IN THE MATTER OF THE APPLICATION } EVALUATION OF
OF EMILY AND MEREDITH, LLC. FOR } ENVIRONMENTAL
ANNEXATION TO THE VILLAGE OF VALATIE } IMPACTS
OF 14.36 ACRES OF LAND IN THE TOWN OF }
KINDERHOOK WHICH BORDERS STATE }
ROUTE 203 AND ROD AND GUN CLUB ROAD }
Project Description
Petitioner seeks the annexation to the Village of Valatie 14.36 acres of land which are in the Town of Kinderhook. The land is located in the AR Zone which limits density to one dwelling per five acres of land. The area in which the land is located has been designated a “Scenic Area” in the Comprehensive Plan of the Town adopted by the Town Board of the Town of Kinderhook in August, 2000 {the “Comprehensive Plan”) . A “Scenic Area” is a land area within the Town which is recognized as having unique visual qualities which contribute to the Town’s economy, environmental health and overall quality of life (see page 59 of Comprehensive Plan) The parcel of land which is the subject of this annexation is part of a larger land area which has been
historically devoted to agricultural. The area consists of rolling hills, open fields atop a drumlin (a unique geologic features created in the last ice age); much of the area is still devoted to farming–hay production
The applicant proposes to convert the use of the land to single family dwellings, each constructed on lots of ½ acre in size or less. Currently it proposes to construct 24 houses. Such use will require appropriate zoning action on the part of the Village.
Project Impact
Question 1. Will Proposed Action result in a physical change to the project site?
a. The Comprehensive Plan and the Zoning Law of the Town enacted pursuant to it have as their principal goals the preservation of the essential rural character of the Town and its historical assets; the fostering of agriculture; and the preservation of open spaces, the subject land is located in a Scenic Area. The conversion of almost 15 acres of land in this area from low density agricultural to high density residential use is inconsistent with these goals and, hence is an “...impairment of the quality of important historical...resources (and) of existing community or neighborhood character”. (6 NYCRR 617.7 [v]) and is in conflict with the Comprehensive Plan (id. at [iv])
b. With regard to the SEQRA inquiry concerning “Construction that will continue for more than 1 year or involve more than one phase or stage.” This must be answered as a potentially large impact.
c. As an “other” under this question, please see the response to Question 19 concerning:
- Proposed Action will conflict with officially adopted plan or goals of both Town and Village.
- Proposed Action will cause a change in the density of land use.
- Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community.
All the above SEQRA Form issues must be considered as being of “Potential Large Impact” as not only contrary to Town’s Comprehensive Plan but the goals set forth in the Valatie Draft Comprehensive Plan which opposes annexation, seeks to decrease density and seeks to protect open spaces and historically important lands.
Question 2. Will there be an effect to any unique or unusual land forms found on the site? ( i.e. Cliffs, dunes, geological formations etc.)
There is an esker or drumlin which is a unique geological formation.
Question 5. Will proposed action affect surface or groundwater quality or quantity?
The following issues are set forth as factors for consideration;
- PA requires use of a source of water that does not have approval to serve proposed (project )action
- PA requires water supply from wells with greater than 45 gallons per minute pumping capacity.
- PA will adversely affect groundwater.
- Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity.
- PA will allow residential uses in areas without water and/or sewer services.
a. At the numerous public hearings held with respect to this proceeding residents raised the issue of erosion, complaining of existing basement flooding in the neighborhood and the potential exacerbation of this problem by the residential construction contemplated by the applicant. This impact may be mitigated by the Stormwater Maintenance permitting process.
b. PA will need additional water from VoV water supply and will require future approval of VoV for both Water a Sewage service. If shown feasible the above issues present Potential Large impacts or may be mitigated.
Question 6. Will PA alter drainage flow or patterns or surface water runoff?
Sub issue: PA may cause substantial erosion.
See 5 above and is subject to mitigation
Question 10. Will PA affect agricultural land resources?
Sub issue: The PA would irreversibly convert more than 10 acres of agricultural land or, ….
The proposed action would irreversibly commit more than 10 acres of agricultural land to non-agricultural use, and, hence, “A substantial change in the use, or intensity of use of land, including agricultural, open space, or in its capacity to support existing uses” (id. at [vii])
Question 11. Will PA affect aesthetic resources?
Sub issue: Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource.
For the reasons stated in Number 1 and Number19 the project would have a potentially large impact on aesthetic resources and open space. The Town of Kinderhook in its Comprehensive Plan and zoning laws specifically seek to protect “open spaces”. The Valatie Draft Comprehensive Plan states to its study:
“….Fifty seven percent of all those surveyed and 70 percent of senior citizens felt that there has been a loss of open space in Valatie and indicated that it is very important to preserve the remaining open areas and agricutural lands. The distinct boundary between the Village and the rural country side was considered a positive aspect of the Village…..” ( from Open Spaces, Scenic and Environmental Features” section. Copy attached)
This is a potentially large impact as the section also sets forth in the “Goals’ section:
“Discourage annexation and extension of Village infrastructure that could lead to sprawl and loss o town-village boundaries. “
Question 12. Will PA impact any site or structure of historic, prehistoric or paleontological importance?
Question 13. Will PA affect the quantity or quality of existing or future open spaces or recreational opportunities?
Sub issue: A major reduction of an open space important to the community.
See responses to Numbers 1, 11 and 19 EI form inquiries. The Comprehensive Plan and Zoning and Subdivision Laws of the Town and the Valatie’s Draft Comprehensive Plan all address the need to protect open spaces, scenic vistas and agricultural lands. The Proposed Action increases the impact of residential development beyond that permitted by the Town of Kinderhook Code and thereby increases the adverse effect and alters the protections inherent in the Town’s laws and the Village’s Goals as set forth in its Draft Comprehensive Plan. The goals of the Valatie Plan directly deal with the potential for annexation by stating:
“Discourage annexation and extension of Village infrastructure that could lead to sprawl and loss o town-village boundaries. “
This stated goal is grounded in the need to protect open spaces, agricultural land and scenic areas.
Question 15. Will there be an effect to existing transportation systems?
Sub issue: PA will result in major traffic problems.
A citizen/firefighter at the recent public hearing stated that there had ben major traffic accidents on Rod and Gun Club road. In addition, the intersection of Main Street and Route 9 is recognized as a failed intersection by NYS DOT standards - with no improvements planned.
Additional density will increase the failure.
Question 19. Will PA affect the character of the existing community?
Sub issues: PA will conflict with officially adopted plans or goals.
PA will cause a change in the density of land use.
Development will create a demand for additional community services (e.g. schools, police and fire, etc.)
See Number above responses to Numbers 1, 11, and 15. In addition, the Town Code and SEQRA prohibit or limit step by step development. Specifically, Town Code xxxx provides:
No segmentation
Seqra provides:
No sementation1
School Taxes:
) The Robinwood Lane development consists of 15 houses.~ They are all believed to be 4 bedroom homes similar to the proposed houses in the Buono development. 2) There are currently 31 children residing in those houses, although it some of the younger couples may yet further increase the population of the TOK.
3) This is a ration of 2+ children per new housing unit of this size.~
4) Anthony's proposal is predicated on a development of 24 housing units.~ This would generate at least 48 children likely to be educated at the IC schools.
At 8,000.00 per child the taxes would be: 192.000.00 per year. The $ 8,000.00 figure is an estimate but a more solid estimate will be obtained.
~
Question 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts.
A large number of citizens of both communities, involved appeared at each of the three public hearing held on the matter and expressed objections. Of particular interest is a submittal by Charles White, former Mayor of Valatie, copy of which is a attached.
To date no one has spoken in support.
Mitigation
Except for the potential mitigation measures described in paragraph 5 above the potential impact of the project on the Town of Kinderhook and its residents cannot be mitigated. The construction of 24 houses on 15 acres of land which previously permitted the construction of only 3 is irreversible as is the resultant destruction of the view shed and; the withdrawal of the subject land from agricultural production. Similarly, this project, if approved will render much of the adjoining land unusable for agriculture because of size and contiguity issues.
Positive Declaration
For the reasons stated above the implementation of the action (annexation) may have a significant adverse impact on the environment. Therefor an environmental impact statement will be required.
The above Positive Declaration was duly adopted by a Resolution of the Town Board of the Town of Kinderhook on February 13, 2006.
Kimberly Pinkowski
Town Clerk
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