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HomeMy WebLinkAbout20170987 Cerrone Subdivision OSAC letter 5-15-19 To: Mark Torpey, Chair, Saratoga Springs Planning Board, and Susan Barden, Principal Planner From: Tom Denny, Chair, Open Space Advisory Committee (OSAC) Re: proposed Cerrone conservation subdivision, 138-148 Old Schuylerville Rd Date: May 15, 2019 Hi Mark, Susan Barden relayed the Planning Board's request for the OSAC to render an advisory opinion regarding the conservation priorities on the parcel and the recommended location of the conservation easement and the unconstrained land. Two members of the OSAC walked the property on May 14,joined by Susan Barden and Tina Carton from City Hall. After discussion among committee members, we would share these observations and make these recommendations. While the applicants correctly observe that the property has been"disturbed" in various places and at various times,we found it a rich and interesting property that still possesses much of the"rural character" that the City is committed to conserving in the Greenbelt. We feel it has many natural assets worthy of conservation, some of which we feel were undervalued by the applicant, and that overall the property has great potential for open space conservation. To maximize this potential, we would recommend a completely different site plan, with the houses and the easement in locations different from that in the applicant's materials. Recommended location of structures and conservation easement. Two areas should be protected through a conservation easement: (1) a roughly 2-acre area at the front of the property,retaining the "natural landform"of the hillocks and the natural vegetation of the existing forest and(2) a riparian buffer, narrower than the applicant proposed,with plantings along the wetland at the south end of the property. We would propose that the two houses be sited just south of the hillocks, in the flat area where the applicant plans to do"soil restoration and decompaction,"but not too near the wetland. The applicant's current plan calls for clearing the established forest on the hillocks, for substantial regrading of the natural landforms, and for building two houses on the cleared and graded land. This plan will not conserve some of the parcel's key rural assets. We do not believe that this plan conforms to the approach laid out in the Subdivision Regulations 241-12-D-1. A divided easement would offer a balanced approach that would conserve two important assets, the important wetlands at the back of the property and the rural character of the Old Schuylerville corridor. These are, in our view, more important than setting up a single easement area of contiguous land. The Middle-Mounds area—a different view. It is the OSAC's view that the applicant underestimated the important contribution that the natural landforms and vegetation(the hillocks and the evolving forest) make to the rural character of Old Schuylerville Rd. Human disturbance has certainly altered some parts of these hillocks, including the driveway cut,the carved slopes on the south side of the hillocks, and a small rectangular excavation just east of the driveway. But overall,we think the hillocks and vegetation are important natural features of the property and the rural corridor. The hillocks span several properties, except where they appear to have been cut away and leveled for prior construction, as for the 2015 construction of the house at the adjacent 136 Old Schuylerville Rd. We could not agree with this assessment by the applicant of the "Middle-Mounds" section of the property: "The environmental value of this area is limited to providing a physical buffer between the front and rear sections. The majority of these slopes are man-made." Nor could we agree with their assessment of the existing forest on the hillocks, which they described as "some larger trees sporadically distributed..."Nature is resilient, even in the face of the various disturbances. The hillock area is covered with an early succession forest, dominated by white pine of different ages and sizes, depending on the date of localized disturbances. Various deciduous trees, including northern red oaks,bigtooth aspen, and basswood, are biding their time, waiting to replace the pines in a later stage of forest evolution. "Sporadic distribution"is the way nature grows a forest. Relevant City planning documents: In reaching these recommendations,we consulted the City's 2002 Open Space Map, the 2013 Urban and Community Forest Master Plan, and the Subdivision Regulations, especially 241-12-D-1,which outlines four basic elements that determine rural character. The first three of the four elements landform,vegetation, and structures are particularly relevant to this property. • The 2002 Open Space Map classifies Old Schuylerville Road as a"Rural Road Corridor" • Subdivision Regs. 241-12-D-1-(a)—Landform: "In the RR and SR-1 Districts, locally distinct natural landform features should generally be left in a natural state." And further down, "Minimize cuts and fills." • Subdivision Regs. 241-12-D-1-b—Vegetation: "Preserve existing vegetation patterns and species mix and density." • Subdivision Regs. 241-12-D-1-c—Structures: "Building envelopes in rural areas should be designed to maximize the preservation of the site's natural features (e.g., landform,vegetation), whereas, in more urban environments, sites are more often modified to accommodate the building." • Urban&Community Forest Master Plan—The 2013 Plan was built upon a simple goal, the "preservation and expansion"of the city's forest. The Plan made clear that fulfilling this goal would"serve the public good." Particularly relevant to this project are Action Strategy 1.B, "Preserve mature trees," and Action Strategy 1.H, "Ensure that new land development projects preserve and expand the urban tree canopy." Key considerations: Here are the key points we recommend for Planning Board consideration, including some more detailed observations and recommendations. - Constrained land: Steep slopes. While these may have been created by human disturbance, it is appropriate to consider them as constrained land. Further disturbance of the unstable earth on these steep slopes would pose environmental risks, including increased erosion and silting of the valuable wetlands. Reforestation is progressing on these slopes and they will ultimately blend into the natural hillocks. The 27,421 sq. ft. (0.63 acres) of steep slopes should be included within the conservation easement. - Constrained land: Wetlands? We only raise this as a question. Not knowing where the property line was,we were curious whether any of the wetlands fall within the property. Or how close the property line was to the steep drop into the wetlands. - Calculation of the area to be included in the Conservation Easement. As we read the Subdivision Regulations,the conservation easement should be 110,358 sq. ft. (2.5 acres)rather than the 82,937 sq. ft. (1.9 acres)the applicant has in the plans. The calculation of land to be included in the conservation easement is the sum of(1)constrained land(27,421) and(2) 50% of the unconstrained land(82,937). It is also our understanding that the constrained land itself(the steep slopes in this case) should be physically included within the easement, not just an area somewhere on the property that is equivalent in size to the constrained land. We understand that the Planning Board discussed the steep slopes as human disturbances, but we would encourage you to treat them as a constrained feature of the natural hillocks and place them within the easement area. -Natural landforms of the hillocks. As mentioned above, despite various human disturbances,the small ridge running across a few properties on the south side of Old Schuylerville Rd. is a natural feature. Subdivision regulations 241-12-D-1 call for preservation of such natural landforms. -Natural vegetation. On any project the Planning Board considers,we encourage you to follow the guidance of the Urban&Community Forest Master Plan and ensure the preservation of as many mature trees as possible,rather than removing mature trees and replacing with newly planted landscaping. For a rural project,the Subdivision Regulations cited above (241-12-D-1)provide even more forceful guidance. Left to itself,nature will grow a wonderful forest on the front half of the subject property that will strongly contribute to the rural character of the Old Schuylerville Rd. corridor for decades to come. The OSAC sees no reason to think that removing the natural, "existing vegetation patterns and species mix and density" and replacing them with the proposed"mix of trees, shrubs, and groundcover" will lead to a"higher quality of plantings." Subdivision Regulations 241-12-D-1-b specifically calls for a natural approach to vegetation in a rural setting. (As an aside, we would caution against the planting of beech trees in a rural setting. Consult with DEC for more information.) - Rural character of Old Schuylerville Rd. This is one of the City's"rural road corridors," identified on the 2002 Open Space Map. It could be argued that some of the past development permitted along Old Schuylerville Rd. has not adhered to Saratoga's rural design standards as laid out in 241-12-D- 1. Some projects have instead removed or altered natural landforms and natural vegetation, in ways that create a more suburban flavor. We recommend that such"precedents" should not affect the Planning Board's judgment on this application or future applications. Overall,the road still has many strong Rural Corridor qualities and can retain them if the Planning Board applies the 241-12-D-1 standards rigorously in current and future cases. -Wetlands—The flat area at the south end(back) of the property ends abruptly at a steep rim that drops roughly 8 feet into a beautiful wetland habitat. It must be a spectacular place to experience when the birds and amphibians are in full song. This spot marks one of the northernmost reaches of the great wetland that runs along Saratoga's eastern side. Taken as a whole,this wetland is one of the most important environmental assets in the city, and we applaud the applicant's intention to conserve land in order to protect it. But so little of the wetland is actually on the subject property that we feel this consideration should not be the sole driving force in locating the conservation easement. As described above,we favor an approach that balances protection of two important assets,the rural character(including natural landforms and vegetation) on the front half and the wetlands at the back end. A generous riparian buffer of plantings should be sufficient. In conclusion, it might be useful to note that the City of Saratoga Springs' Conservation Easements were created in accordance with the provisions of Section 49, Title 3 of the Environmental Conservation Law or Section 247 of the General Municipal Law. The law states that the goal is "to preserve or maintain the scenic, open,historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property." Our research with satellite photos indicates that the sandy, forested hills in the front portion of the property is the area's natural topography and ecology. They should be preserved. If the OSAC can answer any questions or be of any further assistance to the Planning Board in this matter, please feel free to contact me.