HomeMy WebLinkAbout20190117 Eberlein Subdivision Corr 1-16-20 ERLING
Sterling Environmental Engineering, P.C.
January 7, 2020
Ms. Leeanne Raga via email: ragalt(aanycap.rr.com
50 Ruggles Road
Saratoga Springs,New York 12866
Subject: Proposed Development Review
Eberlein Subdivision
42 Ruggles Road, Saratoga Springs,New York
STERLING File #2019-73
Dear Ms. Raga
In accordance with our December 6, 2019 proposal letter, Sterling Environmental Engineering, P.C.
(STERLING) has performed an independent evaluation of documentation submitted to the City of
Saratoga Springs (City) Planning Board for the proposed Eberlein Subdivision located at 42 Ruggles
Road. This evaluation included a preliminary evaluation to determine possible areas that warrant
additional review. Based on our review, the primary areas that warrant additional review include
conformance with the City Conservation Subdivision requirements and adequacy of the Stormwater
Pollution Prevention Plan (SWPPP) and Design Drawings.
Conservation Subdivision
The basis of the Conservation Subdivision as codified in section 241-4 of the City code and described in
the 2015 Comprehensive Plan is to allow a pattern of development that places housing units on those
portions of property most suitable for development, while leaving substantial portions as undeveloped
open space. A critical element of the Conservation Subdivision is preparation of a Conservation Analysis
that requires, among other things, an analysis of the conservation value of various site features. Review of
the submitted application materials does not include the required Conservation Analysis. The Application
for Conservation Subdivision Plat Completion Checklist identifies conservation features, but does not
analyze the conservation value of each, as required. Specifically,the Conservation Analysis must describe
the importance of the current and potential conservation value of all land on the site.
The Conservation Analysis should focus on the importance of buffers and natural resource value of the
currently forested land (that includes steep slopes and aquatic features) that is proposed for residential
development following subdivision. A review of the City Tax Map identifies the subject property and two
adjacent properties as Lots 23.1, 23.2, and 23.3, which implies a prior three-lot subdivision of the original
Lot 23. Further review of historic aerial imagery dating back to 1964 shows that the identified unnamed
stream pre-dates any residential development. Therefore, subdivision and residential development of the
existing lots occurred systematically around the unnamed stream leaving areas undeveloped, including
identified steep slopes.
The original subdivision record, including any State Environmental Quality Review Act (SEQRA)
documentation, should be reviewed through a Freedom of Information Law (FOIL) request to the City,to
determine if that subdivision approval was based on development limitations such as the steep slopes or
stream buffer, and if the conservation value of the area proposed for development was previously
evaluated. Any determinations made during the original subdivision should be considered in the
Conservation Analysis for the proposed subdivision.
"Serving our clients and the environment since 1993"
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E-mail: sterling@c@sterlingenvironmental.com • Website: www.sterlingenvironmental.com
Ms. Leeanne Raga January 7, 2020 Page 2
SWPPP and Design Plans
STERLING provides the following comments on the submitted SWPPP dated December 5, 2019 and
Design Plans dated December 12, 2019.
SWPPP Comments:
• While submittal of a full SWPPP with post-construction controls is not required due to planned
disturbance less than 1.0 acre, all land disturbance activities are required to adhere to performance
and design criteria outlined in City Code Section 242-8.
• In accordance with New York State Education Law, all plans, specifications, plats, and reports
must be stamped with the seal of a Professional Engineer. No official of the state, or any city,
county,town, or village shall accept or approve any plans, specifications,plats, or reports that are
not stamped.
• The submitted SWPPP includes a filled out Notice of Intent, which implies that the project
intends to obtain coverage under the New York State Department of Environmental Conservation
(NYSDEC) General Permit for Stormwater Discharges from Construction Activity. If that is the
case, the SWPPP needs to be revised to include all necessary content, such as contractor
certification statements, detailed inspection criteria, practices for steep slopes, and a completed
MS4 Acceptance Form.
• The SWPPP text refers to three discharge points that were assessed, but the attached runoff
calculations only identify two discharge points. The runoff calculations should be updated to
match the text to allow the City Engineer to perform a complete review.
• The included Environmental Assessment Form (EAF) is blank and should be replaced with the
most current project EAF.
Design Plans:
• In accordance with New York State Education Law, all plans, specifications, plats, and reports
must be stamped with the seal of a Professional Engineer. No official of the state, or any city,
county,town, or village shall accept or approve any plans, specifications,plats, or reports that are
not stamped. Stamping plans by a Professional Engineer is also a City requirement under Section
241 Article II.
• The plans should be updated to include the following:
o Add silt fence along the downgradient portion of the limits of disturbance (e.g., west of
the septic leach field)
o Indicate the proposed electrical service alignment.
o Indicate the proposed heating method and tank location if using oil.
o Add a cut/fill analysis to determine net import or export needs.
• Neither of the percolation test pits occurred in the proposed septic leach field and clay was
identified as shallow as 50 inches below the ground surface. The proposed grading plan indicates
a cut in a portion of the leach field and the two test pits occurred at differing elevations that might
not correlate to the location of the leach field. The City Engineer should confirm that the test pits
satisfy applicable Department of Health septic design criteria.
Ms. Leeanne Raga January 7, 2020 Page 3
Based on our review, STERLING recommends performing a FOIL search with the City on past
subdivision records for the subject property and surrounding lots. The Planning Board record of a past
subdivision will be important in providing context for the current state of development that has
intentionally left the subject area undeveloped to this point while surrounding land was subdivided and
developed. The technical points related to the SWPPP and design plans are relatively minor and can be
corrected by the Applicant. It is our opinion that the approval of this subdivision will come down to the
City's intent of a Conservation Subdivision and the history of the subject area.
Very truly yours,
STERLING ENVIRONMENTAL ENGINEERING, P.C.
Andrew M. Millspaugh,P.E.
Vice President
Andrew.Millspaugh@sterlingenvironmental.com
Email
S:\Sterling\Projects\2019 Projects\Eberlain Subdivision-Ruggles Road-2019-73\Correspondence\2020\2020-01-07Eberlein
Subdivision ltr.docx