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FINAL GENERIC ENVIRONMENTAL

IMPACT STATEMENT

TECHCITY EAST CAMPUS


TOWN OF ULSTER
ULSTER COUNTY, NY

LEAD AGENCY: TOWN OF ULSTER TOWN BOARD


ONE TOWN HALL DRIVE
LAKE KATRINE, NY 12449

CONTACT PERSON: HON. JAMES E. QUIGLEY 3RD, SUPERVISOR

SEQRA CLASSIFICATION: TYPE 1 ACTION

APPLICANT: TECHCITY PROPERTIES, INC.


300 ENTERPRISE DRIVE
KINGSTON, NY 12401

APPROVAL DATE:

MAY 23, 2011


TABLE OF CONTENTS

PAGE

I. INTRODUCTION AND SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1


II. COMMENTS RECEIVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

III. RESPONSE TO SUBSTANTIVE COMMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

EXHIBITS

A. WRITTEN COMMENTS

B. PUBLIC HEARING TRANSCRIPTS

C. NY RCRA CLEANUP FACT SHEET

D. TOWN OF ULSTER WATER DISTRICT: WATER SUPPLY TEST DATA

E. UNCONSOLIDATED AQUIFER MAP: STEARNS & WHELER

F. SAMPLE MAP FROM ANNUAL GROUNDWATER MONITORING REPORT

MAPS

GROUNDWATER COLLECTION AND TREATMENT SYSTEM

EXTENT OF GROUNDWATER PLUME: 1996, 1999, 2006 AND 2010


FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT
TECHCITY EAST CAMPUS – TOWN OF ULSTER, NY PAGE 1

I. INTRODUCTION AND SUMMARY

A. Introduction

A Draft Generic Environmental Impact Statement (DGEIS) concerning


redevelopment of the TechCity East Campus was accepted by the Ulster Town
Board on December 2, 2010. That DGEIS and all exhibits thereto are incorporated,
by reference, into this Final Generic Environmental Impact Statement (FGEIS).

A public comment period to consider the proposed action was initially scheduled to
end on February 15, 2011, with a public hearing scheduled on February 3, 2011. The
public hearing was adjourned to February 17, 2011 and the comment period
extended until February 28, 2011. This FGEIS has been prepared to address all
comments received at the public hearing and in written form.

Upon review of the DGEIS, one of the alternatives considered (see Alternative B
page IV-4 of the DGEIS) was found to be more compatible with the Town’s
Comprehensive Plan than the original plan. This alternative would remove the
theatre use on Parcel E and replace it with additional research and development
space and provide a more landscaped frontage on Boices Lane. It is more
appropriate since the TechCity site is one of the most suitable in Town for light-
industrial use and has the infrastructure to serve such uses in a manner appropriate
with community design considerations. Alternative B is the preferred plan and does
not affect the conclusions of the environmental review process for the following
reasons:

1. This change adds less than 2% in total floor area to the Comprehensive Design
Plan and does not affect three of the five sub-areas of the site, which contain
two-thirds of the total floor area.

2. The impacts due to development of Alternate B are very similar to those of the
original, in some cases slightly greater, in others slightly less.
FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT
TECHCITY EAST CAMPUS – TOWN OF ULSTER, NY PAGE 2

II. COMMENTS RECEIVED

A. Public Agency Comments

No comments were received from public agencies.

B. Written Comments from the General Public

Written comments were received from the following two parties and are included in
Exhibit A:

a. International Business Machines – (IBM)

b. Robert Barton

C. Public Hearing Comments

A public hearing was held on February 3, 2011 and adjourned to February 17, 2011.
Transcripts of both public hearings are attached as Exhibit B.
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TECHCITY EAST CAMPUS – TOWN OF ULSTER, NY PAGE 3

III. RESPONSE TO SUBSTANTIVE COMMENTS

NOTE: No response has been provided to comments that were generally supportive of the
TechCity plan or were not relevant to environmental issues. In some instances oral
comments have been paraphrased for clarity.

A. Written Comments

1. Letter dated January 28, 2011 from IBM.

Comment 1: The groundwater treatment system must remain intact in its


current operating condition.

Response: The USEPA NY RCRA Cleanup Fact Sheet attached in Exhibit C


provides background information on the site’s groundwater contamination, the
groundwater interception system and groundwater treatment system, as well as
the site’s cleanup status. TechCity understands that maintenance of this system
is required to maintain compliance with the site’s RCRA permit and is
committed to working with IBM to ensure this occurs. This will be
accomplished via TechCity and IBM working under the oversight of the
NYSDEC on the site remediation.

Comment 2: IBM should be made aware of any storm water infiltration


designs. Any such designs should be assessed to ensure the continued efficacy
of the remedial system in place.

Response: The USEPA NY RCRA Cleanup Fact Sheet attached in Exhibit C


as described in the “Written Comment A.1 Response” also provides detail on
the site’s groundwater interception system used to contain the contaminated
groundwater within the confines of the site. Ongoing operation, maintenance
and monitoring of the system in conjunction with the groundwater treatment
system is necessary to contain the contaminated water. Any site work
FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT
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including but not limited to excavation, stormwater management construction,


utility installation, road construction, demolition and construction of buildings
and other site features, will need to be evaluated as to its impacts on the site
contamination and remedial systems. A framework will be developed between
TechCity and IBM working with the approval of the NYSDEC and appropriate
local and state review agencies, to address the impacts of any construction on
such remedial systems prior to proceeding with construction.

Comment 3: The following statement regarding IBM’s future


investigation/remediation is presented on page II-4 in the DGEIS: “Once
IBM’s source investigations are completed, pilot studies will be completed to
confirm which techniques are most effective for full-scale implementation to
complete groundwater cleanup in an accelerated timeframe”. It is premature
to presume that pilot studies will be conducted to assess alternate full-scale
technologies. Furthermore, to definitively say groundwater cleanup can and
will be conducted in an accelerated timeframe is also premature.

Response: The USEPA NY RCRA Cleanup Fact Sheet attached in Exhibit C


as described in the “Written Comment A.1 Response” also provides detail
regarding site investigation/remediation. TechCity recognizes that any future
changes to groundwater remediation must be done after thorough investigation
and evaluation of remedial alternatives in a joint relationship between TechCity
and IBM, with the approval of the NYSDEC. TechCity is committed to work
collaboratively towards its eventual success.

As discussed in the DGEIS, former manufacturing activity by IBM has affected


the groundwater under portions of the site, primarily from solvents used on the
East Campus. Extensive investigations have been conducted on the site since
approximately 1978 to characterize and delineate the extent of groundwater
impact. IBM has identified and removed source areas, such as underground
tanks, in conjunction with its investigations and overall facility shutdown. The
affected groundwater areas are hydraulically controlled and contained, and a
FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT
TECHCITY EAST CAMPUS – TOWN OF ULSTER, NY PAGE 5

groundwater pump-and-treat system was installed in the 1980’s in the north


parking lot of the East Campus.

With DEC approval, IBM installed a groundwater collection and treatment


system located in the north parking lot of the East Campus. This system is
illustrated on the following map, which was provided by IBM. This system
collects and withdraws impacted groundwater at down gradient locations in the
north parking lot, and treats this groundwater before discharge. This ongoing
groundwater treatment has reduced the concentrations and extent of impacted
groundwater over time, as documented by environmental monitoring that IBM
conducts. IBM has prepared work plans to continue to conduct source
investigations as areas become available by building demolition on the East
Campus.

The affected groundwater located under portions of the site, referred to as “the
plume” is hydraulically controlled and contained and has been
comprehensively analyzed/investigated by IBM under NYSDEC oversight
since 1978. The total acreage of the originally affected area was approximately
66 acres. The ongoing site cleanup over the past 20+ years has resulted in a
diminishment of the affected area, “the plume”, to approximately 40 acres of
affected groundwater, most of which is centrally located on the East Campus.
As illustrated on the following maps based on IBM’s Annual Groundwater
Monitoring Reports submitted to NYSDEC, both the size of the plume and
intensity of the contamination have been substantially reduced since 1996. A
sample of a map from the report appears in Exhibit F. An Order of Consent is
currently being negotiated between IBM, Tech City and NYSDEC. When
completed this agreement will include a Site Management Plan that will require
NYSDEC review and approval prior to any site disturbance activities.
Furthermore, any action involving site disturbance will require Site Plan
approval, which will only be granted after approval of such action by
NYSDEC.
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Tech City East Campus


Extent of Groundwater Plume
1996
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Tech City East Campus


Extent of Groundwater Plume
1999
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Tech City East Campus


Extent of Groundwater Plume
2006
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Tech City East Campus


Extent of Groundwater Plume
2010
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TECHCITY EAST CAMPUS – TOWN OF ULSTER, NY PAGE 11

2. Letter (undated) from Robert Barton.

Comment: Mr. Barton expressed concern about the Town’s potable water
supply wells and suggests the collection of pre- and post-remediation soil
samples.

Response: The USEPA NY RCRA Cleanup Fact Sheet attached in Exhibit C


as described in the “Written Comment A.1 Response” provides detail regarding
historic site sampling. The extent of volatile organic compounds (VOCs) in
groundwater at TechCity is very well defined and is limited within the confines
at the site. Periodic groundwater sampling is performed by IBM to verify at a
minimum, that the VOC plume remains stationary and IBM is required to
submit an Annual Groundwater Monitoring Report to NYSDEC, which, is
available at Town Hall. Also see response to IBM letter above. As a result, it
can be safely concluded that the Town’s potable water supply wells are not
currently threatened. As for the suggested soil sampling, this would apply to
additional soil cleanup actions performed at the site, if any, rather than the
groundwater remedy. Monitoring a groundwater problem such as this is
typically conducted via groundwater sampling and such a program is ongoing
at the site.

It should be noted that the Town of Ulster Water Department’s Ulster Water
District is regulated by Part 5, Subpart 5-1 of the New York State Sanitary
Code (10 NYCRR Subpart 5-1). Subpart 5-1.51 and Subpart 5-1.52 stipulate
maximum contaminant levels for various water quality parameters including
general organic chemicals, as well as minimum monitoring requirements for
these parameters. The Town of Ulster Water Department’s Ulster Water
District performs sampling of the general organic chemicals which include
some of the compounds found at the site. The District’s recent sampling
schedule and results can be summarized as follows:
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- Sampling Frequency: Sampling for Principal Organic Contaminants required


once every three years.

- Sampling Schedule: Last sampling performed October 6, 2010.

- Sampling Results: Volatile Organic Chemical Analysis performed on


October 21, 2010 via EPA Method 524.2 indicates that concentrations for all
parameters were less than 0.5 micrograms per liter. These sampling results
are included in Exhibit D

This sampling compliments the site sampling. This sampling information


indicates the absence of measureable contamination on the Town of Ulster
Water District’s well sources.

B. Public Hearing Comments

1. February 3, 2011 Hearing

a. Councilperson Hendrick

Comment: Ms. Hendrick asked how many residential units were


proposed.

Response: A total of 75 one and two bedroom apartments are proposed


for the site.

b. Councilman Eric Kitchen

Comment: Mr. Kitchen questioned what measures were considered to


alleviate traffic problems on Boices Lane.
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Response: A detailed traffic impact analysis was prepared by Creighton


Manning Engineers, the Town’s traffic engineering consultant. The study
analyzed existing traffic conditions, estimated traffic to be generated by
redevelopment of the TechCity East Campus and evaluated the impact of
this new traffic on existing intersections and roadway segments. Eleven
intersections surrounding the site were analyzed. The conclusions of the
analysis are as follows regarding each affected intersection:

Enterprise Drive/US Route 209/NY Route 199 WB Ramps – No


improvements required.

Enterprise Drive/US Route 209/NY Route 199 EB Ramps – No


improvements required.

Enterprise Drive/North Driveway – Remove existing signal. Convert


intersection to a right-in/right-out only driveway and install a stop-sign on
the westbound approach. Southbound left-turn vehicles will be served by
the adjacent intersection to the south via a modified jug-handle that
utilizes the adjacent parallel road for US Route 209 traffic.

Enterprise Drive/US Route 209 EB Off Ramp/Middle Driveway – This


intersection should operate under traffic signal control. The southbound
left-turns into the site will utilize a modified jug handle to access the
parallel road and cross Enterprise Drive. The eastbound yield controlled
right-turn lane should be reconstructed to utilize the traffic signal at the
Middle Driveway so drivers do not have to look back over their shoulders
to merge into southbound traffic on Enterprise Drive and the westbound
Middle Driveway approach should provide separate left and right turn
lanes.
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Enterprise Drive/North & South Loop Driveways – Construct exclusive


northbound and southbound left-turn lanes on Enterprise Drive to remove
all left-turning traffic from the through lanes.

Enterprise Drive/West Campus Driveway/South Driveway – The South


Driveway and Boices Lane/Mountain View Court intersections on
Enterprise Drive should operate under a coordinated signal system to
ensure that the southbound queue on Enterprise Drive does not block side
street traffic from entering and exiting the development. An exclusive
left-turn lane and a shared through/right-turn lane should be provided on
the westbound South Driveway approach.

Enterprise Drive/Boices Lane/Mountain View Court – The South


Driveway and Boices Lane/Mountain View Court intersections on
Enterprise Drive should operate under a coordinated signal system to
ensure that the southbound queue on Enterprise Drive does not block side
street traffic from entering and exiting the development.

Boices Lane/Middle Driveway/Dalewood Street – The existing site


driveway on Boices Lane located between Elmwood Street and Locust
Street should be shifted to the west opposite Dalewood Street which is the
approximate midpoint between Enterprise Drive and Morton Boulevard.
A traffic signal should be installed.

Boices Lane/Morton Boulevard/East Driveway – The existing northbound


Morton Boulevard approach should be re-stripped to provide an exclusive
left-turn lane and a shared through/right-turn lane. A second eastbound
through lane should be constructed on Boices Lane and extended to the
John Clark Drive/Driveway intersection with asymmetrical widening to
the north. Additional right-of-way will be needed along the project
frontage to complete the widening. Eastbound left-turns should be
restricted into the site. NYSDOT has been considering a grade crossing
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improvement project, which will upgrade circuits, gates, and flashers at


this location. Based on discussions with the NYSDOT, the project should
explore the possibility of widening the Boices Lane crossing to 4-lanes
with pedestrian crossing accommodations within the railroad ROW.
Mitigation for the proposed development would be completed along
Boices Lane but outside the railroad ROW. The existing traffic signal
should be coordinated with the Boices Lane/John Clark Drive/Plaza
Driveway intersection.

Boices Lane/John Clark Drive/Plaza Driveway – The eastbound approach


should be re-striped to provide a shared left-turn/through lane and a
shared through/right-turn lane in order to line up with the proposed
improvements at the Morton Boulevard/East Driveway intersection. This
intersection should also be coordinated with the Boices Lane/Morton
Boulevard/East Driveway intersection.

Any improvements at the Boices Lane/Morton Boulevard/East Driveway


intersection or the Boices Lane/John Clark Drive/Plaza Driveway
intersection shall be coordinated with the NYSDOT to insure that
adequate pre-emption is maintained with the CSX rail crossing.

A threshold sensitivity analysis was conducted in order to determine


when the proposed improvements at the Boices Lane/Morton
Boulevard/East Driveway intersection and at the Boices Lane/John Clark
Drive/Plaza Driveway intersection would be required to maintain
adequate traffic operations at these locations. The level of service
analysis is provided for the 2014 design year.

The threshold analysis indicates these study area intersections will


operate at the current levels of service with the development of up to 25
percent of the proposed project and no improvements. The analysis also
indicates that with the development of up to 50 percent of the proposed
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project, these intersections will experience a level of service reduction on


certain approaches. It is anticipated that with signal timing
improvements, the intersections will operate adequately with up to 50
percent of the development traffic. However, any development above
and beyond 50 percent of the TechCity Office Park will likely require the
geometric improvements detailed above to increase capacity at these
intersections.

Councilman Eric Kitchen

Comment: How long will this project take?

Response: The rate of occupancy and necessary construction for new


users is largely dependent on marketing and the nature of the economic
climate. At this time, TechCity estimates that it will take between three
and five years to reach full occupancy.

c. Robert Barton

Comment: Mr. Barton expressed concern about the Town’s potable water
supply wells and suggests that pre- and post-construction sampling should
be conducted.

Response: Any impacted soil that is disturbed by construction activities


will be managed in accordance with all applicable regulations. This
includes removal and off-site disposal where necessary. Provisions for
future monitoring of the volatile organic compounds (VOCs) present in
the site groundwater are already in place. An extensive network of
monitoring wells exists at the site for this purpose. These wells are
currently sampled on a regular basis and this program will continue
through and beyond the construction period. In addition, as noted in
“Written Comment A.2 Response”, the Town of Ulster Water
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TECHCITY EAST CAMPUS – TOWN OF ULSTER, NY PAGE 17

Department’s Ulster Water District is regulated by Part 5, Subpart 5-1 of


the New York State Sanitary Code (10 NYCRR Subpart 5-1). Subpart 5-
1.51 and Subpart 5-1.52 stipulate maximum contaminant levels, and
minimum monitoring requirements for various water quality parameters
including general organic chemicals. This sampling compliments the site
sampling. This sampling information included in Exhibit D indicates the
absence of measureable contamination on the Town of Ulster Water
District’s well sources.

d. Corey Halwick, Sewer Superintendent

Comment: The permit for sewage discharge from TechCity expired in


February, 2008 and the GEIS should not be approved until a new permit
is in place.

Response: Permit No. 001, for A.G. Properties of Kingston, LLC, 300
Enterprise Drive, Kingston, NY 12401 was developed and issued to
permit discharge of sewage from the TechCity Wastewater Collection
System to the Town of Ulster North Interceptor, which is tributary to the
Town of Ulster Sewer Collection System. The permit is currently
expired. The previous permit provides for limits for wastewater flow
quantities, as well as limits for wastewater constituents. The new permit
is in the process of being negotiated and will include limits for
wastewater flow quantities currently at 150,000 gallons per day, as well
as limits for wastewater constituents including mass discharge based
limitations and concentration based limitations.

The proposed redevelopment of the TechCity East Campus site as


outlined in the DGEIS involves the use, reuse, demolition and
introduction of various buildings on the East Campus. Various potential
building uses including office, industrial, research and development,
commercial and residential uses will occur at the site as it is redeveloped.
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As the site is redeveloped, wastewater flow will be generated by these


uses beyond the current flow, and wastewater generated at the site will
have certain characteristics based upon the particular wastewater’s
constituents. The above-referenced permit will regulate both the flow
quantity and constituent limits associated with this wastewater flow.

Proper regulation of the wastewater flow generated by the TechCity


facility through proper operation of the facility, its collection system,
appropriate sampling, and pretreatment if necessary, while compliant
with this permit, will insure that operation of the TechCity facility will
not adversely affect the operation of the Town of Ulster’s Ulster Sewer
District Sewage Treatment Plant (STP) and/or compromise the facility’s
compliance with its New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System Permit No.
NY0021563.

Issuance of the new permit will be necessary to regulate the wastewater


flow generated by the facility. Occupation of any of the new or reused
building space at the site would be contingent on issuance of the new
permit. In order to insure that both the Town of Ulster and TechCity
concur as the site is redeveloped regarding wastewater flow generation
from the perspective of flow quantity and wastewater constituent quality,
a procedure for review and approval of proposed site uses as they occur
specifically related to wastewater flow generation will be implemented
and adhered to. This procedure should be augmented by application for
and issuance of building permits from the Town of Ulster.

e. Vince Guido

Comment: Traffic analysis is inadequate.

Response: See response to comment by Councilman Kitchen, above.


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f. Vince Guido

Comment: Will there be new ownership of individual parcels?

Response: The individual development parcels will provide existing and


new buildings with a unique and individual identification and thereby
enhance their marketability and attraction to new job creating
organizations. Each of the parcels will have direct access to a new
internal tree-lined street and pedestrian system to offset the monolithic
nature of the former manufacturing plant and create a modern planned
development project. In the event potential new companies require, as a
condition of locating in TechCity, that they have ownership of their
facilities, the site can be subdivided to accommodate this criterion.
However, all properties will still be governed by the provisions of the
Comprehensive Design Plan for the site and conditions of site plan
approval. All parcels will also be subject to the provisions of the RCRA
permit until released.

g. Vince Guido

Comment: Will residential use conflict with business development?

Response: The proposed residential use is located only in the southern


section of the Campus in the planned “Town Center”, separated from the
existing and proposed manufacturing uses and further buffered from
manufacturing by the existing buildings proposed for indoor parking.
The living units will be on the second and third floors of building above
street level retail and office uses of a benign nature. The building will be
constructed with current building technology to make them energy
efficient and well-insulated from external sound and activity.
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Comment: We don’t need any zoning changes. We cannot sacrifice our


zoning here and make zoning changes on the premise of something to
come.

Response: The proposed zoning amendment to create the ROD District


provides the Town with a mechanism to approve and control the
Comprehensive Design Plan for the entire property which will guide the
development of the site for the future.

Comment: - “we cannot disturb the soils where it’s proposed because it
gets into the environmental stuff”

Response: The groundwater contamination has been identified within a


defined area of the site. There are other areas of the site beyond these
areas and soil disturbance does not affect these conditions. In areas
where ground water contamination has been identified it is below the
surface and surface level disturbance can be managed to avoid the
groundwater and if contaminated soil is found to be present it will be
managed and remediated as required by New York State Department of
Environmental Conservation (NYSDEC).

2. February 17, 2011 Hearing

a. Robert Barton

Comment: Mr. Barton commented that the DGEIS did not include
environmental sampling data.

Response: Investigation of environmental conditions at the site has been


ongoing for over 20 years. Substantial numbers of samples have been
collected and many reports prepared. All of this work has been
conducted under the close supervision of the NYSDEC. The required
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Annual Groundwater Monitoring Report submitted to NYSDEC is


available for review in the Town Supervisor’s office. This site is very
well studied and all environmental issues are understood and
documented. The USEPA NY RCRA Cleanup Fact Sheet attached in
Exhibit C as described in the “Written Comment A.1 Response” provides
detail regarding historic site sampling. The repository for information
regarding the site including supporting technical documents and
correspondence cited in the USEPA NY RCRA Cleanup Fact Sheet is as
follows:

New York State Department of Environmental Conservation


Division of Solid and Hazardous Materials
Bureau Hazardous Waste and Radiation Management
625 Broadway
Albany, NY 12233-7252.

b. Ron Miller

Comment: Mr. Miller submitted a map showing underground


unconsolidated aquifers in Ulster County. Mr. Miller is concerned that
changing the layout of improvements on the TechCity parcel is likely to
affect the stormwater and groundwater flows, which will ultimately affect
the movement of the contamination plume and may affect the town of
Ulster Water District Wells. Mr. Miller stated that the aquifer map
shows the relationship of the aquifer to the IBM plume.

Response: The map submitted of unconsolidated aquifers in Ulster


County was prepared in 1989. The map is at an extremely small scale but
appears to indicate an aquifer under the West Campus of TechCity. The
map does not show the relationship to the IBM plume. The full size map
was developed for, and is included in, the Ulster County Water Supply
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Study, 1989 by Stearns and Wheler as Plate 2. A copy of Plate 2 is


attached in Exhibit E. Additional information regarding this aquifer can
be found in the Ulster County Water Supply Study, 1989.

“Written Comment A.2 Response” describes the evaluation of any


proposed site work, including stormwater, that will need to be performed
so as to not adversely impact the control of the site contamination, nor
adversely impact any nearby aquifers. In addition, as noted in “Written
Comment A.2 Response”, the Town of Ulster Water Department’s Ulster
Water District is regulated by Part 5, Subpart 5-1 of the New York State
Sanitary Code (10 NYCRR Subpart 5-1). Subpart 5-1.51 and Subpart 5-
1.52 stipulate maximum contaminant levels, and minimum monitoring
requirements for various water quality parameters including general
organic chemicals. This sampling compliments on going site sampling.
This sampling information included in Exhibit C indicates the absence of
measurable contamination on the Town of Ulster Water District’s well
sources.

c. Ron Miller

Comment: The office-manufacturing zone should remain cohesive since


the Town already has sufficient retail area.

Response: The proposed Redevelopment Overlay District (ROD) will


serve two purposes:

(1) Certain office, manufacturing and related facilities within the Town
which are no longer utilized by their original owners or for their
original purposes, constitute a valuable economic resource for the
Town, but may require changes in use, configuration or
development program to be sustainable. Due to the size and
existing layout of such sites, flexible land use patterns, shared
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parking strategies and design criteria can replace the standard lot
and bulk requirements of the OM District while insuring appropriate
accessibility to public roads and open space. By the establishment
of appropriate conditions following the completion of the
environmental review process, the ROD will create an integrated
approval process for approval of individual site plan and
subdivision proposals that will facilitate the redevelopment of such
a site.

(2) The ROD is an overlay district intended to provide an alternative to


redevelopment of the site under the existing underlying OM zoning
district. The standards and procedures set forth in the ROD will
over-ride and replace standards and procedures set forth elsewhere.
EXHIBIT A

WRITTEN COMMENTS
FROM: ROBERT BARTON
270 RISELEY ST.
KINGSTON, N.Y. 12401
TOWN OF ULSTER

TO: TOWN OF ULSTER TOWN BOARD


RD
SUPERVISOR JAMES E. QUIGLEY 3
ONE TOWN HALL DRIVE
LAKE KATRINE, NY 12449

SUBJECT : TECHCITY EAST CAMPUS


DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT

Their should be no new development at the TECHCITY EAST


CAMPUS until there has been a complete study and removal all
affected groundwater and soil at the contaminated site.
This can be done by taking samples of the soil around the
perimeter of the plume and at points inside the plume and then
listing the locations of the samples along with the chemicals and
other materials that are found along with the parts per million
found there and the limits for those chemicals and be published in
a table form.
After this is done a study should be done to see how best to
remove all of the contamination at the site.
The next step would be to remove all the contamination at the
site if it could be done at all.
After the removal of the contamination, new soil samples
should be taken and compared with the first samples.
The reason for doing all of this is because the Town has
drinking water wells just a short distance away from the site, the
Esopus Creek runs along TechCity’s west campus, and there are
water aquifers in the area.
Anything that is done there will impact greatly upon the town’s
capability of providing good clean fresh water.

Sincerely,

Robert Barton
EXHIBIT B

PUBLIC HEARING TRANSCRIPTS


EXHIBIT C

NY RCRA CLEANUP FACT SHEET


EXHIBIT D

WATER SUPPLY TEST DATA


EXHIBIT E

UNCONSOLIDATED AQUIFER MAP


EXHIBIT F

SAMPLE MAP FROM ANNUAL GROUNDWATER MONITORING REPORT


STATE OF NEW YORK
TOWN OF ULSTER
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In re:

TechCITY EAST CAMPUS

TOWN OF ULSTER

ULSTER COUNTY, NY

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WEDNESDAY, FEBRUARY 3, 2011

7:15 P.M.

TOWN OF ULSTER TOWN HALL

LAKE KATRINE, NEW YORK

B E F O R E:

HON. JAMES E. QUIGLEY, 3RD, SUPERVISOR

REPORTED BY: MARLENA LAIBACH


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2 MR. QUIGLEY: It is 2 I'd like to -- I'd like to
3 slightly past 7:15. At this point in 3 just give a summary of the procedures that
4 time, I'd like to call the public hearing 4 were followed to date; where this
5 scheduled for 7:15 on the TechCity Draft 5 Environmental Impact Statement is in the
6 Generic Environmental Impact Statement to 6 process and where it will go from here.
7 order, and we are having it transcribed 7 As the Board will recall,
8 tonight for us. 8 the applicant TechCity submitted an
9 The purpose of this hearing 9 application almost two years ago for a
10 is to receive comments on the TechCity 10 development plan for the East Campus of
11 DGEIS, which has been available for public 11 TechCity and requesting some zoning
12 reading and review for two months now. 12 revisions to provide more flexibility and
13 Responses by the Town Board 13 more expeditious reviews under that plan.
14 and the applicant will be limited at this 14 The Town Board received the
15 time. 15 application; designated itself as lead
16 Written comments may be 16 agency under the State Environmental
17 submitted until 2/15. And all comments, 17 Quality Review Act; approved a positive
18 oral and written, will be answered in 18 declaration which requires that an
19 writing in the final GEIS. 19 environmental impact statement be
20 At this point prior to 20 prepared.
21 opening the floor -- well, Mr. Shuster, if 21 It approved a scope for the
22 you would, please present to the Town 22 environmental impact statement, which sets
23 Board and the audience here a synopsis. 23 forth all of the issues to be addressed
24 MR. SHUSTER: Good evening, 24 and the areas of investigation.
25 members of the Board. 25 And unlike many instances
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2 where environmental impact statements are 2 impacts, archeological considerations, and
3 prepared by applicants, the Town Board 3 community services, among others.
4 elected to assume the responsibility of 4 The entire analysis and
5 preparing the environmental impact 5 conclusions is presented in the Draft
6 statement directly with some assistance 6 Environmental Impact Statement which has
7 from the applicant. 7 been available for review by the public
8 The Draft Generic 8 and will be available until the end of the
9 Environmental Impact Statement has been 9 comment period February 15th.
10 prepared for the Town Board by consultants 10 The applicant's architect
11 that it selected working on its behalf. 11 will give a presentation, a summary of the
12 There has been some input from TechCity's 12 development plan.
13 consultants on certain aspects of it. 13 Let me just take a moment to
14 The environmental impact 14 address the zoning revisions proposed, and
15 statement considers a variety of factors 15 that's been -- it was initiated by the
16 related to development of the TechCity 16 applicant, but the Town's consultants have
17 site. It evaluates the existing 17 drafted a substantially revised version of
18 conditions, potential impacts from 18 the district designated -- or
19 development of the plan and enactment of 19 redevelopment overlay district which would
20 the zoning regulations, and recommends 20 apply only in the office manufacturing
21 mitigation measures to prevent or avoid 21 district in the town and provide more
22 potentially adverse impacts. 22 flexibility in terms of development but
23 It looks at all of the 23 also establishing what the overall
24 factors related to site development: Land 24 development pattern will be within a
25 use, traffic, utilities, financial 25 district once it's approved.

2 (Pages 2 to 5)
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2 It specifies permitted uses, 2 comment period -- will all be addressed in
3 standards under which they may be 3 writing and included in a final
4 developed. It provides that what's called 4 environmental impact statement.
5 the comprehensive design plan submitted 5 The final environmental
6 with the application, which will be 6 impact statement will include the draft
7 described by Mr. Divney for the applicant, 7 that's been prepared. It may also
8 can be approved by the Town Board 8 consider revisions to that draft or
9 simultaneously with approval of the zoning 9 additions based on the comments and the
10 district itself so that the Town Board has 10 responses thereto.
11 an opportunity to not only approve a 11 That document will also be
12 designated zoning district but also the 12 reviewed and approved by the Town Board,
13 plan which it can rely on to take place 13 if it chooses to.
14 within that district. 14 The conclusion of that
15 Once that is approved, a 15 process would be an approval by the Town
16 more detailed site plan approval will go 16 Board of a finding statement which
17 through the Planning Board for individual 17 summarizes the process, the findings
18 projects, but the overall plan and design 18 regarding the enviromental impacts that
19 will have been established by the Town 19 the Town Board has made, and establishing
20 Board in its zoning approval. 20 the basis for its decision to approve the
21 Finally, what will happen to 21 actions which were the subject of the
22 complete this process, after the comment 22 environmental impact statement.
23 period is over, all comments received -- 23 With that, I turn it over to
24 both those submitted orally tonight, as 24 Michael Divney, who represents the
25 well as those in writing by the end of the 25 applicant, who will give a brief overview
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2 of the comprehensive design plan. 2 to the audience. So, my apologies with
3 MR. QUIGLEY: Mr. Divney, 3 choreography that I'm going to try to go
4 for the record, would you state your full 4 through here.
5 name and your professional association? 5 TechCity property has
6 MR. DIVNEY: Good evening, 6 approximately 138 acres along the East
7 Mr. Supervisor and Members of the Board. 7 Campus. That's the campus that is on the
8 My name is Michael Divney. 8 east side of the main highway which comes
9 I'm an engineer and land planner, and I am 9 through here, Enterprise Drive.
10 associated with TechCity as a consultant 10 Along the north side of the
11 to them, and I represent the firm Divney, 11 property, Route 209/199; on the south
12 Tung, Schwalbe. 12 side, Boices Lane, the railroad; and Route
13 Mr. Supervisor, with your 13 9W on the east; and the Bank of America
14 permission, I would like to take a few 14 building and the Esopus River on the west
15 moments to set up the boards and then I'll 15 side of the property.
16 begin. 16 You'll see on the left-hand
17 MR. QUIGLEY: Thank you. 17 side an indication of the existing
18 (Pause in the proceedings.) 18 development on the property. On the East
19 MR. DIVNEY: May I take 19 Campus, there is approximately two million
20 this microphone off the stand? 20 two square feet of development in a
21 MR. QUIGLEY: Yes, you may, 21 variety of buildings that represent the
22 sir. 22 former IBM facility.
23 MR. DIVNEY: Thank you. 23 It is accessed through a
24 I want to try, if I can, to 24 series of intersections off Enterprise as
25 make a presentation to both the Board and 25 well as connections to Boices Lane.

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2 Along the north portion of 2 identity and respond to the needs of a
3 the property, up in through this section 3 whole variety of new and innovative
4 (indicating), is Old Neighborhood Road. I 4 corporations.
5 only mention that because at the present 5 In order to accomplish that,
6 time, there is no access to Old 6 the primary planning objective was to
7 Neighborhood Road from TechCity in a 7 develop an internal roadway and
8 meaningful way. 8 circulation system; that internal system
9 What we have done in 9 of new roads internally to the site,
10 developing this plan, which is an exhibit 10 connected to existing points on the
11 in the Draft Generic Environmental Impact 11 surrounding street system so as to
12 Statement, is to develop a strategy to 12 recreate generally the same type of access
13 reposition the IBM property to be a 13 to the property but to create an internal
14 modern, innovative, green technology 14 road system that's depicted on the master
15 manufacturing and innovative business 15 plan extending from Boices north to Old
16 park. 16 Neighborhood Road, opening that up, and a
17 It's a lot of objectives to 17 series of individual roads connecting into
18 accomplish to transform the former IBM 18 Enterprise and back down to Boices Lane.
19 facility into a modern business and 19 By dividing the property
20 technology park. 20 into those quadrants, we have created a
21 In order to do that, we have 21 series of new units of development whereby
22 had to transform a single monolithic, 22 the existing buildings will each have
23 single-purpose manufacturing building into 23 their own individual address; that is,
24 a group of individual structures, each of 24 they will have an identity, not part of a
25 which could be marketable with their own 25 monolithic anonymous manufacturing plant
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2 that had only a single purpose, but to 2 The second critical element
3 attract and be responsive to a broad 3 of the plan was to create a more rational
4 series of technology and business markets. 4 parking system. And as you know, modern
5 As a part of that, to 5 business parks -- people like to park
6 incorporate amenities into the master plan 6 close to their front door. The idea of
7 that would enhance the livability and the 7 walking five, six, seven hundred feet to a
8 business operations on the site, among 8 parking area is a negative.
9 those amenities are to provide new 9 And when we can create
10 landscaping throughout all these internal 10 efficient, accessible parking to go along
11 roads, relandscape the parking lots, 11 with these new buildings, each having
12 provide sidewalks from one business to the 12 their own identity, that will further
13 other so that we create a walkable, 13 characterize and distinguish this park
14 attractive, interesting environment for 14 from other office parks that do not have
15 businesses to be attracted to this 15 that carefully thought-out parking system.
16 location. 16 The most important
17 Modern business parks have 17 ingredient of that has been to create a
18 many of those amenities. It provides an 18 series of indoor parking facilities within
19 attraction to their employees, and it 19 two of the buildings that themselves have
20 makes for a much more liveable and 20 shapes and designs that are less likely to
21 interesting workday by having your 21 be repositioned for new buildings.
22 surroundings more attractive, more 22 And in the center of the
23 friendly and safer, especially at lunch 23 property, the two buildings -- Building
24 hour to walk around and enjoy your 24 One North and Three North -- are currently
25 presence at the site. 25 linked together east/west through the

4 (Pages 10 to 13)
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2 property, but they represent an ideal 2 provide mixed use so that there would be
3 opportunity to be converted to indoor 3 an opportunity on the site for a small
4 parking. 4 lunch -- a place for people to have lunch;
5 And now what that means is 5 for those working on a late shift, to get
6 buildings that are otherwise perhaps 6 dinner.
7 obsolete for current businesses can be 7 And so there is a second
8 converted to parking, putting the parking 8 area of the property that will have, in
9 right at the center of the site. It's 9 effect, what might be a small town center;
10 visually screened by being interior; and 10 that is, a town center related to the
11 in the event we ever have a difficult 11 employees that work here.
12 winter with snow, it would be an ideal 12 That walkable town center is
13 place for parking and to create an amenity 13 located in this portion of the property
14 and attraction that's not possible to 14 below this access road (indicating) and
15 achieve in most business parks of this 15 would include one-story retail at the
16 kind. 16 street level -- business services, copy
17 The results are outside 17 shops, things that are necessary to
18 parking as well, but that provides an 18 support what will ultimately be 1.9
19 opportunity in the center of the site to 19 million square feet of new business
20 make all of the existing buildings around 20 development on the property.
21 it much more marketable and have a 21 Currently, the East Campus
22 convenience of parking and a quality of 22 has about 2.2 million square feet of
23 parking that's very difficult to 23 development. And with demolition of
24 accomplish in today's business climate. 24 approximately 260,000 square feet, we have
25 Another amenity is to 25 approximately 1.9 million square feet.
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2 That could lead to 2,500 or 2 proposed elements of this plan.
3 3,000 or 4,000 new jobs over time and to 3 In the lower-right-hand
4 provide services and amenities to provide 4 corner of the drawing, we had originally
5 for the daytime needs of those employees. 5 proposed a movie theater in this area.
6 That small center will have 6 And the Town felt that along the Boices
7 restaurants and convenience stores so that 7 Lane frontage, they wanted something a
8 they don't have to get in their car to 8 little less intense. They wanted to
9 leave the campus at lunch hour in order to 9 explore what alternatives could be placed
10 take care of their needs. 10 along that frontage.
11 It's modest in size but 11 And so the first thing we
12 provides a convenience to the employees. 12 did was we developed a plan to create a
13 It's walkable and can be accessed by 13 landscaped berm along the entire frontage
14 sidewalks from virtually the whole campus. 14 of Boices, so that 40 or 50 feet in width
15 And on the upper levels, the 15 and 4 or 5 feet in height planting --
16 upper two levels above the retail, there 16 there would be a landscaped berm along
17 would be a modest program of housing that 17 that entire frontage, and that landscaped
18 would be built above that retail. 18 berm would have a sidewalk as well so that
19 Finally, in the SEQR 19 it could provide an opportunity for
20 process, the DEIS review, one of the 20 walking and conceal some of the parking
21 things that is done is that alternatives 21 behind.
22 are explored. And in that process of 22 The alternate plan contained
23 reviewing alternatives to the basic plan, 23 in the DEIS illustrates that plan as well
24 representatives of the Town indicated a 24 as eliminating one of the access points
25 strong concern to remove one of the 25 the plan provided for on Boices. So, the

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2 access point on Boices Lane was 2 any potential restrictions.
3 eliminated. 3 MR. DIVNEY: I mentioned
4 At the Town's request, we 4 that there is an internal drive at this
5 have shown a landscaped berm of 5 point of the property (indicating).
6 significant proportions along the entire 6 Building 25, as many of you
7 property and provided a one-story 7 may know, is a three-story office
8 attractive building to provide a buffer to 8 building, and the plan shows how each
9 the interior portion of the site. 9 corner of the building and the frontage
10 In a sense, that represents 10 will be designed to become new entrances
11 the summary description of the plan, the 11 to that building to provide an opportunity
12 important ingredients that were part of 12 for individual identity.
13 conceiving the plan and providing access 13 The likelihood of a single
14 connecting to the existing street but 14 user of 300,000 square feet today is very
15 allowing for a great deal of circulation 15 unlikely, so that's one example of where
16 to occur within the site rather than using 16 we created a way to break down that
17 the surrounding streets for the purpose of 17 building into even smaller components to
18 moving from one part to the other. 18 give it individual identity.
19 Mr. Supervisor and Members 19 And by doing so, when it
20 of the Board, thank you very much for the 20 does become occupied, this 300,000 square
21 opportunity to make these remarks. 21 feet of building, if it has two people per
22 MR. QUIGLEY: Mr. Divney, 22 thousand or three people per thousand,
23 if I may ask you to describe a little bit 23 that would be something in the
24 more fuller the four-building town center 24 neighborhood of 600 or 700 people,
25 concept that is proposed and its uses and 25 employees who might work in this building.
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2 And so this walkable 2 So, a restriction has been
3 pedestrian street called Center Drive was 3 proposed that will gear the ultimate
4 created so that those employees, as well 4 number of units on that site that can only
5 as employees from other buildings in the 5 be built in accordance with the leasing up
6 area, could walk to this area for lunch, 6 of the property so that that housing is
7 for convenience shopping, for a small 7 not used for a purpose unrelated to
8 stationery store; the kind of traditional 8 promoting economic development.
9 neighborhood center, very small scale, no 9 In a way, that's a fourth
10 stores of any significant size, but really 10 amenity to distinguish this business and
11 just to serve the two to three, or maybe 11 technology park from all others where
12 even 4,000 folks that will work on this 12 folks that are going to work here could
13 street. 13 live here and not have to use their car to
14 Another concern that the 14 get back and forth to work.
15 Town had with respect to the upper 15 In addition to that, several
16 floors -- that is, the residential -- that 16 restrictions were placed on the size of
17 that residential should be primarily to 17 the units so that they would be large
18 serve the companies that come into this 18 enough in square footage so that they were
19 facility. 19 of a higher quality; that they not be very
20 And as a result, the amount 20 small units that are designed to be less
21 of residential development that is 21 than the quality that we're trying to
22 permitted to take place in those upper 22 accomplish here at the park.
23 levels is geared to the amount of 23 So, there's two
24 occupancy of the space; that is, the 24 restrictions, plus some other language.
25 occupancy of the park. 25 One is the units are to be of significant

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2 size in floor area so they're generous, 2 apartments that are going to be fairly
3 attractive units -- an average of 3 significant in size -- comfortable size
4 50 percent one-bedrooms, 50 percent 4 apartments -- for up to 4,000?
5 two-bedrooms -- that they be very nice 5 MR. DIVNEY: No. Up to 75
6 units with enough space to attract 6 units, I believe, was the number.
7 professionals to here that might be 7 MS. HENDRICK: Seventy-five
8 employees of the facility and that they be 8 units? Okay.
9 placed according with the development of 9 MR. KITCHEN: Mr. Divney,
10 the site. 10 I've heard the general layout of this
11 MR. QUIGLEY: Thank you, 11 property sometime ago, and it's changed a
12 Mr. Divney. 12 little bit since the last time I heard it.
13 MR. DIVNEY: You're 13 One of the concerns --
14 welcome, sir. 14 internally, I don't see immediately any
15 MS. HENDRICK: Can I ask a 15 problems. My big concern is the roads
16 question in reference to what you just 16 coming in to this site.
17 spoke about, just so I understand it? 17 Boices Lane, of course -- I
18 So, you're saying there 18 don't feel it's even adequate for the
19 could be up to potentially, say, 4,000 19 traffic that gets on today, and I wonder
20 employees at the park, right? 20 what's going to be done with it in the
21 MR. DIVNEY: That's 21 future. Of course, we've got the railroad
22 correct. 22 tracks, which I think that's something
23 MS. HENDRICK: And then you 23 we're going to have to live with for a
24 said that these apartments that you're 24 while.
25 going to create are one- to two-bedroom 25 But the light at Martin
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2 Boulevard -- that's another problem. 2 required at a certain point in time when
3 Anything that you people have looked at to 3 the traffic reaches a certain level,
4 alleviate some of those problems? 4 including the intersection at the railroad
5 MR. DIVNEY: As a part of 5 of Boices Lane.
6 the process of developing the 6 So, there are
7 environmental impact statement, the Town 7 recommendations for those improvements
8 retained a traffic engineering firm to 8 included in the DEIS.
9 examine the future traffic volumes that 9 MR. MORROW: Was that
10 would be generated. 10 Creighton Manning that did those?
11 And as I mentioned, the uses 11 MR. DIVNEY: That's
12 on the site are what we call mixed use. 12 correct; seventy-two units.
13 It has manufacturing, light 13 MR. QUIGLEY: Do you have a
14 industrial. It has some residential. If 14 question to ask?
15 I remember -- I'm going to double-check 15 MR. KITCHEN: Thank you.
16 that number, but it's 75 or 80. 16 Good evening. Good evening, Mr. Divney.
17 So that the first thing that 17 Do you know when you plan
18 we did was develop a mixture of uses that 18 on -- of course, you don't know what date
19 would have a varying level of when the 19 you plan on starting this project.
20 peak hour occurred. So, the traffic 20 Do you have an idea of how
21 engineer did a very careful analysis of 21 long this project is going to take? Is
22 how to tweak, if you will, the different 22 this a project that would be done in
23 peak hours to minimize the traffic. 23 phases over so many years?
24 And as a part of the plan, 24 And also, quite a bit of
25 they identified improvements that would be 25 construction you have going on here. Will

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2 you be putting local workers and local 2 folks that are interested to come to the
3 labor to work on your project, sir? 3 park, and the folks that are running the
4 MR. DIVNEY: Counsel 4 leasing and marketing are constantly
5 Kitchen, number one, just to give you an 5 talking to new companies.
6 idea of where we are today, to begin with, 6 One of the fascinating parts
7 we use the term space that's available 7 about this -- I'll just give you some
8 now. 8 numbers, if we can. We're going to
9 That doesn't include the 9 demolish roughly 290,000 square feet -- a
10 buildings up north that are new as 10 lot of that has already been started -- to
11 proposed, and it doesn't include the 11 get some of the buildings that weren't
12 buildings that are going to be converted 12 quite up to the same standard as the
13 to parking. 13 original IBM building.
14 But of the available space, 14 And as we've mentioned
15 when we all began this process, that was 15 before, there's a great deal of embedded
16 about 25 percent leased. Right now, that 16 infrastructure, good quality construction,
17 available space is about 60 percent 17 admittedly industrial type buildings, and
18 leased. 18 a lot of energy used to build those
19 So, TechCity has been 19 buildings, and we're going to use most of
20 gaining an image, if you will, of being a 20 the best of them.
21 green development, sustainability, green 21 We're going to convert
22 jobs, renewable energy technology park. 22 558,000 square feet, those two buildings
23 And it's beginning, as 23 in the center, to parking. That will be
24 you've seen from the press, to get some 24 internal renovation. It's not the type of
25 traction in that regard. There are many 25 development where there is a great deal of
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2 earth-moving and that kind of heavy 2 And right now, the economic
3 activity that's customarily associated 3 conditions make any new development that
4 with a greenfield site. 4 requires the entire building to be brand
5 And the new buildings are 5 new quite expensive. Each one of these
6 600,000 square feet, and that's a 6 buildings, the old IBM buildings, have
7 combination of the new industrial 7 something between $100 and $150 per square
8 buildings at the north and the commons 8 foot of embedded value. So, any new
9 that's being proposed down here 9 buildings are going to have to start from
10 (indicating). 10 that point and bring it up.
11 If we are in a period of 11 But as the park becomes more
12 three or four years, five years, at the 12 successful -- the companies come in, they
13 60 percent level of the currently 13 like the location, the amenities build up,
14 available space, and I'm going to sort 14 they see the quality of life for their
15 of -- that means in the relatively short 15 employees -- I think that within five
16 term, given the aggressive nature in which 16 years at the outset, we'll begin to see
17 we've been able to attract people, a high 17 new development taking place, if not
18 percentage of that existing space is going 18 sooner.
19 to be occupied within the next several 19 So, it's probably a project
20 years. 20 that's in the next three to five years,
21 We'll try in the responses 21 assuming some reasonable continuation of
22 to your question in the NDIS as to try and 22 the economy. And it could go beyond that
23 update a schedule to give you more 23 if we don't have the financing that's
24 definitive numbers, but I'm sort of 24 needed to build the new buildings.
25 thinking it through with you generically. 25 MR. KITCHEN: My last

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2 question, which I'll repeat to you again. 2 MR. KITCHEN: I appreciate
3 When you first came before 3 that. I'll be keeping my eye on that.
4 us about a year and a half ago, I asked 4 MR. DIVNEY: Thank you.
5 you will you be using local workers in our 5 MR. KITCHEN: Thank you.
6 area to employ them to do this 6 MR. QUIGLEY: Okay. Thank
7 construction or will you be going outside 7 you, Mr. Divney.
8 the area? 8 At this point prior to
9 MR. DIVNEY: At the present 9 opening the floor for public comment, I
10 time -- and I'm not that familiar with the 10 would like to read into the record a
11 specifics, but a great deal of work being 11 written letter that the Supervisor's
12 done is being done by local contractors. 12 Office received from IBM Corporation,
13 MR. KITCHEN: All right. 13 dated January 28th, 2011.
14 It's good to hear that. Thank you. 14 Reference: TechCity Draft
15 MR. DIVNEY: And they are 15 GEIS Proposal.
16 the best contractors. They get to work on 16 Dear Mr. Quigley:
17 time. They are here. They have an 17 International Business Machines
18 interest in it. They pass the word. They 18 Corporation understands that TechCity
19 bring customers. It's really the way to 19 Properties, Inc. is requesting approval of
20 do it. 20 a proposed amendment to the Town of Ulster
21 MR. KITCHEN: They live 21 Town Zoning Code to establish a
22 locally. It's a smart move. 22 redevelopment overlay district to
23 MR. DIVNEY: And this is 23 facilitate that the redevelopment of
24 their town, and every effort will be made 24 TechCity's East Campus, located at 300
25 to be aggressive and have -- 25 Enterprise Drive in Kingston, New York.
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2 TechCity submitted a Draft 2 system infrastructure which is currently
3 Generic Environmental Impact Statement, 3 in place. Such infrastructure includes
4 TechCity East Campus, Town of Ulster, 4 groundwater collection trenches,
5 Ulster County, New York, to the Town of 5 stormwater sewer lines, monitoring wells,
6 Ulster Town Board dated November 3, 2010. 6 a treatment building and other related
7 A comprehensive design plan prepared by 7 infrastructure.
8 TechCity was included as part of the Draft 8 It is this collection and
9 GEIS. The Draft GEIS and CDP are now open 9 treatment system which allows for the
10 for public comment and, as such, IBM 10 continued compliance with the permit. As
11 offers the following comments: 11 per the requirements of the permit, the
12 TechCity and IBM are 12 groundwater treatment system must remain
13 co-permittees for the properties existing 13 intact in its current operating condition
14 in New York State Department of 14 unless a change to that system is agreed
15 Environmental Conservation, 6 NYCRR, Part 15 upon by IBM and TechCity and approved by
16 373 RCRA permit. 16 New York State DEC.
17 As required by the permit, 17 Two: The existing
18 IBM operates, maintains and monitors the 18 groundwater collection and treatment
19 groundwater collection and treatment 19 system utilizes natural groundwater flow
20 system as a corrective measure to 20 patterns coupled with existing subsurface
21 remediate the impacted groundwater beneath 21 infrastructures for plume control and
22 portions of the East Campus. 22 groundwater collection. IBM notes several
23 Neither the GEIS nor the CDP 23 references within the GEIS related to the
24 account for the existing groundwater 24 potential future use of previous paving
25 monitoring, collection and treatment 25 materials and infiltration in gardens and

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2 trenches to reduce off-site stormwater 2 conduct this work as these areas become
3 discharge. 3 accessible through TechCity's various
4 While TechCity also states 4 demolition projects supporting
5 such materials will not be used in areas 5 redevelopment.
6 which are subject to the plume or could 6 The following statement
7 influence its condition, it is important 7 regarding IBM's future
8 to note that groundwater flow patterns 8 investigations/remediation is presented in
9 outside the plume can also affect those 9 a Draft GEIS.
10 inside the plume. 10 Quote, "Once IBM's source
11 As such, IBM should be made 11 investigations are complete, pilot studies
12 aware of any stormwater infiltration 12 will be completed to confirm which
13 designs. Any such designs should be 13 techniques are most effective for full
14 thoroughly assessed from concept to 14 scale implementation to complete
15 installation to ensure the continued 15 groundwater cleanup in an accelerated time
16 efficiency of the remedial system in place 16 frame," unquote.
17 and may be subject to the approval of the 17 It is important to note that
18 New York State DEC. 18 while IBM is committed to the ongoing
19 Three: In accordance with 19 investigation and remediation of the
20 the New York State DEC approved work 20 property as outlined in our existing
21 plants, IBM is implementing several 21 permit, it is premature to presume pilot
22 investigations to further assess soil and 22 studies will be conducted to assess
23 groundwater quality conditions beneath the 23 alternate full-scale remedial
24 portions of buildings which were 24 technologies.
25 previously deemed inaccessible. IBM will 25 The implementation of any
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2 pilot study is subject to the results of 2 property. Should you have any questions,
3 the investigations. Once an investigation 3 please do not hesitate to contact me.
4 is complete and the horizontal and 4 Sincerely, Michael Kominek,
5 vertical containment mass distribution is 5 IBM corporate environmental affairs.
6 fully defined and understood, a 6 This later has been read
7 preliminary screening of available 7 into the record and is available for
8 remedial technologies will then be 8 public review.
9 conducted. A decision to implement a 9 At this point, I would like
10 pilot study to assess a particular 10 to open the floor to public comment.
11 remedial technology will be made at that 11 I would ask that you come to
12 time. 12 the podium. Please state your name
13 Furthermore, to definitively 13 clearly, spell it; and in addition, cite
14 say groundwater cleanup can and will be 14 your address.
15 conducted in an accelerated time frame is 15 And please keep your
16 premature for the same reasons noted 16 comments short. Please refrain from
17 above. 17 asking long questions. I would like to
18 It is important to note that 18 give everyone an opportunity to speak.
19 all investigatory and remedial comments 19 I see Mr. Barton is anxious
20 presented in the GEIS are the opinion of 20 to be the first one.
21 TechCity and should not be interpreted as 21 MR. BARTON: The name is
22 that of IBM. 22 Robert Barton, 270 Riseley Street, Town of
23 IBM looks forward to the 23 Ulster.
24 ongoing cooperation with TechCity 24 I have great concerns about
25 regarding the redevelopment plans of the 25 the environmental conditions of the

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2 TechCity site. I have several things that 2 And then after the
3 I would like to see done before anything 3 construction is done and that -- because
4 is done at TechCity because of the things 4 we all know that the construction is --
5 that IBM has said in its letter. 5 it's never guaranteed that nothing won't
6 I think a study should be 6 be disturbed that won't affect the water
7 implemented with points along the 7 flow or anything else or the ground
8 perimeter of the plume taking samples of 8 shifting to move these chemicals in some
9 the soil and then listing the locations, 9 other way so that then we can take new
10 along with the chemicals and other 10 samples after that's done to see if
11 materials that are found, along with the 11 anything has happened -- did things
12 parts per million found there and the 12 migrate someplace else?
13 limits for those being published in a 13 The Esopus creek runs by
14 table form for each site, including 14 here. We also have water aquifers. We
15 interior points, and having this list then 15 get the Town of Ulster water, just a short
16 compiled and looked at and made available 16 distance away from here.
17 to the general public so that everyone 17 So anything that is done
18 gets to know what it is; and then using 18 there will impact greatly upon the Town's
19 that data to look at a plan for cleaning 19 capability of supplying good clean, fresh
20 up all the pollution for that site before 20 water.
21 anything else is done, and so that we can 21 I couldn't urge more
22 use this information so that after it's 22 strongly -- because if we don't have clean
23 done, we can then re-evaluate and look at 23 water and a clean environment -- and this
24 the different sites we're making and take 24 will lead to proper and good health -- we
25 new samples. 25 don't have anything. The only thing that
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2 we can't do is buy good health. 2 Agency.
3 So, I urge the Town Board to 3 I have a few brief comments
4 look at this and have this implemented 4 of a general nature. I'll leave to others
5 before anything else is constructed on the 5 the more technical aspects.
6 site. 6 But I want to just state
7 Thank you. 7 that on behalf of UCDC, our strong support
8 MR. QUIGLEY: Thank you, 8 for this Generic Environmental Impact
9 Mr. Barton. 9 Statement and our commendation of the Town
10 Mr. Barton, do you have your 10 for its statesmanlike process working with
11 comments in writing? 11 TechCity.
12 MR. BARTON: No, I don't. 12 And TechCity deserves credit
13 I just made them orally. 13 for its hard work and that of its
14 MR. QUIGLEY: Thank you 14 consultant. The Ulster County Planning
15 very much. 15 Department has certainly engaged in the
16 Mr. Matteson? 16 process very helpfully, as well.
17 MR. MATTESON: My name is 17 The mission of UCDC, as is
18 Lance Matteson, M-A-T-T-E-S-O-N. I live 18 well known, is economic development,
19 at 321 Main Street in Kingston, but I work 19 growth, retention and growth of jobs, of
20 at Five Development Court in the Town of 20 quality jobs in particular, business
21 Ulster at the offices of the Ulster County 21 investment and growth of tax base.
22 Development Corporation, of which I am 22 The GEIS, in our opinion,
23 president. 23 supports those goals.
24 I'm also the CEO of the 24 In order to have those goals
25 Ulster County Industrial Development 25 fulfilled, we need places to put economic

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2 development; appropriate places with the 2 Ulster County, I would guess. But this is
3 proper infrastructure, proper location and 3 a clear statement of a vision that is
4 proper zoning. 4 thoughtfully worked out. It's compelling.
5 TechCity is the premier site 5 It is not, however, a straightjacket. It
6 for economic development in Ulster County, 6 is neither a blank check nor a
7 in my opinion. 7 straightjacket. It has flexibility but
8 The GEIS, while it's not a 8 some defined concepts of how this could be
9 panacea, it is a huge step forward and an 9 developed.
10 impetus, a kick, if you will, to the 10 So, you have a clear vision;
11 repositioning and redevelopment of 11 you have the flexibility that you need to
12 TechCity. 12 adapt to opportunities as they come up,
13 The interest in TechCity 13 and that's also critical.
14 that was alluded to earlier by the 14 And then you have a frame
15 consultant is real. The most recent 15 work which should, as GEIS's are usually
16 prospect that UCDC hosted at TechCity to 16 implemented, expedite the permit process
17 my knowledge was today, this afternoon. 17 as individual tenants come in. That
18 There is interest and there is potential. 18 should be easier on the Town and TechCity,
19 But what the GEIS would 19 as well as the tenants.
20 do -- it's just a couple of things, from 20 And I'm telling you we live,
21 where I sit -- for economic development 21 folks, in a very competitive world. The
22 is, one, it sets forth a clear vision for 22 world I live in, the world of economic
23 the property. 23 development, is fiercely competitive. And
24 Everybody has an opinion 24 I'm not talking about competition with
25 about TechCity in this community and in 25 just Greene County and other counties
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2 around us. I'm talking about competition 2 Corporation's point of view, I will stay
3 with Singapore, China, Korea, Germany and 3 as long as I can and address those, if
4 so forth. 4 anybody has one.
5 And we have to step up, and 5 But I'll give others a
6 I think now is the time to do that. I 6 chance to comment in the meantime.
7 think as we begin hopefully to come out of 7 Thank you very much.
8 this recessionary period, lining up -- 8 MR. QUIGLEY: Thank you,
9 getting our ducks in a row to prepare for 9 Mr. Matteson.
10 growth is exactly the right thing to do. 10 Who's next? March
11 And while this is not a 11 Gallagher?
12 panacea, it's not a guarantee, it is 12 MS. GALLAGHER: Good
13 setting that up. There will be a lot of 13 evening, Supervisor and Members of the
14 more hard work. There will be a lot of 14 Board.
15 investment that's needed, probably public 15 My name is March, like the
16 and private, but I think this is exactly 16 month, Gallagher, and I am a deputy
17 in the right direction. 17 director of planning for economic
18 And I think the Town has 18 development for Ulster County.
19 taken a very thoughtful and deliberate 19 Thank you for the
20 approach to this, and I commend the Town. 20 opportunity to speak tonight on something
21 I commend TechCity, and I also think the 21 we've been working on for a very long
22 Planning Department of the Town is 22 time.
23 deserving of commendation. 23 I want to take the
24 And if there are any 24 opportunity to echo Lance Matteson's
25 questions from the Development 25 comments and thank the Town, the Town

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2 Board, the Supervisor and the applicant, 2 Generic Environmental Impact Statement and
3 for involving Ulster County in an early 3 the proposed rezoning for TechCity
4 way and responding to our concerns 4 property.
5 regarding traffic, site layout and 5 The GEIS will enable the
6 internal infrastructure. 6 applicant to develop additional space
7 The Ulster County Planning 7 which will provide new tax ratables and
8 Department has been at the table with the 8 new commercial real estate inventory that
9 Town and the developer from the beginning 9 is state of the art.
10 of this process throughout the preparation 10 In addition, by providing
11 of the GEIS. 11 360 degree access and proximate parking on
12 The concept plan proposed 12 a live-work campus, the GEIS will ensure
13 represents direction for what we would 13 the current existing value of occupied
14 call quality context economic development, 14 structures.
15 and that is walkable live-work space, such 15 The redevelopment of
16 as Mr. Divney described earlier. 16 TechCity, according to the concept plan
17 It has been necessary over 17 and the GEIS proposed, meets the
18 time for this facility and this complex to 18 objectives of the Ulster County Open Space
19 reinvent itself from typewriter 19 Plan which calls for infill and
20 manufacturing to mainframe testing to 20 redevelopment, rather than development of
21 green manufacturing. We've had a change 21 existing greenfields.
22 over time to make the most out of this 22 The proposed plan also meets
23 complex. 23 the objectives of Ulster Tomorrow, the
24 The Planning Department 24 County-wide economic development strategy.
25 staff supports the concept plan in the 25 Both the Open Space Plan and Ulster
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2 Tomorrow, the economic development 2 want to again thank the partners for
3 strategy, are portions of the County's 3 coming all this way.
4 comprehensive plan. 4 Thank you.
5 So you can see that the 5 MR. QUIGLEY: Thank you,
6 adoption of this concept plan and Generic 6 Ms. Gallagher.
7 Environmental Impact Statement for this 7 Anybody else? Mr. Halwick.
8 very important property meets objectives 8 MR. HALWICK: My name is
9 of the County's comprehensive plan. 9 Corey Halwick, C-O-R-E-Y, Halwick,
10 I want you to know that 10 H-A-L-W-I-C-K.
11 Ulster County has placed TechCity as its 11 I live in the Town of
12 top priority for every economic 12 Ulster, 120 Lakesville Road, but I'm here
13 development asked since the County 13 tonight as the waste water sewer
14 Executive, Michael Hein, took office. 14 superintendent for the Town of Ulster.
15 That includes the comprehensive economic 15 Mr. Quigley and Members of
16 development strategy, known as CEDS, at 16 the Board, as you're aware, a permit to
17 the federal level, state grants, earmarks 17 discharge sanitary sewer to the Town of
18 and every opportunity, and we will 18 Ulster sewer collection system is issued
19 continue to do so because we believe this 19 to the TechCity property.
20 is the primary site for economic 20 That permit expired
21 development opportunity in Ulster County. 21 February 8, 2008. We've been in the
22 I want to reiterate Ulster 22 process of negotiating on issuing a new
23 County's support for the concept plan and 23 permit, and it is my recommendation and my
24 the Generic Environmental Impact Statement 24 opinion that this permit be in place prior
25 and the rezoning of this property, and I 25 to the approval of this DGEIS -- or the

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2 GEIS. 2 MR. FRATTO: My name is Sam
3 I do have some concerns on 3 Fratto. I'm with the International
4 flow capacity; our obligation to the 4 Brotherhood of Electrical Workers, Local
5 TechCity property. Their present use and 5 363. Our local covers the whole Hudson
6 their need of use is a large span. And 6 Valley and Ulster County and also the Town
7 this permit, if we agree to it, will 7 of Ulster.
8 commit us to a gallonage that they are not 8 Speaking on behalf of the
9 presently using but they are foreseeable 9 construction trades, we think this is a
10 to use in the future based on that great 10 good project. I didn't read the draft
11 plan, which I want to indicate to the 11 environmental study. I'm sure you guys
12 Board and to the general public that I 12 are all going to take care of that, and
13 think it is a very good plan. 13 they will have to do what they're supposed
14 But my concerns as a sewer 14 to do in order to get this project going
15 superintendent -- this permit, I believe, 15 the way they want.
16 is imperative. It needs to be completed, 16 My concern is the economic
17 and I would ask that the Town Board do 17 part, which I've heard a couple of
18 whatever in its power to get the things 18 speakers come up and say that -- which,
19 moving that need to be moved to get this 19 rightfully so, that site is the jewel of
20 completed. 20 Ulster County. It's very important. It's
21 That is my comments. 21 an economic engine. It's going to create
22 MR. QUIGLEY: Thank you, 22 all this opportunity.
23 Mr. Halwick. 23 That's the part I want to
24 I had a gentleman in the 24 just take a minute to address, because so
25 back that moved, please. 25 far, that really hasn't been true.
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2 And you read -- I keep up on 2 people that you represent -- and I
3 what's going on here. I read the paper. 3 represent the same people you do, and I
4 There's millions of dollars getting put 4 can tell you that I know plenty of people
5 into that site. There's a lot of people 5 in Ulster County that are losing their
6 pushing for that site, which they should, 6 homes because of the way the economy is.
7 but the one sentence that never gets 7 That's not these guys'
8 finished is what kind of jobs are we 8 fault, and I'm not saying they're
9 talking about, and are they local jobs? 9 responsible for it. But there's an
10 And you saw it, Mr. Kitchen. 10 opportunity for people to help, all right.
11 You asked the question. You did not get 11 Mr. Matteson got up; he does
12 an answer. Like, of course we're going to 12 a good job. He tries to promote economic
13 hire local. We're here, we're part of the 13 development. But like I said, it's always
14 community. We're going to make sure we 14 me that has to come up and finish the
15 hire local. 15 sentence. It's great to say we're going
16 And hire local could just 16 to do this. We're going to have 600,000
17 mean three -- you know, call them what you 17 square feet. We're going to do this,
18 want -- three guys and a donkey on the 18 we're going to do that. We're going to
19 corner that could happen, you know, to 19 build over fifteen years or ten years or
20 live in a car around the corner. That's 20 five years. We're going to create all
21 local, too. 21 these jobs.
22 That's not the kind of local 22 Do any of them have a health
23 that I think that you, as a Board, should 23 plan? Do any of them have a retirement?
24 be concerned with. I know you don't have 24 Do you guys have retirements? I'm sure
25 much control about it. But still, the 25 you do. I have one. People should be

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2 able to have something and not just 2 County. Somebody needs to do it.
3 nothing. 3 I'm going to be at least one
4 And that's really what's 4 of the people that's going to stand up and
5 going on, because nobody takes up that 5 ask those questions and demand an answer,
6 cause. Nobody takes up the cause of the 6 because there's a lot of money switching
7 person who's sitting at home right now 7 hands here, and there's a lot of money
8 with no job or needs to work for a living, 8 that comes out of my guys and people's tax
9 because they're a middle-class person -- 9 money that supports these projects.
10 struggling to be in the middle class. 10 And I'm all for it. Give
11 I need to speak with these 11 them $50 million. Just build with local
12 guys and whoever the person is to speak 12 people and don't undermine the standards
13 with and fix what's going on here, all 13 that the local people have here.
14 right. Like I said, you know, you're 14 This project could be a
15 talking about the businesses that -- 15 detriment to Ulster County. If every
16 whatever. Everybody read the letter in 16 construction -- talk about construction.
17 the paper about the lady that got laid off 17 If you take the electrician and the
18 from Precision Flow and how it was cruel. 18 plumber and the carpenter and make that a
19 That's what's going on out 19 $9-an-hour job with no health plan and no
20 there. 20 retirement, that's a detriment to the
21 So, I'm very interested in 21 area.
22 TechCity. I'm going to be involved in 22 The construction trades in
23 this TechCity. One way or another, I'm 23 the area are probably the biggest employer
24 going to be involved because I'm going to 24 you have. If you look at it as a whole,
25 stand up for the working people in Ulster 25 the construction industry is a huge
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2 employer in the County. Somebody needs to 2 It's not good. And people are getting
3 recognize that. I'm not saying it's for 3 desperate. That's why I said I'm going to
4 you guys to mandate tonight. 4 be a part of this and every project around
5 All I'm saying is I needed 5 here, because people are getting
6 to come here publicly and say this. I 6 desperate. They're losing their houses.
7 hope somebody is here from the paper and 7 They're running out of Unemployment.
8 puts it in there that the local people 8 And people are still not
9 need good jobs. We never hear that end. 9 answering the question. Are you going to
10 All I read is the millions that are 10 build local or come in here and say,
11 getting pumped in there and they're going 11 listen, give us what you can. Let him
12 to create 300 jobs, and they're going to 12 give us a million. Let this guy give us a
13 create a hundred jobs, and they're going 13 million. We'll hire your people. We're
14 to create 500 jobs; and then six months 14 not going to undermine you. So, let's
15 later, they're laying off or they're going 15 all work together.
16 out of business. That happens. I'm not 16 If somebody is worried the
17 saying that's anybody's fault. 17 construction trade in the area is going to
18 What I'm saying is in the 18 be too expensive, then they need to talk
19 beginning of the process, somebody needs 19 to us and we'll fix that.
20 to understand this means employment. This 20 But one way or another, this
21 means employment for the people here. 21 cannot be that people are coming from all
22 Don't ignore that. 22 over to come in here and do this job while
23 To build that site and not 23 your people are sitting home; or, they're
24 have your people in your area build it is 24 going to come undermine the people here,
25 not good. That's all I'm going to say. 25 because everybody will start losing worse

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2 than their houses, all right. 2 These are things that we cannot be
3 So, that's my peace. I'm 3 concerned with at this point.
4 going to give these guys my card and hope 4 The SEQR process is
5 somebody gives me a call, because I'm 5 basically for the quality of life in the
6 somebody they need to talk to. 6 Town of Ulster, and we have to look at the
7 MR. QUIGLEY: Thank you, 7 Town of Ulster because it's our town.
8 Mr. Fratto. 8 First off, this draft
9 Anybody else out here for 9 environmental statement is full of a lot
10 public comment? Mr. Quido? 10 of holes. This has got to be refined
11 MR. QUIDO: Vince Quido, 11 better so questions can be answered about
12 resident of Town of Ulster, 153 Old 12 this project.
13 Flatbush Road. 13 Overall, the project sounds
14 Thank you for the 14 like a really fine idea. But when I hear,
15 opportunity to speak here. 15 you know, Creighton Manning is going to
16 I just want to get a quick 16 fix some lights to fix our traffic --
17 history lesson. We had an industrial park 17 well, Creighton Manning has been fixing
18 in the City of Kingston down on Delaware 18 our traffic here in the Town of Ulster for
19 Avenue that went nowhere. We had a 19 12 years. Traffic isn't any better. You
20 proposed newspaper recycling plant that 20 don't save traffic by twixing a light.
21 was going to be the savior of everything. 21 We hear that this -- we're
22 It didn't get built. 22 having housing for the employees. We got
23 I've only heard good things 23 proposed 4,000 employees with 75 houses?
24 from people outside the Town right now -- 24 There's a smokescreen here.
25 economic development, the union gentleman. 25 Why is -- we're going to
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2 take and put parking underneath these 2 there -- unanswered questions about all
3 buildings and then put our manufacturing, 3 the parcels that they are creating. Will
4 whatever, upstairs? That's a detriment. 4 they have all new ownership, you know?
5 That doesn't work very well. 5 Will we be dealing with 12 different
6 There's a reason why that 6 people on these 12 different sections,
7 parking is taking place, because we cannot 7 blocks and lots? That's another
8 disturb the soil where it's proposed 8 unanswered question.
9 because it gets into the environmental 9 We cannot take the potential
10 stuff. 10 off the table. And I'm not an economics
11 We hear the buzz words 11 developer per se, but let's say we get a
12 shovel ready. TechCity is shovel ready. 12 large scale developer here of some sort
13 We don't need any zoning changes. We 13 that needs a large manufacturing space.
14 don't need to change things for the Town 14 We change our zoning and we take and have
15 of Ulster to accommodate a few houses, and 15 residential in the middle of a
16 unanswered housing. We can move forward 16 manufacturing spot.
17 because it is shovel ready. I mean, knock 17 I don't see this being
18 the buildings down and build something 18 advantageous to the business people,
19 real close. 19 because the first thing that's going to
20 We cannot sacrifice our 20 happen is there's going to be a complaint
21 zoning here and make the zoning change on 21 about too much noise and that kind of
22 the premise of something to come. It 22 stuff.
23 doesn't work. 23 So before we make any
24 The biggest point is we have 24 decisions, we should spend a little bit
25 dissected this thing into many lots over 25 more time on this Generic Impact

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2 Statement, get it right, get more of the 2 MR. QUIGLEY: Mr. Quido,
3 questions answered, which I'll submit in 3 are you prepared to submit your comments
4 writing after this thing. 4 in writing tonight or within the comment
5 But get these questions 5 period?
6 answered before this Town Board makes a 6 MR. QUIDO: Within the
7 movement on this thing. 7 comment period. Thank you.
8 And we should keep the 8 MR. QUIGLEY: Thank you.
9 public hearing going so we can get more 9 Is there anyone else here --
10 comment because this project has been 10 be careful how fast you move, Mr. Kimball.
11 changing a lot. There is still a lot of 11 I may call on you.
12 unanswered questions over here. 12 No other comments?
13 So, basically the public 13 (No response.)
14 doesn't get a chance really to understand 14 Ladies and gentlemen of the
15 the project in its entirety and then move 15 Board, given the magnitude of this project
16 forward with it. 16 and its effect on the Town of Ulster, I
17 I thank the people for doing 17 would ask that we adjourn this public
18 a good job. It's a great first step, but 18 hearing to February 17th at 7:45 to
19 let's remember the Town of Ulster comes 19 further consider the conversation and the
20 first. 20 discussion of the points and allow those
21 Thank you so much. 21 in the community to express their
22 MR. QUIGLEY: Thank you, 22 opinions.
23 Mr. Quido. 23 MS. HENDRICK: I'll make
24 MR. KITCHEN: Are his 24 that motion.
25 comments in writing? 25 MR. MORROW: I'll second.
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2 MR. QUIGLEY: All those in
3 favor?
4 MR. KITCHEN: Aye.
5 MS. HENDRICK: Aye.
6 MR. BRINK: Aye.
7 MR. QUIGLEY: This public
8 hearing is hereby adjourned to
9 February 17th at 7:45.
10 I want to remind everyone
11 and encourage everyone that written
12 comment will be accepted at the Town
13 Clerk's Office, for the record.
14
15 (Hearing concluded at 8:19
16 p.m.)
17
18
19
20
21
22
23
24
25

17 (Pages 62 to 64)
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1 P r o c e e d i n g s

2 C E R T I F I C A T E

3 I do hereby certify that before the taking of

4 his/her deposition, the said Witness was by me first

5 duly sworn to testify the truth, the whole truth, and

6 nothing but the truth and that the above deposition was

7 recorded in stenotype by me and reduced to typewriting

8 by me.

9 I further certify that I am not a relative or

10 employee or attorney or counsel of any of the parties or

11 a relative or employee of such attorney or counsel or

12 financially interested directly or indirectly in this

13 action.

14

15

16

17

18 ________________________________

19 Marlena Laibach, Court Reporter

20

21

22

23

24

25
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adjourned 64:8 application 3:9,15 36:7 37:7 38:16 Boices 9:12,25 29:1 30:1 31:1
admittedly 27:17 6:6 Avenue 58:19 11:15,18 17:6,14 32:1 33:1 34:1
adoption 48:6 apply 5:20 average 22:3 17:25 18:2 23:17 35:1 36:1 37:1
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STATE OF NEW YORK
TOWN OF ULSTER
------------------------------------
In re:

TechCITY EAST CAMPUS

TOWN OF ULSTER

ULSTER COUNTY, NY

------------------------------------

THURSDAY, FEBRUARY 17, 2011

7:15 P.M.

TOWN OF ULSTER TOWN HALL

LAKE KATRINE, NEW YORK

B E F O R E:

HON. JAMES E. QUIGLEY, 3RD, SUPERVISOR

REPORTED BY: MARLENA LAIBACH


Page 2 Page 4
1 Proceedings 1 Proceedings
2 MR. QUIGLEY: I'd like to 2 this public hearing until all that
3 call to order the 7:45 p.m. public hearing 3 information is in, and then reconvene this
4 on the TechCity Draft Generic 4 public hearing so that we can all see what
5 Environmental Impact Study. This opens 5 the pollutants are, what has been done,
6 public comment and continues public 6 and what should be done for the future of
7 comment that is a carry over from the 7 the town and the well-being of the town
8 prior town board meeting. 8 residents so we don't get any pollutants
9 Please come forward to the 9 that we don't know about in our water.
10 podium, state your name, your address for 10 Thank you.
11 the record, and please try to keep your 11 MR. QUIGLEY: Thank you,
12 comments brief. 12 Mr. Barton. Any other members of the
13 Mr. Barton, you indicated 13 public that would like to make a comment?
14 earlier you had some comments? 14 MR. MILLER: Ron Miller,
15 MR. BARTON: Yes. I looked 15 156 Ulster Landing Road, Kingston, New
16 at this what's called an Environmental 16 York. And I want to bring to the
17 Study Draft of the TechCity site and found 17 attention of the board and the developer a
18 it very lagging in what is currently a 18 map that the town has, which is called an
19 polluted site that they don't talk about 19 aquifer map, which shows the relation of
20 what the pollutants, the contamination, 20 the aquifer to that plume at IBM. So I
21 what action has been taken to remediate 21 would like that to be addressed in the
22 and remove any of the contaminants. 22 seek for review.
23 As I understand it now, IBM 23 And my concern is based on
24 is charged with taking care of that. But 24 the fact that changing the lay out of
25 because the town decided to be lead agent 25 improvements on this parcel is likely to
Page 3 Page 5
1 Proceedings 1 Proceedings
2 in this thing, the town needs to look at 2 affect the storm water and hence ground
3 everything that's there, what was done, 3 water flows, which will ultimately affect
4 what the state EPA has required, IBM and 4 the movement of the contamination plume.
5 whoever else is involved in it, what needs 5 And I'm concerned about
6 to be done, so that site can be cleaned up 6 who's going to be responsible if the town
7 completely. 7 wells are affected by the plume which
8 By the way, my name is 8 would require additional treatment of the
9 Robert Barton, 270 Riseley Street, Town of 9 town water, such as: multi-million dollar
10 Ulster. 10 granulated, activated carbon, or
11 So that everything can be 11 micro-filtration plants, and could also
12 addressed, looked at before anything is 12 mean properly abandoning the current wells
13 disturbed. And the town has to take the 13 and looking for new sources, which would
14 prudent action of looking at this, seeing 14 involve purchasing property, attaining
15 where the action has been taken to contain 15 right-of-ways, drilling, developing the
16 the pollutants, and having a map showing 16 wells, testing, and the cost of another
17 where they are located in that before 17 water treatment plant.
18 anything can be done. 18 I'm also concerned about the
19 I found that the 19 rezoning of the property. I feel the town
20 Environmental Draft Study lacked all this 20 has plenty of retail property currently on
21 information which should be in there 21 the maps, and I would like to see our
22 because it says "environment." And to me, 22 office manufacturing remain cohesive the
23 that's a big environment with the 23 way it is.
24 pollution that's there, and the town 24 Thank you.
25 should not consider this and hold over 25 MR. QUIGLEY: Thank you,

2 (Pages 2 to 5)
Page 6
1 Proceedings
2 Mr. Miller. Do we have any comments
3 additionally from the public? Seeing
4 none, I'll ask for a motion to close this
5 public hearing?
6 MS. HENDRICK: I'll make
7 that motion.
8 MR. QUIGLEY: Do I have a
9 second?
10 MR. MORROW: Second.
11 MR. QUIGLEY: Any
12 discussion? All those in favor?
13 MR. MORROW: Aye.
14 MS. HENDRICK: Aye.
15 MR. BRINK: Aye.
16 MR. KITCHEN: Aye.
17 MR. COSENZA: Aye.
18 MR. QUIGLEY: At this
19 point, the public hearing on The Draft
20 Generic Environmental Impact Statement for
21 TechCity is hereby closed, and we will
22 return to our agenda.
23
24 (Hearing concluded at 7:51 P.M.)
25
Page 7
1 P r o c e e d i n g s
2 C-E-R-T-I-F-I-C-A-T-E
3
4 I, MARLENA LAIBACH, a Court Reporter and
5 Notary Public in and for the State of New York, do
6 hereby certify that I recorded stenographically the
7 proceedings herein at the time and place noted in the
8 heading hereof, and that the foregoing transcript is
9 true and accurate to the best of my knowledge, skill and
10 ability.
11 IN WITNESS WHEREOF, I have hereunto set my
12 hand.
13
14
15
_____________________________________
16 MARLENA LAIBACH
17
18
19
20
21
22
23
24
25

3 (Pages 6 to 7)
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