TOWNOF- -BEDFORD-Westchester County

TOWNHOUSE321 BEDFORD ROADBEDFORD HILLSNEW YORK 10507www.bedfordny.info

CONSERV ATIONBOARD

ChairmanSIMON SKOLNIK232-9457 (HOME)203-943-5670(BUSINESS)

MembersELIZABETH BAILEYDAVID BECKETTDAN FARKASJANEEN SUDAKA-KARLSSONROSEMARY T. LEEANN McDUFFIE,ASSOC. MEMBERJANE PEARL, ASSOC.MEMBERSTANLEY W. STARRBETSY WEIR

TOWNHOUSE666-5140

March 23, 2015

To: Bedford Planning BoardFrom: Bedford Conservation BoardRe.: Wilder-Balter Partners, Inc. proposed Conservation Development-

Old Post Road, Bedford Village

Dear Chairwoman and members,

The Conservation Board at its March 12,2015, meeting discussed thescoping document (reference: Draft Scoping Outline, Wilder BalterResidential Development, Town of Bedford, New York, February 27,2015) which is a portion of the environmental review process for theabove referenced project. With the owner's permission, members of theboard walked the property on March 14,2015.

Based on reviewing project documents and its site walk, the board makesthe following recommendations for inclusion into the referenced draftscoping outline:

1. Page 4, add subpara. g) in Para. A.l

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" Text: Description of the Sewage Treatment Plant, including itsspecific treatment and discharge characteristics.Reason: The type of sewage treatment should be addressed in the"Summary" to highlight the importance of this project feature due toits proximity to the Mianus River.

2. Page 5, add subpara. 9. in Para. B Site Features PlanText: Provide an overlay plan showing the layout of the miningfeatures over a topography and soils plan.Reason: The scope of disturbance within both the proposeddeveloped and undeveloped portions of this project warrant a directoverlay comparison to see the complete impact this project has onexisting site conditions. During the site walk board members notedthat there were several large and deep dry pits with narrow ridges ofunexcavated land remaining from the mining operations. House sitesare shown in the surrounding areas. It is not clear how these homes,roadways and infrastructure will be incorporated into the existingtopography (without large-scale cut and fill operations). An overlaywill complement the standard site features plan.

3. Page 5, add subpara. e) in Para. A. Topography, 1. Existing ConditionsText: A detailed Mining Map of the entire site showing the physicalimpact of the mining operations.as they appear at the present time shallbe included. Features such as traveled ways, depths of water filled

Town of Bedford Planning BoardMarch 23, 2015Page 2

ponds, sites of all excavated areas, waste piles (if any), and any other man-made feature associatedwith the mining operations shall be located.Reason: The previous mining operations so disturbed this site, that a map dedicated just to this sitefeature with as much detail would greatly enhance the understanding of the applicants' goals.

4. Page 7, add subpara. d) in Para B. Soils and Geology 1. Existing ConditionsText: Provide a report from a certified testing agency of any hazardous materials, as defined by theappropriate organization, present in the soil of the project site.Reason: This site is not without history. There is presently one recognized hazardous waste site onthe property (note: acknowledged by the applicant to come from an off-site location). This propertyhas been unused since the-closure of mining operations with no physical presence affecting the sitefor over half a century. It is possible that these mining operations produced toxic materials that maystill be present. Testing of the soils (both terrestrial and aquatic) should be a requirement.

5. Page 9., add subpara. e) in Para. D. Surface and Groundwater 1. Existing ConditionsText: Provide a report from a certified testing agency of any hazardous materials, as defined by theappropriate organization, present in the surface or ground water of the project site.Reason: see item #4 above.

6. Page 9. add subpara. f) in Para. D. Surface and Groundwater 1. Existing Conditions.Text: Provide a map showing the flow of all surface waters on the project site.Reason: (a) Site is hydrologically connected to the Mianus River, and all flow into this drinkingwater source should be shown; (b) Investigate if water from the existing ponds also flow off-site toother private lands and determine what, if any, impact this has had (Anecdotally, a neighbor statesthat Pond 1 flows directly through their property); (c) the outflow from the proposed sewagetreatment plan should be shown, and if it is to be discharged into one of the existing on-site ponds,that routing should be shown.

7. Page 9. add subpara g) in Para. D. Surface and Groundwater 1. Existing Conditions.Text: Analyze the storm water run-off and peak discharge rates for the 2, 10,25,50 and 100-yearstorms utilizing the appropriate New York State agency's information on the impact of ClimateChange. One source could be the New York State Department of Environmental Protection's Officeof Climate Change (website address: http://www.dec.ny.gov/aboutl43166.html).Reason: Does the Soil Conservation Service Technical Release Number 55 include projectionsbased on historic models or models based on climate change predictions? If the analysis is not basedon climate change models, and since this site bas large areas of surface water and the proposal by theapplicant indicates an additional large use of groundwater, it is only appropriate to do the analysis ofpotential precipitation events using more realistic parameters.

Town of Bedford Planning BoardMarch 23,2015Page 3

8. Page 9. add subpart. h) in Para. D. Surface and Groundwater 1. Existing Conditions.Text: Discuss the Aquifer Protection Zone legislation specifically as it applies to density ofdevelopment.Reason: A Conservation Development presents different impacts than a conventional subdivisionand requires a detailed review. It is not clear how this zoning law will impact the application.

9. Page 10. add subpara. f), in Para. D. Surface and Groundwater 3. Mitigation MeasuresText: Describe the possibilities of reducing impermeable surfaces, including the use of alternativeproducts to asphalt paving. ,Reason: Because of the topography of the site and its proximity to the Mianus River, there is a clearresponsibility to reduce storm water run-off. The use of permeable surfaces should be investigatedand discussed. The Conservation Board has repeatedly recommended the use of rain gardens tosupplement good storm water management practices.

10. Page 11. add a 2nd sentence to subpara. a) in Para. E. Vegetation 1. Existing ConditionsText: A current inventory of invasive plants shall be included.Reason: The Conservation Board believes that areas of high environmental value should bepreserved as a priority in our town. For many reasons (all outlined in the applicant's documents),this is such an area. Because of this site's history as an active mining location, its unique and severedisturbance is unquestioned. As the project plans have been initially presented, the applicant hasshown a strong desire to integrate the new community into its environmental surroundings. Webelieve that managing the invasive plants on the entire site is within the grasp of this development'splans. Our board strongly recommends a complete evaluation and management plan for the invasiveplants on this property be developed during the review process.

11. Page 11. add subpara. d) in Para. E. Vegetation 1. Existing ConditionsText: A drawing showing potential site development envelopes indicating the extent permissible toclear property for improvements or other reasons.Reason: In a highly previously disturbed site, defining development is a valid request to haveanalyzed.

12. Page 12. add a 3rd sentence to subpara. a) in Para. F. Wildlife 1. Existing ConditionsText: A current inventory of invasive animals shall be included.Reason: see Item # 10 above.

13. Page 12. comment on subpara c) in Para. F. Wildlife 1. Existing ConditionsComment: Anecdotally, there have been reports of bobcats, foxes, and hawks present on site. Ourboard verified the many active deer trails throughout the site and saw many varieties of birds duringour walk. The Conservation Board has c.ompleted an Open Space map for the town of Bedford, andanticipates the completion of a bio-diversity habitat map for the entire town in the near future.

Town of Bedford Planning BoardMarch 23, 2015Page 4

Enclosed with this letter is a section of the Open Space Map showing the applications' area underconsideration. The site is large enough to be a reservoir of biodiversity by itself, but it also providesconnectivity to other reservoirs of biodiversity. The Conservation Board recommends that theapplicant provide a full habitat study of the property over at least two full summers.

14. Page 12. add subpara d) in Para. F. Wildlife 1. Existing ConditionsText: The location of the existing vernal pond shall be shown on a large-scape map providing at leasta lOOO-footradius from the ponds edges, indicating all lands and structures within that boundary.Details such as trees greater than 4" shall be shown, as well as detailed locations of invasivevegetative species. All built-up features, such as homes and roads, shall be shown. A study of thisfunctioning vernal pond shall cover a period of at least two years.Reason: Vernal ponds are not common in Bedford, although the topography in many locations isideal. This makes their scarcity even more of a concern, since this habitat supports a specializedplant and animal population not commonly found in our town. This vernal pond because of itsproximity to already developed property may be placed in further stress by the applicant's proposedplans. The Conservation Board has in the past strongly recommended the preservation andprotection of vernal ponds in Bedford. We recommend that the applicant make every effort tomitigate any impact that adversely affects this vernal pond.

15. Page 16. add to subpara d) in Para. C. Community Services. 2. Potential ImpactsText: Provide documentation on the light, noise and odor levels of the sewage treatment plant andtheir impact to both on-site and off-site properties.Reason: These would be minimum requests for the applicant's response. Placing a structure such asthe one being proposed into a residentially zoned area should require a full review.

16. Page 18, add subpara. 4. Pre-historical Survey in Para. F. Other Areas of StudyText: Investigate if the mining operations uncovered any items of pre-historic interest.Reason: There are numerous pits that by the virtue of their deep excavated sides could provideopportunities for discovering pre-historical artifacts.

17. Page 18, add subpara. 5. The Clubhouse in Para. F. Other Areas of StudyText: The Clubhouse should be discussed in how its location and operation will affect both on-siteand off-site properties.Reason: The design and operation of the Clubhouse presently is unknown. Normally, these detailswould be developed later in the project's chronology. However, there are significant environmentalimpacts that should be addressed at this stage of the review. This building could be designed as alarge gathering place for both day and evening events, which could result in noise and lightpollution. While its view of Pond 1 makes its location an attractive attribute, buffering fromneighboring off-site properties, as well as even relocating it to a less exposed site, should beconsidered. The Clubhouse presents various issues that would not have come up if this w.ere aconventional subdivision.

Town of Bedford Planning BoardMarch 23, 2015Page 5

18. Page 18, add subpara. 6. The Farm in Para. F. Other Areas of StudyText: Discuss the creation of a 4-acre farm.Reason: This should be fully discussed at it appears on the applicant's plans and raises questions of

_ whether any part of this property will become an Agricultural District. Type of operation, hours ofoperation, use of fertilizers, pesticides and herbicides should be discussed.

19. Page 18, add subpara. 7. The Clubhouse in Para. F. Other Areas of StudyText: Discuss the creation of a community garden.Reason: Considering the large concentration of attached housing with limited private property perunit planned for the site, the addition of a community garden incorporated into the design couldprovide a positive service to the neighborhood already envisioned by this project.

20. Page 18, add subpara. 8. Stone Walls in Para. F. Other Areas of StudyText: Discuss impacts to and mitigation of any stone walls within the site.Reason: Bedford values the stone walls within the town to such an extent, it has a volunteer "StoneWall Watcher" who can serve as a consultant to the applicant in development plans to preserve andmaintain stone walls. That person can be reached through the Planning Department.

21. Page 18, Add para. For "Potential Impacts" and add subpart a) in Para F. Other Areas of StudyText: Discuss, if open public access to the proposal's walking trails is allowed, how this off-sitepopulation will be managed; and also discuss the intended use of these trails by residents of the newdevelopment.Reason: The trails offer both a positive experience as a place for an interesting, and challenging hike,and a negative impact, as the trails can also act as a vector for further invasive plants and a negativeimpact on the natural habitat overall. Ideally, the land in the undeveloped portion of the propertyshould be left alone, and if possible a conservation easement with a suitable land trust protecting andpreserving this land for in perpetuity should be investigated.

22. Page 18, Add para. For "Potential Impacts" and add subpart b) in Para F. Other Areas of StudyText: Discuss impact to and mitigation of any established riding and walking trails located on theproperty.Reason: Bedford values the riding trails within the town. It is recommended that the applicantcontact the Bedford Riding Lanes Association to determine any trails located on site and how thebest they can be maintained.

23. Page 18. Add para 3. to Para G. AlternativesText: Eliminate the ClubhouseReason: The case for keeping the Clubhouse needs to be made by the Applicant. If it is notpersuasive, then the Clubhouse should be eliminated, as it introduces an element that is not normallyfound in the residential zoning districts within the property.

Town of Bedford planning BoardMarch 23,2015Page 6

24. Page 18. Add para 4. to Para G. AlternativesText: Rezone a portion of the property along Old Post Road to a PB-R Zone, to be developed as amixed-use commercial and residential area.Reason: The use of this property has been problematic due to its history and its location. Its historybecause of the massive movement of earth during the period it was mined, and the subsequentcreation of hydrological connected ponds. Its location because the project borders the Mianus River,which is a sole source of drinking water to tens of thousands of people living in both Connecticutand New York State, and the project sits over an underground aquifer that provides drinking water toresidents and businesses already in Bedford. Any use that would limit the intrusion into thisenvironmentally sensitive area should be considered.

25. Page 18. Add para 5. to Para G. AlternativesText: Lower the number of housing units.Reason: While there is a specified formula for determining the number of allowable housing unitsfor a Conservation Development, this property contains substantial environmentally sensitive lands.It is therefore reasonable to request that the applicant lower their number of units to better integratewith the existing land uses. While our board is not recommending a specific target number, it shouldrepresent a significant difference from what is now planned.

26. Page 19, add 2nd sentence to Section V. Miscellaneous, Para D. Effects on the Use and Conservationof Energy ResourcesText: Discuss those energy conservation methods presented in the Bedford Energy AdvisoryCommittee's recommendations on reducing the town's energy footprint.Reason: Lessening our dependence on carbon-based material in the construction of the proposedhousing and lowering the amount of energy to maintain this housing are economical, as well asenvironmentally, sound practices.

The Conservation Board welcomes its role as an Interested Party, and will reserve further comments atlater stages of this project's review.

encl.

cc: J. OstermanWilder-Balter Partners, Inc.

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BEDFORD CONSERVATION BOARD

OPEN SPACE MAP

Key: Blue - Open Space

Yellow - Developed areas

Wilder Balter Bedford Farm