52 North Broadway Redevelopment CITY OF WHITE PLAINS, WESTCHESTER COUNTY, Plan for the Unanticipated Discovery of Archaeological Resources

DRAFT

Prepared for: WP Development NB LLC 200 Madison Avenue New York, NY 10016

Prepared by:

440 Park Avenue South New York, NY 10016 www.akrf.com

March 2020

Plan for the Unanticipated Discovery of Archaeological Resources

A. INTRODUCTION AND PROJECT BACKGROUND WP Development NB LLC (the Applicant) is proposing to redevelop an approximately 16-acre site located at 52 North Broadway in the City of White Plains, Westchester County (see Figure 1). The Project Site was formerly owned by the Sisters of the Divine Compassion and was used for both religious (e.g., Convent and Chapel) and educational purposes (i.e., Academy of Our Lady of Good Counsel). The Project Site contains 12 buildings and several surface parking lots throughout the campus (see Figure 2). An approximately 13-acre portion of the Project Site is located within the boundaries of the Good Counsel Complex, which is listed on the State and National Registers of Historic Places (S/NR). Nine of the twelve buildings on the Project Site are contributing to the historic significance of the Good Counsel Complex. In addition, Mapleton building, which is a contributing building to the Good Counsel Complex, is individually S/NR-listed. The proposed redevelopment of the Project Site would involve the demolition of six buildings and part of the Convent that are contributing to the Good Counsel Complex in order to facilitate construction of three new residential components—a multi- family building, townhouses, an integrated assisted living/memory care and independent living facility—within a campus-like setting that would include vehicular, pedestrian, and bicycle circulation systems and a site-wide landscaping program. The Chapel (the “Church of the Divine Compassion”) and the Mapleton building would be retained, along with the west wing of the Convent. The Chapel and the Mapleton building would continue to be used by the Sisters and the west wing of the Convent would be programmed as part of the new multi-family building. The Proposed Project is subject to the New York State Environmental Quality Review Act (SEQRA). Pursuant to SEQRA, consultation regarding the project was initiated with the New York State Office of Parks, Recreation, and Historic Preservation (NYS OPRHP). In a comment letter dated January 22, 2016, NYS OPRHP determined that the Project Site is not archaeologically sensitive. However, members of the community have expressed concerns regarding the potential sensitivity of the Project Site for archaeological resources associated with the Site’s precontact (Native American) occupation and with documented activity in the area associated with the during the Revolutionary War. This Unanticipated Discoveries Plan (UDP) has been prepared in response to these concerns and outlines potential archaeological resources that may be present on the Project Site and includes protocols that will be followed in the event that artifacts or features are unexpectedly encountered during the construction of the Proposed Project.

B. PURPOSE OF THE UNANTICIPATED DISCOVERIES PLAN This UDP outlines the procedures to be completed in the event that unanticipated archaeological cultural materials—defined here as tangible evidence of Native American and/or historic period occupation of the area—are encountered during construction of the 52 North Broadway development project. The goal of the UDP is to allow the developer, WP Development NB LLC, to have a protocol in place in case unanticipated archaeological materials are encountered so that appropriate measures can be taken to investigate/document/salvage artifacts while minimizing construction disruption.

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This UDP lists the types of archaeological materials that could potentially be encountered, describes the procedures to be followed if archaeological remains are encountered, and sets up a chain of command regarding notification of finds among the Contractor/Construction Manager, WP Development NB LLC, and the Applicant’s archaeological consultant that will provide the archaeological personnel.

C. CONTACT INFORMATION Construction Manager: {To Come}

WP Development NB LLC Project Manager: {To Come}

Archaeological Consultant: {To Come}

D. SUMMARY OF THE DEVELOPMENT AND OCCUPATION OF THE PROJECT SITE

PRECONTACT OCCUPATION OF THE PROJECT SITE The precontact period refers to the time when the northeastern United States was occupied by Native Americans before contact with Europeans in the 17th century. Precontact archaeological sites have been documented across Westchester County and at least five archaeological sites have been identified within one mile of the Project Site as mapped in the New York State Cultural Resources Information System (CRIS).1 It is possible that some form of Native American activity (e.g., long- or short-term occupation, resource acquisition, or tool production) occurred on the Project Site; however, the extent to which the Site was occupied during the precontact period is unknown.

THE BATTLE OF WHITE PLAINS The Project Site is located in the general vicinity of where the Battle of White Plains was fought on October 28, 1776, toward the beginning of the Revolutionary War. A map of the battle produced by Charles Smith in 1797 depicts troop movements across much of what is now southern Westchester County in the vicinity of White Plains and along the coast of the Hudson River between Dobbs Ferry and the Croton River. Given the vast extent of troop movements in the area, it is possible that activity relating to the battle and the days before and after occurred in the vicinity of the Project Site. Such activity could have been directly related to fighting, to the movement of troops, or short-term camping.

HISTORIC PERIOD OCCUPATION AND DEVELOPMENT White Plains was a densely developed settlement by the mid-19th century. The majority of the Project Site was included within the 19th century estate of Eugene T. Preudhomme, whose home was constructed in 1856. The home was later owned by John W. Tilford, who sold it to the Sisters of Divine Compassion in 1891 (Sister Mary Teresa 1962). In 1895, the Tilford House was relocated on the Site by the Sisters in order to construct the Chapel. The Sisters purchased the estate to the south in 1894

1 https://cris.parks.ny.gov

DRAFT: March 2020 2 AKRF, Inc. 52 North Broadway, White Plains, NY: Archaeological Unanticipated Discoveries Plan from Nathan H. Hand. The estate contained the 1867 Mapleton building, which was initially owned by the Dusenbury family. Most of the buildings in the Good Counsel Complex were developed by the Sisters between 1890 and the 1930s as the property was developed with a school (the existing House of Nazareth, completed 1891-1894), the Chapel (completed in 1897), and the Convent (1908 and 1923). Most recently, the Good Counsel Complex was used for both religious purposes and as a school campus known as the Good Counsel School, which included day care and elementary through high school facilities. The Good Counsel School was closed by the Sisters in 2015, prior to the acquisition of the Project Site by WP Development NB LLC.

E. TYPES OF ARCHAEOLOGICAL RESOURCES THAT COULD BE ENCOUNTERED

PRECONTACT ARCHAEOLOGICAL RESOURCES Precontact sites rarely survive in highly developed/urban areas, largely because precontact deposits tend to be shallowly buried and are vulnerable to disturbance from historical land use and development. Native American resources that have been encountered in the region include (but are not limited to) shell heaps, wampum, pottery, grinding stones (e.g., mortars and pestles), stone tools or projectile points (arrowheads, spear points), and stone flakes that are byproducts of tool-making.

ARCHAEOLOGICAL RESOURCES ASSOCIATED WITH 18TH CENTURY MILITARY ACTIVITY As described above, the Project Site and surrounding area may have been the scene of military activity during the Battle of White Plains in 1776. Archaeological resources associated with such activity could include features such as earthworks, hearths, or postholes marking tent locations. Artifacts associated with such activity could include ordnance such as musket and cannon balls, gun flints, whole or fragmented weapons (e.g., guns, cannon, bayonets, swords/knives, axes, etc.), coat buttons, belt and shoe buckles, leather objects (e.g., shoes or storage pouches), or personal objects and tools carried by soldiers, such as clay smoking pipes or utensils.

DOMESTIC RESOURCES DATING TO THE 19TH AND 20TH CENTURIES

DOMESTIC SHAFT FEATURES Prior to the creation of municipal sewer and water supply systems, residents of Westchester County relied on shaft features such as cisterns, wells, and privies for water-gathering and sanitation. Wells were hand-excavated to serve individual lots, multiple lots, or entire neighborhoods and would be excavated at least as deep as the water table, and sometimes deeper, to access potable water. Cisterns were constructed to collect rainwater, which could be used for purposes other than human consumption. Privies, or the pits beneath outhouses, generally consisted of hand-excavated shafts, sometimes lined with wood or stone. The depth of privies varied widely depending on soil permeability and other factors. Most often, privies were located in rear yards, and sometimes drained into a communal cesspool. After houses were connected to municipal water and sewer networks, these shaft features were often filled with household garbage, thus providing archaeologists with a chance to study the cultural remains of a particular household or neighborhood.

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OTHER TYPES OF DOMESTIC FEATURES AND MIDDENS As described above, several 19th century estates were located within the boundaries of the Project Site. In addition to the shaft features described above, archaeological materials associated with the historic occupation of the Site could include surface or sheet midden (garbage) containing domestic artifacts such as ceramics (e.g., cups, saucers, and plates), glass artifacts (e.g., whole or fragmented bottles, glass dishes, or window glass), utensils used for eating and cooking, clothing (e.g., shoes, buttons, and buckles), personal items (e.g., coins, tobacco pipes), recreational items (e.g., marbles, ceramic doll parts, dice, and spinning tops), health-related items (e.g., medicine and pharmaceutical bottles, syringes), and items related to the consumption of food and the preparation of meals (e.g., cherry pits, nut shells, clam and oyster shells, and butchered animal bones, etc). Resources could also include foundation remnants from older structures or artifacts related to demolished buildings (e.g., nails, window glass, door knobs, and hardware such as hinges or bolts).

HUMAN REMAINS A crypt and burial vaults are located within the basement of the existing Chapel located on the Project Site that have been used for the interment of the Mother Mary Veronica and Monsignor Thomas S. Preston, who founded the order, and members of the community (Sister Mary Teresa 1962). The Chapel and the human remains interred within would not be affected by the Proposed Project. There are no other documented cemeteries or burial grounds on the Project Site. While human remains are not expected to be encountered during the construction of the Proposed Project, this UDP includes protocols that must be followed in the event that human remains or suspected human remains are observed during construction.

F. UNANTICIPATED DISCOVERIES PLAN This document outlines the procedure for managing unanticipated discoveries of cultural materials and human remains during construction. These procedures are in accordance with the Standards for Cultural Resources Investigations and Curation of Archaeological Collections in New York State issued by the New York Archaeological Council (NYAC) in 1994 and subsequently adopted by OPRHP.

RESPONSIBILITIES The Construction Manager will undertake responsibility for the implementation of this Unanticipated Discovery Plan. The Construction Manager will file this Unanticipated Discoveries Plan on-Site throughout the course of the construction of the project. Any archaeological resource discoveries that require reporting and notification to the Construction Manager include:

1. Any human remains (e.g, bones or teeth) or suspected human remains; 2. Any recognizable, potentially significant concentrations of artifacts, features, or other evidence of human occupation as described above in Section E, “Types of Resources that Could Be Encountered.”

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PROCEDURES FOR THE DISCOVERY OF ISOLATED/SCATTERED FINDS The following procedures must be adhered to in the event of an unanticipated discovery of isolated or scattered finds: 1. Any isolated/scattered yet recognizable cultural resource finds from the categories described above (such as an lithic point/arrowhead, large or complete pieces of pottery or ceramics, whole bottles, tool, etc.) shall, if encountered, be set aside by the Contractor for storage by WP Development NB LLC and the location of the item noted on a map or site plan. 2. The Contractor shall notify the Construction Manager, who shall be responsible for ensuring the artifact(s) are properly stored and the find location duly noted. 3. The Construction Manager shall notify WP Development NB LLC Project Manager of any finds.

PROCEDURES FOR THE DISCOVERY OF ARCHAEOLOGICAL FEATURES OR ARTIFACT CONCENTRATIONS The following procedures must be adhered to in the event of an unanticipated discovery of artifact concentrations or archaeological features. A concentration of artifacts is here defined as a thick deposit of artifacts at least one foot wide and a minimum of one foot deep. If a concentration of artifacts or a feature (such as a shaft feature as described above) is encountered, the following procedures would be followed: 1. The Contractor must stop work immediately in the area of the find to protect the integrity of the find. 2. The Contractor will immediately notify the Construction Manager of the find. 3. The Construction Manager will immediately notify the WP Development NB LLC Project Manager and the Archaeological Consultant of the find. The notification will include the specific location of the discovery within the disturbed area of the Project Site and the nature of the discovery. The Construction Manager will identify the location and date of the discovery on the project plans and have the location of the find flagged/fenced to insure safety and avoidance of impacts. The Construction Manager will direct the Contractor to continue work in another portion of the area. 5. The Archaeological Consultant will coordinate an on-Site visit to evaluate the find by the next business day after notification and will conduct an initial assessment. This evaluation will take up to one hour. The Contractor will not restart work in the area of the potential archaeological resource until the Construction Manager has granted clearance. Clearance will be granted after the Archaeological Consultant determines that the archaeological resource has been fully examined. The Archaeological Consultant will immediately notify the WP Development NB LLC Project Manager regarding the preliminary significance of the find. If the unanticipated find is determined to be potentially significant by the Archaeological Consultant, the following procedures would be followed: 1. The WP Development NB LLC Project Manager will direct the Archaeological Consultant to begin a more detailed assessment of the find’s significance and the potential effect of construction. 2. If the find is determined to be significant, and continuing construction may damage more of the find, then the WP Development NB LLC Project Manager in consultation with the Archaeological Consultant will determine if consultation is required by NYS OPRHP regarding appropriate measures for find treatment.

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These measures may include:  On-Site documentation of the feature in situ (in place);  Visits to the site by the NYS OPRHP and WP Development NB LLC staff;  Preparation and implementation of a data recovery plan; and  Approval to resume construction following completion of the archaeological fieldwork component. 3. The WP Development NB LLC Project Manager will notify the on-site Construction Manager who will grant clearance to the Contractor to start work. 4. The Archaeological Consultant shall prepare a memorandum describing the nature of the find and the course of action taken for submission to the WP Development NB LLC Project Manager.

G. UNANTICIPATED DISCOVERY OF HUMAN REMAINS PROTOCOL According to NYAC policy, the discovery of human remains and items of cultural patrimony as defined by Section 3001 of the Native American Graves Protection and Repatriation Act (NAGPRA) requires special consideration and care. The following procedures will always be adhered to if unanticipated discovery of human remains or suspected human remains occurs during subsurface investigations at the Site. At all times, human remains or suspected human remains must be treated with the utmost dignity and respect. 1. In the event that human remains or suspected human remains are encountered, excavation will immediately stop to protect the integrity of the find. The location of the find will be flagged or fenced to ensure the safety of the human remains or suspected human remains and to avoid potential impacts. 2. The Contractor will immediately notify the Construction Manager who shall notify the WP Development NB LLC Project Manager and the Archaeological Consultant. The notification will include the specific location of discovery within the disturbed area of the Site and the nature of the discovery. 3. If the find is determined to be human remains or if the find is ambiguous, the WP Development NB LLC Project Manager will immediately notify local law enforcement agencies/call 911 as appropriate. 4. If the find is determined to be human remains or if the find is ambiguous, the archaeological consultant will promptly notify NYS OPRHP, as appropriate, and any other parties as necessary of the find. Other parties will be notified as indicated by any applicable city and state laws. OPRHP Contact: Philip A. Perazio Historic Preservation Program Analyst—Archaeologist New York State Office of Parks, Recreation, and Historic Preservation, Division for Historic Preservation Telephone: (518) 268-2175 Address: P. O. Box 189, Waterford, NY 12188-0189 Express Mail Address: Delaware Avenue, Cohoes, New York 12047 E-mail: [email protected]

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5. If local law enforcement agencies determine that the remains are historical and not a recent burial/crime scene, the Archaeological Consultant will begin a more detailed archaeological assessment of the find’s significance and the potential impact of construction. 6. If it is determined that intact interments are present and may be disturbed by continuing excavation, additional measures will be established to avoid or mitigate further damage. These measures may include:  Visits to the site by NYS OPRHP and other parties as appropriate;  Attempts by the WP Development NB LLC Project Manager to notify next of kin (if identifiable);  Protection of intact graves (such as through covering with plastic sheeting, burial beneath clean fill);  Documentation of the exact location of known burials;  Preparation of a mitigation plan including procedures for disinterment and re- interment;  Implementation of the mitigation plan; and  Approval to resume construction following completion of the fieldwork component of the mitigation plan. 7. If the find is determined to be an isolated disarticulated, displaced human bone(s) or completely disturbed by previous construction activities, then the WP Development NB LLC Project Manager will consult with NYS OPRHP, and will request approval to resume construction, subject to any further mitigation that may be required by city, state and/or federal law. 8. Upon the completion of the archaeological evaluation, the implementation of a mitigation plan (if necessary), and approval from NYS OPRHP, the WP Development NB LLC Project Manager will notify the on-site Construction Manager who will grant clearance to the Contractor to restart work.

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REFERENCES CITED Sister Mary Theresa, RDC 1962 The Fruit of His Compassion: The Life of Mother Mary Veronica, Foundress of the Sisters of the Divine Compassion. New York: Pageant Press.

Smith, Charles 1796 The engagement on the White Plains, the 28th of October 1776 Between the American and British Forces. Engraved by D. Martin.

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