Letter to DEC Regarding Adjudicatory Hearing for Proposed Belleayre Resort

January 12, 2005

Erin M. Crotty, Commissioner
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1010

Re: Proposed Belleayre Resort at Catskill Park Adjudicatory Hearing

Dear Commissioner Crotty:

I write regarding the ongoing issue of the proposal by Crossroads Ventures, LLC (Crossroads) and developer Dean Gitter to construct the Belleayre Resort at Catskill Park, part of which will be located in the 101st Assembly District, which I represent. I would like to first take this opportunity to note the professional demeanor and approach of the Honorable Richard Wissler who, as you know, is the Administrative Law Judge presiding over the Public Hearings and Issue Conferences as defined by provisions of the State Environmental Quality Review Act (SEQRA). This project is quite controversial in the Hudson Valley/Catskill Mountain region and has been met with strong positions from area residents. Judge Wissler has conducted himself in an exemplary manner and is a credit to his position and the New York State Department of Environmental Conservation.

For your information, and as was stated by a representative on my behalf at the first Public Hearing held on January 20, 2004 at the Onteora High School in Boiceville, New York, it has long been my policy when considering development proposals in the 101st Assembly District to look to the integrity of the process put in place by the New York State Legislature to evaluate projects and to ensure that all parties’ rights are protected and views heard in accord with that process. I firmly believe that it is not for those of us who author our laws to short circuit the opportunity for a full and public airing of an issue. Allowing the lead agency the latitude to fulfill their duties of giving balanced, fair and open consideration to public comment is the approach that should be taken.

That said, I have been following this matter closely, and a number of substantive critiques by qualified professionals were presented at the Public Hearings and during the recent Issues Conferences held regarding the content of the Draft Environmental Impact Statement (DEIS). Every effort must be made to afford all interested constituencies every benefit of SEQRA. To that end, it is my sincere hope that the points which follow will be among those considered at a full Adjudicatory Hearing on the Crossroads Ventures proposed Belleayre Resort at Catskill Park.

First, it has been brought to my attention that a number of issues were found to be insufficiently detailed in the DEIS. Specific concerns mentioned as being inadequately addressed or completely excluded from the impact statement include storm water runoff reporting techniques, models used to evaluate potable water supplies and studies regarding the impact on secondary growth and forest preserves. It is also necessary that there be a complete evaluation of the impact this project will have on the Ulster County Department of Social Services budget in accommodating employees who may be eligible for Medicaid and/or Food Stamp benefits by virtue of their low to moderate wages.

Secondly, it was stated in the DEIS that the community character of the greater Hudson Valley region, notably the towns surrounding the proposed development, would not experience a measurable impact from this addition. The Crossroads DEIS does not include an analysis of the Onteora School District and whether there exists sufficient capacity. It also fails to address funding necessary for the increase in the number of school-age children the District would serve under this scenario.

In addition, my office regularly receives correspondence from people and business owners along the Route 28 corridor expressing their concern with the already existing heavy traffic patterns and safety hazards associated with this highway. An influx of residents, patrons and vendors will contribute significantly to the congestion of the route, as well as limit access to businesses located on or near the roadway. It is my belief that a more in-depth investigation is required to fully determine the impact that an estimated 800 resort employees, their families and the expected influx of patrons and vendors to the resort and ancillary destinations will have on traffic, businesses and public school districts. This is necessary before, not after, adjudication.

Finally, as you know, provisions outlined in SEQRA state that reasonable alternatives to any proposal must be included in a DEIS. This provision offers the public the best opportunity to consider options that may lead to a mutually acceptable compromise while evaluating the merits of a project. I have been contacted by many area residents expressing their desire to see a proposal for a smaller scale project than the one put forth. They have indicated that the replies by Crossroads were incomplete, inaccurate, contradictory and unresponsive. Section 5-7 of the DEIS, dedicated to project size alternatives, states, "Most important, detailed market and fiscal analyses undertaken by the applicant show that it is not a reasonable or feasible alternative to the proposed action in that any reduction or elimination of a project element results in either an increased risk to overall marketability and financial viability, or an unacceptably low financial return on investment." Clearly, in the interest of a complete review, these matters should be discussed in more detail.

I appreciate your time and attention to this issue and for the reasons briefly touched upon in this letter encourage you to consider further review of the Crossroads’ DEIS at a full Adjudicatory Hearing. If I can provide more information or be of any additional assistance please feel free to contact me.

Sincerely,
Kevin A. Cahill
Member of Assembly

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