs and reports will be maintained. Proper maintenance of all erosion control items will ensure the optimum operation of these erosion and sediment controls.
Construction on existing steep slopes has been avoided to the greatest extent possible. To minimize impacts from the potential erosion caused by the post construction
THE OVERLOOK AT KIDD FARM 3-98 Engineering Properties, PC steep slope areas, temporary diversion swales will be installed uphill of the sloped areas, in addition slope stabilization matting will be installed to minimize erosion on the slopes and to improve establishment of vegetation.
To help control seasonal high groundwater that may be encountered during grading of the site, dewatering of excavation for structures will be utilized. Any water from these excavations will be directed to an appropriate erosion control structure capable of handing the water discharge (i.e. sediment trap, swale with check dam, etc).
A specific construction phasing plan has been designed to limit the areas of disturbance to that which is necessary to construct the site. Specific details of the phasing plan can be found in Section 2.5 of this DEIS, Construction & Operation.
3.6 Groundwater Resources
EXISTING CONDITIONS Ground water resources on the site, and in the adjacent area, consist of gravel aquifers at or near the ground’s surface and bedrock aquifers. A review of the ground water resource investigation of Orange County prepared by Leggette, Brashears and Graham, Inc. (1995) it appears a small portion of the northwest corner of the site may contain sand and gravel but these sands and gravels are above the groundwater elevation and are therefore most likely not usable for ground water. The bedrock underlying the site is Martinsburg Formation Shale. Martinsburgh Fromation is a dark-gray shale underlying the central and northern region of Orange County. The fractures exhibited in the fine-grained bedrock units of this aquifer are few and mostly closed. The rock exhibits low permeability based on the porosity of the bedrock unit, and secondary permeability caused by the presence of interconnected fractures can be low to moderate. Water is contained in fault zones, fractures, joints, bedding planes, contacts and other secondary openings in the bedrock units. The report does identify a potential fracture running north and south along the western portion of the property (see Figure F-3.6A). Based on this report and our own investigations, ground water sources in the area of the site are limited; only three wells were located within one thousand (1,000) feet of the property on Town of Montgomery tax lots 12-1-30.2, 31.1 and 32 and an additional three wells located just beyond 1,000 feet from the property. The three wells located
THE OVERLOOK AT KIDD FARM 3-99 Engineering Properties, PC within one thousand (1,000) feet of the property are private bedrock wells serving single family residences and a small real estate office (see Figure F-3.6A) located southeast of the property. Just beyond one thousand feet from the property in this same general location is an additional bedrock well located at the church on tax lot12-1-33.1. Two other wells that are just over 1,000 feet away are located west of the site by. The one well located on Town of Montgomery tax lot 14-1-48 is a bedrock well that serves a private residence while the well between tax lots 14-1-47.2 and 14-1-128 is a gravel well that serves the residence and farm located on those properties. There are no existing wells on the project site.
POTENTIAL IMPACTS The site has not been identified as a groundwater recharge area or principal or sole source aquifer for any private or community water supply. It is therefore not expected that there will be any significant impact to ground water resources in the area. The project will be connected to the Village water supply for potable water and fire protection but a well is proposed to irrigate certain planting areas during low rainfall periods. This well has been shown on Figure F-3.6A Irrigation is only envisioned to be provided at the clubhouse and for the two model buildings which will be located directly above the clubhouse. This area will contain approximately one acre of lawn/landscape area. Based on estimated watering rates, approximately 3,000 gallons per day or just over 2 gallons per minute would be needed to irrigate this area in the driest periods. With this low demand and considering the significant distance to the nearest well (over 1,300 feet away) there is not expected to be any impact to abutting wells. The maintenance of lawns and landscaping will be the responsibility of the Townhouse Association and will be maintained through a contract with a private landscaping company. The company will be require to use best management practices in maintaining the lawns and landscaping and utilize integrated pest management to control insects, diseases and weeds. This will include frequent monitoring and spot treatment when necessary using the least toxic method practicable including insecticidal soaps, horticultural oils and biological controls. If the contractor decides that the use of pesticides is necessary, they will be required to comply with State, County and/or local
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regulations. Appropriately applied pesticides and herbicides should not significantly impact water resources on or off-site.
MITIGATION Based on the foregoing analysis, the proposed project is not anticipated to have a significant impact on groundwater resources. If a neighboring well is impacted by the use of the onsite irrigation well the applicant will either discontinue use of the well or mitigate the impact.
3.7 Water and Sewer Service
EXISTING CONDITIONS WATER: The Village of Walden currently provides water to its residences and businesses through a single village wide water system. The Village’s system is supplied with water from four wells owned by the Village of Walden.The total water capacity from these wells is 1.39 million gallons per day (MGD). This finished water then enters the distribution system which contains 1.868 mgd of finished water storage capacity. This capacity is provided in 4 water storage tanks. According to the Village records for 2008, the Village water system had an average daily water demand of approximately 0.66 MGD with a maximum daily demand of 0.86 MGD. Based on the system demand and capacity information provided by the Village, the water system has an additional capacity of 0.730 MGD under average day conditions and 0.53 MGD under maximum day conditions. Operation and maintenance of the water system is performed by the Village of Walden Water Department which consists of three operation and maintenance personnel.
To determine fire flow conditions, hydrant testing in the vicinity of the site was performed on October 14, 2008 and witnessed by the Village of Walden Engineer. Based on these tests, normal operating pressure was 40 PSI at the pressure hydrant with an adjacent ground elevation of 405± feet (for the actual results see the Engineer’s Report and Specifications for the Water System in Appendix D). Flow at the test hydrant yielded an available fire flow of 1,030 gallons per minute (gpm) with a residual pressure of 35 PSI measured at the pressure hydrant.
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SEWER: The project site is located within the service area of the Village of Walden Wastewater Treatment Plant (VWWTP) located along the Wallkill River, approximately 1.25 miles north of the site. The plant is operated by the Village of Walden and has a full design capacity of 1.2 MGD and is currently treating an average of 1.07 MGD, based on the thirteen months of record from September 2009 through September 2010. Based in this data, the plant has an excess capacity of 0.13 MGD or 130,000 gallons per day. It should be noted that due to ongoing State Pollutant Discharge Elimination System violations, the Village of Walden is currently under a NYSDEC “consent order” requiring the Village to investigate, design and implement improvements to the treatment plant and Village sewage collection system. Based on this “order”, improvements to the plant and collections system necessary to bring the plant into compliance are to be completed by January 31, 2013. Of primary concern appears to be reducing the infiltration and inflow (I/I) of surface water and ground water into the collection system.
At the site, sewage is collected via an 8 inch gravity sewer main located in Coldenham Road which continues along Edmunds Lane and then discharges into the Edmunds Lane pump station. Sewage is then pumped back up Edmunds Lane via a 6 inch force main to the gravity collection system along Sherman Avenue. The Village has raised concerns regarding the capacity of the Edmunds Lane pump station and its ability to pump the additional wastewater flows. Based on the pump station design plans and flow data provided by the Village, an analysis of the pump station has been performed to determine the pump station’s capacity and the current peak flows to the station. Based on this information the pump station is capable of pumping 175 gallons per minute of wastewater and is currently pumping peak hourly flows of 174,762 gallons per day or 121.4 gallons per minute. Operation and maintenance of the sewer system is performed by the Village of Walden Sewer Department which consists of two operation and maintenance personnel and a private consulting firm operating the Village sewer treatment plant.
Other options for water and sewer service to the site would be the construction of an onsite sewer treatment plant and water system. As the property is located within the
THE OVERLOOK AT KIDD FARM 3-102 Engineering Properties, PC
Village incorporated boundary it is required to connect to the Village’s water and sewer systems.
POTENTIAL IMPACTS
Water: To service the proposed project, the project sponsor is proposing to install an onsite water system. Figure F-3.7A, Overall Water System depicts the proposed layout of the onsite water system. The system will consist of approximately 3,027 linear feet of 10” diameter and 3,258 linear feet (l.f.) of 8” diameter class 52 cement lined ductile iron water main to service the project. The new water main will create a looped connection between the existing 10” water main in NYS Route 208, and the existing 10” water main in Coldenham Road within the Village of Walden. This system will be constructed by the applicant to the Village of Walden’s specifications with meters and then offered for dedication to the Village. Upon acceptance of the dedication, the Village will be responsible for operation and maintenance of the onsite water system. This water system will provide the water necessary to service the project’s potable water and fire protection needs. It should be noted that to provide this connection within the existing pressure zone at the Village system, domestic pressures at the highest point of that system (lower pressure zone) will be approximately 30 psi do not meet the recommended 35 psi minimum pressure. The Village of Walden and the Orange County Health Department will be required to approve the 10” main. The proposed potable water demand for this project has been calculated to be 51,100 gallons per day or 0.0511 MGD. Based on an available capacity of 0.730 MGD the Village has sufficient capacity to service the project. While sufficient capacity exists within the Village water system, the Village’s water pressure is insufficient to meet the domestic water needs of the project. Based on New York State Department of Health standards, a minimum pressure of 35 pounds per square inch (PSI) must be maintained in all portions of the system during normal operating conditions. Based on an analysis of the proposed site’s water system and existing system pressures, the 35 PSI minimum cannot be maintained and a booster pump system will be required. The needed fire flow for the project has also been calculated in the Engineers’ Report and has been established as 1,250 gallons per minute. It is a New York State
THE OVERLOOK AT KIDD FARM 3-103 Engineering Properties, PC
Department of Health standard that a minimum of 20 PSI of pressure be maintained in all parts of the system under fire flow conditions. As water system pressures would be below 20 PSI under normal flow conditions the minimum fire flow criteria also cannot be met and a booster pump station will be required. Sewer: The project will increase sanitary sewer by an average of 51,100 gallons per day or 0.0511 MGD. Based on an available capacity of 0.13 MGD, and the proposed upgrades required under the NYSDEC “consent order” it appears, the Village of Walden wastewater treatment plant should have sufficient capacity to service the project. However, at the time each phase of the development is submitted for the Planning Board’s approval, the applicant shall review the WWTP’s capacity to verify it’s adequacy to service the next phase to be developed, taking into consideration the plans of the Village to improve capacity by I & I improvements or expansion. The allocation to the Overlook At Kidd Farm of sewage treatment capacity is 51,100 gallons which will be allocated to the project as part of SEQRA findings and terms of approval.
The applicant is proposing to install a sewer collection system to service the project. Waste water from the project will be collected in a proposed sewer main network that will consist of 30 sanitary manholes and approximately 4,449 linear feet of 8 inch PVC SDR-35 gravity sewer main. The onsite sewer collection system will discharge to an offsite 8 inch main in the Coldenham Road right of way that will transport wastewater to the Coldenham Road pump station and eventually the Village of Walden sewer treatment plant. An overall sewer system plan is depicted in Figure 3.7B. This system will be constructed by the applicant to the Village of Walden and NYSDEC Specifications and then offered for dedication to the Village. Upon acceptance of the dedication the Village will be responsible for operation and maintenance of the onsite sewer system. For more information on the proposed sewer system, see Appendix E of this DEIS which contains the Engineer’s Report for the Sewer Main Extension.
Based the analysis of the Edmunds Lane Pump station’s peak hour usage, the pump station has an available capacity of 78 gallons per minute. Based on this peaking factor for the existing flows to this pump station, the average daily flow available is 37,440 gallons per day. As the proposed project will generate wastewater demands of
THE OVERLOOK AT KIDD FARM 3-104 Engineering Properties, PC approximately 51,100 gallons per day, the pump station capacity will be exceeded and the pump station will need to be upgraded.
As indicated above, the Village’s sewer plant has sufficient capacity to handle the proposed flow. The applicant is not proposing an onsite pump station.
MITIGATION MEASURES
Water: Due to the existing low water system pressure, a proposed booster pump station will be required to provide the minimum domestic pressure (35 PSI) at the system’s highest point, as well as provide the required flow for fire protection (1,250 GPM) throughout the project site while maintaining a minimum residual pressure of 20 PSI. The proposed booster pump station will be designed to provide a minimum of 45 PSI at the highest point, Road E near townhouse units 5 through 8, within the project site. The booster pump station will be located along the proposed entry road from Coldenham Road, opposite the proposed mail kiosk location. The booster pump station will be enclosed in a building which will be screened by landscaping. All new water mains shall be designed and constructed in accordance with the Village of Walden and Orange County Health Department requirements. All improvements will be constructed within the existing road right of ways or on proposed road right of ways and/or easements currently controlled by the applicant. All proposed improvements will be owned and maintained by the Village of Walden through an easement granted to the Village by the Project Sponsor. Water will be conserved through the installation of water saving fixtures and appliances including water efficient showerheads and other home plumbing fixtures, dishwashers and washing machines. Native species and other water efficient plants will be utilized in landscaping to reduce the need for irrigation. Sewer: The Overlook at Kidd Farm will generate a need to treat 51,100 gpd of sanitary sewage. The Village of Walden Wastewater Treatment Plant has capacity sufficient to provide sanitary sewer service to the site. The use of the water conservation devices and methods discussed above will decrease the effluent flow to the Village’s sewage treatment plant.
THE OVERLOOK AT KIDD FARM 3-105 Engineering Properties, PC
The Edmunds Lane pump station has capacity to pump only 20,311 gallons per day of the 51,100 gallons per day of wastewater to be generated by the project. The pump station will therefore need to be upgraded. Based on the available capacity the construction of 90 units could be completed, prior to the pump station being upgraded. The project sponsor will complete the necessary engineering and obtain the necessary permits as its “fair share” contribution towards this upgrade. Based on the available capacity it is recommended that the pump station be upgraded prior to the issuance of the first building permit. in phase 3 which would be prior to the 73rd unit being constructed.
Ownership: It is proposed that the water and sewer systems will be dedicated to the Village of Walden for future operation and maintenance. It is envisioned that dedication would be performed at the completion of each phase of development. All necessary maintenance bonds and dedication documents will be provided to the Village at that time.
As an alternative, the system would be privately owned and operated by the Townhouse Association. This alternative would permit the applicant to install alternative water system piping materials such as PVC pipe watermain and a “package” water system pump station rather than the ductile iron pipe and Village standard water pump station. These would be significantly cheaper for the Applicant but would be more difficult for the Village to operate and maintain if the Village took over the systems or if an emergency occurred that the Townhouse Association could not respond to. In addition, this alternative requires operation maintenance by the Townhouse Association. As the association is not likely to have qualified individuals on staff to perform this work, it would be contracted to a private firm to perform.
3.8 Traffic
John Collins Engineers, P.C. completed a Traffic Impact Study for the project, a copy of which is included in Appendix F of this DEIS. The study evaluated existing traffic conditions and the potential traffic impact of the Overlook at Kidd Farm. EXISTING CONDITIONS The surrounding road network includes NYS Route 208, NYS Route 52, Coldenham Road and Edmunds Lane.
THE OVERLOOK AT KIDD FARM 3-106 Engineering Properties, PC
NYS Route 208 (Orange Avenue) is a two lane state highway which runs in a north/south direction through Orange County. The roadway intersects with NYS Route 17K at a signalized intersection approximately 1.5 miles south of the site. This intersection has recently been upgraded to include turning lanes and new signalization. North of this intersection, the roadway has a speed limit of 55 mph which changes to 45 mph and then to 30 mph in the Village of Walden. The roadway consists of one lane per direction in the immediate vicinity of the site and on-street parking is permitted in some sections in the Village. Based on traffic counts performed during May 2009 the percentage of heavy vehicles (vehicles classified buses or larger) using NYS Route 208 in the vicinity of the site was approximately 8% of the total traffic volume. NYS Route 52 (Main Street) is a two lane state highway which runs in an east/west direction through Orange County. Speed limits range from 30 mph in the Village of Walden to 55 mph in the Town of Montgomery. The roadway intersects with various roadways including East Avenue and NYS Route 208 in the vicinity of the site. Coldenham Road (C.R. 75) originates at a signalized intersection with NYS Route 17K, continues as a two lane roadway in a northerly direction with varying speed limits ranging from 40 to 55 mph in the Town of Montgomery. This roadway intersects with various other roadways including Berea Road and Edmunds Lane. The speed limit changes to 30 mph as you enter the Village and has a 15 mph warning speed further north of Edmunds Lane. It terminates at a “stop” sign controlled intersection with NYS Route 208 (Orange Avenue) northwest of the site. In the immediate vicinity of the site, the roadway consists of one lane per direction. Based on traffic counts performed during May 2009 the percent heavy vehicles using Coldenham Road in the vicinity of the site was approximately 8% of the total traffic volume. On-street parking is not permitted on Coldenham Road in the vicinity of the site. Edmunds Lane is a two lane roadway which originates at a “stop” sign controlled “T” intersection with Coldenham Road. The roadway continues in a northerly direction and terminates at an intersection with Sherman Avenue. The roadway has a 5 ton weight limit and a 25 mph posted speed limit. Traffic conditions at the following intersections were evaluated: • Route 208 and Coldenham Road
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• Route 208 and Old Orange Avenue • Coldenham Road and Edmunds Lane • Route 208 and Route 52 intersections • Route 52 and East Avenue Figure 3.8A shows the studied intersections and their location in relation to the project site. The Traffic Impact Study examined the listed intersections and monitored their functionality. The turning movement traffic counts for these intersections were collected on a fifteen minute basis between the hours of 6:45AM and 9:30 AM and between 3:30PM and 6:15PM on May 6 and 7, 2009. Previous data had also been collected for these intersections on December 11 and 12, 2007. Automatic Traffic Recorder (ATR) counts were also collected between May 6 and May 14, 2009 on NYS Route 52, NYS Route 208 and on Coldenham Road. Based upon the results of the traffic counts, the peak hours were determined to occur generally as follow: Weekday Peak AM Highway Hour 7:30 AM to 8:30 AM Weekday Peak PM Highway Hour 4:30 PM to 5:30 PM Figures F-3.8B and F-3.8C depict the Existing Traffic volumes for the AM and PM peak hours, respectively. Available accident data for the latest three year period (2005 – 2008) for the area roadways were obtained from the NYS DOT and are included in Appendix E of the Traffic Impact Study. A review of this data reveals a variety of different types of accidents at the various intersections; however, no location indicated 5 or more incidents over a 12 month period. Pedestrian activity can be categorized as light to moderate in the vicinity of the site. Sidewalks are provided along Main Street from approximately East Avenue heading west towards the Village and extend along Main Street to Route 208. Sidewalks are also present along Orange Avenue (Route 208) from Coldenham Road north to Main Street. A small portion of sidewalk is also present on Grant Street. Public transportation service in the area includes the Orange County local public bus service provided by Coach USA. Local service between Middletown and Newburgh is provided with a stop in the Village of Walden at the Orchard Street parking lot.
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Using data published by the Institute of Transportation Engineers (ITE), future traffic volumes were projected under various scenarios. The first scenario, referred to as a “No-Build” scenario, projects traffic volumes in the year 2014, using a background growth factor of 2% per year which is applied to the Existing Traffic Volumes to account for normal growth and traffic from other potential development traffic in the area. In addition, traffic from other planned developments in the area were also estimated and added to the projected traffic volumes. These projects included the Devitt Hotel; Village at Goodwill; Goodwill Church; Panattoni Development; Beaver Dam Estates; Crossroads Farms; Stratton Plaza (located in the Village of Montgomery) and Montgomery Corporate Park. The 2014 No-Build Traffic Volumes do not include any traffic associated with the Overlook at Kidd Farm. Figures F-3.8D and F-3.8E depict the 2014 No-Build Traffic Volumes for the AM and PM peak hours, respectively.
POTENTIAL IMPACTS A “Build” scenario, which projects site related traffic volume for the proposed project was developed to analyze the impact that each proposed development would have on traffic in the area. Estimates of the expected additional traffic which would be generated by the proposed development were developed based on information published by the Institute of Transportation Engineer (ITE) as contained in their report entitled Trip Generation, 8th Edition, 2008. ITE Land Use Category 22 (Townhouse) was used to estimate the peak hour trip generation rates. Since no specific development is proposed for the commercial (light industrial) subdivision portion of the project, trip rates were based on a per acre basis provided in the Institute of Transportation’s Trip Generation Handbook utilizing Land Use Category 130 (Light Industrial). This estimate takes into account the building and parking which could be provided for on the commercial portion of the property based upon acreage. In general, the Overlook at Kidd Farm is expected to generate approximately 66 vehicles entering the site (16 residential; 50 commercial) and 86 vehicles exiting the site (76 residential; 10 commercial) during the AM Peak period. The commercial traffic will utilize only the NYS Route 208 entrance point; residential vehicles can utilize either of
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the access points. During the PM peak period, the site is expected to generate 87 vehicles entering the site (72 residential; 15 commercial) and 91 exiting the site (36 residential; 55 commercial). Hourly Trip generation rates and anticipated site generated traffic volumes are provided in more detail in Table No. 1 of the Traffic Impact Study which is included in Appendix F of this DEIS. Figures F-3.8F and F-3.8G indicate site trip distribution assignments for the residential portion of the project. Figures F-3.8H and I indicate the arrival and departure distribution for the commercial subdivision. Figures F-3.8J and K show the site generated traffic volumes for the residential development and Figures F-3.8 L and M show the site generated traffic volumes for the commercial subdivision. The intersections identified above were examined for capacity analysis for each of the peak hours utilizing Existing, 2014 No-Build and 2014 Build scenarios. The terminology used in identifying traffic flow conditions is Levels of Service (LOS). A LOS “A” represents the best condition and a LOS “F” represents the worst condition. A LOS “C” is generally used as a design standard while a LOS “D” is acceptable during peak periods. A LOS “E” represents an operation near capacity. Figure F-3.8N summarizes the Levels of Service for each of the intersections. A description of the intersections and the results of the capacity analysis are provided below. • NYS Route 208 and Old Orange Avenue: Old Orange Avenue intersects with NYS Route 208 at a “stop” sign controlled “T” intersection. All approaches to the intersection consist of one lane. The capacity analysis indicates that this intersection currently operates at a LOS “C” or better during both the AM and PM peak periods. Under the future No-Build and Build scenarios, a LOS “C” or better is expected to continue. • NYS Route 208 and Coldenham Road: Coldenham Road intersects with NYS Route 208 at a “stop” sign controlled “T” intersection. All approaches to the intersection consist of one lane. There is also an existing driveway to an office building which forms a fourth (eastbound) leg of this intersection. The capacity analysis conducted at this intersection indicates that during the Weekday PM Peak period, a LOS “D” is currently experienced. The intersection was re-analyzed utilizing both the 2014 No-Build and Build Traffic Volumes. A review of these
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analyses indicates that an average Level of Service “D” will be experienced during both the AM and PM peak periods. The intersection was also analyzed with signalization. This analysis indicates a LOS “C” or better. This intersection should be monitored in the future to determine if signalization will be warranted. • Coldenham Road and Proposed Site Access Road: Coldenham Road consists of one lane in each direction in the vicinity of the proposed site access road. The intersection was analyzed utilizing the 2014 Build Traffic Volumes. A review of the analysis indicates that a LOS of “B” or better will be experienced during peak periods. Based on the current plan, the sight distances, which are summarized in Table SD-1 of the Traffic Impact Study, indicate they are in compliance with AASHTO standards. • Coldenham Road and Edmunds Lane: Edmunds Lane intersects with Coldenham Road at a “stop” sign controlled “T” type intersection. All approaches to the intersection consist of one lane. The current LOS of “B” is expected to continue under the No-Build and Build scenarios. • NYS Route 208 and Proposed Site Access Road: NYS Route 208 in the vicinity of the proposed site access road consists of one lane per direction. When constructed, the site access connection should consist of one entering and one existing lane. The location provides sight distances of 1,000 feet looking left and approximately 550 feet looking right, which exceed the AASHTO interection sight distances for entering and exiting vehicles along the roadway. The capacity analysis conducted at this intersection indicates a LOS “C” or better during peak periods will be obtained at this location. • NYS Route 208 and NYS Route 52 Intersections: NYS Route 208 and NYS Route 52 intersect at two different locations in the Village of Walden. One is a signalized intersection and the other unsignalized. The signalized intersection is a four way intersection that has approaches consisting of one lane, except for the northbound approach which also has a separate right turn lane. The capacity analysis conducted at this
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intersection indicates that an overall LOS “C” or better is currently experienced. Utilizing the No-Build and Build traffic volumes, a LOS “D” or better is expected. The unsignalized intersection currently operates at a LOS of “D” or better and is expected to operate at an LOS “F” under the No-Build and Build scenarios. This intersection should be monitored for potential future signalization. • NYS Route 52 and East Avenue: NYS Route 52 and East Avenue/Walden Estates Drive consist of a stop sign controlled “T” intersection, with a parallel street on the north side of NYS Route 52. There is a single lane approach from all directions. The existing capacity analysis indicates a LOS “C” or better and the future analysis under the No-Build and Build conditions indicates a LOS “D” or better. The proposed site plan includes project sidewalks on one side of the road, which pedestrians can utilize to travel through the site. The internal pedestrian system will connect to Coldenham Road at the site access point, but will not connect through the commercial subdivision to NYS Route 208. See Figure F-2.4K above. School buses are expected to pick-up and drop-off students at the Coldenham site access point and a shelter will be provided. There is currently no sidewalk provided on Coldenham Road in the vicinity of the project site. An existing sidewalk extends from NYS Route 208 east to the railroad tracks on the north side of Coldenham Road. Pedestrians heading toward the Village from the site via NYS Route 208 will need to walk west on Coldenham for approximately 1,300 feet before sidewalks are available or access the Village via Edmunds Lane, a street with significantly lower traffic volume than NYS Route 208. Public transportation is not expected to be impacted by this project. Construction traffic impacts are not expected to be significant as the site has direct access to state and county highways and minimizes potential impacts from construction vehicles. Construction related traffic will initially (during phase one) use the main site access from Coldenham Road. During development of Phase Two, access to the site for construction vehicles will be relocated to the NYS Route 208 entrance on the west side of the project. This relocated construction entrance will then remain the construction vehicle access until completion of the project. Trucks with material
THE OVERLOOK AT KIDD FARM 3-112 Engineering Properties, PC deliveries are expected to use NYS Route 208 and NYS Route 17K to Coldenham Road and later to utilize NYS Route 208 to access the site. As these roads are state and county highways that routinely carry commercial vehicles for other local industrial/commercial business, the delivery to the site of equipment and materials is not expected to create any significant impacts. The duration and therefore the frequency of the construction traffic is heavily dependent on market conditions as the sale of units will dictate the rate of construction. At this time it is estimated that build-out of the project will take approximately 4 ½ years. No opportunities exist for alternate site access points.
MITIGATION MEASURES: Based on the results of the field inspections of the roadways in the vicinity of the site, together with the results of the capacity analysis for the individual intersections, the traffic generated by the development of this project will not result in a change in the LOS experienced at the intersections evaluated. The following recommendations should be implemented. • In the future (post-development of this project), the intersection of NYS Route 208 and Coldenham Road should be monitored by the County and/or NYS DOT to determine when and if signalization is warranted. • NYS Route 208 and NYS Route 52, Unsignalized intersection, should be monitored by NYS DOT for potential signalization. • Future development of Edmunds Lane could extend the sidewalk along Edmunds Lane to provide an alternative pedestrian path to the Village. • Request that the Village of Walden, as part of its maintenance of the right of way for Edmunds Lane, trim and cut back the underbrush and trees that have encroached into the right of way so as to improve sight distance along Edmunds Lane. • To improve public safety in the neighborhood, request the Village of Walden adopt a local law pursuant to NY Vehicle & Traffic Law Sec. 1640 establishing a stop on Edmunds Lane near Tax Map Parcels 313-1- 1.2 and 310-4-8.2 (one side) and 316-1-1 (other side) to allow for a
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pedestrian walkway between the Kunchab Ling Tsechen temple property and the meditation open space parcel across the street.
3.9 Socioeconomic and Community Services
EXISTING CONDITIONS: Demography: As of 2000, the most recent US Census indicates there were 6,164 persons living in Walden (Comp Plan, Chapter 4, Page 2). The 2004 population estimate was 6,772, with the population projected to be approximately 7,500 persons at full build out of the Village. (Comp Plan, Chapter 4, Page 2). US Census Bureau website in March 2010 estimated the population of the Village of Walden at 6,977. Based on the Comp Plan, the age distribution of the population is displayed in Table 3.9A below. Table 3.9A: Population Age Distribution AGE RANGE % OF POPULATION 0 – 4 years 7.2% 5 – 19 years 25.4% 20 – 34 years 19.5% 35 – 54 years 30.7% 55 – 65 years 7.1% 65 and older 10.1%
In 2000, the Village of Walden had a total of 2,353 housing units, with 63.2% of those units being owner occupied and the remaining 36.8% renter occupied (Comp Plan, Chapter 4, Page 3). As indicated above, population projections for the Village estimate a total population of 7,500 persons at full buildout, with full occupancy of all housing units. (Comp Plan, Chapter 4, page 2). The County’s population growth is expected to increase at a greater percentage than the Village’s given the larger amounts of undeveloped land in the County. From 1990 to 2000, Orange County’s population grew by 11% from 307,647 in 1990 to 341,367 in 2000. This is a significant decrease in earlier population growth trends which saw increases of between 17 and 20% over the last 40 years.
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In 1990, 82.1% of residents in the Village were employed in private industry with the remaining 17.9% working for the government (Comp Plan, Chapter 4, Page 5). According to the 1990 Census, the top five employment fields for Village residents included: educational, health and social services (19.4%); retail (18.4%); manufacturing (13.9%); and transportation, warehousing or utilities (7.5%). Current employment opportunities in the area include sales and office occupations; management, professional and related occupations; service; production, transportation and material moving; construction, extraction and maintenance; and farming fishing and forestry. (Comp Plan, Chapter 4, Page 6). Most of the residents in the Village use an automobile to get to work, with less than 10% of Village residents walking to work or working at home. The average commute is 24.8 minutes and Walden continues to play a role as a regional employment center. (Comp Plan, Chapter 4, Page 6).
Existing Community Services: • Education facilities: Walden lies within the Valley Central School district which enrolls students from the Village as well as the Towns of Montgomery, Crawford, Wallkill, Hamptonburgh and Newburgh. There are 5 Elementary Schools in the District, one Middle School and one High School. (www.vcsd.k12.ny.us). One of the elementary schools is located in the Village, the Walden Elementary School; the others include East Coldenham, Maybrook, Berea and Montgomery. The Village is also home to the Most Precious Blood Parochial School that is located in the north central portion of the Village. • Police protection: Located within Village Hall, the Village of Walden Police Department provides police protection for the entire Village of Walden. Law enforcement is handled by 14 full time police officers and 15 part time officers. Within the Dispatching Unit, there are three full time employees and eight part time employees. The PD utilizes six marked patrol vehicles, two Raleigh F-500 and 2 Cannondale police bicycles. In 2009, the PD received an average of 493 calls per month
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(5918 total). The average response time is 3 to 4 minutes upon receipt or dispatch of calls to officers (Comp Plan, Chapter 8, Page 4). • Fire protection: Fire services are provided by the Walden Fire District, which is 100% volunteer. There are two fire stations: the main station is located at 230 Old Orange Avenue and a sub-station located at the intersection of North Montgomery and Wait Streets. The Walden Fire District has well trained volunteer firefighters with modern fire fighting equipment including 3 engines, one ladder truck, one tanker, one rescue and one brush truck. The Walden Fire District responds to an average of 350 calls per year, handled by 80 active members. • Health Care facilities: Residents in the Village of Walden have many choices when it comes to health care. The Village is located mid-way between two of Orange County’s largest regional medical centers. Orange County Regional Medical Center is located approximately 15 miles away in Middletown and St Lukes Hospital is located in Newburgh, approximately 10 miles from the site. In addition, there is an extensive array of doctors and specialists with professional offices in Orange County, as well as walk in Urgent Care centers in Newburgh and Middletown. The Wallkill Valley Health Center, which is affiliated with Hudson River Health Care, provides a wide range of primary health care services at its facility on Orange Avenue in the Village, approximately one-half mile from the project site. Ambulance services are provided by the Town of Montgomery Ambulance Corp (TOMAC) which provides emergency medical services to the Town of Montgomery and the Villages of Walden, Maybrook and Montgomery, Coldenham and portions of Hamptonburgh. TOMAC has two ambulance bays with the primary bay being located on South Montgomery Street in the Village of Walden, less than 0.5 miles from the site. The number of active volunteers at TOMAC ranges between 30 and 50. TOMAC has a mutual aid agreement with each of the fire departments
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including the Walden Fire District. In the event of an emergency, the TOMAC would provide the first response with an EMT. • Recreation facilities and open space: o The Village of Walden has 4 parks with approximately 143 acres of public park land, around 11% of the Village land area. Local parks include Alfred Place, Bradley Park, James Olley Park, and Woosters Grove Park. Recreational facilities include basketball courts, playgrounds, baseball and softball fields, tennis courts, a skateboard bowl, picnic tables, fishing pond, volley ball court, nature trail and beach, shuffleboard court, ice rink, and a youth center. o Town of Montgomery supports 5 parks including the Rail Trail, Riverfront Park, Twin Islands Fishing Park, Berea Town Park and Benedict Park. Facilities include fishing, hiking and softball, football and all purpose fields. o Orange County parks within a 10 mile radius of the proposed project include Algonquin Park, Cronomer Hill Park, Winding Hills Park and Thomas Bull Memorial Park, the largest developed recreational facility in Orange County. These parks provide an extensive array of facilities including golf, tennis, boating, horseback riding, camping, fishing, ball fields and other amenities. o New York State maintains 11 parks in Orange County as well as six historic sites. The state parks closest to the project site include Highland Lakes, Storm King, Bear Mountain, Minnewaska, and Harriman State Parks. While some of these parks are undeveloped open space, such as Highland Lakes and Storm King, others have facilities for swimming, picnicking, playgrounds, etc. Bear Mountain State Park includes an ice skating rink, zoo and carousel. • Garbage collection: The Village of Walden currently provides garbage and recycling collection for some Village Residents. The cost for this service is paid through a separate garbage bill. Currently the only on site
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generation of solid waste is from the existing single family home on the property. The total waste generation from this residence is estimated to be 1.75 tons per year. • School District: o Existing School District and Enrollment: As provided in more detail above, Walden lies within the Valley Central School district which enrolls students from the Village as well as the 5 neighboring towns. There are 5 Elementary Schools in the District, one Middle School and one High School. (www.vcsd.k12.ny.us). One of the elementary schools is located in the Village, the Walden Elementary School; the others include East Coldenham, Maybrook, Berea and Montgomery. The Village is also home to the Most Precious Blood Parochial School that is located in the north central portion of the Village. Enrollment statistics provided by the New York State Department of Education indicate that for the 2009-2010 school year, enrollment in the district was 4,924 pupils; a decline of 324 students or 6% since 2005. The decline in enrollment was not attributable to one age group or school but rather can be seen at each grade level. The middle school and high school saw a reduction in attendance of 5.4% and 10.75% respectively. The Walden Elementary School also saw a decrease in attendance, dropping from 566 pupils in 2005 to 530 in 2009/10, a decrease of 6.4%. • Library: The Josephine-Louise Public Library (“JLPL”) is located at 5 Scofield Street in the Village of Walden and is chartered to serve the residents of the Village of Walden. The library also has a contractual agreement with the Town of Montgomery to provide library services to some of its residents. The total population served by the JLPL is 14,171. Funding for the library is provided by the Village through its tax base and through a contractual fee paid by the Town of Montgomery. In 2009, the Library received $279,707 from the Village of Walden and $93,740 from
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the Town of Montgomery, $373,447 total. Additional revenue is generated through programs and fees. There are 5,070 registered resident borrowers at the JLPL, which is approximately 35.78% of the total population served. In 2009, the JLPL reported an annual surplus over operating expenses of $1,305. (Information contained in this section was taken from Josephine-Louise Public Library Annual Report for Public and Associations Libraries – 2009, a copy of which was provided by the library.)
POTENTIAL IMPACTS Demography: To determine the number of persons that would be generated by the Overlook at Kidd Farm, demographic multipliers were utilized from the Rutgers University, Residential Demographic Multipliers (2006). These multipliers are based on demographic information for New York State gathered during the 2000 US Census. The multipliers differentiate between housing type, bedrooms and ownership. The Rutgers University multiplier for a three bedroom townhouse is 2.83, resulting in a population projection of 577 persons (204 x 2.83). An increase of 577 persons would result in an 8.2% increase in the Village’s overall population for a total population of 7,554 (based on current US Census estimates). The project would increase the total number of housing units estimated at 2,398 in 2004 by 8.5% to a total of 2,602. It will increase the total number of affordable units available by 41 units and increase the number of multi-family units available in the community. The increase in population and housing units is not anticipated to have a significant impact on the general community. School District: • Projected number of School Age Children: The Orange County Planning Department and Valley Central School District were contacted to determine whether any information was available regarding locally generated demographic multipliers; neither the County nor the School District had any relevant studies or multipliers. Accordingly, the Rutgers University Residential Demographic Multipliers were utilized to project
THE OVERLOOK AT KIDD FARM 3-119 Engineering Properties, PC the number of School Age Children that would be generated by the project as these multipliers are considered the standard by planning professionals. The Rutgers multiplier for a three bedroom townhouse is 0.39. Accordingly, the number of school age children that would be generated by this project is approximately 80 (204 x .39) school age children in grades Kindergarten through 12. In 2005, Garling Associates, a planning firm which represents many municipalities in Orange County including the Town of Montgomery, was asked to review the multipliers used by ULI and Rutgers and compare them to actual student enrollment figures in school districts in Orange County. Mr. Garling concluded that the Rutgers multipliers were accurate for Orange County, if even a bit conservative as compared with actual data from existing developments. A copy of that report is included in Appendix G of this DEIS.
Utilizing data generated by Rutgers University in “The New Practitioners Guide to Fiscal Impact Analysis” by Burchell, Listoken and Dolphin, the number of school age children can be further broken down into age related categories and accordingly, it is estimated that of the 80 school age children expected to be generated by this project, approximately 47 pupils will attend grades K – 6; 16 pupils will attend grades 7 to 9; and 17 pupils will enroll in grades 10 through 12. These projected total enrollments will be phased in over a period of 4.5 years as units are completed and occupied.
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Table 3.9B: Distribution of Public School Age Children SCHOOL TOTAL # STUDENTS AVG PER YEAR/GRADE* Elementary School – 47 students 11.75 per year K to 6 ≤ 2 per grade Middle School 16 students 4 per year Grades 7 to 9 Approx. 1.3 per grade High School 17 students 4 per year Grades 10 – 12 Approx. 1.3 per grade * The project proposes 5 construction phases over 4.5 years. Accordingly, only a certain percentage of the total number of school age children will be entering the School District at any time. For purposes of this analysis, it was assumed that during the first six months of construction, no units would be completed, sold and occupied. Accordingly, the number of children entering the District was calculated based on 4 years. These numbers are conservative in that it is unlikely that all units will be sold and occupied during or very shortly after construction.
While the project sponsor anticipates that the younger students will attend Walden Elementary School, the School Board will determine which school elementary students will attend.
• The projected total number of school children (80) is only 1.6% of the total school population for 2009-2010 (4,926). Given that enrollment in the School District has declined by 6% since 2005, the additional students generated by this project are not expected to have a significant impact on any of the individual schools or the District overall. • It is estimated that the Valley Central School District will receive approximately $767,913.44 in tax revenue once the project is fully developed. The net fiscal impact of the project for the school district is positive, with the District receiving $40,979.04 more than it is estimated it will cost to educate the additional students. All full description of the fiscal impacts associated with project are discussed in Section 3.10 below.
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School bus service for the project will initially be provided via a drop off and pick up location along Coldenham Road at the projects main entrance. Once the through road is completed the school will determine if bus service will be provided onsite by accessing this new road. This decision will be made by the school district based on bus schedules, bus routing and student need. Drop off and pick up times for students are generally as follows: • High School 6:50 AM and 2:15 PM • Middle School 7:40 AM and 3:00 PM • Elementary School 8:45 PM and 3:45 PM Police Protection: Comments were solicited from the Police Department via a letter dated, March 15, 2010. A written response dated December 6, 2010 has been received from Police Chief Holmes. This letter in part confirmed that the projected population increase of 577 persons will create an incremental increase in demand on existing services . It is not expected that there will be any significant impact on police protection as this incremental demand will be offset by an incremental increase in taxes to the Village. It should also be noted that the project sponsor does not propose to install automatic alarms as part of the unit offering. Alarms may be installed by individual homeowners at their own discretion. Fire protection: A letter dated March 23, 2010 has been received from the Walden Fire District and can be found in Appendix I. This letter contains suggestions on hydrant layout, potential use of ponds for dry hydrants and information on staffing and call responses. The hydrant location suggestions have been incorporated in the water system design. This water system has been designed to meet the needed fire flow requirements of the proposed buildings. It is estimated by the fire department that response time to the site will be 5 to 6 minutes. When responding to the site the department will have three potential access points to the site, one full service access from NYS Route 208, a second full service access from Coldenham Road and a third emergency access only drive from Coldenham Road. Having multiple access points will ensure that there is sufficient access in the event that one of the access roads is blocked.
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Considering the projected population increase of 577 persons represents only an incremental increase in demand on existing services rather than demand for a new service area, it is not expected that there will be any significant impact on fire protection. Hospitals, health care and ambulance services: It is not expected that the increase in population will have a significant impact on hospitals and health care services in the region as the project’s estimated population represents an increase of less than .01% (based on 2009 population estimate of Orange County, New York of 383,532, www.quickfacts.census.gov). We have attempted to contact the TOMVAC via letter dated March 15, 2010 but have received no response to date. Recreation facilities and open space: Based on the Recreational Facility Development Standards analysis contained in the Comp Plan (Chapter 8, p. 8) the Village has more than sufficient play lots, neighborhood parks, field games and skating areas to accommodate the increase in population resulting from this project and in fact, has sufficient facilities to support the Village’s population at total build out. The Comp Plan identifies a need for additional tennis courts, but fails to account for the availability of 6 additional tennis courts at Thomas Bull Memorial Park, which is located in the Town of Montgomery, less than 6 miles away from the site. In addition, the Comp Plan identifies an existing need for an additional ½ basketball court in the community. The proposed on-site recreational facilities will include a ½ basketball court and therefore there will be no change in demand on these facilities. Proposed on-site recreation facilities include a community clubhouse, outdoor pool, two playgrounds and a ½ basketball court. A gazebo will be located at the high point of the project site, in the southeastern portion of the site, which can be utilized as a meeting place or as a place to relax and enjoy the views. There will be 9.2 acres of usable open space which will be maintained by the Townhouse Association which could be used for informal and passive recreation. Solid Waste: Estimated solid waste to be generated by this project is calculated based upon a demand of 2.25 pounds per resident per day. The estimated population of the project at full build out is 577 with total solid waste generated by the additional residents to be estimated at 1,298 pounds per day (577 x 2.25). In addition the clubhouse is expected to generate approximately ±50 pounds of solid waste per day. Accordingly,
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the total project is expected to generate 1,348 pounds per day; or ±41,788 pounds per month; or ±250.7 tons per year. The trash and recycling will be collected by the municipality and residents will pay for this service through a Village garbage bill. School Impacts: As discussed above, the project will result in approximately 80 school age children. These new students will help maintain student population and therefore the NYS share of tax revenue for the school district. This is an important benefit of the project as the District has seen a continuing decline in enrollment, which is directly related to the amount of State aid received by the District. The project will have a positive fiscal impact on the Valley Central School District. See Section 3.10 for a complete discussion of the fiscal impacts of the project on the School District. Postal Service: Postal Service is provided by the US government and delivered by US mail carriers. The mailboxes for the townhomes will be centrally located near the clubhouse as indicated on the Plans which are included in Appendix M of this DEIS. Commercial and Retail Facilities: According to a study conducted by the National Association of Home Builders for Dutchess and Orange Counties (the Poughkeepsie-Newburgh-Middletown statistical area) home building has direct and indirect impacts on the local economy both during the construction phase and long term. A copy of the National Association of Home Builders report is included in Appendix H of this DEIS. During the construction phase, jobs, wages and local taxes are generated by the actual construction and sales of homes. Jobs include on-site and off-site construction work as well as jobs generated in retail and wholesale sales of components, transportation to the site, and the professional services required to build a home and deliver it to its final customer. Over the long term, new residents increase demand for local goods and services and it is estimated that a household moving into a new home generally spends about three-fifths of its income on goods and services sold in the community. The NAHB study considered the economic impacts of building 1000 single family homes in Orange and Dutchess Counties and estimated that the local economic impact of that development was $273 million in local income, $29 million in taxes and other revenue for local governments and 4,364 jobs during the construction phase. The report estimates that once the homes are occupied, the residents generate $44 million in local income, $14
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million in taxes and other revenue for local governments and 795 local jobs. An increase in demand was identified in wholesale and retail trades, eating and drinking places, automobile repair and services as well as services such as finance, insurance, banking, entertainment and health and social services. While the study looked at the benefits of building 1,000 single family homes and the proposed project only includes only 204 units which will be priced lower than the average priced home in the study, even if the Overlook project only generates 10% of the revenue estimated by the National Association of Homebuilders, the potential local economic impact of the Overlook at Kidd Farm is estimated at $27.3 million in income during the construction phase and $4.4 million in local income annually thereafter. Library: The Overlook at Kidd Farm would introduce approximately 577 new residents to the area served by the Josephine-Louise Public Library, an increase of 3.91%.in the total population served. Assuming that the new residents register with the Library in the same proportions as existing residents, there is the potential for the Library to see an additional 207 new registered borrowers. These new borrowers could potentially increase the total number of annual visits by 4.07%. It is not anticipated that this small increase in the number of registered borrowers or annual visits will have a significant impact on the Library.
MITIGATION MEASURES Police: No mitigation necessary Fire Protection: The water system will be designed to meet the fire protection needs of the community and provide the necessary fire hydrants requested by the Department. To improve emergency access to the site, three means of emergency access have been provided. All buildings will be constructed in conformance with the NYS Residential Building Code and NYS Fire Protection Code as applicable. Ambulance Services: No mitigation necessary. Recreation facilities: As indicated above, the project will provide on site recreational facilities which includes a clubhouse, pool, 2 playgrounds, ½ basketball court, dog run and gazebo. Although it is recognized that the residents may occasionally use community facilities, as the Comp Plan indicates, even with the increase in
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population projected from this development, there are ample recreational facilities available in the area and no significant impact is expected. The applicant’s obligation to pay recreation fees shall be determined based on the Village Code and Village Law Section 7-730 (4). Solid Waste: The Overlook at Kidd Farm will mitigate the amount of solid waste generated by the site through recycling. Mandated by law, residents will separate glass, aluminum, and plastic from regular household trash before it is collected either by the Village. This will reduce the amount of solid waste that is not reusable and sent to designated landfills. Schools: The fiscal impact of the project is positive and as school enrollment is declining, there is no reason to believe that the school district and its facilities cannot accommodate the estimated number of new students. Accordingly, no mitigation is proposed. Library: No mitigation is proposed. It is expected that any additional costs incurred by the Library in supporting the new residents will be more than offset by the additional revenue generated through new taxes.
3.10 Fiscal Analysis
Esposito and Associates prepared a Fiscal Impact Analysis for the project, the findings of which are incorporated below. A copy of the full report and backup data is located in Appendix I of this DEIS. The study reviewed existing conditions and projected the potential impacts of the Overlook at Kidd Farm on the fiscal resources of the Village of Walden, Town of Montgomery, Walden Fire District and the Valley Central School District.
EXISTING CONDITIONS
Currently, the Project Site requires very few municipal services from applicable taxing jurisdictions. The Project Site is identified on the Village of Walden tax rolls as Section 315, Block 5, Lots 3.2, 4, 7, 8 and 10. According to the 2009/2010 tax bills, the property generates approximately $24,214 for the taxing jurisdictions based on a combined assessed value of $477,900.00
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POTENTIAL IMPACTS The Proposed Action consists of 204 3-bedroom townhome units, 152 units will be “downhill” and fifty-two (52) will be “uphill”. Of the 204 townhome units, forty-one (41) are to be restricted as affordable in accordance with the Village Zoning Law. The Project Sponsor intends to construct a 2,500 square feet community clubhouse with a pool. The clubhouse will include a kitchenette, library, recreation room, bathrooms, pool filtration and storage areas. In addition to the clubhouse and pool, on-site recreational amenities will include two playgrounds, a half basketball court, a dog run and a gazebo. Additionally, a four (4) lot commercial subdivision is being proposed as a separate entity along New York State Route 208.
In order to assess the potential fiscal impacts of the Proposed Action on the local taxing jurisdictions, an average estimated sales price and/or anticipated construction cost was obtained from the Project Sponsor for the finished residential dwelling units, associated amenities and commercial properties. Based on the estimated sales prices and/or construction cost, estimated tax revenues and costs were calculated. The Per Capita Multiplier Method, as described in The New Practitioners Guide to Fiscal Impact Analysis by Robert Burchell (Rutgers University, Center for Urban Policy Research: New Brunswick, NJ, 1985) was employed to calculate the potential revenue generated to each taxing jurisdiction. The tax revenues and costs are an estimation of the potential impact to the community if it were fully built and occupied today; it is not a projection of future revenue. Analysis of the fiscal impact requires that the Proposed Action be analyzed in this manner, minimizing unknown factors which could complicate and reduce the accuracy of projected future tax revenues and costs.
Anticipated property tax revenue from the Proposed Action cannot be calculated until an assessed value is established. Assessors typically compare new housing against the assessed value of comparable existing housing. The assessor maintains a comparison between the sales price and assessed valuation for 1-, 2- and 3-bedroom residences. This ratio, known as the Residential Assessment Ratio (“RAR”), can be used to approximate the assessed value of residences based on their sales prices. The 2010 RAR for the Town of Montgomery, which completes the assessments for the
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Village of Walden, was 58.12. During preparation of the DEIS, the Project Sponsor met with the Town of Montgomery Tax Assessor and, based upon analysis of similar townhome units, a reduced RAR of 44.00 was established for the residential units only. For the non-residential portion of the Proposed Action, the tax assessor was able to provide a conceptual assessment based upon the anticipated sales price for the commercial subdivision and the estimated construction cost of the proposed amenities. The anticipated average estimated sales price and/or construction costs of the project are as follows: ¾ $312,500.00 for market rate, downhill 3- bedroom townhome ¾ $295,000.00 for market rate, uphill 3- bedroom townhome ¾ $250,000.00 for affordable rate, 3-bedroom townhome ¾ $500,000 for associated amenities ¾ $150,000 for market rate commercial lots Based upon the reduced RAR of 44.00 and estimated assessments by the Town of Montgomery Assessor, the assessed values of the development’s aspects, relevant to today’s economy, would be as follows: ¾ $137,500.00 assessed value for market rate, downhill 3-bedroom townhome ¾ $129,800.00 assessed value for market rate, uphill 3-bedroom townhome ¾ $110,000.00 assessed value for affordable rate, 3-bedroom townhome ¾ $420,000 assessed value for associated amenities ¾ $90,000 assessed value for market rate commercial lots These rates equate to a total assessed value of $27,386,800.00 for the 204 total dwelling units, associated amenities and commercial properties. Based on these assessed values, the Proposed Project is anticipated to generate a total of $1,396,128.29 in tax revenue to the taxing jurisdictions. Table 3.10A below contains a breakdown of this revenue for each taxing jurisdiction:
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Table 3.10A Anticipated Tax Revenue
Tax Rate per 1000 of Taxing Jurisdiction Total Property Tax Revenue Assessed Value
Orange County 5.29600 $145,040.49
Village of Walden 15.264100 $418,034.85
Town of Montgomery 0.91740 $25,124.65
Walden Fire District 1.461100 $40,014.85
Valley Central School District 28.039546 $767,913.44
Total $1,396,128.29
As described more fully above, in Section 3.9 of this DEIS, the Proposed Action is anticipated to generate approximately 577 new residents, of which eighty (80) would be public school-age.
To determine the “Cost of Services”, or what it will cost the taxing jurisdictions to service the project, the per capita costs for each taxing jurisdiction are calculated by multiplying the population by the per capita residential tax levy as described in The New Practitioner’s Guide to Fiscal Impact Analysis. This cost can then be compared against the anticipated tax revenue for each jurisdiction to obtain the potential net fiscal impact to each taxing jurisdiction.
The net fiscal impacts associated with the Proposed Action are broken down by taxing jurisdiction in Table 3.10B below:
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Table 3.10B Anticipated Net Fiscal Impacts
Total Municipal Taxing Development Per Capita Total Municipal Net Fiscal Revenue Jurisdiction Population Cost Cost of Project Impact From Project
Orange County 577 $203.41 $117,367.57 $145,040.49 $27,672.92
Village of Walden 577 $399.20 $191,628.40* $418,034.85 $226,406.45
Town of Montgomery 577 $35.57 $20,523.89 $25,124.65 $4,600.76 (Walden Portion)
Walden Fire District 577 $62.92 $36,304.84 $40,014.85 $3,710.01
Valley Central School 80 $9,086.68 $726,934.40 $767,913.44 $40,979.04 District
Total Net Fiscal Impact $303,369.19
* This total has been reduced by the cost savings to the Village associated with not having to maintain the project’s private roads which are estimated at $38,710.00 annually (7,000 linear feet)
PROPOSED MITIGATION
As is indicated above, the overall net fiscal impact from the proposed project is positive and all taxing jurisdictions are anticipated to receive more revenue than it will cost to provide services to the development.
3.11 Cultural Resources
The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) was contacted to determine the project site’s sensitivity to historical and/or prehistoric cultural resources. Based upon correspondence from OPRHP, it was determined that a Phase 1 Cultural Resource Investigation was warranted. During November, 2007, a Phase 1 study (Parts A and B) was conducted by CITY/SCAPE: Cultural Resource Consultants. CITY/SCAPE’s report of the study is included in Appendix J of this DEIS and has been forwarded to OPRHP for review. The applicant
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will forward to the Planning Board a copy of any correspondence received from OPRHP. The following is a summary of the findings of that study.
EXISTING CONDITIONS
The Phase 1A Cultural Resource Study consists of a literature review and sensitivity analysis. The literature review consists of reviewing state documents and maps at OPRHP’s headquarters in Peebles Island, NY to determine if there are any known prehistoric sites on the proposed project site and/or in the vicinity of the project. Based upon this review, it was determined that there were several known locations in the vicinity of the project site that had been determined to be archeologically sensitive.
Within two miles of the project site there are nine prehistoric sites and ten historic sites. A full listing of these sites is included in the full report located in Appendix J of this DEIS. There are three National Registered Listed properties in the Village of Walden within 1 mile of the project area: the Gilbert Millspaugh House, the John R. Hayes house and the Jacob T. Walden Stone House.
The applicant’s consultant also reviewed cultural resource studies that had been conducted for other projects proposed near the project site. These studies included the several resource studies by the DOT to consider impacts of road widening, grading or infrastructure replacement. Two reports were undertaken for proposed developments including the Fox Hill Bruderhof Development and Devonshire Woods. While several of these sites did yield prehistoric artifacts, others yielded nothing during subsurface investigations.
Based on the proximity of the project to other known prehistoric sites, the presence of wetlands and fresh water resources it was determined that a Phase 1B Archeological Field Reconnaissance Survey should be conducted. A Phase 1B analysis consists of a systematic surface survey and subsurface testing. A total of 45 shovel test pits were excavated along 3 transects. No cultural material was identified in this area. Locations of the shovel tests and transects can be found on the Field Reconnaissance Map located in Appendix J of this DEIS.
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A total of 13 furrows were also plowed in two fields – Field 2 is located on the southern and eastern boundaries of the site and Field 1 is located to its northwest – along with 209 shovel tests. Seven plowed furrows were tested in Field 1 and 129 shovel tests were dug in those areas of Field 1 that had not been plowed. In Field 2, 6 furrows were plowed and 80 shovel tests were conducted. A total of 20 prehistoric artifacts in the form of debitage were recovered and none were diagnostic. A single fragment of whiteware, dating to the 19th century was also recovered. An additional 33 confirmation tests were conducted proximate to the areas where the cultural artifacts were found which yielded no additional artifacts.
Based on the findings of the Phase 1B investigation, a Phase 2 Archeological Investigation was conducted in December, 2007. A careful, systematic excavation of two meter-square units failed to produce any compelling cultural material other than a very light scatter of chert debitage that can be interpreted as tool reduction or refinishing. Only one excavation unit produced cultural material in the form of lithic debitage. Based on the lack of additional findings, the applicant’s consultant believes that these artifacts constituted isolated finds and lack significance. Finally, it was also determined there are no bedrock outcrops or other formations that may yield lithic raw material.
The Phase 1 and 2 reports have been submitted to OPRHP for review, but the applicant has not yet received any feedback from the State. In the opinion of the applicant’s consultant, the lack of discovery of significant artifacts during the Phase 1B and Phase 2 investigation indicates that no further cultural resource analysis will be necessary for the site.
POTENTIAL IMPACTS
It is the opinion of the applicant’s consultant that the project does not contain enough prehistoric material to add to existing knowledge regarding prehistoric occupants in the region and it does not meet eligibility requirements for nomination to the National Register of Historic Places. Accordingly, there are no projected impacts to the historical and/or cultural resources on site.
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MITIGATION MEASURES
Since, in the opinion of the applicant’s consultant, there will be no impacts to the historical and/or cultural resources, no mitigation is proposed at this time.
3.12 Noise
EXISTING CONDITIONS Because the land is currently vacant, there is very little, if any, noise generated on site. The area surrounding the site, however, does have several uses that impact the noise levels experienced on site. Primary ambient noise sources are vehicular traffic along NYS Route 208 and Coldenham Road, residential and commercial uses in the area and more remotely from intermittent noise sources such as sirens, emergency vehicles and lawn maintenance equipment. Utilizing a sound level meter that was calibrated, existing background noise levels were measured at four locations on site for a period of 15 minutes twice during the monitoring period. Noise levels were measured in units of A- weighted noise levels or decibels-A (dBA). Based upon existing conditions, the noise levels around the project site range from 28.2 to 51.2 dBA, with the higher levels detected closer to NYS Route 208 during peak traffic periods. Primary noise receptors in the area include the residential dwellings along Coldenham Road and the Bruderhoff community on the southern property border. Community noise guidelines are published by several federal agencies including the US Environmental Protection Agency (EPA), the Federal Highway Administration (FHWA) and the Department of Housing and Urban Development (HUD). These guidelines establish recommended design noise levels for specific land uses. With respect to roadway and traffic noise, FHWA has established guidelines for various land use categories. Specifically, the FHWA recommends a Leq design level of 72 dBA for commercial areas, 67 dBA for residential areas and 57 dBA for other more noise sensitive areas. It is important to note that in order to produce a 3 dBA increase in the sound pressure level, which represents a perceptible change relative to human response, a doubling of the noise source (eg, a doubling of the traffic volume) must occur. Furthermore, with regard to sound propagation in the air, as distance doubles from the sound source, the amplitude drops by half.
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POTENTIAL IMPACTS There will be temporary increases in noise levels due to construction activities during the development of the property. In order to identify noise impacts during this phase, it was assumed that the following activities would be conducted on site: earth work and excavation; removal of existing vegetation; paving and construction of the internal roadway network. These activities would utilize construction equipment such as bulldozers, compressors, front end loaders, dump trucks and pavers. At a reference distance of 50 feet, the above equipment will generally have sound levels ranging from 70 to 95 dBA. As indicated in Section 3.5 of this DEIS, it is not expected that blasting will be necessary however, if rock is encountered, the contractor will first attempt to remove it by mechanical means. If blasting is necessary, it will be performed in accordance with all applicable regulations. On-going operational noise levels are expected to remain below the Noise Abatement Criteria for residential land uses, which recommends an exterior design noise level of 67dBA. Based on the findings of the traffic study discussed in Section 3.8 of this DEIS, the traffic volumes in the area will not double as a result of the project and therefore, it is expected that the additional vehicular traffic generated by the project will create a perceptible increase in noise. Based on the foregoing, there will be an increase in noise levels during the construction period; however, once the site is developed, noise generated from the additional residential population’s normal activities as well as site maintenance are expected to remain below acceptable levels set by the federal agencies.
MITIGATION MEASURES Construction related noise: to reduce the impact of the temporary increase in noise levels during project construction, the following mitigation measures are proposed: • All construction activities will take place in compliance with all applicable regulations.
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• Construction equipment will not idle unnecessarily and all construction equipment will be checked periodically to ensure that properly functioning muffler systems are in use. •
3.13 Air Quality
The Clean Air Act, last amended in 1990, requires the U.S. Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to public health and the environment. The EPA has set NAAQS for six pollutants which are called “criteria pollutants.” The six criteria pollutants are Carbon
Monoxide (CO), Lead (Pb), Nitrogen Dioxide (NO2), Particulate Matter, Ozone (O3) and
Sulfur Oxides (SOx). The EPA has two types of standards. The primary standards are limits that protect public health, especially those with respiratory problems or young and elderly citizens. Secondary standards provide limits to protect against decreased visibility, damage to animals, crops, vegetation, and buildings. Table 3.13A shows the primary and secondary standards for all six principle pollutants.
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Table 3.13A: National Ambient Air Quality Standards Average Primary Exposure Pollutant Standards Times Secondary Standards Carbon 9 ppm Monoxide (10mg/m3) 8-hour None 35 ppm (40mg/m3) 1-hour None Quarterly Lead 1.5 µg/m3 Average Same as Primary Nitrogen 0.053 ppm Dioxide (100µg/m3) Annual Same as Primary Particulate Matter 50 µg/m3 Annual Same as Primary (PM 10) 150 µg/m3 24-hour ' Particulate Matter 15.0 µg/m3 Annual Same as Primary (PM 2.5) 65 µg/m3 24-hour ' O-Zone 0.08 ppm 8-hour Same as Primary Sulfur Oxides 1.03 ppm Annual N/A 0.14 ppm 24-hour N/A N/A 3-hour 0.5 ppm (1300 µg/m3) Source: U.S. Environmental Protection Agency The hourly average times must not exceed more than once per year.
EXISTING CONDITIONS Climate Temperatures in Walden remain above freezing approximately 5 months of the year and exceed 80 degrees fewer than 1.5 months of the year. Temperatures of less than zero or more than 90 degrees occur on an annual average of less than ten percent of the time. Winter temperatures range from an average low of 16.7 degrees to an average high of 33.1 degrees Fahrenheit. Summer temperatures range from an average low of 57.5 degrees to an average high of 83.6 degrees Fahrenheit. Precipitation in Orange County is abundant and is evenly distributed throughout the year. The average annual rainfall for Walden is 41.5 inches versus a national average of 38.69 inches. Snowfall averages 40 to 45 inches per year. The frost-free season generally lasts from May to October. Air Quality According to NYS DEC, the average air quality index for the Lower Hudson Valley (AQI) is 32 versus a national average of 44.59. An AQI between 0 and 50 is
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”good”, indicating that air pollution poses little or no risk. Existing air quality standards for New York State are found in the State Ambient Air Quality Standards (SAAQS) which largely mimic the National Ambient Air Quality Standards (NAAQS). The relevant pollutants for mobile sources are particulate matter, ozone and carbon monoxide. Particulate matter (PM 2.5) as measured in Newburgh, New York has been below the 15ug/m3 annual mean standard since 2000 and has ranged between 7.9 and 10.1 ug/m3 for 2007 to 2009. Lead levels contained in these particulates have been measured in Wallkill at a maximum of quarterly value of 0.24 ppb versus a standard of 1.5 ppb. Ozone is measured at Central Valley in Orange County. It is the only pollutant which exceeds its standard in NYS DEC Region 3 (and State-wide). It is formed from the long-term transport of hydrocarbon emissions in the mid-western United States and as such, is not “local” enforcement or emissions issue. The arithmetic annual mean for this pollutant has ranged from 0.026 to 0.031 parts per million (ppm) for the years 2000 to 2009. The federal standard is 0.079 ppm and is compared to the fourth highest maximum daily eight hour average in the region, which in Valley Central was 0.083 ppm; however, the average for the last three years (2007 to 2009) was 0.76, with 2009 being the lowest recorded year with an annual mean of .066 ppm. Carbon monoxide (CO) levels are not measured in NYS DEC Region 3. The closest monitoring station is in Loudonville, New York. Since 2000, the annual arithmetic mean has ranged from 0.3 to 0.5 ppm. The highest one hour value in 2009 was 1.0 ppm versus a standard of 35 ppm. The highest eight hour value was 0.8 ppm versus a standard of 9.0 ppm.
The closest sulfur dioxide (SO2) monitoring station is at Mt. Ninham in northeastern Putnam County. In 2009, 3 hour averages have peaked at 17 parts per billion (ppb) versus a standard of 500 ppb and 24 hour averages have peaked at 8 ppb versus a standard of 140 ppb.
POTENTIAL IMPACTS As the project does not propose to create any use that will directly emit air pollutants, the focus of this qualitative study is to determine whether there are potential
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air quality impacts, specifically carbon monoxide (CO) concentrations, associated with the traffic that is anticipated to occur with the proposed development. Federal and NYS guidelines set out a series of steps that must be considered when determining whether a project may have a negative impact on air quality The first level of “air quality screening” as provided in NYSDOT’s Environmental Procedures Manual (EPM) is a traffic analysis consistent with the Highway Capacity Manual (HCM). The traffic analysis for the project was conducted by John Collins Engineers, P.C. (JCE) and is included in Appendix F of this DEIS. Section 9 of the EPM, entitled “Projects Needing Air Quality Analysis,” provides guidance on which intersections should be screened for air quality based on overall Level of Service (LOS). If the LOS is A, B, or C, no further analyses are required. If any signalized intersections have predicted LOS of D, E, or F, where significant vehicle queuing may occur, further analysis maybe required for up to the three worst intersections. In the Traffic Impact Study prepared by John Collins Engineers, eight intersections, including the proposed access points were analyzed for 2009 existing conditions, 2014 no-build condition and 2014 build condition. Seven (7) of the eight (8) intersections are unsignalized. The only signalized intersection is Bank Street and NYS Route 52/NYS Route 208 which had an LOS of D during the PM peak periods in the Existing, No Build and Build scenarios. The next level of criteria listed in the EPM, Section 9, “I-2 Capture Criteria Screening.” If the intersection does not meet any of these criteria, the project does not need a microscale air quality analysis. In Item 2 of I-2 Capture Criteria Screening, it states that a 10 percent or more increase in traffic volume on affected roadways as a result of the project for the estimated time of completion is necessary to require further quality analysis. If the increase is less than 10 percent, then the project traffic can be assumed to have no potential to significantly impact air quality. At the intersection of Bank Street and NYS Route 52/NYS Route 208, only 11 residential vehicles and 8 commercial vehicles will be generated from the project during the peak weekday PM hour. The No Build traffic in this scenario totals some 1,438 vehicles. Thus, the increase of traffic from the 2014 No-Build condition to 2014 Build condition is approximately 0.76%. Thus, a quantitative air quality analysis for this intersection is not required.
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In addition, potential sensitive receptors (e.g. any special population or resource that would be particularly affected by an increase in pollution such as schools, hospitals, retirement communities, etc.) are taken into consideration for air quality analysis regardless of LOS levels. The closest sensitive receptor to the proposed project is Berea Elementary School which is located about 3 miles south east of the project site. This sensitive receptor would not be measurably impacted by the proposed project since it is located a significant distance from the proposed project. The SAAQS and NAAQS are set to protect the public health and welfare. In other words, the pollutant standards described above are low enough to ensure that both healthy and impaired people will not suffer significant adverse effects at pollutant levels below the SAAQS or NAAQS. Further, the general welfare (i.e., private property, wildlife, plant life, etc.) is also protected by the same standards. Thus, if the SAAQS and NAAQS standards are achieved, potential receptors are protected. If the project would significantly affect traffic conditions over a large area, it is also appropriate to consider regional air quality effects of the project by way of a mesoscale analysis. Such analyses are generally required for projects which include significant construction on or improvements to limited access highways (e.g. I-84). No such construction will occur in this area. (See NYSDOT-EPM Chapter 1.1, page 31 for specific criteria). Thus, no mesoscale analysis is required for the project. Further air quality analysis is not necessary since this project will not significantly increase traffic volume, reduce-source-receptor distances or change other existing conditions to such a degree as to have the potential to jeopardize attainment of the State or National Ambient Air Quality Standards. There is a potential temporary impact to air quality associated with construction of the project. Fugitive dust is generated during ground clearing and excavation activities. Exposed surfaces and temporary dirt roads may kick up dust as excavation occurs or construction vehicles drive over these surfaces. The potential for fugitive dust is high when the soil is dry and there is a strong wind.
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MITIGATION MEASURES To help reduce the potential for fugitive dust to impact air quality, water will be sprayed on unpaved areas that are subject to heavy construction vehicle traffic, during dry weather conditions and paved areas will be kept clean of loose dirt by sweeping. Stone tracking pads will be installed at the construction entrance to reduce the likelihood that soil will be tracked onto adjacent roadways. Disturbed areas will be seeded and mulched to reduce soil erosion and control dust.
3.14 Light Quality
EXISTING CONDITIONS Currently the majority of the site is vacant and there is no lighting except for the single family residence on Coldenham Road. Additional lighting in the area is provided by street lights on NYS Route 208 as well as site lighting on the residential and commercial properties located nearby.
POTENTIAL IMPACTS As construction will take place primarily during the day, there are no significant impacts expected to result from construction vehicles. While there may be some vehicles arriving on the site during the morning or evening hours that may require use of their headlights for safety, these should not cause a significant impact. The potential for impacts from site lighting does exists as lighting will be provided throughout the site. Site lighting is important for the safety and security of residents .however, it is recognized that detrimental impacts can be created by excessive illumination .
MITIGATION MEASURES “Dark Sky” features have been incorporated into the lighting plan to minimize the impact of on site lighting on off site areas. Such features include pole mounted lighting limited in height to 14 feet and fixtures with downward directed, shielded fixtures. The light fixture type and fixture placement will minimize fugitive light. All lighting that is
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not full cut off, including building mounted lighting, will have frosted glass to avoid glare. Lighting in areas of the site, such as the Clubhouse, will be extinguished when the facility is not in use. The net effect of this design is a lighting plan that maintains a neighborhood feel, with even light distribution and no significant impacts to neighboring properties. Potential impacts from lighting resulting from vehicular traffic will be minimized by existing landscaping and proposed supplemental landscaping. All project lighting will be maintained by the Townhouse Association. The lighting plan identifies the location of the poles throughout the site and can be found in the full plan set located at Appendix M of this DEIS.
3.15 Solid Waste Generation and Management
EXISTING CONDITIONS The Village of Walden currently provides garbage and recycling collection for some of its Village Residents. The cost for this service is paid for through a separate garbage bill . Currently the only on site generation of solid waste is from the existing single family home on the property.
POTENTIAL IMPACTS
The development of the Overlook at Kidd Farm project is designed for a total of 204 townhouse units. The proposed solid waste to be generated for this project has been calculated based upon a demand of 2.25 pounds per resident per day. The estimated population to be generated by the project is 577. Accordingly, it is anticipated that the project will produce ±1,298 lbs per day (577 x 2.25) of solid waste. In addition the clubhouse is expected to generate approximately ±50 pounds of solid waste per day. Therefore, the total project is estimated to produce ±1,348 pounds per day; ±41,002 pounds per month; and ±246 tons per year. The municipality will be responsible for pick-up and removal of solid waste. The solid waste and recyclables will be transported, after pickup, to the Orange County Transfer Station in Newburgh New York.
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MITIGATION MEASURES
Homeowners will pay for garbage collection services through a Village garbage fee. The Overlook at Kidd Farm will mitigate the amount of solid waste generated by the site through recycling. Mandated by law, residents and businesses will separate glass, aluminum, and plastic from regular household trash before it is collected by the municipality or a private hauling company. This will reduce the amount of solid waste that is not reusable and sent to designated landfills.
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4.0 Alternatives
The land that comprises the overlook at Kidd Farm is zoned TH (Townhouse), R- 3 (single family residential) and OL-I (Office Light Industry). The TH zone allows multi-family and single family dwellings, subject to certain size limitations, site plan approval and/or special permit. The R-3 zone allows single family residential subject to certain size limitations and the OL-I zone allows among other uses manufacturing, fabrication, assembly, warehousing, general and professional offices and wholesales businesses, with site plan approval.
4.1 No Action
One alternative is to develop nothing on the site. Should the project not be developed, the Village of Walden, as well as various other agencies would not receive any additional tax revenue. The site would continue to increase in undergrowth and brush as a result of no one maintaining the site. Regardless of the project being built, traffic in the vicinity of the site will increase; however, the additional vehicle trips generated by future residents of the site would not occur. Should this project not be developed, there would also be no additional demand on utilities, sewer, water and community services. Finally, there would be less available multi family housing and no additional affordable units.
Even if the proposed project is not built, an alternative plan may be proposed in the future which may have more significant impacts.
4.2 Alternative Plans
4.2.1 Alternative “Conventional Plan”
The proposed action, referred to as the “Preferred Plan” contemplates all residential lands will be developed as multi-family residential and that the commercial/industrial property will be subdivided into four conforming commercial lots. The preferred plan proposed in this DEIS relies on the Village Planning Board approving a cluster for the R-3 portion of the site and setting forth parameters for development which are generally consistent with the plan proposed herein.
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In the event the cluster is not approved by the Planning Board, the applicant will not seek to obtain variances or waivers from the standards of the existing ordinance, but will seek approval of the proposed conventional plan. This layout is depicted on the plan entitled “ALT-2” in Appendix K of this DEIS and Figure F-4.2A. This plan proposes the development of 225 residential units. The R-3 portion of the site would be developed for 11 single family residential lots in conformance with all zoning requirements. The TH zoned portion of the site would be developed with 214 townhomes and the O-LI as 4 commercial lots. As only 10 of the additional residences are townhomes, the number of affordable homes would only increase by 2.
If this alternative is built, there will be both positive and negative impacts when compared to the preferred plan. Positive impacts include additional revenue from taxes generated by the additional 20 residences. The site would include two additional affordable units (43 total). Negative impacts include a loss of 3.9 acres of open space, an additional 1.66 acres of impervious surface, approximately 629 new residents (an average of 52 additional persons beyond those estimated in the preferred plan), and 96 new school children (an additional 16 school age children beyond those estimated in the preferred plan); 1,465 lbs/day of solid waste (an increase of approximately 117 lbs per day beyond the preferred plan). The conventional plan would result in a 56,650 GPD demand in water and sanitary sewer demand (5,550 gpd beyond the preferred plan); however, the Village of Walden water and sewer systems have the capacity necessary to service the additional water and sewer demand. The traffic impacts would be slightly greater than the preferred plan, however, the results will not change if this alternative is selected.
4.3 Alternative Site Plan
The second alternative, depicted on the plan entitled “ALT-3” in Appendix L of this DEIS and Figure F-4.3A, proposes a plan similar to the preferred plan but the building sizes have been reduced to respond to current market conditions.
ALT-3 includes the same number of units, 204, as the plan which is the subject of this DEIS; however, the width of the townhouse units has been reduced. The applicant is proposing to construct uphill units which are a minimum of 20 feet wide and downhill
THE OVERLOOK AT KIDD FARM 4-144 Engineering Properties, PC units which are a minimum of 22’ wide. Figure F-4.3B includes a sample elevation of these units and Figures F-4.3C and D provide floor plans for the downhill and uphill units respectively. These units are proposed to replace the 24’ wide units required under the zoning ordinance. The smaller widths result in a reduction in the overall size of the unit of approximately 150 to 200 SF. The commercial portion of the project remains unchanged.
Similar to the preferred plan, the number of affordable units will remain at 41 and these units will be dispersed throughout the project site. Approximately 20% of each of the units in each construction phase will be restricted as affordable. The affordable units will be predominantly “uphill” units.
It is well known that since this project was proposed several years ago, the real estate market and banking/ mortgage industry have undergone significant and fundamental changes. The collapse of the housing market, the melt-down of the financial sector and the high unemployment rates in the US has created a need to reassess and reevaluate the financial viability of any new housing project. The days of buying large homes, with little down payment, and sketchy credit scores are long over.
Today, it is much more difficult for potential home buyers to sell their existing homes or to get financing and most lenders (non-FHA) require a down payment of at least 10% for some programs and 20% for conventional financing. In addition, although material and labor costs have remained relatively stable, the sales price of new and existing homes have dropped considerably from the housing bubble just two or three years ago. Home appraisers are much more conservative in their valuation of new and existing dwelling units and are faced with skewed market comparables resulting from short sales and foreclosures. Accordingly, the viability of a new housing development rests fundamentally on providing the customer with value and product at the right price.
The applicant believes that the costs associated with the 24’ wide townhouse units, which are required under the Village’s zoning ordinance, will be too expensive to be viable in today’s market. By reducing the width of the unit by 2’, the floor plan and room layouts maintain their functionality, while the overall size of the unit is reduced by less than 10%. By reducing the size of the units, the sales price of the townhouses will be
THE OVERLOOK AT KIDD FARM 4-145 Engineering Properties, PC reduced by approximately $20,000, while maintaining the integrity and quality of the units and site design. It is the professional opinion of the applicant’s consultants that the viability of this project requires that the units be smaller and the prices of the homes reduced so that it is by more in line with today’s economy and the real estate values in the area.
If this alternative is built, there will be positive impacts and several of the potential impacts will remain unchanged when compared to the preferred plan. The impacts as they relate to traffic, water and sewer would remain the same as this plan includes the same number of units as the plan studied under this DEIS.
The fiscal impact of the proposed alternative plan is analyzed in Appendix I of this DEIS. In summary, the net fiscal impacts associated with Alternative Plan No. 3 are broken down by taxing jurisdiction in Table 4.3A below:
Table 4.3A Anticipated Net Fiscal Impacts, Alternative Plan No. 3
Total Municipal Taxing Development Per Capita Total Municipal Net Fiscal Revenue Jurisdiction Population Cost Cost of Project Impact From Project
Orange County 577 $203.41 $117,367.57 $137,443.91 $20,076.34
Village of Walden 577 $399.20 $230,338.40* $396,140.03 $204,511.63
Town of Montgomery 577 $35.57 $20,523.89 $23,808.73 $3,284.84 (Walden Portion)
Walden Fire District 577 $62.92 $36,304.84 $37,919.05 $1,614.21
Valley Central School 80 $9,086.68 $726,934.40 $727,693.51 $759.11 District
Total Net Fiscal Impact $230,246.14
* This total has been reduced by the cost savings to the Village associated with not having to maintain the project’s private roads which are estimated at $38,710.00 annually (7,000 linear feet)
THE OVERLOOK AT KIDD FARM 4-146 Engineering Properties, PC
The overall net fiscal impact from Alternative Plan No. 3 is positive, with all of the taxing jurisdictions experiencing a positive fiscal impact and all taxing jurisdictions are anticipated to receive more revenue than it will cost to provide services to the development.
With regard to the number of residents and school age children, as is illustrated in the floor plans depicted in Figures F-4.3C and D, two of the bedrooms are rather small. It is the intention of the Project Sponsor to offer this unit with the option of creating a two- bedroom unit, with a larger second bedroom, rather than a three bedroom (with two small bedrooms). This would potentially reduce the total number of new residents and/or school age children.
In addition to creating units which will be lower priced and thereby within the reach of more homebuyers, utilizing the smaller units, will increase the amount of open space by 2.04 acres and decrease the amount of impervious surface by 2.05 acres. As the buildings will be smaller, potential visual impacts may also be reduced.
THE OVERLOOK AT KIDD FARM 4-147 Engineering Properties, PC
5.0 Potential Growth Inducing Aspects
It is unlikely that this project will induce growth in other areas of the community as it is one of the last large vacant parcels zoned for residential development in the Village. The project does not propose to increase water or sewer capacity in the Village system and therefore, there is no reason to believe that the development of this project will induce growth.
THE OVERLOOK AT KIDD FARM 5-148 Engineering Properties, PC
6.0 Unavoidable Adverse Impacts
6.1 Temporary Construction Impacts
There will be several temporary adverse impacts associated with the project’s construction. Construction vehicles will generate noise and dust when operating on the site. There will also be an increase in construction vehicles on local roadways as equipment and supplies are delivered to the site.
6.2 Impacts on Natural Features
Vacant land will be converted to a residential development. The applicant has worked to preserve existing vegetation to the greatest extent practicable and to avoid impacts to wetlands. There will be 12.65 acres of impervious surface as a result of the construction of the project.
6.3 Operational Impacts
The proposed development will result in operational impacts that cannot be avoided. There are expected to be an additional 577 new residents in the Village and approximately 80 new pupils enrolled in the Valley Central School District. The project will result in the demand of approximately 51,100 gallons of water per day that will service the site. There will also be the need to treat 51,100 gallons of wastewater per day once the project is fully operational and occupied. There will also be an added demand on existing gas and electric services to service the project and an increase in the number of vehicle trips to the site and on nearby roadways.
THE OVERLOOK AT KIDD FARM 6-149 Engineering Properties, PC
7.0 Effects on the Use and Conservation of Energy Resources
As with any development, there will be an increase in energy demand. Government programs such as Energy Star help builders, developers and homeowners conserve energy and protect the environment while performing everyday tasks in and around their houses. The programs advocate and support the use of appliances that meet guidelines set forth by the Environmental Protection Agency and US Department of Energy. Appliances that are approved by Energy Star carry out the same functions as regular appliances, but do so utilizing less energy and resources.
Additional ways to conserve even more energy can be incorporated into the building construction. Using Energy Star approved building material helps reduce the amount of heat lost during the winter time and cool air during the summer time. Using energy saving light bulbs will also reduce the amount of energy required for light while extending the life of the bulb, a cost savings for residents.
THE OVERLOOK AT KIDD FARM 7-150 Engineering Properties, PC
8.0 Irreversible and Irretrievable Commitment of Resources
The project will require a commitment of resources that will not be replaceable including building material such as brick, lumber, pavement, concrete and piping. There will also be an increase in demand for utilities such as water, sewer, gas and electric, and as previously mentioned, the project will create an additional 12.65 acres of impervious surface.
THE OVERLOOK AT KIDD FARM 8-151 Engineering Properties, PC
9.0 Appendices
A. SEQRA Documentation
B. Stormwater Pollution Prevention Plan
C. Soils Investigation Report
D. Engineer’s Report and Specifications for the Water System
E. Engineer’s Report for the Sewer Main Extension
F. Traffic Study Report
G. Garling Associates, School Age Children Analysis
H. National Association of Home Builders, Metro Area Impact of Home Building in Dutchess and Orange Counties, NY
I. Fiscal Impact Study, Walden Fire Department Letter
J. Cultural Resources Study: Phase 1A Literature Review & Sensitivity Analysis, Phase 1B Archaeological Field Reconnaissance Survey and Phase 2 Archaeological Investigation
K. Alternative Plan ALT-2, Conventional Development
L. Alternative Plan ALT-3, Alternative Site Plan
M. Full Plan Set
THE OVERLOOK AT KIDD FARM 9-152