Development News for Niskayuna, New York

Niscuna Conservation Advisory Council Debates Environmental Impacts of Proposed Aqueduct Road PUD

The Conservation Advisory Council (CAC) discussed the Environmental Assessment Form (EAF) for a proposed Planned Unit Development (PUD) at 2757 Aqueduct Road, Niscuna Harbors, which is adjacent to Rivers Ledge and bounded by the Mohawk River. Concerns were raised regarding the interpretation of zoning codes concerning density calculations, particularly the subtraction of wetlands and differing code language for average density development versus PUDs. Legal interpretation suggests ambiguities in the code should favor the landowner per New York State law. The discussion heavily focused on the site's environmental characteristics, including its proximity to the Mohawk River and Erie Canal (a national heritage corridor), trolley bed, bike path, and the site's wet nature. Specific attention was given to the seven acres of jurisdictional wetlands and two acres of non-jurisdictional wetlands. The high water table (6-18 inches below the surface), the presence of a fragipan layer, and a significant portion of the land being a deciduous seasonal flooding zone were detailed. Potential impacts of filling non-jurisdictional wetlands were discussed, including altering the water table, causing periodic flooding, and concentrating contaminants. The effectiveness of proposed water gardens and stormwater management ponds was questioned due to the flat terrain and proximity to jurisdictional wetlands. Concerns were also raised about thermal loading, pollution, potential algae blooms impacting wildlife, and the degradation of the canal bed waterway. The construction of stormwater ponds was noted as potentially problematic due to the high water table and impermeable layer, possibly requiring liners. The council expressed reservations about the developer providing sufficient detail for mitigation. Significant discussion also revolved around the project's impact on community character, aesthetic changes, and the loss of wooded areas along the riverfront. Proximity to the historic Erie Canal, with houses as close as 15 feet, raised concerns about visual impact, safety, and erosion, with a lack of buffers noted. The usability of open space was questioned, with the majority being wetlands and water gardens reducing active use areas. The density of the project was seen as problematic, leading to tight living spaces and potential encroachment on wetlands. The impact on groundwater aquifers, as the site is over the Nisconna soul source aquifer, was raised. While floodplains were identified, no construction was proposed within them, but drainage was noted as a potential issue. Impacts on plants and animals were acknowledged due to habitat loss, although no rare or endangered species were identified. The historical and archaeological resources, specifically the New York State Barge Canal and the original Erie Canal (both on the historic register and part of a national heritage corridor), were a major focus. Potential historical significance of an old turnaround for the towpath was discussed. The lack of buffers around these historic sites was a concern. Other impacts discussed included transportation (potential traffic delays, accident concerns due to speeds and visibility on Aqueduct Road), noise, odor, light (with lighting being a persistent concern), and public health. The critical issue of Skenctity's sewer line capacity and the need for an updated letter from Skenctity to the TDE was highlighted as a significant potential project impact. Impacts on community character, visual massing of buildings, and local planning and zoning were thoroughly debated. The lack of detailed data on the canal's contents and potential impacts on the adjacent canal and riverbed were noted as unanswered questions. The suitability of the current PUD proposal was questioned due to insufficient detail regarding alternatives and environmental impacts. Despite no formal vote due to lack of quorum, the discussion generated extensive notes on potential impacts.