A Threat to the Environment
The Whiskey Distillery and Catering Hall proposed for 1355 Kings Highway in Sugar Loaf has the potential to cause major disruptions to local biospheres, the surrounding environment, and the stability of privately owned properties. Stormwater management and runoff, coupled with the properties slope and its location on a body of water, has the potential to cause significant flooding. We implore our local administrators to review Town Code 52-13:A2 and “determine whether proposed building sites will be reasonably safe from flooding”, and code 52-13:A3,“Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property”.
The third page of the 1999 Deed for 1355 Kings Highway labels Creamery Pond a “Spillway” for the property. A spillway is commonly defined as a passage for surplus water or a natural drainage channel. It’s important to reiterate that in addition to being a spillway, this property lies within the 100 year flood plain, as do all of the homes that surround it. Additionally, as shown on topographical maps, the rear of 1355 Kings Hwy is on a sloping gradient ranging from approximately a 6:1 slope to nearly a 3:1 slope. The sloping nature of the property in itself poses a stormwater runoff issue. Sadly, this must now be considered in combination with the fact that nearly all of the property has been clear cut, and all trees and vegetation have been removed between the elevated Kings Highway and the waters’ edge.
Within the Original proposal for this 2.1 acre property, there is intention to cover approximately 17,295 sq ft with buildings, approximately 16,064 sq ft with parking lot and well over 18,640 sq ft of property with driveways. There is also land set aside for walking paths. Additionally, the rear parking lot intended to store 11+ vehicles is only about 40 ft from the water’s edge. Even more troubling is the rear driveway, which runs nearly 400 ft along the entire length of the back of the property, and is in some instances less than 8 ft from the water of Creamery Pond. Should the removal of all absorptive vegetation (which has already been done), 3 new building structures, 3 parking lots and hundreds of feet of driveway create a scenario in which the property is impervious to rainwater, that water will inherently drain down into the pond and raise water levels. This, in turn, has a strong possibility to cause flood damage to the homes that own property on Creamery Pond, many of which are not elevated above water level. In fact, since the clearcutting last year, some of the closest homes have reported basement flooding that they have never before experienced in their many years as homeowners. It must also be taken into consideration that this property would require additional wells, and house a 20 foot circumferential water silo, which in the event of malfunction, may also cause flooding to nearby properties. According to the DEC, the local Flood Damage Prevention law specifically addresses “No Adverse Effects”. The term “adversely effected” is defined as “any physical damage to an adjoining or other property…the local floodplain administrator may require a ‘no adverse effect’ analysis for larger properties that can potentially result in physical damage to other property.” We believe this building proposal can certainly have Adverse Effects on surrounding properties.
The third page of the 1999 Deed for 1355 Kings Highway labels Creamery Pond a “Spillway” for the property. A spillway is commonly defined as a passage for surplus water or a natural drainage channel. It’s important to reiterate that in addition to being a spillway, this property lies within the 100 year flood plain, as do all of the homes that surround it. Additionally, as shown on topographical maps, the rear of 1355 Kings Hwy is on a sloping gradient ranging from approximately a 6:1 slope to nearly a 3:1 slope. The sloping nature of the property in itself poses a stormwater runoff issue. Sadly, this must now be considered in combination with the fact that nearly all of the property has been clear cut, and all trees and vegetation have been removed between the elevated Kings Highway and the waters’ edge.
Within the Original proposal for this 2.1 acre property, there is intention to cover approximately 17,295 sq ft with buildings, approximately 16,064 sq ft with parking lot and well over 18,640 sq ft of property with driveways. There is also land set aside for walking paths. Additionally, the rear parking lot intended to store 11+ vehicles is only about 40 ft from the water’s edge. Even more troubling is the rear driveway, which runs nearly 400 ft along the entire length of the back of the property, and is in some instances less than 8 ft from the water of Creamery Pond. Should the removal of all absorptive vegetation (which has already been done), 3 new building structures, 3 parking lots and hundreds of feet of driveway create a scenario in which the property is impervious to rainwater, that water will inherently drain down into the pond and raise water levels. This, in turn, has a strong possibility to cause flood damage to the homes that own property on Creamery Pond, many of which are not elevated above water level. In fact, since the clearcutting last year, some of the closest homes have reported basement flooding that they have never before experienced in their many years as homeowners. It must also be taken into consideration that this property would require additional wells, and house a 20 foot circumferential water silo, which in the event of malfunction, may also cause flooding to nearby properties. According to the DEC, the local Flood Damage Prevention law specifically addresses “No Adverse Effects”. The term “adversely effected” is defined as “any physical damage to an adjoining or other property…the local floodplain administrator may require a ‘no adverse effect’ analysis for larger properties that can potentially result in physical damage to other property.” We believe this building proposal can certainly have Adverse Effects on surrounding properties.
This runoff and flooding also creates a direct risk for Creamery Pond itself, the small body of water directly adjacent to the rear of the facility. Ponds, especially those as small as Creamery Pond, are very delicate ecosystems that can both quickly and easily be harmed by the introduction and/or removal of wildlife, toxins and pollution. With well over half of the land developed, and the significant vegetative buffer between the major roadway and Creamery Pond removed, there is a real risk that water and salt from plowing will run down from the elevated Kings Highway and enter the pond.
According to the current building plan, 222 parking spaces would be required to meet code in terms of square footage per building. Mr. Donnelly claims the number is much lower. However even if we were to consider half that number, 111 vehicles to introduce oil, gas and emissions on a small 2 acre property that slopes towards the water would be disastrous. To make matters worse, these vehicles are channeled on to an extensive driveway that is less than 8 feet from the water’s edge, meaning oil and gas would almost undoubtedly make their way into the water. This would completely poison and destabilize the living content and precarious balance of Creamery Pond. In addition, as per town code, these lots and driveways would be required to be paved. This, in turn, means more salt and plowing during winter months, again exposing the pond and its inhabitants to an unprecedented amount of toxic runoff from 1355 Kings Hwy. |
In addition to considering the runoff into Creamery Pond from cars, parking lots, roadways, and plowing, it must be acknowledged that this runoff may also include garbage and pollution from outdoor eating and entertainment areas, and even has the potential to include whiskey itself if improperly stored, or in the event of explosions and damaged casks. According to Sarah Riley and Zahira Rogers of the Courier Journal, “After a massive fire in May 2000 destroyed a Wild Turkey warehouse in Lawrenceburg, [KY] the resulting spill was so bad that workers pumped oxygen into the nearby Kentucky River to try to save its fish. An estimated 17,000 gallons of bourbon cascaded into the river near Frankfort, killing about 228,000 fish — one of the worst fish kills in the state's history.” Wild Turkey Distillery Fire
While the threat posed to the ordinary fish and wildlife in Creamery Pond is bad enough, there is a protected species of Bog turtle that that is suspected to make its home around the Sugar Loaf mountains. The Bog Turtle is listed by New York State as an endangered species, and as per the Department of Environmental Conservation, the primary threat to its survival is the deterioration of its habitat. The DEC also notes on their website that “Contamination by… run-off and industrial discharge may negatively affect the bog turtle and its habitat directly. Contaminates may also accumulate in or adversely affect the turtle’s invertebrate food supply.” This poses the possibility that runoff from 1355 Kings Hwy could negatively affect this rare, protected species. Should the bog turtle reside around Creamery Pond, the clear cutting of the property may have already hurt the species, as turtle eggs are often laid in elevated areas, and Bog Turtles generally retreat into more densely vegetated areas to hibernate from mid-September through Mid-April (U.S. Fish and Wildlife Services). Prior to its clear cutting, the land adjacent to the water at 1355 Kings Hwy served as the highest portion of both elevated and densely vegetated land surrounding Creamery Pond. With the removal of all vegetation and the proposed implementation of driveways and parking lots, there may be far fewer places for these turtles to hibernate or procreate.
While the threat posed to the ordinary fish and wildlife in Creamery Pond is bad enough, there is a protected species of Bog turtle that that is suspected to make its home around the Sugar Loaf mountains. The Bog Turtle is listed by New York State as an endangered species, and as per the Department of Environmental Conservation, the primary threat to its survival is the deterioration of its habitat. The DEC also notes on their website that “Contamination by… run-off and industrial discharge may negatively affect the bog turtle and its habitat directly. Contaminates may also accumulate in or adversely affect the turtle’s invertebrate food supply.” This poses the possibility that runoff from 1355 Kings Hwy could negatively affect this rare, protected species. Should the bog turtle reside around Creamery Pond, the clear cutting of the property may have already hurt the species, as turtle eggs are often laid in elevated areas, and Bog Turtles generally retreat into more densely vegetated areas to hibernate from mid-September through Mid-April (U.S. Fish and Wildlife Services). Prior to its clear cutting, the land adjacent to the water at 1355 Kings Hwy served as the highest portion of both elevated and densely vegetated land surrounding Creamery Pond. With the removal of all vegetation and the proposed implementation of driveways and parking lots, there may be far fewer places for these turtles to hibernate or procreate.