Environmental Impact Statement

The findings Statement for the Rapp Road Residential/Western Avenue Mixed Use Redevelopment Projects is now complete and available for review.

At their August 26, 2020, Planning Board meeting the Board adopted the Findings Statement, which is a culmination of over a year-long process assessing and analyzing environmental concerns and proposing measures to mitigate those concerns to the maximum extent practicable. Adopting the Findings Statement completes the State Environmental Quality Review Environmental Impact Statement process. Click the link below to review the Findings Statement.

View the Findings Statement - Rapp Road Residential-Western Avenue Mixed Use Redevelopment Projects (PDF).

At its July 29, 2020 Planning Board meeting the Board accepted as complete the Final Environmental Impact Statement. On July 31, 2020, a Notice of Completion was filed with the NYSDEC Environmental Notice Bulletin (ENB).

From the date the FEIS is filed with the ENB, a findings statement can be finalized no sooner than 10 days following the filing of the Notice of Completion of the FEIS. The lead agency's findings must be made within 30 days from the filing date with the ENB.

SEQR requires that the lead agency and all other involved agencies must wait for at least ten days after the filing of the final EIS before making their findings and final decisions on the action. This period is not a comment period but instead allows time for the involved agencies and any interested parties to consider the final EIS. While concerned parties, or other agencies, may comment in writing to the lead agency on the final EIS, the lead agency has no obligation to respond to comments on a final EIS.

The Planning Board will allow until 4:30 pm on August 14, 2020, as the review period for the FEIS. A Planning Board meeting will be scheduled for August 26, 2020, for the Board to issue its findings statement.

• Final Environmental Impact Statement (PDF)
• Final Environmental Impact Statement Appendices
• Final Environmental Impact Statement Acceptance Resolution (PDF)
• NYS Office of Parks Recreation and Historic Preservation Letter - August 12, 2020 (PDF)
• City of Albany FEIS Letter - August 14, 2020 (PDF)
• Rapp Road Historical Association Letter - August 11, 2020 (PDF)

All comments should be emailed to Kenneth Kovalchik, AICP, Town Planner, or mailed to the Town of Guilderland's Planning Department, 5209 Western Turnpike, Guilderland, NY 12084.

A hard copy of the FEIS is available for public review during normal business hours in the Planning Department at the Guilderland Town Hall.

For those that may be hearing impaired, the Town is providing a transcript of the May 13, 2020, DEIS public hearing. 

• Download a copy of the May 13, 2020 DEIS Public Hearing Transcript (PDF).
• Draft Environmental Impact Statement Public Hearing Date Scheduled for May 13, 2020 at 6 pm (PDF)

Public Comment Period ended May 26, 2020:

• SEQR Agency Comments
• Non-SEQR Agency Comments
• Reports Submitted by the Public
• Letters in Opposition to Project
• Letters in Support of the Project
• Letters Neutral for the Project

In accordance with Article 8 of Environmental Conservation Law the Draft Environmental Impact Statement was accepted as complete by the Planning Board at their February 12, 2020 meeting. The public comment period officially commenced on February 20, 2020.

The proposed action, generally, consists of the following: Site 1 - Development of 222 one- and two-bedroom apartments and 3,900 square feet of commercial space on a ±19 acre site; Site 2 - Development of ±160,000 square feet Costco retail use with associated fueling facility located on ±16 acres and Site 3 - Conceptual development of ±115,000 SF of retail, 50,000 SF of office space, and 48 apartments on 11.34 acres. The proposed action is located generally at Rapp Road, Crossgates Mall Road, and Western Avenue in the Town of Guilderland.

A hard copy of the DEIS is available for public review during normal business hours at the Planning Department in the Guilderland Town Hall.

All comments should be emailed to Kenneth Kovalchik, AICP, Town Planner, or submitted by mail to the Town of Guilderland's Planning Department, 5209 Western Turnpike, Guilderland, NY 12084.

• Planning Board Resolution Accepting the DEIS as Complete (PDF)
• DEIS Notice of Completion (PDF)
• Rapp Road Development, LLC Letter to Planning Board on DEIS (PDF)
• Draft Environmental Impact Statement (PDF)
• Draft Environmental Impact Statement - Figures (PDF)
• Rapp Road Apartments-Townhomes Site Plan (PDF)
• Costco Site Plans (PDF)
• Traffic Study (PDF)
• Traffic Study Conceptual Improvements (PDF)
• VHB Consulting - Analysis of Rapp Road-Crossgates Mall Road Intersection (PDF)
• Stormwater Management Plan Site 1 - Apartments/Townhomes (PDF)
• Stormwater Management Plan Site 2 - Costco (PDF)
• Site 3 Watershed Delineation Map - Pre-development (PDF)
• Site 3 Watershed Delineation Map - Post-development (PDF)
• Site 3 Hydrocad Model Pre-development (PDF)
• Site 3 Hydrocad Model Post-development (PDF)
• Appendix A (PDF)
• Appendix B - Final Scope (PDF)
• Appendix B - SEQR FEAF (PDF)
• Appendix C (PDF)
• Appendix D (PDF)
• Appendix E (PDF)
• Appendix F (PDF)
• Appendix G (PDF)
• Appendix H (PDF)
• Appendix I (PDF)
• Appendix J (PDF)
• Appendix K (PDF)
• Appendix L (PDF)
• Appendix M (PDF)
• Appendix N (PDF)
• Appendix O (PDF)
• Appendix P (PDF)
• Appendix Q (PDF)
• Appendix R (PDF)
• Freshwater Wetland Delineation Report - September 2019 - B Laing Associates (PDF)
• Aquatic Resources Delineation - Chazen Companies (PDF)

The applicant submitted the Draft Environmental Impact Statement to the Planning Board on December 24, 2019. The Planning Board had a minimum of 45 calendar days to review the DEIS for completeness/adequacy to determine whether all elements of the scope have been incorporated into the DEIS. The Planning Board accepted the DEIS as a complete document at the February 12, 2020 Board meeting.

On Tuesday, November 26, 2019, Town Planner Kenneth Kovalchik, AICP gave a presentation at the Guilderland Public Library focusing on the SEQR Environmental Impact Statement review process, with a focus on the Rapp Road Residential/Western Avenue Mixed Use redevelopment EIS currently being reviewed by the Town. To view the presentation click the link below:

View the Town Planner SEQR EIS Presentation at Guilderland Public Library on YouTube.

EIS Site Location Map - Generally located at the intersections of Western Avenue, Crossgates Mall Ring Road, and Rapp Road.

The applicant is proposing to construct the following development projects within the study area for the Environmental Impact Statement:

Site 1

Seeking approval for a total of 222 apartment and townhome units and 3,900 square feet of commercial space on 19.68 +/- acres in the Transit Oriented Development (TOD) District. The proposed mixed-use development includes two five-story buildings and three two-story buildings with 84 covered and 278 surface parking spaces. The parcel was previously used for decades as a pig farm and is now vacant land. Due to specific restrictions in the TOD District for property west of Rapp Road, only multi-family dwellings, which may include certain ground-floor commercial uses, are allowed on this site.

Site 1 also identifies an area for potential future development on the northern portion of the site. There is no development currently proposed for this area. The DEIS has included a potential development scenario of 90 apartment units for this area strictly for purposes of analysis of all potential cumulative impacts.

Site 2

Located on 16 +/- acres within the TOD District at the intersection of Crossgates Mall Road and Western Avenue. Site 2 was previously developed as a small single-family residential subdivision and is now occupied by generally vacant structures. The redevelopment will require the removal of 13 vacant structures and all associated infrastructure. There is one occupied structure within Site 2 by a tenant of the Applicant.

The site is proposed for a development of 160,000 +/- square feet of Costco retail use with an associated fueling facility and 700 surface parking spaces.

Site 3

Located on 11.34 +/- acres within the TOD District between Site 2 and the recently developed hotel on Western Avenue. The site was previously used for decades as a horse farm and more recently for overflow parking for Crossgates Mall. There are no current redevelopment plans for this acreage. The TOD conceptual plan includes 115,000 square feet of retail; 50,000 square feet of office space and 48 apartments.

In accordance with the requirements of the State Environmental Quality Review Act found at 6 NYCRR, Part 617, the Planning Board at its meeting on December 12, 2018, classified the project as a Type I action and to coordinate review of the action pursuant to 6 NYCRR 617.6. The Planning Board also expressed its desire to be the Lead Agency in the review of this proposal and will automatically assume that role unless objection is received from another involved agency.

At its July 10, 2019 meeting, the Planning Board discussed their intent to issue a SEQR positive declaration for the project due to the cumulative impacts of this project and other potential projects that could be proposed within the TOD District. The Board directed the Town Planner to draft a SEQR resolution with a positive declaration that will be reviewed at the August 14, 2019, Planning Board meeting. Once a positive declaration is issued the Town/applicant will begin the Environmental Impact Statement process.

At its August 14, 2019 meeting, the Planning Board issued this Positive Declaration (PDF) for the project due to the cumulative impacts of this project and other potential projects that could be proposed within the TOD District. 

At its August 14, 2019 meeting, the Project Sponsor, pursuant to 6 NYCRR Section 617.8(6), submitted this Draft Scope (PDF) which has also been mailed to all involved and interested agencies. As required by 6 NYCRR Section 617.8, involved and interested agencies and the public may provide written comments on this Draft Scope through the end of business on October 2, 2019. Written comments may be emailed to Town Planner Kenneth Kovalchik or by mail via hand-delivery to the Town of Guilderland Planning Board, Town Hall, P.O. Box 339, 5209 Western Turnpike, Guilderland, NY 12084.

Page 10 of the draft scope mentions appendices to accompany the Draft Environmental Impact Statement (DEIS). The appendices are not required to be included in the scope and will be incorporated as part of the DEIS. At this phase of the EIS process, the Town/Applicant is completing the scoping for information to be included in the DEIS. Information related to Appendix A - F has previously been provided and is posted on the Town's website under "Planning Board - Active Development Projects". Appendix G, H, I, J, and K pertain to the Western Avenue development and will be prepared and included in the DEIS when they are completed.

This Draft Scope will remain available on this website or by contacting the Town Planner.

• Draft EIS Concept Plan (PDF)
• Draft Final Scope - Red Lined (PDF)
• Summary of Scope Public Comments (PDF)
• Summary of Scope Public Comments - Revisions Underlined (PDF)

An EIS is a document that analyzes the full range of potentially significant adverse environmental impacts of a proposed action and how those impacts can be avoided or minimized. An EIS can be labeled as a draft, final, supplemental, or generic. A draft EIS is the version of the EIS that the lead agency makes available for public review and comment. In a final EIS, the lead agency responds to the substantive comments or issues identified during the public review period.

An EIS provides a means for agencies to give early consideration to environmental factors and assists in the balancing of environmental issues with social and economic considerations in planning and decision-making. The EIS must identify and analyze significant adverse environmental impacts; evaluate alternatives to avoid one or more of those impacts; and discuss mitigation measures that could minimize identified impacts. EIS procedures also provide the means for public review and comments about a proposed action.

Scoping is a process that develops a written document (scope) that outlines the topics and analyses of potential environmental impacts of an action that will be addressed in a draft EIS.

The purpose of scoping is to narrow issues and ensure that the draft EIS will be a concise, accurate, and complete document that is adequate for public review. The scoping process is intended to:

• Ensure public participation in the EIS development process;
• Allow open discussion of issues of public concern; and
• Permit the inclusion of relevant, substantive public issues in the final written scope.

60 days. The scoping period starts when the project sponsor files a draft scope with the lead agency. The lead agency then circulates the draft scope, solicits public input, and provides a final written scope of issues to the applicant and all involved agencies within 60 calendar days of the filing of the draft scope.

The draft EIS is the primary source of environmental information to help involved agencies consider environmental concerns in making decisions about a proposed action. The draft also provides a basis for public review of, and comment on, an action's potential environmental effects as identified in the final scope. The draft EIS accomplishes those goals by examining the nature and extent of identified potential environmental impacts of an action, as well as steps that could be taken to avoid or minimize adverse impacts.

The period must be a minimum of 30 days, during which all concerned parties are encouraged to offer their comments to the lead agency. The comment period must continue at least 10 days following the close of a public hearing if one is held.

The lead agency is responsible for the adequacy and accuracy of the final EIS, regardless of who prepares it. The final EIS should be prepared within 45 calendar days after the close of any hearings or within 60 days after the filing of the draft EIS, whichever occurs last. The final EIS must consist of: the draft EIS, including any necessary revisions and supplements; copies or a summary of the substantive comments received and their sources; and the lead agency's response to the comments. The Notice of Completion of the Final EIS must be prepared, filed distributed, and published as described in section 617.12. The lead agency must also publish the Final EIS on a publicly available website.