Van Patten Drive Subdivision and what's next
The Issue
To all who had read and signed the petition: A huge thank you for your support! The Town of Clifton Park Planning Board voted down the proposal at its August 8th meeting.
We are now embarking on the next leg of our journey: to convince the Town of Clifton Park to purchase that land with a grant from the Environmental Bond Act.
Last November, New York State voters approved a $4.2bn Environmental Bond Act, officially named the Clean Water, Clean Air, and Green Jobs Environmental Bond Act, of which $650m was set aside for communities, for projects like preserving farmland and open space for recreation and improving parks, as well as campgrounds and fish hatcheries.
If you are still wondering what the whole petition was about, read on.
The petition was: For the safety of our residents, for the preservation of the natural environment in its designated zoning district code, and for the protection of the nearby Dwaas Kill Nature Preserve, sign this petition to block the Concord Development’s subdivision permit application submitted to the Town of Clifton Park Planning Board.
The Town of Clifton Park Planning Board is presently reviewing a proposal for 19 new houses with usable office space, on 31.67 forested acres with wetlands, part of the Dwaas Kill Natural Area, along a railroad corridor, and zoned in a non-residential district (B-2 district business non-retail.)
This subdivision development will greatly impact the natural environment and the safety of local and town residents.
Concord Development is seeking approval for a building permit for 19 new houses with usable office space (as stated by the builder) in a non-residential district. The builder, Mr. Chris Myers, has a track record of multiple failed developments and bankruptcy, cleaning and grubbing wood lots, where the land was left barren, in Niskayuna and Schenectady. (https://www.timesunion.com/tuplus-local/article/Former-Niskayuna-land-s-fate-unknown-6528217.php
Subdivision is planned in a non-residential zoning district: The parcel of land is located in district zoning code B-2 which does not allow residential buildings. The builder is seeking approval from the Planning Board for 19 new single family dwellings with usable office space. The size of these offices is clearly indicative of primarily residential use, accounting for less than 7% of the square footage. The Town of Clifton Park code ‘Article IV B-1 and B-2 Districts Business Nonretail’ clearly excludes residences in a B-2 district, as stated in “(14) One and two-family dwellings, which shall be allowed in the B-1 District only”. Other examples of non-compliance include: ‘Home occupation’ and ‘personal office’ are not listed under permitted uses, “the purpose of this district [B-2 district] is to provide a suitable location for more traditional office buildings and office parks containing general and/or professional uses […]”, and “50% of the total lot area needs to be calculated as the green space requirement for this district […] shall be undisturbed and seeded and planted with appropriate materials or left in their natural state.” The builder has not designated this area on his site plan.
Despite errors and inconsistencies in the builder’s proposal, the Planning Board has moved forward: The Full Environmental Assessment Form (Part 1 & 2) completed by the applicant’s Engineer (Brett Steenburgh PE) on behalf of Concord Development has many inconsistencies, yet the Town of Clifton Park Planning Board has issued a “non-significance negative declaration” SEQRA. The builder was also granted an extension of deadlines after he failed to respond to the board’s comments and recommendations made in September 2022.
Environmental impact:
The Clifton Park Planning Board (lead agency) issued a negative SEQRA declaration which declares: “this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared.” Given the ecological sensitivity of the Dwaas Kill Natural Area, which this parcel is a part of, this declaration seems insensitive. There are reported presence of rare, threatened, and endangered species (multiple bat, bald eagle, butterfly, and flora) on and near this parcel. The subdivision will permanently destroy the character and biodiversity of the wooded and wetlands areas.
The Dwaas Kill Natural Area plays and important role in the health of this area’s ecosystem, and provides a home for many plants and animals. The Town of Clifton Park’s document Dwaas Kill Nature Preserve Concept & Management Plan (http://cliftonparkopenspaces.org/locations/dwaaskill/ states that any future development will be a threat to water quality. It indicates that residential (or other) development in the Dwaas Kill and Cooley Kill watershed will increase erosion and contamination which would alter the ecology of the streams, floodplains, and wetlands. The Dwaas Kill Watershed is responsible for draining approximately one-third of the town’s total land area. The subdivision in question has a principal and primary aquifer not far below the permeable sand sedimentation. These vital town resources need to be protected.
The Dwaas Kill Nature preserve abuts this property. It consists of 240 acres of mostly undisturbed natural habitat, including wetlands and major streams.
Environmental pollution concerns: At its April 17, 2023 meeting, The Town of Clifton Park Environmental Conservation Commission (ECC) made the following recommendations (excerpts and quotes from the minutes of the meeting) items 4 in regards to pollutants and 5 in regards to construction materials buried on the site. A number of residents have indicated that the parcel of land was used as a dumping site (i.e.: refrigerator, car, tires, wheels, and concrete blocks). Some residents reported it to the Town although there was no follow-up:
1. Per 208-35 D. Setbacks (4) Buffer - The ECC notes “There shall be established a 10- foot buffer area within the minimum side and rear yard setback along the property line. The buffer shall be planted for the purposes of the adjoining properties. The Planning Board shall take in consideration and natural vegetation which existing and serves the intent of this article.” Each of these properties do not show such buffer. 2. The ECC Notes that 50% of the lot coverage shall be calculated as the greenspace requirement. The Site Plans do not reflect this standard. 3. Lots 1and 2 are noted to have extremely steep gradients and with clearing of surface vegetation the potential for erosion toward the wetlands. It is strongly recommended to do geotechnical evaluation or avoid any disturbance of the slopes entirely. 4. The ECC notes that sensitive environments exist on properties adjacent to the project site (within watershed of Long Kill, Cooley Kill & Dwaas Kill all 303(d) segments impaired by pollutants related to construction activity), thus there is a potential for environmental impacts to these areas in the event that the capacity of the stormwater management system is inadequate. As such the Applicant's Drainage, Stormwater and Erosion Control Plans should be protective of these environments, during construction and occupation of the project. The ECC recommends careful review of these plans by the Town Engineer. 5. The ECC notes that this area may have been used as a depository of construction materials during the building of Van Patten developments. The applicant should be required to validate whether construction materials have been buried on the site within all the planned disturbed areas.
Traffic and safety impacts: The subdivision will add an influx of potentially 240 or more cars daily (not mentioning service cars, school buses, mail, deliveries, waste removal, etc) on the already stressed traffic on Van Patten Drive, a two-lane 40 miles/hour small road of about 1 mile, originally built to serve the residents of Country Knolls West. There are currently no stops along this town road to accommodate any stop and go service activity. The additional traffic will cause bottlenecks at each end, Carlton road and a one-way bridge lane at one end and Ushers road near exit 10 on I87 at the other end.
According to Town code § 179-25 Streets: A. "Where a subdivision abuts or contains an arterial street, the Planning Board may require marginal access streets, reverse frontage lots with screen planting contained in a nonaccess reservation along the rear property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic." H. "Where a residential subdivision is proposed with more than 18 dwelling units, two means of access must be provided, except in extreme circumstances where the Board may waive the requirements. Wherever practical, said entrances should be at least 300 feet apart. [Amended 6-28-1993 by L.L. No. 11-1993]" I. Two means of access may be required for nonresidential development if deemed necessary by the Board.
Van Patten Drive is a 40 mph arterial road. The subdivision proposal calls for over 18 houses, and there should be no waiver as this 19 houses proposal is not deemed an extreme circumstance. It is evident that the Greensboro Boulevard and La Costa Drive entrances are possible and necessary for public safety.
Recreational and safety impacts: The project includes 10 curb cuts in The Robert Van Patten Memorial Trail, built by the Town of Clifton Park for residents’ recreational purposes. These multiple curb-cuts, and their incoming-exiting-turnaround traffic generated by 19residence-office dwellings, will cause a safety risk; as a result, the path will be defaced and its multi-use will be impeded.
Proximity of the railroad tracks, noise and safety: The subdivision will be adjacent to the train tracks of the Canadian Pacific / Hudson & Delaware freight trains. The clearing of the land will greatly increase the noise and vibrations caused by the long freight trains. After the tragic derailments in the country, there is now great concern in regards to building homes next to railroad tracks. We have seen no reference in the proposal as to how the builder will abide by the Federal Code of Regulations in regards to the proximity of the railroad.
Concerned residents: A Planning Board public hearing was held on January 10, 2023; many residents expressed their concerns. The developer’s engineer provided conflictual information at the public hearing, and has not complied with board’s requests.
Appeal to the Zoning Board of Appeals: We have submitted an appeal to the ZBA (the proposal does not meet the B-2 District zoning code) and are requesting an interpretation reversal of the Chief Zoning Officer’s official decision. We are also requesting that the ZBA make their own SEQRA determination, and that an environmental impact study be conducted.
Next Planning Board meeting: April 25, 7pm, Clifton Park Town Hall. This proposal is on the agenda. Bring signs to voice your concerns.
Sign this petition: For the safety of our residents, for the preservation of the natural environment in its designated zoning district code, and for the protection of the nearby Dwaas Kill Nature Preserve, sign this petition to block the Concord Development’s subdivision permit application submitted to the Town of Clifton Park Planning Board.
View the Site Location Map submitted by Concord Development:
https://www.citizenserve.com/Documents/398/340432096_Myers%20Van%20Patten%20(1).pdf
Read the Times Union article of April 17, 2023:
https://www.timesunion.com/news/article/clifton-park-neighbors-skeptical-subdivision-17897859.php
765
The Issue
To all who had read and signed the petition: A huge thank you for your support! The Town of Clifton Park Planning Board voted down the proposal at its August 8th meeting.
We are now embarking on the next leg of our journey: to convince the Town of Clifton Park to purchase that land with a grant from the Environmental Bond Act.
Last November, New York State voters approved a $4.2bn Environmental Bond Act, officially named the Clean Water, Clean Air, and Green Jobs Environmental Bond Act, of which $650m was set aside for communities, for projects like preserving farmland and open space for recreation and improving parks, as well as campgrounds and fish hatcheries.
If you are still wondering what the whole petition was about, read on.
The petition was: For the safety of our residents, for the preservation of the natural environment in its designated zoning district code, and for the protection of the nearby Dwaas Kill Nature Preserve, sign this petition to block the Concord Development’s subdivision permit application submitted to the Town of Clifton Park Planning Board.
The Town of Clifton Park Planning Board is presently reviewing a proposal for 19 new houses with usable office space, on 31.67 forested acres with wetlands, part of the Dwaas Kill Natural Area, along a railroad corridor, and zoned in a non-residential district (B-2 district business non-retail.)
This subdivision development will greatly impact the natural environment and the safety of local and town residents.
Concord Development is seeking approval for a building permit for 19 new houses with usable office space (as stated by the builder) in a non-residential district. The builder, Mr. Chris Myers, has a track record of multiple failed developments and bankruptcy, cleaning and grubbing wood lots, where the land was left barren, in Niskayuna and Schenectady. (https://www.timesunion.com/tuplus-local/article/Former-Niskayuna-land-s-fate-unknown-6528217.php
Subdivision is planned in a non-residential zoning district: The parcel of land is located in district zoning code B-2 which does not allow residential buildings. The builder is seeking approval from the Planning Board for 19 new single family dwellings with usable office space. The size of these offices is clearly indicative of primarily residential use, accounting for less than 7% of the square footage. The Town of Clifton Park code ‘Article IV B-1 and B-2 Districts Business Nonretail’ clearly excludes residences in a B-2 district, as stated in “(14) One and two-family dwellings, which shall be allowed in the B-1 District only”. Other examples of non-compliance include: ‘Home occupation’ and ‘personal office’ are not listed under permitted uses, “the purpose of this district [B-2 district] is to provide a suitable location for more traditional office buildings and office parks containing general and/or professional uses […]”, and “50% of the total lot area needs to be calculated as the green space requirement for this district […] shall be undisturbed and seeded and planted with appropriate materials or left in their natural state.” The builder has not designated this area on his site plan.
Despite errors and inconsistencies in the builder’s proposal, the Planning Board has moved forward: The Full Environmental Assessment Form (Part 1 & 2) completed by the applicant’s Engineer (Brett Steenburgh PE) on behalf of Concord Development has many inconsistencies, yet the Town of Clifton Park Planning Board has issued a “non-significance negative declaration” SEQRA. The builder was also granted an extension of deadlines after he failed to respond to the board’s comments and recommendations made in September 2022.
Environmental impact:
The Clifton Park Planning Board (lead agency) issued a negative SEQRA declaration which declares: “this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared.” Given the ecological sensitivity of the Dwaas Kill Natural Area, which this parcel is a part of, this declaration seems insensitive. There are reported presence of rare, threatened, and endangered species (multiple bat, bald eagle, butterfly, and flora) on and near this parcel. The subdivision will permanently destroy the character and biodiversity of the wooded and wetlands areas.
The Dwaas Kill Natural Area plays and important role in the health of this area’s ecosystem, and provides a home for many plants and animals. The Town of Clifton Park’s document Dwaas Kill Nature Preserve Concept & Management Plan (http://cliftonparkopenspaces.org/locations/dwaaskill/ states that any future development will be a threat to water quality. It indicates that residential (or other) development in the Dwaas Kill and Cooley Kill watershed will increase erosion and contamination which would alter the ecology of the streams, floodplains, and wetlands. The Dwaas Kill Watershed is responsible for draining approximately one-third of the town’s total land area. The subdivision in question has a principal and primary aquifer not far below the permeable sand sedimentation. These vital town resources need to be protected.
The Dwaas Kill Nature preserve abuts this property. It consists of 240 acres of mostly undisturbed natural habitat, including wetlands and major streams.
Environmental pollution concerns: At its April 17, 2023 meeting, The Town of Clifton Park Environmental Conservation Commission (ECC) made the following recommendations (excerpts and quotes from the minutes of the meeting) items 4 in regards to pollutants and 5 in regards to construction materials buried on the site. A number of residents have indicated that the parcel of land was used as a dumping site (i.e.: refrigerator, car, tires, wheels, and concrete blocks). Some residents reported it to the Town although there was no follow-up:
1. Per 208-35 D. Setbacks (4) Buffer - The ECC notes “There shall be established a 10- foot buffer area within the minimum side and rear yard setback along the property line. The buffer shall be planted for the purposes of the adjoining properties. The Planning Board shall take in consideration and natural vegetation which existing and serves the intent of this article.” Each of these properties do not show such buffer. 2. The ECC Notes that 50% of the lot coverage shall be calculated as the greenspace requirement. The Site Plans do not reflect this standard. 3. Lots 1and 2 are noted to have extremely steep gradients and with clearing of surface vegetation the potential for erosion toward the wetlands. It is strongly recommended to do geotechnical evaluation or avoid any disturbance of the slopes entirely. 4. The ECC notes that sensitive environments exist on properties adjacent to the project site (within watershed of Long Kill, Cooley Kill & Dwaas Kill all 303(d) segments impaired by pollutants related to construction activity), thus there is a potential for environmental impacts to these areas in the event that the capacity of the stormwater management system is inadequate. As such the Applicant's Drainage, Stormwater and Erosion Control Plans should be protective of these environments, during construction and occupation of the project. The ECC recommends careful review of these plans by the Town Engineer. 5. The ECC notes that this area may have been used as a depository of construction materials during the building of Van Patten developments. The applicant should be required to validate whether construction materials have been buried on the site within all the planned disturbed areas.
Traffic and safety impacts: The subdivision will add an influx of potentially 240 or more cars daily (not mentioning service cars, school buses, mail, deliveries, waste removal, etc) on the already stressed traffic on Van Patten Drive, a two-lane 40 miles/hour small road of about 1 mile, originally built to serve the residents of Country Knolls West. There are currently no stops along this town road to accommodate any stop and go service activity. The additional traffic will cause bottlenecks at each end, Carlton road and a one-way bridge lane at one end and Ushers road near exit 10 on I87 at the other end.
According to Town code § 179-25 Streets: A. "Where a subdivision abuts or contains an arterial street, the Planning Board may require marginal access streets, reverse frontage lots with screen planting contained in a nonaccess reservation along the rear property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic." H. "Where a residential subdivision is proposed with more than 18 dwelling units, two means of access must be provided, except in extreme circumstances where the Board may waive the requirements. Wherever practical, said entrances should be at least 300 feet apart. [Amended 6-28-1993 by L.L. No. 11-1993]" I. Two means of access may be required for nonresidential development if deemed necessary by the Board.
Van Patten Drive is a 40 mph arterial road. The subdivision proposal calls for over 18 houses, and there should be no waiver as this 19 houses proposal is not deemed an extreme circumstance. It is evident that the Greensboro Boulevard and La Costa Drive entrances are possible and necessary for public safety.
Recreational and safety impacts: The project includes 10 curb cuts in The Robert Van Patten Memorial Trail, built by the Town of Clifton Park for residents’ recreational purposes. These multiple curb-cuts, and their incoming-exiting-turnaround traffic generated by 19residence-office dwellings, will cause a safety risk; as a result, the path will be defaced and its multi-use will be impeded.
Proximity of the railroad tracks, noise and safety: The subdivision will be adjacent to the train tracks of the Canadian Pacific / Hudson & Delaware freight trains. The clearing of the land will greatly increase the noise and vibrations caused by the long freight trains. After the tragic derailments in the country, there is now great concern in regards to building homes next to railroad tracks. We have seen no reference in the proposal as to how the builder will abide by the Federal Code of Regulations in regards to the proximity of the railroad.
Concerned residents: A Planning Board public hearing was held on January 10, 2023; many residents expressed their concerns. The developer’s engineer provided conflictual information at the public hearing, and has not complied with board’s requests.
Appeal to the Zoning Board of Appeals: We have submitted an appeal to the ZBA (the proposal does not meet the B-2 District zoning code) and are requesting an interpretation reversal of the Chief Zoning Officer’s official decision. We are also requesting that the ZBA make their own SEQRA determination, and that an environmental impact study be conducted.
Next Planning Board meeting: April 25, 7pm, Clifton Park Town Hall. This proposal is on the agenda. Bring signs to voice your concerns.
Sign this petition: For the safety of our residents, for the preservation of the natural environment in its designated zoning district code, and for the protection of the nearby Dwaas Kill Nature Preserve, sign this petition to block the Concord Development’s subdivision permit application submitted to the Town of Clifton Park Planning Board.
View the Site Location Map submitted by Concord Development:
https://www.citizenserve.com/Documents/398/340432096_Myers%20Van%20Patten%20(1).pdf
Read the Times Union article of April 17, 2023:
https://www.timesunion.com/news/article/clifton-park-neighbors-skeptical-subdivision-17897859.php
Petition Updates
Share this petition
Petition created on March 23, 2023