HomeMy WebLinkAbout20200574 Excelsior Park SUP Section 1.0 Supplemetal Infor SECTION 1.0 SUPPLEMENTAL INFORMATION
The following section is a compilation of the additional infornuation presented in this
FEIS, deletions to the DEIS proposed as a result of new or additional information
included in this FEIS, and corrections to the DEIS that are being made as a result of
information contained in this FEIS.
Information below is grouped by sections of the DEIS, and DEIS section and page
references for each item are included where appropriate.
Specifically, the following material is comprised of language amendments, including
insertions, deletions, and changes, to the information presented in the DEIS. The
information is presented sequentially following the format of the DEIS. For each item,
the instruction is presented first, followed by the reference to the DEIS section it amends.
1.01 DEIS Section 1.4, "Permits and Approvals"
(1) (From PA-1) The cover, cover sheet and the Executive Summary of this FEIS clarify
that the Applicant is currently seeking a Special Use Permit.
(2) (From PA-3) Detailed drawings will be submitted for review by the Planning Board
and other City departments and consultants as part of Site Plan Review. 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. (Add to DEIS Section 1.4.1, "Local Approvals")
(3) (From PA-4) The Applicant has received a letter from Niagara Mohawk stating that it
has reviewed the current concept plan for Excelsior Park and that it finds this plan
acceptable. Niagara Mohawk will continue to be involved in the review of the project as
it moves through Site Plan Review. (Add to DEIS Section 1.4.1, "Local Approvals")
(4) (From PA-4) The Applicant has received a letter from NYSDOT offering to sell back
(release) the drainage easement that exists in the eastern portion of the project site. (Add
to DEIS Section 1.4.1, "Local Approvals")
(5) (From PA-4) NYSDOT will continue to be involved in the review of the project as it
pertains to traffic improvements as the project progresses through Site Plan Review. (Add
to DEIS Section 1.4.3, "State Approvals")
Excelsior Park FEIS I of 27
1.02 DEIS Section 2, "Description of the Proposed Action"
(1) (From PD-1 and PD-4) The Applicant has agreed to limit the total square footage of
the retail component to 10,000 square feet, with no unit greater than 3,000 square feet.
This replaces language in DEIS Section 2.1.1(2)(B.2) (page 2-3), and elsewhere in the
DEIS, where it was proposed that up to 3 residential units could be exchanged for up to
3,000 additional feet of non-residential space for a potential total of 13,000 feet of retail
space.
(2) (From PD-1) The FEIS provides clarification regarding non-residential space in
Downtown and that proposed for Excelsior Park.
In September 1994 it was estimated that there were approximately 2,188,700 square feet
of non-residential space (retail/service, hotel/motel, office, restaurant/bar, miscellaneous,
vacant/underutilized) in the Downtown Business District ("DTBD"). Based on this
figure, the 150,000 square feet of non-residential uses in Excelsior Park (office,
hotel/motel, daycare, spa, convenience retail, auto sales and service) would be
approximately 6.85% of the 1994 DTBD.
Since 1994, at least 170,500 square feet of additional non-residential space has been built
and occupied in the DTBD, including the Pfeil Building (25,000 sf of office/retail), the
Roohan Building (16,500 sf of office/retail), Four Congress Park Centre (22,000 sf of
office/retail), Three Congress Park Centre (15,000 sf of retail), The Wise Building
(56,000 sf of office), Borders (24,000 sf of retail) and the new office building near
Congress Plaza(10,000 sf). A number of formerly vacant and underutilized properties
have also been put into service (e.g. 63 Putnam, upper floors over Mabou, former Elks
Building, Saratoga Arms, Corsale Building). If the estimated additional non-residential
square footage constructed since 1994 is added to the 2,188,700 sq. ft. estimated in 1994,
there is at least 2,359,200 square feet of non-residential space in the DTBD. Using that
number, the 150,000 square feet of non-residential uses proposed for Excelsior Park
would be 6.36 % of the DTBD non-residential space.
(This text shall replace the first full paragraph on page 3-42 of the DEIS)
(3) (From PD-2) Figure 3-14 of the DEIS was an aerial photograph base showing the
surrounding land uses in the immediate vicinity of the site. This base has been expanded
to incorporate a larger area, and those features listed in the comment above, including the
Spring Run Trail, have been identified on a new figure F-3-14 that is included in this
FEIS at the end of this section (2.02).
(4) (From PD-3) DEIS Figure 1-3 has been amended and is included in this FEIS as
Figure F-1-3. The drainage easement in the northwest corner of the site is now labeled as
a"NYSDOT Drainage Easement". The larger easement in the eastern portion of the site
is now labeled as the "NYSDOT Drainage Easement to be Retired".
Excelsior Park FEIS 2 of 27
(5) (From PD-5) DEIS Table 1-1 has been revised and included in this FEIS as Table F-
1-1 so that the term"general office" is replaced by the term"office"consistent with the
Use Schedule for the Outer Excelsior Avenue District.
(6) (From PD-6) 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 VanDam that are currently
accessible to municipal service providers. (Add as new paragraph 3 to "Controlling
Traffic Flow" on page 2-8 of the DEIS.)
(7) (From PD-9) The inconsistency between the amount of square footage for the
daycare/nursery school listed in A.3 as 10,000 square feet (DEIS page 2-2) and Table 2-
1, which lists it as 12,000 sq. ft. is resolved. The square footage of the proposed
daycare/nursery school is 10,000 square feet. DEIS Table 2-1 has been revised to reflect
this correction and is included in this FEIS as Table F-2-1.
(8) (From PD-11) Additional information regarding Performance Standards has been
developed and is included as part of DEIS Section 2.1.2, "Design Guidelines". The
Comprehensive Plan envisioned establishing specific performance standards for the
designated special development areas. These performance standards have yet to be
developed within the city code for any of the special development areas, including the
Outer Excelsior Avenue District. The "performance standards" for this project are the
numerous mitigation measures included in this EIS as well as the Special Use Permit and
any conditions the Planning Board may include during the site plan review process.
(9) (From PD-12) DEIS Figure 2-10 has been revised and is included in this FEIS as
Figure F-2-10. Figure F-2-10 illustrates a conceptual layout of water and sewer
infrastructure within the project. Utility specifications such as precise pipe locations, pipe
sizes, profiles, and manhole locations, will be a topic for Site Plan Review.
(10) (From PD-13) DEIS Section 2.1.7 "Landscaping and Open Space Management"
(DEIS pages 2-11 and 2-12) shall now include the following additional language:
"Currently available plans for the NYSDOT Route 50 improvements do not include any
information related to landscaping. Should more detailed plans be advanced by
NYSDOT during the time that the Excelsior Park project 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."
(11) (From PD-14) DEIS Section 2.1.7 "Landscaping and Open Space Management"
(DEIS page 2-12 under"Open Space Management") shall now include the following
additional language: "It is anticipated that the ownership and management of the
Excelsior Park FEIS 3 of 27
undeveloped lands will remain with the applicant. However, the Planning Board will
negotiate the donation, bargain sale, or conservation easement for the "preserve"portion
of the site to a qualified organization. The City will also choose an option on how best to
provide for an easement for the public trail connection to the Spring Run trail. These
issues will be further defined during the special use permit and/or site plan review
process."
(12) (From PD-15) DEIS Section 2.2.1 "Construction Schedule and Activities", shall
now include the following additional language: "Upon re-examining the phasing plan
presented in the DEIS (Figure 2-11), the Applicant has revised the proposed phasing of
public improvements to include construction of both of the project entrance roads from
Excelsior Avenue, as well as the internal road connecting the two access points, in the
first stage of development. Improvements to the existing portion of Excelsior Avenue,
including creating the boulevard entrance and the proposed sidewalk from Veterans Way
and into the project site along the southern access road will be constructed in the first
stage of the development, as well.
Aesthetic improvements will be made within the City right-of-way between Veterans
Way and the project site including street trees and grass areas where appropriate, street
lighting with the City standard fixtures, and resurfacing where necessary. These
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.
Because buildout will be driven by market demand and not be speculative, it is not
possible to precisely define the period over which the project will be constructed. As
with most projects, the phases of the project will correspond with actual demand. The
following is proposed phasing,presented as an example. A new phasing plan may be
submitted to the Planning Board for approval at site plan review.
The project may be built in four phases, and these phases were illustrated, as an example,
in DEIS Figure 2-11, "Phasing Plan".
Under a 10 year buildout scenario Phase 1 will be constructed first and will occur in
Zones A, B, and C. Phase 1 may consist of the following buildings and related site
work: A(10,000 s.f.), B (35,000 sf),F (24,000 sf), I (24 apartments), K (16 apartments),
L (24 loft/condo units), M (18 loft/condo units). As noted above, the three single-family
homes in Zone D may also be constructed in Phase 1. The improvements to Excelsior
Avenue and the streets forming the "loop"within the development will be completed
before the first"phase" is done.
Phase 2 may also involve areas in Zones A, B, and C. Included in Phase 2 in the example
are buildings C (18,000 sf), D (38,000 sf), G (24 live/work units), H (24 live/work units),
Q (20 townhome units), and P (20 townhome units) and the site work associated with
these buildings. The Preserve trail will be completed by the time Phase 2 is done.
Excelsior Park FEIS 4 of 27
Buildings E (25,000 sf), N(16 apartments), J (24 apartments), 0 (20 townhome units),
and R(29 loft/condo units) and their related site work may be in Phase 3.
Phase 4 may consist of buildings R(29 loft condo units) and CR(4 duplexes) and the
related site work for these buildings.
Additional off-site traffic improvements discussed elsewhere in this document will be
completed in conjunction with the phases, as approved by the Planning Board. The
various steps of construction will be the same for each phase and will consist of the
following:
1. Clearing
2. Installation of erosion control measures
3. Grubbing
4. Rough grading, including stounwater basins
5. Building, road and parking construction
6. Installation of utility infrastructure
7. Finish grading
8. Landscaping and installation of lights and signage
In addition to the activities listed above, other activities that will occur during all phases
of construction include arrival and departure of construction workers, deliveries of
construction materials, and operation of typical construction equipment such as
excavators and bulldozers.
(13) (From PD-17) The establishment of a homeowners' association or associations is a
possibility, depending on the ultimate mix of rental and owner-occupied units, which will
ultimately be determined by the market. 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 and maintained. (Add to end of"Open Space
Management" on page 2-12 of the DEIS.)
(14) (From PD-29) Some of the parking at Excelsior Park, particularly below-building
parking, may be reserved for residents of a particular building. The parking being
provided at the trailhead at the Preserve will be public parking. Details regarding parking
will be further reviewed and clarified during Site Plan Review. (Add to end of Section
2.1.4, "Parking" on page 2-9 of the DEIS.)
(15) (From PD-31) Storage facilities, pool, and racquet courts discussed in the DEIS
would be available to residents only and not be commercial facilities available to the
general public. The potential greenhouses would be much like community gardens where
local residents may utilize a portion of the overall space for their use.
(16) (From PD-36) The intent of the proposed Preserve, in and by itself, is to provide an
opportunity within an urban setting for people to be able to experience a natural
Excelsior Park FEIS 5 of 27
environmental setting that they may otherwise not be able to experience in this vicinity.
The presence of the wetlands system in conjunction with Spring Run, set in a ravine that
separates it from the lands to the north, and to a lesser degree lands to south, will provide
users an opportunity to experience a different type of natural setting than what is
currently available in other publicly accessible open space areas in the city. It is the
overall diversity of open space experiences that collectively make the value of open space
in a community more valuable. The proposed connection of the Preserve with the Spring
Run trail will link together different types of open space and together provide a more
diverse experience to members of the public that utilize these areas. (Add to Section
1.2.1 on page 1-5 of the DEIS.)
(17) (From PD-51) Electric service for the project can be obtained via the existing
electrical lines that run along NY Route 50. Electricity will be brought into buildings on
the site via underground electrical lines. (This paragraph should replace the existing
second paragraph in Section 2.1.8 under"Gas and Electric" on page 2-15 of the DEIS.)
1.03 DEIS Section 3.1, "Geologic and Topographic Resources" and DEIS Section
3.5 "Soils"
No new infomiation or changes to the DEIS are presented in the FEIS in response to
comments in Section 2.03, "Geology and Soils".
1.04 DEIS Section 3.2, "Surface Water Resources"
(1) (From SW-1) 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) shall be amended to include 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. Specific stoilluwater control measures that meet local, State and
Federal requirements will be submitted and reviewed during Site Plan Review. (Add as
mitigation measure# 8 in DEIS Section 3.2.3. of the DEIS.)
(2) (From SW-2) Section 240-12.20 of the City's Zoning Ordinance describes the
requirements for soil disturbing activities and the need for an erosion control plan under
various circumstances. The proposed Excelsior Park project will comply with this
section of the City's Zoning Ordinance during the Site Plan Review process as per
section 240.12.D.3 of the ordinance. (Add to DEIS Section 3.2.3, "Mitigation
Measures")
(3) (From SW-4) Bulk petroleum fuel storage is not envisioned for the site. If this should
change, all State requirements will be adhered to, including NYSDEC's regulations
pertaining to bulk petroleum storage. (Add to DEIS Section 3.2.3, "Mitigation
Measures")
Excelsior Park FEIS 6 of 27
1.04.1 Spring Run Remediation
(From SW-3) 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 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. (Add to DEIS Section 3.2.3, "Mitigation
Measures")
1.05 DEIS Section 3.4, "Flora and Fauna"
(1) (From FF-1) The FEIS provides additional detail as to how the biological surveys
performed on the project site incorporated proper remote and on-site survey
methodologies that were performed during the appropriate times of year (including
Spring of 2002). This includes the vegetation surveys, surveys for Karver Blue
butterflies, and Wildlife Surveys. (Add to the beginning of DEIS Section 3.4, page 3-10.)
(2) (From FF-4) The FEIS provides additional information correlating the wildlife
species observed on the project site with the habitat types available on the project site.
(Add to Section 3.4.2.1, page 3-16, of the DEIS.)
1.06 DEIS Section 3.4, "Wetlands"
(1) (From WL-1) The FEIS contains two new figures illustrating the limits of wetland
activities that would occur under the sketch plan contained in the DEIS. Figure F-3-4
illustrates the location of proposed activities within State Wetland S-16 and its adjacent
area, while Figure F-3-8 illustrates activities proposed within federal wetlands. (Add to
Section 3.4.1.2 of the DEIS, page 3-14, "Potential Impacts")
(2) (From WL-2) The FEIS also contains a new Figure F-C-1 that is an enlargement of
the proposed home sites at the end of Eureka Avenue and the location of the wetland
boundary and the 100 foot adjacent area of State Wetland S-16. (Add to Section 3.4.1.2
of the DEIS,page 3-14, "Potential Impacts".)
(3) (From WL-2) It is possible that some wetland adjacent areas could be affected by
constructing the three homes at the end of Eureka Avenue. Any proposed activities must
be first authorized by a permit issued by NYSDEC before such activities could occur.
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.
(Add to Section 3.4.1.3 page 3-14, "Mitigation Measures")
Excelsior Park FEIS 7 of 27
(4) (From WL-4) There are 3 mitigation measures contemplated for inclusion in the DEC
permit application: 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, permitting development of the Spring Run trail across the
southern end of the site, and 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. (Add to Section
3.4.1.3 page 3-14, "Mitigation Measures".)
(5) (From WL-4) 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 this 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 the City accepts the wetlands impacts identified herein but rather that the
City is deferring this responsibility to DEC. (Add to Section 3.4.1.3 page 3-14,
"Mitigation Measures".)
(6) (From WL-9) At the proposed trailhead there will be some directional signage
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. (Add to Section 3.4.1.3 page 3-14, "Mitigation Measures")
(7) From (WL-10) 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 geiminated 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. (Add to Section
3.4.1.3 page 3-14, "Mitigation Measures")
1.07 DEIS Section 3.6, "Traffic"
(1) (From TR-4) The Traffic Impact Study Report has been modified to indicate that
Levels of Service D and lower are unacceptable for intersections under the jurisdiction of
the City of Saratoga Springs (see FEIS Appendix 2 for the Traffic Impact Study revised
for this FEIS). This report has also been modified to indicate that any drops in level of
service at intersections under the jurisdiction of the City of Saratoga Springs are not
considered acceptable. This has been reflected in Sections II, IV, V and VI of the revised
traffic report (FEIS Appendix 2). (Replace first sentence of DEIS Section 3.6.3 page 3-
29.)
Excelsior Park FEIS 8 of 27
(2) (From TR-5) The Veterans Way/Excelsior Avenue intersection has been evaluated for
a traffic signal and an all-way stop sign installation. A traffic signal is not warranted.
All-way stop signs are not warranted for DEIS Alternative 4. However, they are possibly
warranted for Alternatives 1 and 3, based on the two peak hour traffic volumes available
for analysis. It is recommended that the intersection be evaluated as the development
progresses to see if at some point all-way stops become warranted. This is discussed in
Section VI of the Traffic Impact Study Report (FEIS Appendix 2). As an interim
measure, it is recommended that Veterans Way be widened at the Excelsior Avenue end
to provide separate left-turn-only and right-turn-only lanes for southbound traffic. This
would allow right turning vehicles to make their movement without having to wait
behind slower left turning vehicles. Such an arrangement will reduce the delay
experienced for the overall southbound approach. This is discussed in Section XI of the
report(FEIS Appendix 2). (Add to end of DEIS Section 3.6.3.)
(3) (From TR-6) The Traffic Impact Study Report recommends that operation of the
Excelsior Avenue/Marion Avenue intersection be monitored as the proposed
development is put in place to determine at what point a traffic signal is required. This is
expected to be when approximately 250 vehicle trips are generated during either the AM
or PM peak hours. With respect to the traffic signal at Excelsior Avenue/East Avenue, it
is recommended that a traffic signal be installed at this location by the time the proposed
development has generated 100 vehicles during either the AM or PM peak hour. This is
expected to be when approximately 120 residential units are occupied. This is discussed
in Section XI of the Traffic Impact Study Report (See FEIS Appendix 2). With respect to
the improvements at Excelsior Avenue/Veterans Way, it is recommended that Veterans
Way be widened at the Excelsior Avenue end to provide separate left-turn-only and right-
turn-only lanes for southbound traffic. This improvement should be constructed after the
generation of approximately 300 vehicle trips during either the AM or PM peak hours.
This is discussed in Section XI of the Traffic Impact Study Report (FEIS Appendix 2).
(Add to end of DEIS Section 3.6.3.)
(4) (From TR-7) The Traffic Impact Study Report (FEIS Appendix 2)has been modified
to recommend traffic calming measures be implemented on Excelsior Springs Avenue.
The calming measures will include the installation of curbs at the Excelsior Springs
Avenue/Victoria Lane/Audrey Lane intersection in such a manner as to narrow down the
current wide pavement area. This will tend to slow traffic down and provides a shorter
distance for pedestrians to traverse. In addition, it is recommended that painted cross
walks be installed along with a concrete pad in one of the intersection quadrants for use
by children waiting for the school bus at the intersection. Stop signs on the Excelsior
Springs Avenue intersection approaches, along with any necessary"stop sign ahead"
signs are also recommended. This is discussed in Section XI of the revised Traffic Impact
Study Report(FEIS Appendix 2). (Add to end of DEIS Section 3.6.3.)
(5) (From TR-8) The Traffic Impact Study Report (FEIS Appendix 2) has been revised
to include the results of the following queuing analyses:
Excelsior Park FEIS 9 of 27
o Northbound and southbound along Veterans Way, Marion Avenue, and East
Avenue between Excelsior Avenue and State Route 50
o Westbound left-turn-only at State Route 50/Veterans Way/Gick Road
o Eastbound at Excelsior Avenue/Veterans Way
The analyses have been done both with and without the improvements to State Route 50
in place (where appropriate). In all cases it is concluded that there will be sufficient
storage at all locations studied to avoid the possibility of traffic queuing to lengths that
would block adjacent intersections. The 95th percentile queue length was used in all
cases. The results of these analyses are included in Section VII of the revised traffic
report. (Add to end of DEIS Section 3.6.3.)
(6) (From TR-15) All queue analyses have been revised using the 95th-percentile queue.
The queuing analyses at the State Route 50/Veterans Way/Gick Road intersection, for the
scenario without the State Route 50 improvements proposed by NYSDOT in place, have
been revised to reflect the northbound right-turn-only lane required as mitigation for the
proposed development. It appears that additional right-of-way would need to be acquired
along the east side of Veterans Way in order to construct this improvement. (Add to end
of DEIS Section 3.6.3.)
(7) (From TR-20) 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 (see Traffic Impact Study in Appendix 2). For example a trip
account for Alternative 1 would be set to 405 AM peak hour trips and 447 PM peak hour
trips. 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 three 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 pelinitted by the NYS Department of
Transportation,with appropriate environmental analysis pursuant to SEQR. (Add to end
of DEIS Section 3.6.3.)
Excelsior Park FEIS 10 of 27
(8) (From TR-20) Additional roadway connections such as the public road from Marion
Avenue through the filmier skating rink parcel to East Avenue would be part of other
projects and should be studied separately,possibly as part of Site Plan Review for any
application that may be submitted for the ice rink property. The traffic study was
consistent with the study area outlined in the Final Scoping Document. No additional
roadway connections were included. (Add to end of DEIS Section 3.6.3.)
(9) (From TR-20) In response to concerns regarding the adequacy of the westbound left-
turn lane at the State Route 50/Veterans Way/Gick Road intersection, queuing analyses
have been performed for three build alternatives, both with and without improvements
proposed by NYSDOT to State Route 50 in place. Recommendations to increase the
storage capacity of the left-turn only lane at this intersection under the various scenarios
analyzed are included in Section XI of the revised Traffic Impact Study (FEIS Appendix
2).
(10) (From TR-25) The reference in the comment to Level of Service F at the Excelsior
Avenue/Veterans Way intersection is incorrect. The analysis shows that the Excelsior
Avenue/Veterans Way intersection currently operates at acceptable levels of service. In
addition, improvements are recommended for the Excelsior Avenue/Veterans Way
intersection that will mitigate the increased traffic resulting from the proposed
development. The Traffic Impact Study Report (FEIS Appendix 2)has been revised to
include the results of the following queuing analyses:
o Northbound and southbound along Veterans Way, Marion Avenue, and East
Avenue between Excelsior Avenue and State Route 50
o Westbound left-turn-only at State Route 50/Veterans Way
® Eastbound at Excelsior Avenue/Veterans Way if all-way stop signs or a traffic
signal are installed
In all cases it is concluded that there will be sufficient storage at all locations studied to
avoid the possibility of traffic queuing to lengths that would block adjacent intersections.
The results of these analyses are included in Section VII of the revised Traffic Impact
Study Report. Appropriate mitigation measures have been recommended where
necessary in the study area. (Add to end of DEIS Section 3.6.3.)
(11) (From TR-26) Traffic calming measures are recommended at the Excelsior
Springs/Victoria Lane/Audrey Lane intersection to both slow traffic down and to make
the road less attractive as a through street. (Add to end of DEIS Section 3.6.3.)
(12) (From TR-51) The proposed access has been reviewed with the City Fire
Department. (Add to end of DEIS Section 3.6.3.)
(13) (From TR-52) The only portion of Excelsior Avenue that would need to be used by
trucks to and from the auto dealership is that portion that will be rebuilt as a boulevard
roadway. Adequate geometry and pavement thickness to accommodate the anticipated
truck traffic will be incorporated into the design. (Add to end of DEIS Section 3.6.3.)
Excelsior Park FEIS I I of 27
(14) (From TR-57) The traffic impact study takes into account projects that were
approved at the time the study was prepared. It takes into account the proposed
expansion to "The Mill" complex located to the west on Excelsior Avenue as well as the
conversion of the Balmer CHP building to a boarding school. Traffic from these two
sources were incorporated into the annual growth rate provided by NYSDOT and the
Capital District Regional Planning Committee. These background growth rates are
intended to account for other development expected to take place in the general area that
will have the effect of increasing traffic on the roads in the study area such as the
Denny's under construction on the east side of the Northway and the commercial
expansion of the Stewart's shop at Jones Road and State Route 50. It is not intended to
take into account other large developments that will come later and will warrant traffic
impact studies of their own such as "The Mansions" apartment complex at Louden Road
and Weibel Avenue (which has been withdrawn), other large housing developments in
the area, possible redevelopment of the Ryder Truck site or the Konover site near the
Hannaford shopping center.
However, there was one development of a magnitude that the traffic generated by it was
accounted for separately- The Shoppes at Wilton development that has been approved by
the Town of Wilton for a site on NY Route 50 approximately one mile east of the subject
project. Trips generated specifically by that development were added to the background
traffic using data from the October 2001 Traffic Impact Study Report prepared for The
Shoppes at Wilton. (Add to end of DEIS Section 3.6.3.)
1.08 DEIS Section 3.7.1, "Comprehensive Plan and Zoning"
(1) (From CPZ-1) The proposed auto dealership is not an explicitly prohibited use in the
zoning ordinance inasmuch as "automotive sales and service" is not an explicitly
prohibited use. Furthermore, "automotive sales and service" uses are at times mentioned
in the zoning ordinance as though they were distinct and separate from "retail" uses, a
"retail" use being prohibited in the Outer Excelsior District unless it is accessory to a
principal use and is under 3,000 square feet. However, in Section 240-1.5 of the zoning
ordinance, "automotive sales and service" is defined as "any area of land, including
structures thereon, that is used for the retail sale of motor vehicles and accessories, and
which may or may not include facilities for lubrication, washing or otherwise servicing
motor vehicles, but not including the painting thereof by any means." Also in Section
240-1.5, "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," which would fit the definition of an auto
dealership. Therefore, the Planning Board must use its discretion in determining whether
or not the proposed auto dealership is a retail use, and thereby prohibited by law. (Add to
DEIS Section 3.7.1.3, "Mitigation Measures")
(2) (From CPZ-2) Under the City Zoning Ordinance both "retail" use and "hotel" are
separately defined.
Excelsior Park FEIS 12 of 27
"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.
It is clear from the definition of"hotel" that it does not fit within the definition of"retail"
under the City Zoning Ordinance. Renting rooms to guests is distinguished from
providing goods or services.
(Add to DEIS Section 3.7.1.3, "Mitigation Measures")
(3) (From CPZ-3) Under use schedule one (1) in the Outer Excelsior Avenue District
retail uses are considered prohibited uses if"greater than 3,000 square feet in area or not
accessory to a principal use...". As such, this section explicitly provides that retail uses
can be accessory to a principal use. The Applicant has designed the project as a mixed-
use new urbanist neighborhood. 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 may be accessory to the principal uses of office,
hotel and residential. As mitigation or to help avoid significant, negative impacts, the
City expects to define the uses with conditions and development guidelines during any
subsequent Special Use Permit and/or site plan review.
All retail uses will be restricted to a maximum of 3,000 sq. ft., and will be in compliance
with the Comprehensive Plan and Zoning Ordinance. (Add to DEIS Section 3.7.1.3,
"Mitigation Measures")
(4) (From CPZ-4) 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." Therefore, consistency with the purposes of the intent of the zoning district,
which is one of the considerations under the first standard for special use permits
contained in §240-6.4 need not be further established during the review process with
respect to preferred uses while it remains applicable to unclassified uses. If the intent of
Excelsior Park FEIS 13 of 27
the Zoning Ordinance is that only"preferred uses" are permitted then there would be no
"unclassified uses"treated as permitted uses. (Add to DEIS Section 3.7.1.3, "Mitigation
Measures")
(5) (From CPZ-5) 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 Applicant
reports that 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 are not limited to only preferred
uses.
The proposal has an objective to reinforce and implement the vision of Route 50 as a
gateway through a combination of architecture, site design, uses, buffer, landscaping,
protection and enhancement of passive recreation, open space, and water resources. (Add
to DEIS Section 3.7.1.3, "Mitigation Measures")
(6)Under §240-2.7 the intent of the Outer Excelsior Avenue District includes to "allow
for reasoned and compatible expansion of existing businesses." This would include such
existing businesses as Federal Express and Tarrant Manufacturing that are adjacent to the
project site.
(7) (From CPZ-21) The terms "allowed use", "allowed uses", or"allowed"in the context
of land uses should be replaced throughout the draft FEIS and DEIS with the word
"permitted", except in the cases where such a replacement of the term would render the
sentence inaccurate. "Allowed" and"permitted" are not synonymous in the City's
Zoning Ordinance. (Add to DEIS Section 3.7.1.3, "Mitigation Measures")
1.09 DEIS Section 3.7.1, "Local Land Use"
(1) (From LU-1) The project provides non-motorized (pedestrian/bicycle) connection 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 Route 50). Sidewalks throughout the project provide pedestrian
access and connection within the project itself. (Add to "Pedestrian and Bicycle
Elements"on DEIS page 3-40)
(2) (From LU-2) The pedestrian/bicycle connection to the Route 50 trail was shown on
DEIS Figure 3-14A and should have also been shown on DEIS Figure 2-7. A revised
version of DEIS Figure 2-7 showing the connection to the potential trail along NY Route
50 is included in this FEIS as Figure F-2-7. (Add to "Pedestrian and Bicycle Elements"
on DEIS page 3-40)
Excelsior Park FEIS 14 of 27
(3) (From LU-3) The various uses within the proposed Excelsior Park mixed use
neighborhood have been 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
non-residential 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 Excelsior Park project will complete Eureka Avenue beyond its current dead end
location/configuration that currently serves as an area where refuse is commonly dumped.
This would become the location of new single family homes.
The City will use the EIS documentation, including discussion of alternatives, to
complete a SEQRA findings statement and to set conditions on any future special use
permit or site plan approval. This will be used to ensure that Excelsior establishes 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
hopefully would be emulated within other areas of the Outer Excelsior Avenue District
and the Inner Excelsior Avenue District.
(Add to Local Land Use DEIS Page 3-38)
(4) (From LU-4) The FEIS describes in greater detail how the project site is recognized
as a gateway to the City, describes the proposed Route 50 improvements designed to
change the character and function of Route 50 from a high speed arterial built to
accommodate cars to one that carries the "walkable community" theme of the City, and
how the proposed project will serve as a suitable use at this gateway from Route 50.
(Add to end of DEIS page 3-38).
(5) (From LU-5) The FEIS provides additional information regarding the most current
State infoiiiiation available with regard to power lines and residential development. A
representative of the Public Service Commission (PSC) Office of Energy Efficiency and
the Environment was contacted on August 7, 2002. According to the PSC, the
information contained in DEIS Appendix 13, "NYS Department of Health Power Lines
Project Questions and Answers" represents the most recent information published by
New York State. This publication is the result of the collaborative effort of the PSC and
NYSDOH. Any additional information would be older information superceded by the
information presented in Appendix 13 of the DEIS. (Add to Section 3.7.1.1 (D) Page 3-
36)
(6) (From LU-19) The FEIS provides additional information supporting the fact that the
proposed action is not sprawl development. The proposed site is surrounded by
developed lands and a four-lane highway and a six lane interstate highway. It is in one
of the City's Special Development Areas, an area designated in the City's
Comprehensive Plan for economic development. Additionally, the April 2002 Open
Space Plan defines the City's Inner Core as extending from the Northway westward,
including the project site.
Excelsior Park FEIS 15 of 27
(7) (From LU-24) The FEIS further explains how the proposed mixed-use project is
similar in density and contains a mix of uses in other areas of the City. In density and
uses, Excelsior Park is similar to the 25-acre neighborhood bounded by Henry, Lake,
Regent and Spring plus one-half of the block bounded by Spring, Regent, Circular and
Union where the Skidmore apartments are located. Counting only residential units in this
area on land use maps provided by the City Planner's Office, the density is approximately
15 units per acre. Other uses in the neighborhood include a bakery, restaurant, auto parts
store, the Lake Avenue firehouse, the Christian Science Reading Room, small retail
stores on Henry Street, a bed and breakfast, a temple, and professional office space.
Excelsior Park's residential density is approximately 14 units per acre. Excelsior Park
and the Circular Street neighborhood described above are both mixed use neighborhoods
on the outskirts of downtown. (Add to DEIS Section 3.7.2.2,page 3-41.)
(8) (From LU-27) The target market for the residential portion of the project is
households that typically do not have children, so a playground is not proposed as part of
the project. In the future, should the owners and renters include significant numbers of
children, a playground will be considered. (Add as mitigation measure#5 on page 3-44
of the DEIS.)
1.10 DEIS Section 3.7.2, "Community Character"
(1) (From CC-4) Regarding the office component, the Excelsior Park Applicant reports
that it will be marketing to larger corporate tenants not currently in Saratoga Springs. The
only downtown site that can accommodate large office tenants currently is Congress Park
Centre. The development of Excelsior Park will be phased and take five to ten years to
complete. At the current rate of demand for downtown office space, Excelsior Park could
come to fruition in time to accommodate some employers who would otherwise have to
seek space outside of Saratoga Springs. (Add to DEIS page 3-42 after second full
paragraph.)
(2) (From CC-4)Hotels have different requirements for different concepts. Some like to
be in the central business district. Others want interstate exposure and easy parking.
Some hotel guests enjoy downtown's activity. Others would prefer a calmer location.
Excelsior Park's applicants are pursuing several different concepts, some of which are
not yet present in Saratoga Springs. A good mix of hotel types in different price ranges
with varying amenities is beneficial to the economic vitality of the city. (Add to DEIS
page 3-43 after 3rd full paragraph.)
(3) (From CC-5) The City is committed to ensure that any approved project will be
designed to encourage people to visit downtown. Visitors come to the City's downtown
to experience its mix of commercial (shopping) uses, restaurants, cultural uses (library,
Children's Museum) and open space (Congress Park). (Add to DEIS page 3-41 after first
full paragraph in Section 3.7.2.2.)
Excelsior Park FEIS 16 of 27
(4) (From CC-9) Regarding the Square Footage Survey of the downtown Business
District (DTBD), it is important to compare non-residential space in Excelsior Park with
non-residential space(not just to the DTBD office space,) in the DTBD because the non-
residential portion of Excelsior Park comprises office, hotel, daycare, spa, convenience
retail, auto showroom—a mix similar to downtown. Some comments incorrectly compare
non-residential uses in Excelsior Park to DTBD 1994 office uses only. (Add to DEIS
after first paragraph on page 3-42.)
1.11 DEIS Section 3.7.3, "Aesthetic Resources"
(1) (From AR-1) Buildings A-F were not included in the sound resources analysis.
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. (Add to DEIS Section 3.7.4.3
Mitigation Measures page 3-53)
(2) (From AR-4) At least 100 feet of vegetation on the project site will be retained as a
buffer along the Northway with areas up to 150 feet wide preserved as a buffer. There is
additional vegetation that will remain off the project site and between the project and the
Northway. The proposed buffer will be as wide, and in some cases wider, than the
existing buffer between the Northway and "The Woods" neighborhood to the south of the
project site. (Add to DEIS Section 3.7.4.3 Mitigation Measures page 3-53)
(3) (From AR-9) Construction will take place during typical construction time frames.
Outside construction activities will typically occur during the warmer months, during the
day, and generally between the hours of 7 AM and 5 PM Monday through Friday. More
specific restrictions on construction operations for the various components of the overall
project to mitigate construction impacts will be established with the Special Use Permit
and/or during the site plan reviews for the various project components. (Add to DEIS
Section 3.7.4.3 Mitigation Measures page 3-53)
(4) (From AR-9) In order for noise barriers to be effective they must be tall enough to
block the line of sight (sound waves) between the noise source and noise receptors.
Therefore any barriers, in order to provide any effective sound reduction would need to
be 30 to 90 feet tall. (Add to DEIS Section 3.7.4.3 Mitigation Measures page 3-53).
(5) (From AR-9) Construction traffic will access the site in the most direct and efficient
manner available. The most likely route would be via NY Route 50, Veterans Way and
Excelsior Avenue. This route will be specified as the construction access route in
contract documents with construction contractors. (Add to DEIS Section 3.7.4.3
Mitigation Measures page 3-53)
(6) (From AR-12) The photographs taken for the visual impact analysis contained in the
DEIS were all taken within close proximity to the site. All photographs were taken from
Excelsior Park FEIS 17 of 27
an angle that is the same view that would be experienced from a person traveling in an
automobile on local roads or on foot. The angles of the views also represent what can be
expected from travelers with potential views into the project site. Traveling motorists
will predominantly experience views into the site when their vehicle is oriented in such a
way that it is facing into the site. Right angle views into the site would require a traveler
to turn their head and look into the site when passing by the site. While this view is
possible, the great majority of travelers will experience the views depicted in the visual
simulations presented in the DEIS. (Add to DEIS page 3-48 before first full paragraph.)
(7) (From AR-13) The description is a description of the existing visual character of the
immediate NY Route 50 corridor and its surroundings as one proceeds westbound into
Downtown from the Exit 15 area. The automobile dealership referred to is New Country,
which is one of the first things a northbound traveler exiting the Northway at Exit 15
encounters. The medical offices referred to were the former CHP building near the
intersection of NY Route 50 and Veterans Way that is currently undergoing
expansion/reconstruction into a boarding school. The service stations referred to are the
Mobil station on Marion Avenue just north of NY Route 50 and the former gas station on
Marion Avenue just south of NY Route 50. (Add to end of DEIS Section 3.7.3.2,just
before "Mitigation Measures".)
1.12 DEIS Section 3.8, "Municipal Resources"
(1) (From MS-1) In the spring of 2002 the executive summary for the Saratoga Springs
Water Source Development Project (Water Source Project) EIS was made available for
public review.
The Water Source Project includes a description of the current "safe yield" of the City's
water supply system. Safe yield is defined in the EIS executive summary. "The amount
of water that can be withdrawn from a water supply source during a severe drought is
referred to as its safe yield." The current estimated safe yield of the City's water supply
is in the range of 6.0 to 7.3 million gallons of water per day (MGD) (Executive Summary
page S-4).
In addition to providing data regarding safe yield, the Water Source Project EIS executive
summary also contains data on current demands on the City's water system. Table ES-1
contains the following values:
o Average Daily Demand During the Entire Year=4.32 MGD
o Summer Season Average Daily Demand=5.69 MGD
o Maximum Daily Demand= 8.16 MGD
The following points relate the proposed project to these figures.
o On an Annual Daily Demand (ADD) basis the current demand of 4.32 MGD is within
the estimated safe yield of 6.0 to 7.3 MGD. Adding the full buildout demand of
Excelsior Park FEIS 18 of 27
Excelsior Park of 0.09 MGD would increase the ADD to 4.51 GPD (a 2% increase)
and the ADD would still be well below the safe yield of 6.0 to 7.3 MGD.
o Similarly, for the Summer Season Average Daily Demand (SSADD) the current
demand of 5.69 MGD is within the estimated safe yield of 6.0 to 7.3 MGD. Adding
the full buildout demand of Excelsior Park of 0.09 MGD would increase the
SSADDD to 5.78 GPD (a 1.5% increase) and the SSADD would still be below the
safe yield of 6.0 to 7.3 MGD.
o The current Maximum Daily Demand (MDD) of 8.16 MGD currently exceeds the
estimated safe yield of 6.0 to 7.3 MGD. Adding the full buildout demand of Excelsior
Park of 0.09 MGD would increase the MDD to 8.25 GPD (a 1% increase) and the
MDD would be 1% higher than the current MDD above the safe yield of 6.0 to 7.3
MGD.
In summary, if the full water demand of Excelsior Park were added to existing water
demand immediately, rather than over 5 to 10 years, the City's water supply can
adequately supply the full project based on average daily demand and summer season
average daily demand. The full project water demand represents a 1.5% to 2% increase
in these demands, respectively.
At present the maximum daily demand of 8.16 MGD currently exceeds the estimated safe
yield of 6.0 to 7.3 MGD. The entire Excelsior Park project would result in only a 1%
increase in the demand on the City's water system under this circumstance. 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, if it ever became necessary to impose a moratorium on new development due
to water supply reasons, that would also apply to any parts of Excelsior Park for which
construction permits had not been issued prior to such a moratorium being enacted. It
should be noted that this FEIS does not consider, nor is it legally required to consider, the
effect of other pending projects on city resources.
(Add to DEIS at end of Section 3.8.3.1, page 3-56)
(2) (From MS-2) The FEIS provides a greatly expanded description of the methodologies
used to perform the socioeconomic analyses contained in the EIS, including the
methodologies used to calculate costs for municipal services as well as the benefits that
would occur under the various alternatives analyzed.
(3) (From MS-3) The FEIS includes an analysis of the estimated number of emergency
calls that could be anticipated to be generated by the proposed development. This was
reviewed and approved by DPW(See Appendix 1 Correspondence). (Add to end of
Section 3.8.1.2 on DEIS page 3-54). The City school district was also contacted to
confirm the previous information they had provided (See Appendix 1 Correspondence)
Excelsior Park FEIS 19 of 27
(4) (From MS-9) The City Recreation Office was contacted numerous times during the
preparation of the EIS, including as recently as August 6 and August 29, 2002 in order to
request more definitive information. (See Appendix 1, "Correspondence"). No
additional information has been provided by the Recreation Office. (Add to end of DEIS
Section 3.8.8.1 on page 3-61.)
(5) (From MS-1l) On August 9, 2002 an engineer from the LA Group discussed the
Excelsior Park project with the Executive Director of Saratoga County Sewer District
No.1 (SCSD#1). According SCSD#l, based upon the current infrastructure and the
currently estimated flows, which include projections of additional flows from the City
and the Town of Wilton, there is ample capacity to adequately serve the Excelsior Park
project. (Add to end of Section 3.8.4.2 on DEIS page 3-57)
1.13 DEIS Section 3.9, "Socioeconomic and Fiscal Resources"
(1) (From SE-1) The FEIS provides a more detailed description of the socio-economic
situation in Saratoga Springs, including issues such as housing types, occupancy data
split by housing type and rent v. ownership, income estimates, poverty levels, age of
population, family size, and the percentage of income spent on housing. (Add to end of
DEIS Section 3.9.1.1,page 3-64)
(2) (From SE-21) The FEIS provides additional information regarding potential business
opportunities for Saratoga Springs that were lost due to the lack of a suitable site. The
reference was to businesses such as Delmar-Thompson Learning (Delmar Publishing),
which sent out a Request For Proposals in early 2000. The requirement was for a 100,000
square foot building initially with the capability of expanding to 150,000 square feet. .
The Applicant, is confident that another such corporate tenant or tenants can be attracted
to Excelsior Park once the site is approved for the use and can be marketed as "shovel
ready". (Add to end of DEIS page 3.9.3.2 on page 3-70.)
1.14 DEIS Section 3.10, "Cultural Resources"
(1) (From CR-1) As discussed in more detail in this FEIS, prior to beginning any ground
disturbing activities on the project site the Applicant must submit to the Planning Board a
Letter of No Effect from the New York State Office of Parks Recreation and Historic
Preservation (OPRHP). (Add as mitigation measure on the end of DEIS page 3-72.)
(2) (From CR-3) 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. There is no documentation of any prior interest
from anyone in the remnants of the mud baths. It should also be noted that the remains
are primarily at the lowest level of the site, in flood plain, and in an area which will
remain undisturbed by the construction of the project. (Add as mitigation measure on the
end of DEIS page 3-72.)
Excelsior Park FEIS 20 of 27
1.15 General and Mixed Comments Received on DEIS
Particular sections of the DEIS are not referenced in Section 1.14 because the information
is pertinent to a number of different topics or is general in nature.
(1) (From GM-9) The EIS examines a wide range of environmental factors relating to the
suitability of the site for project development. These factors include, but are not limited
to the following; geologic resources, topography, air resources, vegetation, wetlands, rare
threatened and endangered species, and soils. These factors have been considered in
detelinining the areas proposed for development on the site and will be considered by the
Planning Board in the Special Use Permit and/or site plan review process.
(2) (From GM-14) By declaring the DEIS complete on May 22, 2002 the Planning Board,
as Lead Agency, agreed that the requirements of the Scoping Document had been met.
Comments and questions raised by the Planning Board and its Consultants, and by those
who provided comment during the public comment period, are addressed in this FEIS.
(3) (From GM-21) Section 2.16 of this FEIS, "Alternatives", including a new Table F-5-
1,provide a comparison of the various alternatives examined in this EIS as they pertain to
the proposed density of the Excelsior Park project. The EIS compares the different
impacts of this range of alternatives and proposes mitigation measures to address these
impacts. There is no "worst case" scenario as it relates to density for this project. There
are no regulations pertaining to allowable density in the Outer Excelsior Avenue District
Special Development Area.
(4) (From GM-24) The K-Mart store closed as a result of bankruptcy of this national
retail chain, and was not reflective of the overall economic vitality of the Saratoga region.
The economic vitality of the Saratoga region is evidenced by the nearby Shoppes at
Wilton under construction across from the Wilton Mall. This is occurring at the same
time as the recent approval of Phase 2 of Congress Park Center and a mixed-use
residential commercial building on Phila Street in downtown Saratoga Springs. Both
downtown and areas outside of downtown continue to flourish concurrently.
(5) (From GM-35) Included in the Alternatives section of this FEIS is a discussion of
how a mix of preferred uses (according to the Comprehensive Plan) on the project site is
the alternative that produces highest amounts of traffic and the lowest amount of
socioeconomic benefit of the 11 alternatives examined.
(6) (From GM-36) The general background growth rate used in the traffic analysis
accounts for the growth in traffic expected from a general increase in traffic and from
small-scale projects that have been approved by the City (i.e., The Mill expansion and the
boarding school). Based on information provided by NYSDOT and CDTC, a general
background growth rate of two percent per year was used. In addition to the general
background growth rate, traffic volumes expected from the larger scale Shoppes of
Excelsior Park FEIS 21 of 27
Wilton development, that has been approved by the Town of Wilton for a site on Route
50 located east of the subject project, were accounted for in the background traffic
volumes. These volumes were added to the background traffic using data from the
October 2001 Traffic Impact Study Report prepared for the Shoppes of Wilton project.
Thus the Traffic Impact Study included in the DEIS and revised for this FEIS examines
the cumulative affects of the project with current and future traffic and bases its proposed
mitigation measures on an analysis of these cumulative conditions.
(7) (From GM-49) The following citations should have appeared in the References
section at the end of Volume 1 of the DEIS since they were referred to in the DEIS.
® Catherine Johnson. 1998. Excelsior Avenue Corridor Study, A Proposal to Redevelop
Excelsior Avenue.
o City of Saratoga Springs Comprehensive Plan. 2001
o City of Saratoga Springs Zoning Ordinance. 1990 (with updates)
(8)From GM-50) Land uses proximate to a site but separated by a road or a political
boundary from that site contribute to the area's character and help define land use
characteristics in the vicinity of the project site.
1.16 DEIS Section 5, "Alternatives"
(1) (From AL-1) For the FEIS the Planning Board requested that an additional, new
alternative be evaluated to assist in the Board's consideration of potential, significant
adverse environmental impacts given the record of public comment to date. The new
alternative is also to help the Planning Board analyze and define the mix and extent of
land uses that might be a part of the special use permit and conditions. This "Reduced
Non-Residential / Residential Alternative" would generally consist of: a total of up to
110,000 sq. ft. of mixed Office/High Tech/R&D/Hotel/Light Manufacturing/Retail and
Spa. Of these non-residential uses, up to 10,000 sq. ft. can be accessory retail, up to
50,000 sq. ft. can be hotel and up to 40,000 sq. ft. can be office/high tech/research and
development/light manufacturing/spa. Included can be up to 210 residential units with an
additional 10%bonus for moderate-income housing.
For the purpose of this EIS, this alternative shall be known as Alternative 11. As is the
case with several of the alternatives analyzed in the EIS,because Alternative 11 is a
scaled down version of the Applicant's initial proposal, it would not entail a new
Supplemental Environmental Impact Statement because its impacts would be less than
the impacts under the initial proposed project.
Alternative 11 would slightly reduce the overall building density on the site. Total non-
residential square footage would be reduced from the Applicant's proposed alternative
with 150,000 square feet to 110,000 square feet. This alternative would allow for up to
231 residential units as compared to the 270 proposed by the Applicant. The other
Excelsior Park FEIS 22 of 27
difference in Alternative 11, from an overall land use standpoint, is the elimination of the
automobile dealership. From a socioeconomic standpoint Alternative 11 would generate
an annual net benefit of$177,000 per year.
This alternative proposes specific limitations on the size of some of the non-residential
project components. This would restrict potential tenants of the Excelsior Park project
and eliminate a certain section of the market that may otherwise consider Excelsior Park
as a location for its business.
o The proposed alternative reduces the "office" component to 40,000 square feet
maximum. (See response to comment SE-21 that describes potential tenants with
larger space requirements)
o The proposed alternative mandates specific allocations of space to particular non-
residential uses, contrary to the applicant's intention to allow the market for different
types of space to determine the mix.
The following is a description of the potential traffic impacts, impacts on land use and
community character, socioeconomic benefits, and water supply demands of this
alternative. These four issues have received particular attention when analyzing the
various alternatives in the EIS.
Traffic
Alternative 11 would generate approximately 97% of the peak traffic as compared to
Alternative 1 proposed by the Applicant. By comparison, Alternative 3 would generate
approximately 99% of Alternative 1. Alternative 4, which contains approximately half
the number of residential units and non-residential square footage of the other
alternatives,would generate approximately 44% of the peak traffic as Alternatives 1 and
2.
Land Use and Community Character
Alternative 11 provides a new mix and extent of proposed land uses that more closely
meets the Planning Board's perception of what the City's intent was for the relatively
new Outer Excelsior Avenue District,within which Excelsior Park is proposed.
Socio-economics
The net economic benefit of Alternative 11 is approximately$177,000 annually. This is
slightly higher than Alternative 3 (approximately$169,000 annually) and somewhat
lower than Alternative 1 (approximately$205,000 annually). Alternative4, which
contains approximately half the number of residential units and non-residential square
footage of the other alternatives, would produce approximately $99,000 annually.
Excelsior Park FEIS 23 of 27
Water Supply
As described in this FEIS, there is existing capacity within the safe yield of the City's
existing water supply to safely meet the demand of the Excelsior Park project that has
been calculated to be approximately 100,000 gallons per day.
For Alternative 11, daily water demand at full buildout was calculated to be
approximately 80,000 gallons per day (gpd) or 0.08 million gallons per day (MGD).
This is approximately a 2% increase of the City's average daily demand, or a 1.5%
increase in the City's summer season average daily demand. On a percentage basis, this
is the same as Alternative 1.
Since full buildout of the Excelsior Park project is expected to take between five and ten
years, it is possible that during this time that the City may make improvements to its
water supply system to further increase its safe yield.
(Add to beginning of DEIS Section 5.3)
(2) (From AL-2) Infrastructure improvement cost details will be required to be provided
at site plan review and are not required to be provided at this time. (Add to beginning of
DEIS Section 5.3)
(3) (From AL-3) A search of the City's Zoning Ordinance for the term "street frontage"
did not reveal any requirements for street frontage for residential uses.
Under the Grid Street Layout (DEIS Figure 5-1) the buildings do have street frontage,
either on a through road, a connector road, or in the case of building "R" and building
cluster"CR", frontage on a cul-de-sac off of a through road.
Under the project Sketch Plan in the DEIS (DEIS Figure 2-1), only building "K" does not
have street frontage. It is possible to exchange building "K" location with its associated
parking so that building "K' could then have street frontage along with all of the other
buildings. (Add to DEIS after second paragraph of section 5.4.1)
(4) (From AL-4) Under 5.6.2 this alternative consists of 420 residential units, the sum of
the numbers provided in 5.6.2 (DEIS page 5-9). (Add to end of DEIS Section 5.6.2 before
"Land Use and Community Character".)
(5) (From AL-5) Table 5-1 was inadvertently omitted from the printing of the accepted
DEIS. Once this omission was detected 25 copies of Table 5-1 were immediately
delivered to the City by the Applicant for distribution by the City to those who were sent
the DEIS.
For this FEIS Table 5-1 has been separated into two tables. Table F-5-1, "Comparison of
Alternative Scale or Magnitude", includes five alternatives with varying densities.
General land uses in these different alternatives are the same. The five alternatives
Excelsior Park FEIS 24 of 27
include Alternatives one (1) through four (4) from the DEIS, and the additional
alternative described in comment AL-1, Alternative 11.
Table F-5-2, "Comparison of Alternative Project Designs or Types", includes alternatives
five (5) through ten(10) from the DEIS, among these alternatives are different street
patterns (i.e. grid street pattern) and different land uses (i.e. mix of preferred uses,
predominantly residential neighborhood).
Comparison of Alternatives
The following is a discussion in support of some of the conclusions presented in the
DEIS regarding comparisons of the various alternatives.
Traffic Generation—Peak Hour Trips
Peak number trips for each alternative examined utilize the proper Institute for Traffic
Engineers (ITE) multipliers for the various land uses and their sizes included in that
alternative. This is described in DEIS Section 3.6.2 on pages 3-25 and 3-26 as well as in
the revised Traffic Impact Study included as Appendix 2 to the FEIS. There are
different traffic generation multipliers for Office Space, Residential, Auto
Showroom/Service Center and Hotel. The Trip Generation summary table on page 8 of
Traffic Impact Study provides the various formulas for the different land use codes.
Most formulas represent linear or first order relationships, while the office space formula
is based on a natural logarithmic relationship between square footage and trips generated.
Depending on the different land use scenarios proposed, there will be different volumes
of traffic generated for the different design alternatives. The peak generated traffic
volume for each alternative is represented by the sum of the trips generated for each
design component for each peak travel period.
Table F-5-3, "Traffic Generation from Analyzed Alternatives", presents the AM and
Peak, PM Peak for the 11 alternatives analyzed. The combined AM and PM peaks for
Alternative 1 is 852 vehicle while the combined AM and PM peaks for Alternative 9 is
458 vehicles. The highest trip generation occurs with Alternative 8 with a combined AM
and PM peak volume of 987 vehicle trips with the lowest trip generator being Alternative
4 with a combined AM and PM peak volume of 378 vehicle trips.
Economic Analysis
The difference in economic benefits between the alternatives is discussed in DEIS
Section 3.9, "Socioeconomic Section", and in Detail in DEIS Appendix 4, "Fiscal Impact
Analysis Socio-Economic Profile". The differences in economic costs and benefits are a
result of a number of factors. These include:
o Each alternative has a distinct mix of land uses and intensity of those uses which
cause variation in municipal costs and revenues.
Excelsior Park FEIS 25 of 27
o The cost to provide municipal services to residential land uses is proportionally more
than for commercial uses, more residents generally translates into higher costs to the
City to provide necessary services.
o The type of housing unit, number of bedrooms per unit, and number of units in each
alternative directly affects the projected number of new residents. These variables are
significant in relation to projections for new school children, causing distinct variety
in each alternative for any school district gain or loss.
o Key non-property tax revenue sources, such as sales tax receipts and State/Federal
aid, are influenced by the type and mix of land uses and the extent of new population.
Because Alternative 9 is strictly a residential development it generates a net benefit that is
greater than Alternative 1,primarily because of the higher revenue it generates ($901,702
versus $642,835 for Alternative 1) while the total expenses for the two are not as
disparate ($589,964 for Alternative 9 versus $437,960 for Alternative 1).
(Add to start of DEIS Section 5.3)
(6) (From AL-6) The terra"reasonable" is used in the DEIS analysis of alternatives
consistent with the guidelines contained in"The SEQRA Handbook" (NYSDEC, 1992).
When discussing alternative scale or magnitude of an action, an alternative is not
reasonable if it changes the project to the point where it will no longer serve its intended
function. In the case of Excelsior Park, reducing density to a point where the project is
no longer a mixed-use new urbanism development would not be a reasonable alternative.
Similarly,when evaluating alternative uses or types of actions, an alternative may be
considered not reasonable if the alternative is one which the project sponsor is not
experienced in or does not typically sponsor. An example of this would be Alternative 8
in Table F-5-2 which includes institutional and distribution/warehouse uses that the
applicants do not typically sponsor, nor do they have experience in such development.
The term"feasible" is used in the DEIS to refer to economic feasibility. An alternative is
simply not feasible if the Applicant does not receive a reasonable return on their
investment. An example of this would be Alternative 4 that consists of 50,000 square
feet of non-residential space and 110 residential units. The expenditures necessary for
project infrastructure are too high of a proportion of the total value of the project to make
this alternative economically feasible.
Table F-5-1, "Comparison of Alternative Scale or Magnitude", and Table F-5-2,
"Comparison of Alternative Project Designs or Types", have been reviewed and
corrected where necessary so that there is consistent use of the terms "reasonable" and
"feasible" as described above.
(7) (From AL-10) Alternative 8 in Table F-5-2, "Comparison of Alternative Project
Designs or Types", is the alternative that represents the Mix of Preferred Zoning Uses
that includes light industrial uses. The traffic that could be generated by this alternative
Excelsior Park FEIS 26 of 27
is the highest of all of the alternatives analyzed; 987 trips total, 445 AM peak, 542 PM
peak. As shown in Table F-5-3, "Traffic Generated from Analyzed Alternatives, this is
16% more traffic than Alternatives 1 and 2 proposed by the Applicant. (Add to end of
DEIS Section 5.4.2 on page 5-6.)
(8) (From AL-12) The environmental constraints of the project site, including, but not
limited to slope limitations and the presence of wetlands, were taken into account during
the design of the Excelsior Park project. Provision of two access roads off of Excelsior
Avenue for the Excelsior Park project was also incorporated into the design to address
concerns over access to the project site.
It is unclear how these same constraints would have a different affect on site planning for
a different land use, such as light industry. Regardless of the use type(s)proposed for the
property, the site has its inherent constraints that direct land uses to certain portions of the
property, while avoiding the other portions of the project site with environmental
constraints such as slopes and wetlands. (Add to DEIS just before Section 5.1, page 5-1.)
(9) (From AL-18) The City of Saratoga Springs does not include a zoning district of
"Forever Wild" among the various districts contained in its zoning ordinance. (Add to
Section 5.4, end of page 5-6 of the DEIS).
(10) (From AL-25) The grid street pattern was another specific alternative that the
Planning Board required to be addressed in the DEIS. A grid design on the site requires
imposing a more rigid design approach that has less flexibility than alternative design
approaches with less rigidity and more flexibility to avoid potential impacts to resources
such as wetlands.
Excelsior Park FEIS 27 of 27