SEQRA AND EIS CONCERNS
State Environmental Quality Review Act (SEQRA)
and Environmental Impact Statement (EIS)
Concerns of Cornwallville Residents
Excerpts from Letters of Concern written by the
Cornwallville Community to the Durham Town Board concerning SEQRA and the EIS
FULL TEXT CAN BE FOUND ON LINKS BELOW:
https://towncloud.io/go/durham-ny/agendas/108 https://towncloud.io/go/durham-ny/agendas/106
"In a letter to Doug Van Duesen dated July 28, 2021, Kaaterskill states in Comment 24 that they “have no obligation to follow any NYS DOT standard, which includes the analysis of the 50-year storm.” They feel it was not needed or appropriate. Well that is not reassuring to all the residents living down hill from the proposed Bosque Development. Not only will Bosque have their 2,400-foot unpaved road mimicking a water park ride in the event of heavy rain event or snowmelt-- with road salt-- but they also have La Pequena’s Farm’s barnyard runoff at a higher elevation than their million dollar plus homes, as well as the many pre-existing homes of neighbors. This toxic soup will then be able to infiltrate the surrounding wetlands and the principal aquifer that all the surrounding homes depend upon. Many pre-existing wells at the lower elevations are under 100 feet deep. This certainly warrants a 'hard look.'"
"I strongly suggest, you as our town representatives, complete a full Environmental Impact Statement on the 90 acres and reverse the Negative Declaration. The ramnifications and impact of this Westchester “like” community in the town of Durham is not fully known without such a review. This is not an unreasonable request."
"Thirteen new houses is a Major subdivision. I feel that it is just common sense to say that this project will have a large impact on the environment and the neighboring community. I don't see any downside to acknowledging this fact during the SEQR process. Having "Bosque" submit an environmental impact statement will only enable the town board members to have as much information as possible before making any further decisions."
"As elected officials, an inordinate amount of trust has been placed in you. I implore you to acknowledge that trust and do the right thing for Cornwallville and its residents. In your position, you are stewards of this most northern and special part of the Catskills - a national treasure. This means, at a minimum, requiring an honest environmental impact evaluation. It means valuing the input of Cornwallville’s long term residents who know this land and love this place. It means understanding the impact 90 Acres will have on water delivery to residents - do not overlook that we live on the side of a mountain and many people already have problems getting enough water for routine daily personal use."
"The land around here is notoriously bad for drainage, and that’s a lot of septic fields with possible degradation to waterways. Also, the woodland is home to flora and fauna, which also need consideration. A thorough EIS would be the fair and ethical thing to do."
The Board made no effort to understand the community’s objection: that the project proposes a dramatic change to life on Strong Road and the adjacent roads which threatens the character of historical Cornwallville.
There were several subjects that even the experts from Kaaterskill Associates were unable to answer with certainty but the Board concluded nevertheless that these subjects would create little to no impact. For example, when asked if drilling 13 additional wells would affect the existing community’s water supply, Kaaterskill answered that they didn’t “think so”. Given this project’s potential to create extreme and long lasting disruption to the environment and community, I expect more certainty before concluding that there will be no impact on the community.
The Board relied on unbelievable information presented by Bosque’s experts: 13 new multi-bedroom structures will create only 6 to 14 additional car trips per day on Strong Road? That seems thoroughly impossible."
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"I don’t believe the board passed the test on either hard look or rational.
What would be a “hard look” would be to wait for the DHPC report and consider their feedback. It would be rational to answer that it would have an impact and let the process play out with studies and scoping.
NY DEC defines community character as the visual character of a town, village, or city, and its visual landscape; but also includes the buildings and structures and their uses, the natural environment, activities, town services, and local policies that are in place. These combine to create a sense of place or character that defines the area.
These will be 12 of the most expensive houses in a recognized and protected historic district. One where every single contiguous property owner to the proposed development has expressed major issues with traffic and water. To say that it will have “little or no impact” to the character of this community is not rational. Comparing the Dollar General as “nobody wanted it either” is not rational b/c it wasn’t in the Cornwallville Historic District. Saying we don’t need traffic studies b/c the traffic has increased on one of the board members roads is not rational. This is a protected historic district and the governing body for that district is the DHPC. To not allow the DHPC to issue a report before the negative declaration was issued is not hard look and not rational. The Negative declaration was issued with “no conditions” even though many were conditions needing to be satisfied to get to discussed to get to “no impact.” In the Neg Dec for Impacts on Historic and Archeological Resources from Town Neg Dec Report, The Board never referenced Durham Historic Comm. They stated that NY Parks Recreation Historic Preservation issued “no adverse.” But it’s clear there was no consideration of the follow-up letter stating DHPC is an “involved agency” as the agencies “boots on the ground.” To issue a negative declaration before even receiving the report from the DHPC (a recognized agency in this process by both the town board and clarified as “boots on the ground” by the NYPRHC) is not rational. It doesn’t come close to a hard look and it’s not rational. The fact that the town didn’t wait for a report from the DHPC (a recognized coordinating agency) is not rational by any measurement."
"The SEQRA process that was required by NY State was not implemented nor followed properly by the members of the Town Board, according to the standards and questions outlined in the process. You, as the elected members representing the constituents of Cornwallville in your capacity as a de facto zoning body, must retract and amend your incorrect assessment of a "negative declaration", and follow the process properly and rightly.
The personal feelings and desires of the Durham Town Board members regarding the proposed Bosque [Forest] development have caused the legitimate and factual concerns to proceed unaddressed and/or dismissed. The Town Board has thus far acted solely on behalf of self-proclaimed developer Preston Jones, who has no track-record or experience with any project of this kind, size, scope, scale or price-point. Nor is there any comparable development in or near our area of this kind, size, scope, scale or proposed price-point that has been approved on 90 acres of wilderness in a Historic District. The totality of the "low-to-no impact" assessments made for each and every single one of the hundreds of detailed questions in the SEQRA review made by the Town Board are patently incorrect and falsified, as is evident for all parties to see.
Exactly how this currently faulty proposed Bosque large-scale twelve-home +event/farm development plan will impact Strong Road - currently with only 8 homes on the entire roadway - as well as Cornwallviile Road and the historic hamlet of Cornwallville's traffic patterns, noise levels, wetlands, wells, water, wildlife, odor, light, forest, soil and aesthetic, natural and historic resources, as well as it's rural community character, in the short-term and long-term - and for the entirety of the proposed subdivision construction over the course of unknown years - must be understood in immense and great detail; how this is all assessed must be legal, studied and documented via an Environmental Impact Statement (EIS). The Durham Town Board and Bosque's developer and planners must - and should desire to - proceed in a completely legitimate manner, implementing an EIS in order to move forward."
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"I implore you as a concerned town resident and as an abutting property owner of this proposed project to dig deeper here. Please take this opportunity to take a “hard look” and request Bosque do an EIS so that we know the proposed project will do no harm. It is easier to prevent a problem rather than try to fix it after the fact."
"We ask the town board to love their home as much as much as we love it by retracting the negative declaration and making sure a complete Environmental Impact Statement is done. To recognize the historic nature of our hamlet and preserve it. To cherish the wildlife that call it home and protect them. Lastly to recognize the future impact that a development of this size will have. Think not just of the people before you today, but of the future people that will join our community and what will be left for them to see."
"The Board made no effort to understand the community’s objection: that the project proposes a dramatic change to life on Strong Road and the adjacent roads which threatens the character of historical Cornwallville.
There were several subjects that even the experts from Kaaterskill Associates were unable to answer with certainty but the Board concluded nevertheless that these subjects would create little to no impact. For example, when asked if drilling 13 additional wells would affect the existing community’s water supply, Kaaterskill answered that they didn’t “think so”. Given this project’s potential to create extreme and long lasting disruption to the environment and community, I expect more certainty before concluding that there will be no impact on the community.
The Board relied on unbelievable information presented by Bosque’s experts: 13 new multi-bedroom structures will create only 6 to 14 additional car trips per day on Strong Road? That seems thoroughly impossible."
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"Kaaterskill states that 100 of the site is “Moderately Well Drained,” yet with 36 failed Perc tests and this recent soil survey that statement surely seems inaccurate. I would add that in the 2010 survey by the NYSDEC Hudson River Estuary Program for the Town of Durham (see attached maps), the land in question shows possible/probable wetlands and is deemed “Poorly Drained.” Kaaterskill admits to there being 6.44 acres of existing wetlands on the land, some which are given Federal Protection."
"When you weigh the pros and cons of this development in regards to the tax dollars you are hoping to gain from it, please also consider those of us who have already made our home here. My private well, which we drink from, is less than 100 ft deep and many neighbors at the lower elevations of Strong Rd. and Cornwallville Rd. have similar depths. Once those 13 private wells, 13 raised bed seotics, 13 geothermal heating systems are put in above us, what happens to our wells? What toxins will leach into the groundwater and make their way into the principal aquifer? What will be in the stormwater runoff that floods Strong Rd. from the Bosque property and goes into my yard and the stream on my land? At least now when it floods, there are only sticks, leaves, dirt and gravel. But consider the adverse effect there will be if construction debris, barnyard runoff, road salt and oil and stone from the private 2,400-foot road is in that water. What then? What if one or more raised bed septic systems fail? Where do you think that wastewater will go? Downhill to me and all the other homes beneath this development and into the stream, and that stream flows into other streams, that’s where. Water flows downhill. In closing, Bosque Development LLC should be willing to do an EIS to safeguard the neighboring properties and the surrounding wetlands from the large impact this project will have on the water quality and supply. As our elected officials, we look to you to protect us and our children from avoidable harm. Having drinkable water isn’t a luxury, it’s a necessity."
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"The town board cannot even accurately gauge the true cost of this development to our community because the studies and materials provided by the applicant are inadequate and misleading. For example:
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The wetland delineation was performed during the dry season. If you go on Strong Road during a storm, you can observe the wetlands flooding the road.
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The application says the soil is “moderately well drained,” yet the property contains soil types C & D– the poorest types of soils for drainage
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The applicant’s engineers keep telling us the PERC tests passed…. So why the raised septic systems?
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No test well has been drilled to see if the aquifer can support this project. Several neighboring properties already have well issues. If this project exacerbates these issues, or creates new issues, who is held liable?
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The headlight study uses low beam lights
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The traffic study includes cars traveling at speeds of 6 mph. That is myself or my parents exiting our driveway at 281 Strong Road. This completely skews the study.
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Putting in a driveway on the other side of the blind hill at the top of Strong Road is an accident waiting to happen. No, literally. There have been two accidents in the past five years in that spot.
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The estimated increase in traffic is absurd. One car per house when these folks can afford million dollar homes? I don’t think so.
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Even one of the applicant’s engineers agreed that pedestrian accommodations would be highly impacted by this project
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No comprehensive wildlife study has been done. A 2010 summary from DEC noted several rare and significant reptiles, amphibians, birds and plants in the town of Durham
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The project is surrounded by the Cornwallville Historic District. The board did not even wait for the Historic Preservation Commission’s report before ruling that the project would not have an impact.
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No two homes in Cornwallville are the same. This project will have two cookie-cutter style houses to choose from.
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The Historical Impact Assessment provided by the applicant was full of errors with some homes completely missing, other homes with incorrect dates or mismatched photos, etc.
More than 270 residents have signed a petition against this project. More than 60 letters have been sent in against this project.
I strongly encourage the board to require an Environmental Impact Statement from the developer to protect residents."
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"The residents of Cornwallville are not in support of the destructive "Bosque" plan due to it's outsized scale, daunting effect on the wetlands, habitat, waterways, wildlife and aquifers of Cornwallville, and its imposition upon our community.
Their submitted Environmental Assessment Form raises serious and alarming questions, as the plans contain internal contradictions and unsupported conclusions, such as:
- they won't be building a pond, yet the maps indicate the opposite - a proposed pond near Cornwallville Rd.
- they'll use 5,720 gal. of well water per day, and the next section says they'll generate the exact same amount (5,720 gal.) of liquid waste per day
- they assert without a study that there are no rare species of plant or animal on the property, when studies done years ago show this is likely untrue
- they falsely assert there are no historic houses near the proposed project"