TOWN

OF
BEDFORDWestchester

March 23, 2015

County

To: Bedford Planning Board

From: Bedford Conservation Board
Re.: Wilder-Balter Partners, Inc. proposed Conservation DevelopmentOld Post Road, Bedford Village
TOWNHOUSE
321 BEDFORD ROAD
BEDFORD HILLS
NEW YORK 10507
www.bedfordny.info
CONSERV ATION
BOARD
Chairman
SIMON SKOLNIK
232-9457 (HOME)
203-943-5670
(BUSINESS)
Members

ELIZABETH BAILEY
DA VID BECKETT
DAN FARKAS
JANEEN SUDAKAKARLSSON
ROSEMARY T. LEE
ANN McDUFFIE,
ASSOC. MEMBER
JANE PEARL, ASSOC.
MEMBER
STANLEY W. STARR
BETSY WEIR

TOWNHOUSE
666-5140

Dear Chairwoman and members,

The Conservation Board at its March 12,2015, meeting discussed the
scoping document (reference: Draft Scoping Outline, Wilder Balter
Residential Development, Town of Bedford, New York, February 27,
2015) which is a portion of the environmental review process for the
above referenced project. With the owner's permission, members of the
board walked the property on March 14,2015.
Based on reviewing project documents and its site walk, the board makes
the following recommendations for inclusion into the referenced draft
scoping outline:
1. Page 4, add subpara. g) in Para. A.l
"
Text: Description of the Sewage Treatment Plant, including its
specific 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 to
its proximity to the Mianus River.
2. Page 5, add subpara. 9. in Para. B Site Features Plan
Text: Provide an overlay plan showing the layout of the mining
features over a topography and soils plan.
Reason: The scope of disturbance within both the proposed
developed and undeveloped portions of this project warrant a direct
overlay comparison to see the complete impact this project has on
existing site conditions. During the site walk board members noted
that there were several large and deep dry pits with narrow ridges of
unexcavated land remaining from the mining operations. House sites
are shown in the surrounding areas. It is not clear how these homes,
roadways and infrastructure will be incorporated into the existing
topography (without large-scale cut and fill operations). An overlay
will complement the standard site features plan.
3. Page 5, add subpara. e) in Para. A. Topography, 1. Existing Conditions
Text: A detailed Mining Map of the entire site showing the physical
impact of the mining operations.as they appear at the present time shall
be included. Features such as traveled ways, depths of water filled

Town of Bedford Planning Board

March 23, 2015
Page 2

ponds, sites of all excavated areas, waste piles (if any), and any other man-made feature associated
with the mining operations shall be located.
Reason: The previous mining operations so disturbed this site, that a map dedicated just to this site
feature 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 Conditions
Text: Provide a report from a certified testing agency of any hazardous materials, as defined by the
appropriate organization, present in the soil of the project site.
Reason: This site is not without history. There is presently one recognized hazardous waste site on
the property (note: acknowledged by the applicant to come from an off-site location). This property
has been unused since the-closure of mining operations with no physical presence affecting the site
for over half a century. It is possible that these mining operations produced toxic materials that may
still 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 Conditions
Text: Provide a report from a certified testing agency of any hazardous materials, as defined by the
appropriate 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 drinking
water source should be shown; (b) Investigate if water from the existing ponds also flow off-site to
other private lands and determine what, if any, impact this has had (Anecdotally, a neighbor states
that Pond 1 flows directly through their property); (c) the outflow from the proposed sewage
treatment 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-year
storms utilizing the appropriate New York State agency's information on the impact of Climate
Change. One source could be the New York State Department of Environmental Protection's Office
of Climate Change (website address: http://www.dec.ny.gov/aboutl43166.html).
Reason: Does the Soil Conservation Service Technical Release Number 55 include projections
based on historic models or models based on climate change predictions? If the analysis is not based
on climate change models, and since this site bas large areas of surface water and the proposal by the
applicant indicates an additional large use of groundwater, it is only appropriate to do the analysis of
potential precipitation events using more realistic parameters.

Town of Bedford Planning Board

March 23,2015
Page 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 of
development.
Reason: A Conservation Development presents different impacts than a conventional subdivision
and 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 Measures
Text: Describe the possibilities of reducing impermeable surfaces, including the use of alternative
products to asphalt paving.
,
Reason: Because of the topography of the site and its proximity to the Mianus River, there is a clear
responsibility to reduce storm water run-off. The use of permeable surfaces should be investigated
and discussed. The Conservation Board has repeatedly recommended the use of rain gardens to
supplement good storm water management practices.
10. Page 11. add a 2nd sentence to subpara. a) in Para. E. Vegetation 1. Existing Conditions
Text: A current inventory of invasive plants shall be included.
Reason: The Conservation Board believes that areas of high environmental value should be
preserved 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 severe
disturbance is unquestioned. As the project plans have been initially presented, the applicant has
shown a strong desire to integrate the new community into its environmental surroundings. We
believe that managing the invasive plants on the entire site is within the grasp of this development's
plans. Our board strongly recommends a complete evaluation and management plan for the invasive
plants on this property be developed during the review process.
11. Page 11. add subpara. d) in Para. E. Vegetation 1. Existing Conditions
Text: A drawing showing potential site development envelopes indicating the extent permissible to
clear property for improvements or other reasons.
Reason: In a highly previously disturbed site, defining development is a valid request to have
analyzed.
12. Page 12. add a 3rd sentence to subpara. a) in Para. F. Wildlife 1. Existing Conditions
Text: 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 Conditions
Comment: Anecdotally, there have been reports of bobcats, foxes, and hawks present on site. Our
board verified the many active deer trails throughout the site and saw many varieties of birds during
our walk. The Conservation Board has c.ompleted an Open Space map for the town of Bedford, and
anticipates the completion of a bio-diversity habitat map for the entire town in the near future.

Town of Bedford Planning Board

March 23, 2015
Page 4

Enclosed with this letter is a section of the Open Space Map showing the applications' area under
consideration. The site is large enough to be a reservoir of biodiversity by itself, but it also provides
connectivity to other reservoirs of biodiversity. The Conservation Board recommends that the
applicant 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 Conditions
Text: The location of the existing vernal pond shall be shown on a large-scape map providing at least
a 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 invasive
vegetative species. All built-up features, such as homes and roads, shall be shown. A study of this
functioning 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 is
ideal. This makes their scarcity even more of a concern, since this habitat supports a specialized
plant and animal population not commonly found in our town. This vernal pond because of its
proximity to already developed property may be placed in further stress by the applicant's proposed
plans. The Conservation Board has in the past strongly recommended the preservation and
protection of vernal ponds in Bedford. We recommend that the applicant make every effort to
mitigate any impact that adversely affects this vernal pond.
15. Page 16. add to subpara d) in Para. C. Community Services. 2. Potential Impacts
Text: Provide documentation on the light, noise and odor levels of the sewage treatment plant and
their impact to both on-site and off-site properties.
Reason: These would be minimum requests for the applicant's response. Placing a structure such as
the 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 Study
Text: 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 provide
opportunities for discovering pre-historical artifacts.
17. Page 18, add subpara. 5. The Clubhouse in Para. F. Other Areas of Study
Text: The Clubhouse should be discussed in how its location and operation will affect both on-site
and off-site properties.
Reason: The design and operation of the Clubhouse presently is unknown. Normally, these details
would be developed later in the project's chronology. However, there are significant environmental
impacts that should be addressed at this stage of the review. This building could be designed as a
large gathering place for both day and evening events, which could result in noise and light
pollution. While its view of Pond 1 makes its location an attractive attribute, buffering from
neighboring off-site properties, as well as even relocating it to a less exposed site, should be
considered. The Clubhouse presents various issues that would not have come up if this w.ere a
conventional subdivision.

Town of Bedford Planning Board

March 23, 2015
Page 5

18. Page 18, add subpara. 6. The Farm in Para. F. Other Areas of Study
Text: 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 of
operation, use of fertilizers, pesticides and herbicides should be discussed.
19. Page 18, add subpara. 7. The Clubhouse in Para. F. Other Areas of Study
Text: Discuss the creation of a community garden.
Reason: Considering the large concentration of attached housing with limited private property per
unit planned for the site, the addition of a community garden incorporated into the design could
provide 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 Study
Text: 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 "Stone
Wall Watcher" who can serve as a consultant to the applicant in development plans to preserve and
maintain 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 Study
Text: Discuss, if open public access to the proposal's walking trails is allowed, how this off-site
population will be managed; and also discuss the intended use of these trails by residents of the new
development.
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 negative
impact on the natural habitat overall. Ideally, the land in the undeveloped portion of the property
should be left alone, and if possible a conservation easement with a suitable land trust protecting and
preserving 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 Study
Text: Discuss impact to and mitigation of any established riding and walking trails located on the
property.
Reason: Bedford values the riding trails within the town. It is recommended that the applicant
contact the Bedford Riding Lanes Association to determine any trails located on site and how the
best they can be maintained.
23. Page 18. Add para 3. to Para G. Alternatives
Text: Eliminate the Clubhouse
Reason: The case for keeping the Clubhouse needs to be made by the Applicant. If it is not
persuasive, then the Clubhouse should be eliminated, as it introduces an element that is not normally
found in the residential zoning districts within the property.

Town of Bedford planning Board

March 23,2015
Page 6

24. Page 18. Add para 4. to Para G. Alternatives

Text: Rezone a portion of the property along Old Post Road to a PB-R Zone, to be developed as a
mixed-use commercial and residential area.
Reason: The use of this property has been problematic due to its history and its location. Its history
because of the massive movement of earth during the period it was mined, and the subsequent
creation 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 Connecticut
and New York State, and the project sits over an underground aquifer that provides drinking water to
residents and businesses already in Bedford. Any use that would limit the intrusion into this
environmentally sensitive area should be considered.
25. Page 18. Add para 5. to Para G. Alternatives
Text: Lower the number of housing units.
Reason: While there is a specified formula for determining the number of allowable housing units
for 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 integrate
with the existing land uses. While our board is not recommending a specific target number, it should
represent 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 Conservation
of Energy Resources
Text: Discuss those energy conservation methods presented in the Bedford Energy Advisory
Committee's recommendations on reducing the town's energy footprint.
Reason: Lessening our dependence on carbon-based material in the construction of the proposed
housing and lowering the amount of energy to maintain this housing are economical, as well as
environmentally, sound practices.
The Conservation Board welcomes its role as an Interested Party, and will reserve further comments at
later stages of this project's review.

encl.
cc:

J. Osterman
Wilder-Balter Partners, Inc.

,.'

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BEDFORD CONSERVATION

BOARD

OPEN SPACE MAP

Key: Blue - Open Space

Yellow - Developed areas

Wilder Balter Bedford Farm