HomeMy WebLinkAbout20200574 Excelsior Park SUP SEQR Statement of findings tit? of LEWIS J.BENTON
• ��.�1 1 1/ ® Chair
- r PLANNING BOARD
NANCY BUTCHER
` r ; CITY HALL Vice Chair
i ; • Y 474 Broadway
j Saratoga Springs, New York 12,866 GEOFF BORNEMANN
-�: City Planner
Telephone 518-587-3550
�cOk�ORATcc 1p`h Fax 518-580-9480 NICOLE LIENHARD
Administrative Assistant
ST TFIVIE T OF FINDINGS
FACFLSIOR PARK PROJF,'CT
Lead Agency Findings: Excelsior Park Special Use Permit Application
RESOLUTION ADOPTED BY THE PLANNING BOARD OF THE CITY OF
SARATOGA SPRINGS CONTAINING SEQRA FINDINGS ON THE SPECIAL USE
PERMIT REQUESTED BY J.W. PFIEL& COMPANY, INC., and WITT
CONSTRUCTION, INC.
WHEREAS, a Petition was filed by the Applicants on or about September 19, 2001,
requesting the City Planning Board of Saratoga Springs to issue a Special Use Permit for
the development of a mixed use project in the Outer Excelsior Avenue District, and
WHEREAS, said Application was appropriately filed along with required
environmental assessment forms and all fees paid, and
WHEREAS, the Planning Board thereafter circulated the required notice pursuant to
the State Environmental Quality Review Act("SEQRA"), Environmental Conservation
Law ("ECL")Article 8 and implementing regulations contained in 6 N.Y.C.R.R. Part
617, seeking to designate itself as the lead agency in the review of this Type I action and
determined that a draft environmental impact statement (hereinafter the "Draft
Environmental Impact Statement" or "DEIS")be prepared by the Applicants, and
WHEREAS, the Planning Board retained the services of The New York Planning
Federation, The Martin Law Finn and Creighton Manning Engineering, P.C. (the
"Consultants") as environmental, legal and engineering consultants to review the DEIS
on behalf of the City, and
WHEREAS, the Planning Board by resolution scheduled public scoping sessions
for the DEIS which were held on January 8, 2002 and January 10, 2002,at which time
all interested and involved agencies and members of the public were given an opportunity
to be heard with regard to the scope and content of the DEIS, and
SEQR Statement of Findings—Excelsior Park Project 1
WHEREAS, the Planning Board provided an additional opportunity for interested
persons to comment on the scope of the DEIS by providing written comments on or
before January 24, 2002 , and
WHEREAS, on February 13, 2002, the Planning Board provided to the Applicant a
Final Scoping Document regarding issues to be addressed in the DEIS, and
WHEREAS, on April 12, 2002, the Applicants submitted a proposed DEIS, with
several Appendices 1-12, to the Planning Board and the Consultants for their review and
in addition provided copies to all interested and involved agencies and the public, and
WHEREAS, the Planning Board received and carefully reviewed and thoroughly
considered numerous comments on the proposed DEIS, and
WHEREAS, on or about May 22, 2002, the Consultants after a thorough review of the
DEIS and comments thereon recommended to the Planning Board that the DEIS be
accepted as complete with respect to its scope, content and adequacy, and
WHEREAS, at a Planning Board meeting on May 22, 2002, the Planning Board
determined that the DEIS was complete with respect to its scope, content and adequacy,
and ordered its circulation as required by law and scheduled a public hearing on the DEIS
for June 20, 2002, and
WHEREAS, a combined Notice of Completion of the DEIS and SEQRA Public
Hearing, as well as the DEIS itself,were filed,published and circulated to the appropriate
agencies as required by law, and
WHEREAS,pursuant to the intent of SEQRA and the regulations promulgated
thereunder that the environmental review process be integrated into existing agency
review processes to the maximum degree feasible and occur at the same time as other
agency reviews are being undertaken, the Planning Board scheduled a SEQRA public
hearing on the DEIS, and
WHEREAS, notice of the said public hearing was published and posted in accordance
with applicable provisions of the SEQRA regulations, and
WHEREAS, a public hearing was held on June 20, 2002, at which time all persons
attending who wished to be heard with respect to the DEIS were given an opportunity to
be heard, and
WHEREAS, at Planning Board meetings on September 19, 2001, October 2, 2001,
October 17, 2001,November 14, 2001, December 19, 2001, February 6, 2002, May 1,
2002,May 22, 2002, June 20, 2002, July 10, 2002, July 24, 2002, September 25, 2002,
September 30, 2002, October 2, 2002, and October 16, 2002, comments and discussion
were received and considered relating to the application and the DEIS, which comments
have been examined and considered by the Planning Board in addition to the comments
received at the public hearings held on September 19, 2001, October 3, 2001, October 17,
2001,November 14, 2001, June 20, 2002, October 2, 2002, and October 16, 2002, and
WHEREAS, the Consultants submitted memoranda to the Planning Board presenting
their views and comments with respect to both the DEIS and the FEIS, which comments
have been examined and considered by the Planning Board, and
WHEREAS, the Applicant proceeded with the drafting of a FEIS for the consideration
and review by the Planning Board and its Consultants, and
WHEREAS,the Consultants to the Planning Board carefully reviewed and revised the
draft FEIS and presented it to the Planning Board, and
WHEREAS, members of the Planning Board carefully reviewed and thoroughly
SEQR Statement of Findings-Excelsior Park Project 2
considered the proposed FEIS and the recommendations of the Consultants with regard to
the adequacy and completeness of the FEIS, and
WHEREAS, on September 30, 2002, the Planning Board voted to issue the FEIS and
cause the FEIS, along with a Notice of Completion of FEIS, to be filed and circulated in
accordance with the SEQRA regulations, including the filing of the FEIS in the public
library in the City of Saratoga Springs, and
WHEREAS, the Planning Board has allowed public consideration of the FEIS to a
greater extent than required by law, and
WHEREAS, the Planning Board has received additional comments during this public
consideration period, which comments have been carefully considered by the Board, and
WHEREAS, the Planning Board has reviewed and carefully considered the FEIS, as
well as all written and oral comments received with respect to the DEIS and the FEIS;
NOW THEREFORE BE IT RESOLVED that the Saratoga Springs Planning
Board hereby determines that the requirements of Part 617,New York Code of Rules and
Regulations, Title 6, have been met and
i. Consistent with social, economic and other essential considerations from among
the reasonable alternatives thereto, the action to be approved is one which minimizes or
avoids adverse environmental effects to the maximum extent practicable, including the
effects disclosed in the FEIS, and
ii. Consistent with social, economic and other essential considerations, to the
maximum extent practicable, adverse environmental effects revealed in the FEIS process
will be minimized or avoided by incorporating as conditions those mitigative measures
which were identified as practicable.
In making its findings and determinations under SEQRA, the Planning Board has relied
upon the facts and conclusions in the FEIS and the environmental record upon which it is
based and, without intending to limit the foregoing, in particular, upon the environmental,
social, economic and other factors set forth below, all of which form the basis of the
Planning Board's action:
Project/SEQRA Background
J. W. Pfeil & Company, Inc. and Witt Construction Company (collectively "the
Applicant") have applied to the Saratoga Springs Planning Board for a Special Use
Permit for the development of a 55-acre parcel located at the southwest corner of the Exit
15 interchange with the Adirondack Northway. As proposed in the Applicant's submittal,
the development would consist of a mix of residential, office and small-scale commercial
uses, including a possible hotel and automobile dealership. Before any permits may be
given, the Planning Board must comply with the New York State Environmental Quality
Review Act(SEQRA), which requires a thorough review of the potential environmental
impacts of the project.
In its review, the Planning Board has been guided by the rules and regulations
regarding the legislative intent of SEQRA, which reads, in part, as follows: "It was the
intention of the Legislature that the protection and enhancement of the environment,
human and community resources should be given appropriate weight with social and
SEQR Statement of Findings—Excelsior Park Project 3
economic considerations in determining public policy, and that those factors be
considered together in reaching decisions on proposed activities. Accordingly, it is the
intention of this Part that a suitable balance of social, economic and environmental
factors be incorporated into the planning and decision-making processes of State,
regional and local agencies...." (6 NYCRR Sec. 617.1(d))
The SEQRA process is intended to produce consensus among the parties that, in turn,
allows growth that protects the environment. As the process moves from draft through
final form, it allows decisions to progress in an orderly and factual manner through which
a reasonable project can be distilled. The process is meant to promote dialogue based on
facts leading to decisions. The content of environmental impact statements is to be
guided by criteria set forth in §617.9,parts of which are quoted below:
"An EIS provides a means for agencies to give early consideration to environmental
factors and facilitate the weighing of social, economic and environmental issues in
planning and decision-making...An EIS should assemble relevant and material facts upon
which an agency's decision is to be made, should identify the essential issues to be
decided, and should evaluate all reasonable alternatives. EIS's shall be analytical and not
encyclopedic...EIS's should address only those specific adverse or beneficial
environmental impacts which can be reasonably anticipated and/or have been identified
in the scoping process."
"EIS's should not contain more detail than is appropriate considering the nature and
magnitude of the proposed action and the significance of its potential impacts."
A. The SEQRA Process To Date
Applicant's initial application was made to the Saratoga Springs Planning Board in
August, 2001.
On November 19, 2001, the Planning Board sent a letter to involved agencies
describing the project as a Type 1 Action according to NYCRR §617.4 and stating its
interest in assuming Lead Agency status for the purpose of conducting a coordinated
review.
On December 19, 2001, having received responses from involved agencies, the
Planning Board declared itself Lead Agency.
On December 20, 2001,pursuant to 6 NYCRR 617.7, the Planning Board issued a
"Positive Declaration," determining that the proposed action had the potential to produce
significant environmental impacts, and stating that an Environmental Impact Statement
(EIS) will be prepared.
On May 22, 2002, the Planning Board accepted as complete the Draft Environmental
Impact Statement submitted by the Applicant. The Planning Board then held a public
meeting on June 20, 2002, to receive public comment on the project.
Pursuant to SEQRA, the Planning Board has now prepared the Final Environmental
Impact Statement for this project. This FEIS consists of:
® The Draft Environmental Impact Statement incorporated by reference (copies of
the DEIS are available at the Planning Board offices in City Hall);
SEQR Statement of Findings—Excelsior Park Project 4
® Revisions, corrections and supplements to the DEIS based upon Board review and
public comment;
® The substantive comments received during the SEQRA review process;
• The response of the Saratoga Springs Planning Board to those comments.
B. SUMMARY: Brief Description of Proposed Action
The proposed Excelsior Park project as submitted by the Applicant involves the
development of up to 150,000 square feet of non-residential/office space and up to 270
residential units. The non-residential/office space is proposed to include office and
small-scale commercial uses, a 120-room hotel, a daycare center, a health and beauty spa,
an automobile showroom/service center and limited neighborhood type retail. The
residential units will consist of multi-family units, townhomes and 3 single-family
residences. Approximately 27 acres of the 55-acre project site, roughly half of the project
site, will be established as a Preserve that will include publicly available parking,
walking/biking trails, a Preserve overlook and a boardwalk crossing of Spring Run.
Excelsior Park's architectural design is intended to be reflective of Saratoga Springs'
historic buildings and its overall site design will be guided by new urban and sustainable
development principles. Guidelines include closely-spaced, multi-story buildings facing
tree-lined streets and sidewalks, relatively high density to minimize land consumption yet
create a critical mass of uses and activities,pedestrian oriented architecture and
walkways, well-designed buildings, with articulated facades, that reflect the regional
climate and that will last and be flexible to allow for future adaptations, well-screened
and basement parking areas,preservation of natural features, durable building materials,
convenience-style retail services within walking distance of employees and residents, a
variety of residential and commercial options, and attractive, safe public spaces, all of
which help create a successful neighborhood and a sense of place.
The proposed project, including the proposed 27-acre Preserve, is intended to be
consistent with the following open-space recommendations provided in the 1994 "Open
Space Plan for Saratoga Springs": the development of new areas for passive recreation,
including the Spring Run Area, the preservation of wetlands, the protection of stream
corridors, including lands adjacent to Spring Run, the protection of scenic or visual
qualities of entranceways to the City using architectural and site plan design review,
establishing special zoning districts and applying more stringent performance standards
to development proposals, including Route 50 north to Exit 15, and the development of
bikeways and trails.
The proposed project, including the proposed 27-acre Preserve and public trail
connection, is intended to be consistent with the following Open Space goals provided in
the City's current Comprehensive Plan: to encourage quality development clearly
balanced with the preservation,protection and enhancement of open space, to provide
high quality outdoor recreation areas and facilities and community that is linked by
SEQR Statement of Findings—Excelsior Park Project 5
walking and bicycles trails, to protect and enhance natural features such as stream
corridors and wetlands, to accommodate the City's growing trail and recreational system
and to promote greater accessibility to existing areas, to provide public recreation areas
including trails and open spaces primarily put to passive use, to promote development
that contributes to new or existing open spaces, and to develop adequate and diverse
active and passive recreational areas and facilities and to encourage their frequent use
through appropriate location and design.
It is anticipated that full buildout of the project will occur within approximately ten years
and will be built in four phases.
Based upon concerns and issues that were raised during the SEQRA review process and
for the purpose of mitigating potential environmental impacts of the project as proposed,
the scope of the project has been reduced as follows.
The Excelsior Park project as currently proposed would involve the development of up to
130,000 square feet of non-residential/office space and up to 230 residential units. The
non-residential/office space is proposed to include office and small-scale commercial
uses, a 120-room hotel, a daycare center, a health and beauty spa, and limited
neighborhood type retail. No automobile dealership is included.
The following specific uses presented by land use category will be permitted within the
project subject to Site Plan review and approval:
■ Office uses, including Business Office and Professional Office
■ Manufacturing uses, including Light Manufacturing, Research and Development,
Laboratory, and Printing, Publishing or Engraving
■ Institutional uses, including Educational facilities
■ Service uses, including Hotel (including meeting rooms, restaurant, news shop,
health club), Health and Beauty Spa, Training and Educational Services, and Day
Care Facility
■ Residential uses, including Multi-Family Residences (Apartments and
Condominiums), Single Family Residences (Attached and Detached), Two
Family Residences (Duplexes), and Artist Studios
■ Accessory Uses, including the following:
a. General retail uses but only if accessory to a permitted principal uses and
with no one establishment exceeding 3,000 gross square feet in size:
1. Café
2. Bakery
3. Deli-Sandwich Shop
4. Barber/Beauty Shop
5. Neighborhood Convenience Store
6. Art Gallery
7. Eating and Drinking Establishment
b. Facilities for residents and employees:
1. Residential Recreational Facility
2. Storage Facilities
SEQR Statement of Findings—Excelsior Park Project 6
3. Indoor Swimming Pool
4. Indoor Racquet Courts
5. Greenhouses (non-commercial)
6. Family and Group Family Day Care
7. Solar/Heating/Ventilation Equipment
8. Antennas and Satellite Dishes
9. Home Occupation
10. Temporary Accessory Dwelling
The total amount of square footage of nonresidential land uses in the project shall not
exceed 110,000 square feet in the aggregate. However, the total number shall be
increased to 130,000 square feet, if the additional 20,000 square feet is a preferred use
(any office or manufacturing use). The maximum square footage that will be dedicated
to the types of nonresidential uses approved for the development will be established at
Special Use Permit in order to ensure a mix of land uses in the project and diversity and
integration of uses in the neighborhood.
The maximum number of dwelling units in Excelsior Park if no affordable housing
component is included will be 200 dwelling units.
If the owner/developer agrees to reserve at least 15% of the dwelling units in Excelsior
Park for occupancy at a level affordable to moderate income households utilizing no
more than 30% of their income for housing, the maximum number of total units
permitted in Excelsior Park shall be 230 dwelling units. The dwelling units reserved for
moderate-income households shall be intermingled throughout the development, rather
than separated into one or several buildings in the development. The total number of
dwelling units that will be constructed in Excelsior Park if the owner/developer exercises
this option will be 230 units.
Moderate-income households shall be defined as households with an income of less than
80% of the median household income for the Albany/Schenectady/Troy Metropolitan
Statistical Area. This provision for moderate-income housing shall be perpetual and shall
be monitored by the City's Office of Community Development. The reserved units will
be subject to rent and/or sales price and income restrictions at initial occupancy and at re-
rental or resale.
Provision of moderate-income housing units in the development may be staged. None of
the units for moderate-income households will be required to be constructed in the first
100 dwelling units of the project.
The following has not been modified. Approximately 27 acres of the 55-acre project site,
roughly half of the project site, will be established as a Preserve that will include publicly
available parking,walking/biking trails, a Preserve overlook and a boardwalk crossing of
Spring Run.
SEQR Statement of Findings—Excelsior Park Project 7
Excelsior Park's architectural design is intended to be reflective of Saratoga Springs'
historic buildings and its overall site design will be guided by new urban and sustainable
development principles. Guidelines include closely-spaced, multi-story buildings facing
tree-lined streets and sidewalks, relatively high density to minimize land consumption yet
create a critical mass of uses and activities, pedestrian oriented architecture and
walkways, well-designed buildings, with articulated facades, that reflect the regional
climate and that will last and be flexible to allow for future adaptations, well-screened
and basement parking areas, preservation of natural features, durable building materials,
convenience-style retail services within walking distance of employees and residents, a
variety of residential and non-residential options, and attractive, safe public spaces, all of
which help create a successful neighborhood and a sense of place.
The proposed project, including the proposed 27-acre Preserve, is intended to be
consistent with the following open-space recommendations provided in the 1994 "Open
Space Plan for Saratoga Springs": the development of new areas for passive recreation,
including the Spring Run Area, the preservation of wetlands, the protection of stream
corridors, including lands adjacent to Spring Run, the protection of scenic or visual
qualities of entranceways to the City using architectural and site plan design review,
establishing special zoning districts and applying more stringent performance standards
to development proposals, including Route 50 north to Exit 15, and the development of
bikeways and trails.
The proposed project, including the proposed 27-acre Preserve and public trail
connection, is intended to be consistent with the following Open Space goals provided in
the City's current Comprehensive Plan: to encourage quality development clearly
balanced with the preservation,protection and enhancement of open space, to provide
high quality outdoor recreation areas and facilities and a community that is linked by
walking and bicycles trails, to protect and enhance natural features such as stream
corridors and wetlands, to accommodate the City's growing trail and recreational system
and to promote greater accessibility to existing areas, to provide public recreation areas
including trails and open spaces primarily put to passive use, to promote development
that contributes to new or existing open spaces, and to develop adequate and diverse
active and passive recreational areas and facilities and to encourage their frequent use
through appropriate location and design.
It is anticipated that full buildout of the project will occur within approximately ten years
and will be built in four phases.
C. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
This section evaluates the potential adverse environmental impacts identified throughout
the SEQRA review process and measures that would mitigate, to the extent practicable,
those potential adverse effects. This section follows the same order as Sections 1, 2, 3,
and 4 of the DEIS, and is not intended to rank the potential adverse effects in numerical
order of magnitude.
SEQR Statement of Findings—Excelsior Park Project 8
1. Reviews, Permits and Approvals
Detailed plans, including layout, grading, drainage and erosion control,
landscaping, signage and lighting, and utilities, including water supply and
wastewater disposal, will be submitted for review by the Planning Board and
other City departments and consultants as part of site plan review.
• Applicant will receive approval of its site development plans as they affect
Niagara Mohawk's easement and electric lines from Niagara Mohawk prior to site
disturbance.
▪ Applicant will receive approval of its site development plans as they affect the
City's existing water line prior to site disturbance.
® Applicant will secure release of NYSDOT's drainage easement on the eastern
portion of the site prior to site disturbance.
® Applicant will coordinate with NYSDOT on review of the project as it pertains to
traffic issues as the project progresses through site plan review.
The uses proposed in the Outer Excelsior Avenue District (OEAD) for the
Excelsior Park project are subject to the same standards established in the
Comprehensive Plan as well as the City's Zoning Ordinance. The proposed
project is currently undergoing review under an application for a Special Use
Permit, and additional review of the proposed project will occur as part of the Site
Plan review process mandated by applicable City regulations.
2. Description of the Proposed Action
▪ The total square footage of the retail component of the project will be limited
to10,000 square feet, with no unit greater than 3,000 square feet.
® The major streets within the project will be constructed to City standards and
dedicated to the City. The lesser streets and alleys will be retained by the
development. The details for all streets and alleys will be included on the site
plans for approval by the Planning Board and other City departments. The lesser
streets and alleys will be consistent in size with similar travel ways in the City
such as Long Alley that parallels Broadway and Bolster Lane between Walton
and Van Dam that are currently accessible to municipal service providers.
® The project will have architectural guidelines very similar to the Downtown
Design Guidelines. These design guidelines will be a condition of the Special
Use Pemiit and will be implemented during Site Plan and Architectural Review of
the project components.
® Signage will be determined following issuance of the Special Use Permit. Signs
will comply with the sign code,be included in both Site Plan and Architectural
Review of the respective buildings, and be designed to be compatible with the
gateway into the City.
® The site plan will be further developed in preparation for Site Plan Review and
will clearly show the relationship of the respective buildings to the various streets
in order to create an urban streetscape with the buildings brought close to the
sidewalks, with parking beneath and behind the buildings.
SEQR Statement of Findings—Excelsior Park Project 9
® Utility layout and specifications will be provided at site plan review for review
and approval.
I. Visibility and screening issues will be addressed at Special Use Peunit and/or site
plan review and with NYSDOT. Applicant will work with NYSDOT on planting
plans and screening issues. Should NYSDOT develop more detailed plans for the
NYSDOT Route 50 improvements with regard to landscaping while Excelsior
Park is undergoing site plan review, the planting plans for those portions of
Excelsior Park in proximity to and visible along NY Route 50 will include
plantings that are consistent and harmonious with the size, shape, form and color
of those plantings proposed by NYSDOT for the Route 50 corridor.
® It is anticipated that the ownership and management of the undeveloped lands will
remain with the Applicant.
• Ownership of and responsibility for landscape maintenance will be a condition of
approval of the site plan.
• All phasing, including phasing of public improvements, will be detailed on the
site plans prior to site plan review by the Planning Board and the appropriate City
departments. All public improvements will be clearly indicated during site plan
review. It is anticipated that full buildout of the project will occur within
approximately 10 years.
▪ A homeowners' association or associations may be established. Also, it is
anticipated that the common areas of the development will be owned and
managed by the Applicant. Regardless of ownership, the Planning Board will
negotiate during permit reviews all conditions needed to ensure that common
areas are reserved in perpetuity and maintained.
® Details regarding parking, including the public parking to be provided at the
trailhead, will be reviewed and clarified during site plan review.
▪ Electricity will be brought into buildings in the site via underground electrical
lines.
® Specific amenity design features will be addressed by the Planning Board as part
of site plan review.
▪ The Planning Board will deteimine the acceptable development alternative and
impose conditions to minimize environmental impacts during either the Special
Use Permit or the site plan reviews.
® Infrastructure improvement cost details will be required to be provided at site plan
review.
3. Geologic and Topographic Resources
There are no geologic resources that could potentially be impacted by the proposed
project. Development of the project is primarily proposed on the flatter portion of the
site. The location of the proposed three single family homes is a previously disturbed
area that is generally level. Enhanced erosion control measures will be implemented to
prevent erosion and sedimentation. Construction of the project will occur over time so
that only a portion of the project site will be disturbed at any given time.
SEQR Statement of Findings—Excelsior Park Project 10
Mitigating measures required are as follows:
® Enhanced erosion control measures will be implemented at steeper areas of the site to
prevent potential erosion and sedimentation.
® All parking lots and roadways will be graded such that runoff will be directed to the
stormwater collection areas before being released into the drainage basin of Spring
Run.
® Roof drainage will be captured and conveyed to storage cisterns for use as irrigation
water. When the cisterns are full, captured roof runoff will be directed to the
stormwater management system.
• Grading, cutting, and filling will be limited to only those areas specified for
development and will be completed in as short a time as is practical in order to reduce
the potential for erosion and adverse effects on topography and slopes, as well as
surface water resources.
® The Planning Board and city staff will be provided with more detailed grading
analyses prior to site plan review.
® A State Pollutant Discharge Elimination System ("SPDES") General Permit for
Storm Water Discharges from Construction Activities from the NYSDEC is required
and will be obtained prior to commencement of any site disturbance. The final
Construction Stormwater Pollution Prevention Plan will be prepared and kept on the
project site for the duration of construction and will include the signatures of all
contractors responsible for installing and maintaining the erosion control practices
described in the plan, and all if its provisions implemented as required under the
permit.
® General practices to be incorporated in the Construction Stormwater Pollution
Prevention Plan include the following:
o Erosion preventative measures, such as jute mesh, filter-fabric silt fences
and/or staked hay bale filters,will be installed at the downhill sides of all
disturbed areas on the project site, and maintained during construction, as well
as after construction, up until the point when stabilization measures (i.e.,
revegetation) are satisfactorily established.
o Stockpiled topsoil will be surrounded with either filter fabric or silt fence.
o Any stockpiled topsoil that will not be used within two weeks will be seeded
with perennial ryegrass and mulched or covered with erosion control blankets.
o Any disturbed slopes greater than 15%will be stabilized using geotextile
fabric as soon as final grades are established.
o Silt fence installed below areas of slopes of more than 15% shall include
additional structural support such as wire fencing attached to the downslope
side of the fabric and support posts.
® Disturbed areas will be paved or revegetated as soon as practical after establishment
of final grades.
® If necessary, open and exposed areas will be watered regularly using a water truck to
reduce fugitive dust.
® Should the construction of the project proceed through winter months, a fall planting
of annual ryegrass will be applied to stabilize the site soils in anticipation of spring
thaws, rain, and runoff.
SEQR Statement of Findings—Excelsior Park Project 11
® The project will be developed in phases. A detailed construction phasing plan will be
submitted to the Planning Board for approval during the site plan review process.
® Construction of the project will be phased so that only a portion of the project site
will be disturbed at any given time. The following are approximate land areas that
will be affected in each phase: Phase 1 = 13.0 acres, Phase 2 = 6 acres, Phase 3 =3
acres, and Phase 4 =2 acres. Limiting the area disturbed at any given time limits the
potential for erosion and adverse affects on topography and slopes as well as surface
water resources.
® Construction of both of the project entrance roads from Excelsior Avenue, as well as
the internal road connecting the two access points, will be completed with the first
phase of development. Improvements to Excelsior Avenue within the City right-of-
way between Veterans Way and the project site will also be completed with the first
phase of development.
® Construction of the Preserve trail, parking, and related improvements will be
completed with the second phase of development.
i Additional offsite traffic improvements enumerated in the Traffic section will be
completed as outlined in that section.
® A more detailed construction impact mitigation plan, including but not limited to
noise, lights, dust, construction traffic routes, and permitted hours and days of
construction, will be developed prior to site plan approval.
® A prohibition on construction of an access road from Eureka or other neighboring
streets into the proposed development will be a condition of approval for either a
Special Use Permit or of site plan review.
4. Surface Water and Groundwater Resources
During construction on the project site there will be an increased potential for soil erosion
and sediment transport to Spring Run as a result of vegetation removal, compaction of
soils, and introduction of impervious services. Small areas of the headwaters of some
ravines that are tributary to Spring Run will be filled during site grading. Covering of
portions of the site with buildings and pavement could potentially decrease the amount of
precipitation that infiltrates the soil, thereby reducing the volume of groundwater flowing
beneath the site. The proposed project will not make use of ground water wells, nor will
wastes be disposed of using wells or leachfields and will therefore not affect the quantity
or quality of the ground water. Mitigative measures have been developed to prevent
erosional inputs into the Spring Run drainage system and to prevent impacts from
operational activities and operational landscaping activities.
The Applicant had originally proposed the use of stormwater detention basins as the
primary means for controlling stormwater. DEIS Section 3.2.2 and 3.2.3 (pages 3-6
through 3-9)has been amended to state that in order to reduce reliance on detention
basins to control stormwater, other stormwater control measures such as drywells and
infiltrators may be used as adjuncts in order to reduce the size and/or number of basins.
SEQR Statement of Findings—Excelsior Park Project 12
Specific stormwater control measures that meet local, State and Federal requirements will
be submitted and reviewed during Site Plan Review.
Mitigating measures required are as follows:
o The Applicant will establish and maintain erosion control measures such as silt fences
and staked hay bales between all disturbed areas and surface water features.
Disturbed areas will be quickly stabilized via revegetation or other means, including
use of geotextiles to stabilize exposed soils and promote vegetation establishment on
any disturbed slopes greater than 15%.
® The proposed project will comply with Section 240-12.20 of the City's Zoning
Ordinance, which describes the requirements for soil disturbing activities and the
requirement for an erosion control plan, including development and approval of such
a plan during the site plan review process, as required under Section 240.12.D.3 of
the Ordinance.
O In order to reduce reliance on detention basins to control stormwater, other
stormwater control measures such as drywells and infiltrators may be used as adjuncts
in order to reduce the size and/or number of basins. Specific stormwater control
measures that meet local, State, and Federal requirements will be submitted and
approved during site plan review. Approval of stormwater management plans (pre-
and post-construction)will be required prior to site disturbance.
® The maintenance of any basins and other stormwater control devices constructed at
Excelsior Park will be part of the overall landscape maintenance contract for the site
and not the responsibility of the City of Saratoga Springs, if not accepted by the City
for maintenance.
® Stornrwater basins will be constructed early in the construction phasing and will serve
as sediment basins during construction.
® If bulk petroleum storage will be performed on the site, this issue will be addressed
during site plan review by the Planning Board and all State requirements will be
adhered to, including NYSDEC's regulations pertaining to bulk petroleum storage.
® To avoid disruption of groundwater flow patterns, perforated drainage pipes will be
laid in the bottoms of the small areas of ravines that are to be filled in. These pipes
will continue to discharge through the ravines at the same points where the tributaries
in the ravines currently flow.
® During site plan review a detailed sediment and erosion control plan will be prepared
in compliance with NYSDEC General Permit GP 93-06, SPDES General Permit for
Stormwater Discharges Associated with Construction Activity, including appendices
E and F of the General Permit that detail the requirements for sediment and erosion
control plans. This general permit is scheduled to be superceded in late 2002 or the
spring of 2003. The Excelsior Park project will also meet the sediment and erosion
control requirements of the new General Permit once it is issued by NYSDEC.
® The Construction Stormwater Pollution Prevention Plan and the SPDES General
Permit will be approved and/or issued, as appropriate,prior to site disturbance. All
provisions in the Construction Stormwater Pollution Prevention Plan and the SPDES
General Permit will be adhered to. Provisions will include but are not limited to the
following:
SEQR Statement of Findings—Excelsior Park Project 13
® All construction vehicles used on site will be monitored for leaks and receive
regular preventative maintenance to prevent the chance of leakage of petroleum
products (gas, diesel fuel, or oil). Any vehicle found to be leaking fuel or
hydraulic fluid will be immediately repaired or removed from the site and the
leakage immediately remediated according to applicable laws and regulations.
® Petroleum products used during construction will be stored in tightly sealed,
approved containers that are clearly labeled.
® Any asphalt substances used on the site will be applied according to
manufacturer's directions.
® All paint containers will be tightly sealed and stored when not required for use.
Excess paint or materials from painting clean-up activities will be discharged to
stormwater infiltration or detention areas, nor to any locations which drain to
these areas.
® Concrete trucks will not be allowed to wash out or discharge surplus concrete or
drum wash water on the site.
® Stoiniwater catch basin sumps will be cleaned of silts annually or more often, as
necessary. The detention basins will be cleaned of silts on a regular, as-needed
basis. It is anticipated that this will occur once every three to five years.
® Heating fuel requirements will be met by natural gas, eliminating the need for bulk
supply and bulk storage of heating oil on the project site.
® Fertilizer use will be limited to ensure minimization of impact on Spring Run.
® Applications of pesticides, including but not limited to insecticides, fungicides, and
herbicides, will be reserved only for treatment of existing problems with pests,
pathogens, and noxious weeds. Pesticides will not be applied solely for preventative
purposes. Use will be limited to products registered for use in New York State by
NYSDEC. No applications will be made to vegetation in the stormwater detention
areas or on any areas of undisturbed natural vegetation.
® Operation and the loading and unloading of any service or delivery vehicles will be
within the paved and curbed areas served by the closed stormwater system so that any
release of product being delivered or picked up cannot enter the groundwater or the
Spring Run drainage system.
® Use of sodium chloride deicing will be minimized on the access roadways and
parking areas of the project site.
® The stotinwater retention system will be designed to delay the release of water until
after the peak discharge to Spring Run has occurred as a result of storm drainage from
areas other than the project site.
® Nearly one half of the proposed parking area will be placed below buildings in order
to reduce the amount of impervious surface on the site and reduce potential impacts
from storrnwater runoff.
® Maintenance of the proposed stormwater control devices will be the responsibility of
the Applicant, if not accepted by the City.
5. Spring Run Remediation
The Spring Run Superfund Hazardous Waste Site has been cleaned up and the uses
proposed as part of the project can be accommodated on the project site. This is based on
SEQR Statement of Findings—Excelsior Park Project 14
the required cleanup levels (remediation goals) and after-cleanup sampling that confirms
effective cleanup has been achieved. Both the clean up levels and confirmation were
required by the USEPA.
6. Air Resources
The site is located within the Hudson Valley Air Quality Control Region. No measured
air quality parameters were reported as being in violation of New York State Ambient Air
Quality standards in 1998 at any of the local monitoring locations.
Construction activities can cause an increase in airborne particulates from wind-borne
dust and soils. Emissions from machinery that burn fossil fuels and exhaust emissions
from increased traffic from construction workers and delivery trucks will result in
localized elevations of carbon dioxide, nitrogen dioxide, and hydrocarbons. These
adverse impacts are anticipated to be short-term, reversible, and local in nature.
Some of the proposed residential units may contain wood-burning fireplaces.
Mitigating measures are as follows:
® All construction equipment will be required to have operable emission controls and
anti-pollution equipment in compliance with applicable laws.
® A construction impact plan will be approved by the Planning Board with approval of
site plans for the development. Its requirements will include:
o Rapid revegetation and landscaping will be used to help reduce off-site
migration of fugitive dust.
o If necessary, special precautions will be taken during construction to control
airborne dusts through the use of conventional water spray trucks to maintain
moist ground conditions and thereby reduce dust dispersion.
o Gravel "clean off'pads will be installed at all construction entrances to
prevent tracking of dirt onto area roadways that may produce local dust.
® Fireplaces utilized will be primarily gas-burning fireplaces.
7. Terrestrial and Aquatic Ecology
Vegetation and Wetlands:
Construction on the project site will involve removal of vegetation for construction of
roadways and parking lots, building sites and stormwater control areas. Under the
proposed plan, over 60% of the 55-acre project site will ultimately remain as greenspace.
Wetland fill in Federally regulated wetlands will be unavoidable in areas totaling 0.088
acres, which is less than one-half of one percent of the wetlands on this site. Wetland
impacts include 0.04 acre of State wetland S-16. The wetlands that will be affected
primarily function as conveyances of surface runoff to Spring Run. They also provide
some limited wildlife habitat benefits. On the northern portion of the project site a total
of 1.36 acres of State wetland adjacent area located in uplands will also be impacted by
the project.
SEQR Statement of Findings—Excelsior Park Project 15
Mitigation measures proposed to lessen impacts to vegetation and wetlands include the
establishment and maintenance of erosion control measures, the early construction of
stormwater basins to serve as sediment basins during construction, the retention of
existing trees to the fullest extent practicable in areas not to be developed, and
revegetation soon after establishment of final grades.
Mitigating measures to lessen the impacts to vegetation resulting from the development
of the site are as follows. These are in addition to mitigation measures identified under
Geologic and Topographic Resources and Surface Water and Groundwater Resources.
® Existing trees will be retained to the fullest extent practicable in areas not to be
developed as access roads,parking areas, or building footprints. This includes areas
between buildings and roadways,parking lot islands, and other areas. Over 60% of
the site will remain undisturbed.
® All disturbed areas which are not to become access roads,parking lots, or buildings,
where retention of native vegetation is not possible due to required grading or
excavation, will be revegetated with landscape plantings including trees, shrubs and
ground covers. Such revegetation will occur as soon after establishment of final
grades as practicable. Materials used for revegetation will include plants indigenous
to the area and will be described in terms of types and numbers on site plans that will
undergo site plan review.
® In addition to protection of wetlands on the site at the State and Federal level,
protection has also been provided at the local level. Protection and preservation of
wetlands within the City is a high priority as reflected in the City's Comprehensive
Plan and the Open Space Plan. This high priority to wetlands identification and
protection is also reflected in the project Scoping Document that guided the
preparation of the EIS. The City expects that DEC, during the permitting process,
will protect these important wetlands and their adjacent lands to the full extent of the
law. Acceptance of this EIS does not mean that the City accepts the wetlands impacts
identified herein but rather that the City is deferring this responsibility to DEC.
® The project provides the opportunity for the Spring Run trail to be extended into State
wetland S-16 as well as a connection constructed through the 27-acre Preserve on the
project site from the public parking area at the trailhead on the project site. This will
provide for public access for recreation and open space and aesthetic appreciation
functions.
® Signage will be installed at the proposed trailhead to the trail connection to the Spring
Run Trail directing people through the Preserve. This signage will include language
regarding protection and preservation of natural resources in the Preserve, including
vegetation. Specific language and sign placement will be finalized during the site
plan review process.
® Subsequent to the SEQRA process the Applicant will be required to obtain a permit
from NYSDEC for any jurisdictional activities within State wetland S-16 and its
adjacent area prior to site disturbance, including approval of the mitigation plan and
Clean Water Act certification. As part of this permit application the Applicant will
have to demonstrate an attempt to avoid wetland impacts, minimize wetland impacts
SEQR Statement of Findings—Excelsior Park Project 16
and propose measures to mitigate wetland impacts. Three mitigation measures are
contemplated for inclusion in the DEC permit application:
o Reserving in perpetuity (through some as-yet-unnamed vehicle)the southern
27 acres of the site(with the exception of the 3 lots at the end of Eureka) as
undevelopable open space,
o Permitting development of the Spring Run trail across the southern end of the
site, and
o Construction and maintenance of a public parking area, viewing area, and trail
connector from the proposed new development through the preserve and to an
existing public street at the southern edge of the site.
• Some wetland adjacent areas could be affected by construction of the three homes
proposed at the end of Eureka Avenue. Any proposed activities must first be
authorized by a permit issued by NYSDEC. Should any compensatory mitigation be
required by NYSDEC as part of the permitting process, there are some previously
filled wetland areas near the end of Eureka Avenue that could possibly be
"reclaimed" as wetlands and serve as compensatory mitigation.
▪ The creation of any house lot will require subdivision approval, through which any
wetlands impacts can be avoided or mitigated.
• As of mid-August, 2002 the NIMO remediation work associated with Spring Run has
been substantially completed. Contaminated soils have been removed and clean
backfill has been put in its place. Disturbed soils have been stabilized with
hydroseeding and this has germinated successfully. Wetland trees and shrubs have
been planted. After planting is successfully completed and approved by the
appropriate regulatory agencies, remediation work on the site will be completed.
• The mechanism for ownership and maintenance of the Preserve and related
improvements (parking, viewing area, connector trail), for permanent prohibition of
construction of a connector road through the Preserve area, for development,
ownership, and maintenance of the Spring Run trail, and for provision of an easement
for the public trail connection will be further defined during the Special Use Permit
and/or site plan review process.
® Any long-term monitoring requirements in the remediation area (sediment/water
quality, vegetative growth and coverage, etc.)will be identified and any necessary
access/responsibility agreements will be developed with the responsible parties prior
to site disturbance. The Applicant will provide all necessary access to mitigation
monitors for any future reviews and monitoring of the remediation and revegetation
work.
Wildlife:
The project site is the northeastern portion of an area of relatively undeveloped urban
habitat that extends to the southwest, including lands to the west of Excelsior Springs
Avenue. Development of the project site as proposed will not result in the interruption or
fragmentation of this area due to the fact that the area proposed to be disturbed is in the
very upper corner of this area of land. This "corridor"will continue to exist with the
preservation of the southern half of the project site that is contiguous with the remainder
of the adjacent undeveloped lands. Alteration of vegetation and construction activity on
SEQR Statement of Findings—Excelsior Park Project 17
the project site will result in impacts to the site's current wildlife resources. Alteration of
vegetation will result in more of a long-term impact to wildlife due to a direct alteration
of habitat and decreased wildlife carrying capacity for the project site. However, due to
the relatively low diversity and numbers of wildlife found on this urban project site and
the presence of suitable habitat adjacent to the site, which will remain undisturbed, it is
anticipated that these impacts will not be significant. Noise and activity associated with
construction will also impact resident wildlife,but this will be a short-term and temporary
impact.
No rare, threatened or endangered wildlife species, including the Karver Blue Butterfly,
will be impacted by the proposed project.
After completion of the project and during the operation of the proposed facilities, no
adverse impacts to wildlife are anticipated.
Mitigating measures to lessen the potential impacts of the project to wildlife are as
follows:
▪ All unused affected areas will be revegetated. Landscaping provided in these areas
will increase the area's suitability as habitat for suburban-adapted wildlife species.
• The Preserve proposed as part of the project will provide the public benefit of
providing public access to undeveloped lands, and an opportunity to observe wildlife
on the project site that would not otherwise have been possible without the proposed
project. The proposed trail and boardwalks will provide low intensity access to a
number of the wildlife habitats on the project site, including the different wetland
habitat types in and around Spring Run.
6. Soils and Agricultural Resources
Soil cuts and fills have been balanced on the site; therefore, there is no need to export
excess cut material or import fill material. None of the soils on this site are considered
prime fainiland according to the Saratoga County Soil Survey. Also, there has been no
indication that the site has historically been used for agricultural purposes in the last
century.
Potential impacts relating to project site soils involve the potential for erosion and
sedimentation. Mitigation measures relating to project soils involve mitigating potential
erosion and sedimentation. See mitigation measures identified under Geologic and
Topographic Resources and Surface Water and Groundwater Resources.
7. Traffic Operations
Two points of vehicular access are proposed for the development. Excelsior Avenue will
be extended at its current eastern terminus into the development itself and will provide
the primary access. A second point of access will be provided along an existing easement
on the south side of Excelsior Avenue a few hundred feet east of the Excelsior
Avenue/Veterans Way intersection. This second access will be a paved one-way
SEQR Statement of Findings—Excelsior Park Project 18
roadway entering the development and will include a sidewalk. In addition, Excelsior
Avenue between Veterans Way and this existing easement will be constructed as a
divided boulevard.
The project will be built in stages, each of which will be submitted to the Planning Board
for Site Plan Review. To track the vehicle trips associated with each development stage, a
"trip generation" account will be established. The beginning balance in the trip account
will be equal to the total trip generation value associated with the final build alternative.
Trips will be removed (withdrawn) from the trip account at values representative to each
development stage. As each stage is built, the cumulative trips generated by the
development will be measured against the total account balance. If more intense traffic
generators are proposed, the account balance would be used up more quickly. This
method of tracking the project generated traffic provides the City with a tool to ensure
that the total number of trips expected from the development of Excelsior Park does not
exceed the threshold approved as part of the FEIS.
The City of Saratoga Springs may request that the Applicant conduct follow up traffic
analyses after the generation of approximately 250 vehicle trips (approximately 60% of
the total projected traffic from the development) or at two year intervals from the special
use permit approval date. If at that time it is determined that a need exists for additional
access for emergency services, the City may have the Applicant investigate and/or
construct a vehicle access point to Route 50 if permitted at the time by the
Comprehensive Plan and Zoning Ordinance, and permitted by the NYS Department of
Transportation,with appropriate environmental analysis pursuant to SEQR.
Based on the traffic analysis presented in the Traffic Impact Study dated August 2002
prepared by URS Corporation (Appendix 2 of the FEIS), below is a listing of mitigation
measures required to offset any traffic related impacts as a result of the construction of
the proposed Excelsior Park development. Each improvement will be implemented based
on the generation of a specific number of vehicle trips associated with the development of
the proposed project. It should be noted that the number of trips generated for each
constructed land use shall be based on the latest trip generation rates provided by the
Institute of Transportation Engineers (ITE).
® Installation of a traffic signal system at the Excelsior Avenue/East Avenue
intersection after generation of 100 vehicle trips during either the AM or PM
peak hours.
® Installation of a traffic signal system at the Excelsior Avenue/Marion Avenue
intersection after generation of 250 vehicle trips during either the AM or PM
peak hours.
® Traffic calming measures shall be installed on Excelsior Springs Avenue after
generation of 200 vehicle trips during either the AM or PM peak hours, to
include the following:
SEQR Statement of Findings—Excelsior Park Project 19
-Narrow the travel lanes at the Excelsior Springs Avenue/Victoria
Lane/Audrey Lane intersection with curbing,
-Install stop signs on the Excelsior Springs Avenue intersection
approaches,
-Paint crosswalks across Excelsior Springs Avenue,
-Install a concrete pad in one of the intersection quadrants for use by
children as a bus stop.
• If the currently proposed NYSDOT improvements at the Route 50/Veterans
Way/Gick Road intersection are not constructed, a northbound right-turn lane
on Veterans Way will be required after generation of 150 vehicle trips from
this project during either the AM or PM peak hours.
® It is further acknowledged that the City of Saratoga Springs may request that
the applicant conduct follow up traffic analyses after the generation of
approximately 250 vehicle trips from this project or at two-year
intervalsduring the project planning/construction time frame.
• Monitor the Veterans Way/Excelsior Avenue intersection to determine if all-
way stop control becomes warranted. In the interim, it is recommended that
Veterans Way be widened to provide an exclusive southbound right-turn lane
after generation of 300 vehicle trips from this project during either the AM or
PM peak hours.
® If the currently proposed NYSDOT improvements for Route 50 at its
intersection with Gick Road and Veterans Way are not constructed, the
westbound left-turn lane on Route 50 at this intersection will be extended by
100 feet to provide a total of 200 feet of storage. This improvement is
warranted after generation of 100 vehicle trips from this project during either
the AM or PM peak hours.
As part of site plan development,pedestrian, bicycle, and transit connections will be
developed to connect the site to downtown, the Spring Run trail, the neighborhood to
south, and onsite, and the Applicant will investigate and/or construct a connection to
NYSDOT's proposed multi-use trail improvements along Route 50.
8. Land Use, Zoning, and Community Character
City Comprehensive Plan and Zoning Ordinance
The project site is located in one of the City's seven Special Development Areas (SDA)
found in both the current Comprehensive Plan and Zoning Ordinance. In this SDA a
mixture of uses can be encouraged with the objective of enhancing these areas through
improved site design, greater economic activity, and more dynamic social interaction.
Specifically, the project site is the majority of land in the Excelsior Avenue Outer Area.
SEQR Statement of Findings—Excelsior Park Project 20
Here, the Comprehensive Plan calls for"a mixture of land uses including mixed
residential, office, light industry, high tech manufacturing, institutional, service and
distribution." General retail uses are excluded with the exception that ancillary retail uses
may be allowed only when directly related to primary permitted uses. The Plan also
recommends the following, which are now defined as necessary conditions and
mitigation measures to be further defined in any future special use permit or site plan
approval:
■ The project will ensure that flexibility of allowable uses is balanced with significant
buffering and improved compatibility with surroundings;
■ Construction of buildings will have low visual profiles, oriented to facilitate internal
circulation;
■ Buildings will be significantly buffered from Route 50 and the Northway; and
■ Any development will have a pedestrian/bicycle emphasis with enhanced
pedestrian/bicycle circulation to downtown and completion of the Spring Run Trail.
Additionally, the April 2002 Open Space Plan defined the City's Inner Core as extending
from the Northway westward, an area that includes the project site.
The City Zoning Ordinance further states that the intent of the Outer Excelsior Avenue
District (known as the Excelsior Avenue Outer Area SDA from the City Comprehensive
Plan) is "...to allow for reasoned and compatible expansion of existing businesses, and to
allow flexibility in development options while protecting and enhancing the City's
entranceway at NYS Route 50 and surrounding neighborhoods." Preferred uses are
stated as warehouse, manufacturing, research and development, institutional service,
office and distribution. Retail uses greater than 3,000 square feet in area or not accessory
to a principal use as well as dog kennel, garbage or refuse processing, salvage and scrap
processing, concrete and asphalt mix plant uses are specifically prohibited. All other uses
are subject to special use permit approval.
Any special use permit shall provide for a mix of preferred or unclassified uses meeting
the purposes, intent and goals of the Comprehensive Plan and the Zoning Ordinance for
Outer Excelsior Avenue. Any site plan approvals shall be based on a valid special use
permit and shall also be guided by the following design and development guidelines
found in the Zoning Ordinance:
■ Retail uses must only be accessory to the principal uses and each must not exceed
3,000 square feet in area.
■ Buildings will be well buffered from adjoining residential uses, either through the
use of adequate setbacks or screening.
■ Uses will not result in adverse light,noise, air pollution, stomu water runoff or
similar impacts on adjoining residential uses.
■ Development along the Route 50 arterial will preclude a curb-cut or break in
access on the arterial except as noted in the Traffic section of this Findings
Statement, unless the Comprehensive Plan and Zoning Ordinance restrictions are
revised.
SEQR Statement of Findings—Excelsior Park Project 21
o Development will provide for connection to the Spring Run Trail and other
pedestrian paths.
▪ Landscaping will be designed integrally with the buildings, the site and
surrounding uses.
Additional Findings Related to the City Comprehensive Plan and Zoning Ordinance:
The project's effects on future land use in the vicinity of the project site will not be
significant because of the general lack of undeveloped and developable lands in the
vicinity of the project. The residential area that abuts the property to the south is
essentially built out with single-family residences. Approximately 12 acres of
undeveloped land abuts the southwestern portion of the project site. This parcel, like the
project site, is located within the OEAD, and any potential future development would
have to apply for a Special Use Permit as well as Site Plan approval. Even if the
Excelsior Park project were to somehow influence future land use on this property, the
amount of development that could occur is already limited by natural resource conditions.
▪ The proposed action would result in changing the site from one that presently
contains only utility infrastructure to a site that contains utility infrastructure,
buildings, roads, landscaping, and preserved open spaces.
• No significant impacts have been identified and no mitigation measures were
identified or required in the DEIS or FEIS for the following topics: Site Land Use,
History and Zoning, Special Use Permit Approval Criteria, or Overhead Electric
Lines.
■ Under the City Zoning Ordinance both "retail"use and "hotel" are separately defined.
"Retail" is defined as establishments engaged in selling goods, services or
merchandise to the general public for personal and household consumption and
rendering services incidental to the sale of such goods.
"Hotel"is defined as: A building containing more than six (6) rooms which are rented
or hired out to be occupied for sleeping purposes by guests and where a general
kitchen and dining room are provided within the building or in an accessory building.
▪ The Applicant has designed the project as a mixed-use"new urbanist"neighborhood.
The Planning Board will use its discretion to apply development guidelines to meet
its obligations under the Zoning Ordinance for any special use permit or subsequent
site plan approvals. In order to reduce the necessity of vehicular trips and to provide
a neighborhood character and feel, the following retail uses under 3,000 square feet
have been proposed as possible uses so as to enable the office workers and residents
to obtain goods and services within the project: café, bakery, deli/sandwich shop,
barber/beauty shop, convenience sales and service, art gallery and eating and drinking
establishment. Such proposed retail uses are intended to be accessory to the principal
uses of office, hotel and residential. All retail uses are proposed to be in compliance
SEQR Statement of Findings—Excelsior Park Project 22
with the Comprehensive Plan and Zoning Ordinance restriction of a maximum of
3,000 square feet. As mitigation or to help avoid significant, negative impacts, the
Planning Board will define the uses with conditions and development guidelines
during any subsequent special use and/or site plan review.
® According to Section 240-2.7 of the City Zoning Ordinance, "....Any use that is
neither a preferred use nor a prohibited use and that, therefore, unclassified, may
make application for Special Use Permit approval,but shall not receive the benefits of
consideration associated with preferred uses." Section 240-2.7D of the City Zoning
Ordinance provides "within the Impact Areas any use shall be permitted unless
specifically prohibited." Permitted uses are either preferred uses or unclassified uses.
Both preferred uses and unclassified uses are subject to review under the standards
for special use permits contained in §240-6.4 of the City Zoning Ordinance. The only
distinction in the application of the review standards is that preferred uses,pursuant to
§240-2.7D "shall generally be deemed consistent with the purposes and intent of the
district." The Planning Board is obligated to meet all subject standards of that
Ordinance prior to issuance of any special use permit. Such permit will ultimately
define the mix of uses that can be a part of Excelsior Park.
Under §240-2.6B the intent of the Outer Excelsior Avenue District includes "to allow
flexibility in development options while protecting and enhancing the City's
entranceway at NYS Route 50 and surrounding neighborhoods." The project has
been designed specifically as a visual and architectural enhancement of the City's
entranceway at NY Route 50. The reference to "flexibility" in the intent of the
District, as well as the previously cited characterization of unclassified uses as
permitted uses unless specifically prohibited, establish a case for the appropriateness
of the proposed development for this site in the DEAD and that development within
the Outer Excelsior Avenue District and the request for a special use permit for such
development are not limited to only preferred uses.
■ The proposed mix of preferred and unclassified uses is intended to provide an
enhanced entranceway at NY Route 50.
▪ The proposal has an objective of reinforcing and implementing the vision of Route 50
as a gateway through a combination of architecture, site design, uses, buffering,
landscaping, protection and enhancement of passive recreation, open space, and water
resources.
▪ The Planning Board will be guided by the City's Comprehensive Plan and Zoning
Ordinance in its review of development alternatives for this site.
Local Land Use and Community Character
The project provides pedestrian and bicycle connections to the south("Woods"
neighborhood and East Side Rec.), to the west (Spring Run Trail and sidewalks along
Excelsior to Veterans Way), and to the north (connection to the sidewalk/trail along
SEQR Statement of Findings—Excelsior Park Project 23
Route 50). Sidewalks throughout the project provide pedestrian access and connection
within the project itself. New residential uses and public improvements to Excelsior
Avenue, including sidewalks to be constructed by the Applicant and by others, could help
support the existing residents on Excelsior Avenue, as well as the institutional uses
located on and close to Excelsior Avenue. Excelsior Park may augment the potential
customer base for downtown by bringing in office tenants and residents new to the area.
The commercial portion of the proposed project represents 5% of the existing commercial
space in the downtown zone. Hotel size would be limited to 120 rooms, would tap into
the "highway"market that is presently not addressed at Exit 15 within Saratoga Springs
city limits, and would increase the availability of new rooms needed by the convention
and tourism market.
For Local Land Use, additional mitigation measures are as follows:
■ Retail at Excelsior Park is limited to certain convenience-type establishments no
larger than 3,000 square feet intended to serve the employees and residents of the
immediate neighborhood.
■ The hotel is limited in size to 120 rooms.
■ The various uses within the proposed Excelsior Park mixed use neighborhood will
continue to be arranged such that the portion consisting of residential uses is located
in closest proximity to the residential uses to the south. Similarly, much of the
nonresidential portion of the proposed mixed-use neighborhood is located towards the
northern portion of the project site that is closest to the commercial uses that currently
exist along Excelsior Avenue.
■ The Planning Board can ensure, through Special Use Peiinit conditions, that the
Excelsior Park project will enhance the surrounding neighborhoods by completing
Eureka Avenue beyond its current dead end location/configuration that currently
serves as an area where refuse is commonly dumped. This is proposed to become the
location of three new single-family homes.
■ The Applicant will continue to work with CDTA regarding provision of additional
bus stops to serve residents and employees in the project.
With regard to Community Character:
■ SEQR regulations allow an analysis of an effect on community character but not the
effects of competition or speculative economic losses. As per the SEQRA handbook
(NYSDEC, 1992), "The potential effects that a proposed project may have in drawing
customers and profits away from established enterprises or in reducing property
values in a community may not be considered under SEQR. Potential economic
disadvantage caused by competition or speculative economic losses are not
environmental factors". However, the Planning Board, consistent with Saratoga
Springs zoning, will consider this prior to issuing any Special Use Permit.
■ Any Special Use Permit or site plan approvals will be required to establish a high
quality development theme in terms of its mixes of land uses, architectural styling,
provision of public improvements, and interconnectedness to its surroundings that
could be emulated within other areas of the Outer Excelsior Avenue District and the
Inner Excelsior Avenue District.
SEQR Statement of Findings—Excelsior Park Project 24
With regard to visual resources and aesthetics:
The northern portion of the project site is situated at an elevation fairly level with NY
Route 50. The "Limits of Visibility"Map included in the DEIS illustrates the extent of
the potential views of the project site from the surrounding area. The project site will be
visible from a limited area, including portions of NY Route 50 from the west and north of
the site totaling about 900 feet and portions of NY Route 50 from the northeast which
total approximately 800 feet long and include the travel lane on the Northway bridge,
from a 150 foot long portion of Jones Road and from a 100 foot portion of Excelsior
Avenue. There will be views of the site from portions of the Northway lanes directly east
of the site, the linear footage of these portions totals approximately 210 feet. It may be
possible to see the site from about a 500-foot long portion of the road that accesses the
New Country car dealership.
During the construction phase the site will have the appearance of a site under
construction. This will be a short term, temporary impact.
Mitigating measures are as follows:
® The proposed architecture of the components of the project will integrate the historic
context of the City of Saratoga Springs.
® Views of the site will be softened by planting and landscaping of the buffer areas
around the site. Over 60% of the existing vegetation on the site will be retained,
including at least a 100-foot wide buffer along the Northway and the south-bound on-
ramp, as well as much of the existing vegetation closest to NY Route 50. In order to
augment this existing vegetation, a planting plan is proposed. The Planting Plan calls
for the use of indigenous species in order to enhance the long term viability of the
plants.
® Screening issues will be addressed at site plan review and with NYSDOT.
® Signage will be determined following issuance of the Special Use Permit. Signs will
comply with the sign code,be included in both Site Plan and Architectural Review of
the respective buildings, and be designed to be compatible with the gateway into the
City.
® The proposed light fixtures and their specifications are included in the DEIS.
Lighting details will be finalized during site plan review of each component of the
project. A balance between light level, light fixture height and the number of fixtures
will be achieved in order to allow for safe ingress and egress without creating
unnecessarily bright conditions. Fixtures that feature sharp cutoff devices which will
precisely direct the light and will thus minimize glare and eliminate light spill off of
the site will be utilized.
With regard to sound resources:
The predominant noise source at the project site is traffic on the Northway and, to a lesser
degree, NY Route 50.
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Mitigation measures are as follows:
® The project will comply with all HUD regulations and standards, including
incorporation of any measures needed to mitigate the impacts of adjustments to the
site layout and/or reconfiguration or deletion of buildings.
• At least 100 feet of vegetation will be retained as a buffer along the Northway with
areas up to 200 feet wide preserved as a buffer. Additional vegetation will remain off
the project site and between the project and the Northway. The Applicant will ensure
preservation of a 100-foot wooded buffer area from the noise-generating areas of the
Northway, which can include areas on the site and offsite between the site and the
Northway travel lanes.
® Specific restrictions on construction operations for the various components of the
project to mitigate construction impacts will be established by the Planning Board
with the Special Use Permit and/or during the site plan reviews for the various project
components. Conditions can be expected to address hours or operation and other
typical construction impacts, including but not limited to dust, noise, lighting, and
construction traffic control. The route approved by the Planning Board will be
specified as the construction access route in contract documents with construction
contractors.
▪ Special construction materials and practices typical for hotel design will be
incorporated in the proposed hotel, planned for Buildings D and C, to reduce internal
noise levels to acceptable levels. Buildings A, B, E, and F will be restricted from any
residential uses, as will buildings C and D if not utilized as a hotel.
8. Community Services
Local services necessary for the construction and operation phases of the project include
the availability of emergency services such as ambulance,police, and fire protection.
According to the Department of Public Safety, there are no plans to add additional staff
as a result of the project. Existing service levels are adequate to meet anticipated
demands. The site plan will incorporate design features to accommodate police,rescue
and emergency vehicles per the requirements of the Department of Public Safety.
The project will use existing City water lines as its source of potable water. Preliminary
calculations indicate that approximately 100,040 gallons per day(gpd) will be required
when the project is at full occupancy. Because the buildout will be phased over 5 to 10
years, the opportunity exists for the earliest phases to be metered and to determine actual
use so that the estimates may be refined to reflect actual water consumption. The
Applicant has met with City personnel and discussed this project, its projected buildout
schedule, and the availability of the City's municipal supply to meet the project's water
demand for potable water, fire protection/suppression water supply and pressure, fire
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loading and capacity to affect the existing safe yield. Additional information is provided
in the FEIS relating project demands to the Safe Yield of the City's water supply.
All buildings within the Project Site will be serviced by municipal sanitary sewer service.
Confirmation has been received from the County that adequate capacity exists to meet the
wastewater needs of the project. Solid waste generated by the project will be transported
by a private contract hauler to either the transfer station at Weibel Avenue or the
Adirondack Resource Recovery Plan in Hudson Falls or to private landfills with current
DEC permits. Electric and telephone utilities are already available directly adjacent to
the site and the servicing utilities have indicated their ability to provide service to the
project site. Natural gas supplied by Niagara Mohawk Power Corp. will be used for
heating the buildings of the project. There is no anticipated need for additional electric or
gas lines and no major impacts on service are expected as a result of the project.
As noted in the Municipal Fiscal Impact Analysis contained in the DEIS, the project is
expected to result in a net gain to the City in revenue over expenses. The project is
expected to be built during a five to ten year period. Therefore, it will be a number of
years before the full impact to the school district will result. When full buildout is
achieved, the impact on school enrollment will be less than 1%. The revenues generated
from the project are projected to more than offset the additional educational costs to the
school district.
The proposed development will incorporate design features to meet the objectives set
forth in the Saratoga Springs Comprehensive Plan's open space and recreation policies.
Mitigating measures are as follows:
® The site plan will incorporate design features to accommodate rescue and emergency
vehicles within Excelsior Park per the requirements of the Department of Public
Safety.
■ The site plan will incorporate design features to accommodate police protection
within Excelsior Park per the requirements of the Depar lucent of Public Safety.
■ Details regarding project water requirements, existing infrastructure, and water
supply capacity will be finalized during the site plan review process.
® During the times of highest water demands the City sometimes imposes use
restrictions on outdoor water use. Any future restrictions such as these would also
apply to Excelsior Park. Similarly, any moratorium on new development imposed for
water supply reasons would also apply to any parts of Excelsior Park for which
construction permits had not been issued prior to such a moratorium being enacted.
■ The municipal sewer system will be extended from Veterans Way to the existing cut-
de-sac at the end of Excelsior Avenue with the installation of a new force main. All
buildings within the project site will tap into this sewer line extension via a new
pressure force main. A private sanitary sewer lift station will be necessary to convey
wastewater from the buildings.
® All actions will be coordinated with the utility service providers to assure that project
activities are timed to avoid any disruption in service to existing customers.
® With regard to recreation:
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o The proposed development will incorporate design features to meet the
objectives set forth in the Saratoga Springs Comprehensive Plan open space
and recreation policies.
o Over 60% of the site will remain undisturbed. In addition, the project
provides for a connection along with a public parking area at the trailhead to
the Spring Run trail as well as a connection to a 27-acre Preserve that will be
created on the site. This will provide for public access for recreation and open
space and aesthetic appreciation functions and benefits.
o Existing trees will be retained to the fullest extent practical in areas not to be
developed as access roads, parking areas, or building footprints.
o All disturbed areas that are not to become access roads, parking lots, or
building footprints, where use of native vegetation is not possible will be
revegetated with landscaped plantings.
Confirmation of capacity to serve the site from water and sewer providers will be
required at site plan review.
9. Socio-Economic Setting
The project is expected to be built during a five to ten year period. Therefore it will be a
number of years before the full impact to the City will be realized. When full buildout is
achieved,the impact on population within the City will be less than 2%. Each of the
service providers stated that existing service levels can be maintained without a
substantial increase in costs for new equipment or personnel. The revenue anticipated to
be generated from the project is projected to offset any additional service delivery costs
to the City. Based on the results of the fiscal impact analysis, each of the project
alternatives considered are projected to result in a net gain in revenues to the City. The
retail component of the project will be ancillary and is not expected to draw customers
beyond the immediate area of the proposed project site. New residents and employees
will increase overall spending. The Spring Run Trail connection to Excelsior Park will
provide potential customers with a direct link to the downtown area, in particular during
the summer months.
No significant,potential adverse impacts have been identified, and therefore no
mitigation measures are required.
The project's affordable housing component will be defined during Special Use Permit
review.
10. Cultural Resources
The area around a relatively modern concrete structure on the site, as well as all other
areas to be disturbed that were not subject to previous cultural resources investigations
completed to date, will be investigated by a qualified archeologist prior to any
disturbance. This investigation will include an evaluation of the sulfur and mud baths
and potential significance or lack or significance of the resources to be affected by the
project. A report summarizing the investigation and evaluation will be forwarded to the
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New York State Office of Parks, Recreation and Historic Preservation("OPRHP") for its
review. Any mitigation measures that may be necessary to avoid potentially significant
impacts will be developed in conjunction with OPRHP.
No significant historic or archaeological resources that would require preservation were
found on the project site during either the Stage 1-A or Stage 1-B cultural resource
investigations.
Mitigating measures are as follows:
® The Applicant will work with the appropriate agencies and consultants to determine
the degree of historic significance of the mud baths and what, if anything, should be
done to memorialize them.
® Review and approval by OPRHP of the additional cultural resources investigations
will be completed prior to site plan approval, and the Applicant will implement any
measures required by OPRHP prior to site disturbance (or as otherwise required by
OPRHP).
Adopted by the Planing Board: October 16, 2002
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