Professional Documents
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AT CATSKILL
PARK
PROJECT LOCATION:
+I-
IN
TOWNS
OF
SEQR TYPE:
TYPE
APPLICATION DESCRIPTION:
PERMIT
AND
SPECIAL USE
SITE PLAN APPROVAL WITH
CONDITIONS
At a meeting of the Town of Middletown Planning Board held at the Town of Middletolvn Town
Office Building, 42339 State Highway 28, Margarefville, NY 12455 on January 14,2016 at 634
p.m., there were Board members:
Susanna Finch
John T. Nolan, Jr.
KathqT r VanBenschoten
Glenna Herz
Joyce Gray
Charles Kowalski
Leonard Utter
Present
X
x
x
X
X
X
X
Absent
KOWALSKI
WIIEREAS,
WHEREAS, the Project includes approximately 411.79 acres in the Town of Middletown
("Town") and Delaware County, made up of the following sixteen Town of Middletown tax map
parcels as shown on the map prepared by Robert Allison" LS, of Catskill Region Surveying
Services dated March 27,2015:: (1) TAX MAP SBL#309.-[-33,22.92 ACRES; (2) TAX MAP
SBL#309.-1-36, 5.23 ACRES; (3) TAX MAP SBL#309.-1-37.1,7.92 ACRES; (a) TAX MAP
SBL#309.-1-37.2,1.07 ACRES; (5) TAX MAP SBL#309.-1-38, 4.23 ACRES; (6) TAx MAP
SBL#309.-1-39.2,19.95 ACRES; (7) TAx MAP SBL#309.-I41,35.77 ACRES; (8) TAX MAP
SBL#309.-1-42, 5.48 ACRES; (9) TAX MAP SBL#309.-1-43, 2.1 ACRES; (10) TAX MAP
SBL#309.-7-45.1,0.98 ACRES; (11) TAX MAP SBL#309.-I-46,23.87 ACRES; {12) TA){
MAP SBL#309.-1-50.1, 34.3 ACRES; (13) TAX MAP SBL#309.-L-56,202.99 ACRES; (1a)
TAX MAP SBL#309.-1,-25,9.78 ACRES; (15) TAX MAP SBL#308.-1.5, 13.7 ACRES; and
(16) TAX MAP SBL#286.-20-2-16,21.5 ACRES; and
WHEREAS, the Project is subject to the State Environmental Quality Review Act (SEQRA),
and is classified as a Type I Action; and
WHEREAS, the New York State Departrnent of Environmental Conservatiou ("NYSDEC")
served as lead agency for purposes of SEQRA review and the Planning Board was an involved
agency; and
WHEREAS, the NYSDEC as lead agency conducted a coordinated review of the Project
including the foliowing steps:
1. established itself as lead agency on March 20, 2000 after a decision in its favor by the
NYSDEC Commissioner;
2. issued a Positive Declaration, requiring the Applicant to prepare aDraft. Environmental
Impact Statement ('DEIS");
" 3. accepted the DEIS as complete on December 10, 20A3;
4. held numerous public hearings and accepted written public comments on the DEIS;
5. held an issues conference resulting in a determination by the NYSDEC Commissioner
on issues to be adjudicated;
6- stayed the adjudicatory hearing in order to allow settlement discussions to proceed;
7. after the development of the Agreement in Principle (AIP), required the preparation of a
Supplemental DEIS (SDEIS) on the revised project set forth in the AIP;
8. accepted the SDEIS as complete on April 17,2013;
9. held numerous
WHEREAS, the Planning Board participated in review of the EIS and has carefully reviewed
the SEQRA documentation, including the NYSDEC SEQRA Findings Statement; and
WHEREAS, the Planning Board referred the Proposed Action to the Delaware County Planning
Board, which reviewed a full statement of the Proposed Action on January 8,20L4, and voted to
approve the Project with no additional modifications or recommendations; and
WIIEREAS, Town Zontng Ordinance $$ 601 and 602 contain the standards applicable,
respectively, to special use permit and site plan review of the Project; and
WHEREAS, in addition to the general and specific conditions required for approval, Town
Zonng Ordinance $ 601 provides that "[i]t is the intent of this section to use special permits to
control the impact of certain uses upon areas where they willbe incompatible unless conditioned
in a manner suitable to a particular location;" and
WHEREAS, in addition to the general and specific conditions required for approval, Town
Zont;ng Ordinance $ 602 provides that site plan review is required where *[t]he nafure of these
uses and activities require special consideration of their impacts upon surounding properties, the
environment community character and the ability of the town to accommodate development
consistent with the objectives of this Ordinance and the Comprehensive Plan;" and
WIIEREAS, the Applicant has provided detailed information about its compliance with the
standards, conditions, and considerations for special use perrnits and site plan approvals and the
Section 515 perfonnance standards as detailed in a "Special Permit Application Addendum"
submiued with its application in on October23,2013; and
WI{EREAS, the Applicant will combine twelve of the parcels involved into two parcels, one for
the Wildacres portion and the ofher for the Highmount portion of the Resort as shown on the
map prepared by Robert Allison, LS, of Catskill Region Surveying Services (Sheet 3) dated
March 27,2015; ard
WIIIDREAS, the Project will be located in the Rural V E-5) zontng district, which permits oneand two-family dwellings as of right, and multi-family residential, condominium residential,
resort, hotel, commercial recreation and outdoor recreation tues by special permit and after site
plan review; and
WIIEREAS, the use proposed in the Town of Middletown is a resort with detached hotel
lodging units and accessory recreation facilities, including a golf course; and
WHEREAS, on January g,2014, the Planning Board opened and held a duly noticed public
hearing on the application for a special permit and site plan approval, and said hearing was
closed during the meeting with the record left open to receive the Final Environmental knpact
Statement and Findings from NYSDEC; and
WHEREAS, the Planning Board and Applicant reviewed the plans further in light of comments
raised at the public hearing; and
WHEREAS, all public comments were heard by the Planning Board members and written
responses to all substantive public comments were reviewed by the Planning Board, and the
Project design was revised to address public comments; and
WHEREAS, the Plaruring Board and its consultants conducted a comprehensive review of the
application, plans, comments, and responses in consultation with fre and emergency services
providers, among others;
as
follows:
1.
The Plaruring Board, as a SEQRA involved agerLcy, hereby adopts the SEQRA findings
of NYSDEC made pursuant to NYSDEC's role as lead agency during SEQRA review
and issued on December 2,20t5 as supplemented by the additionatr SEQRA Findings of
this Planning Board, attached hereto as Appendix A.
2.
The Planning Board frnds that the Applicant has met the general and specific standards
for a special use permit in the R-5 district under Town of Middletown Zoning Ordinance
$ 601 evidenced by the Applicant's Application Addendum, the Applicant's responses to
public comments, and the Planning Board's own review, and ttrerefore issues a special
permit for the Project.
3.
The Planning Board finds that the Applicant has met the performance standards in Town
of Middletown Zoning Ordinance $ 515 evidenced by the Applicant's Application
Addendum, SEQRA review by the NYSDEC and the Planning Board, the Applicant's
responses to public comments, and the Planning Board's own review.
4.
The Plaruring Board finds that the site plan meets the standards set forth in Town of
Middletown Znnrng Ordinance $ 602, and therefore? approves the site plan submitted by
the Applicant, subject to the following conditions and modifications:
W'ith respect to the conversion of the Leach Farm into a conference center, the
special use permit approves this use. When architectural drawings showing any
necessary additions or renovations are complete for review, the Planning Board
shall examine the final site plan for such additions or renovations of the Leach
Farm Conference Center. In addition, the Applicant must obtain any necessary
area variances related to the Leach Farm Conference Center.
b-
At its own cost and expense, the Applicant will engage an independent storm
wats monitor or monitors (the "Independent Monitor'), subject to tlre approval
of the New York State Deparhent of Environmental Conservation
C'NYSDEC") arrd the New York City Deparknent of Environmental Protection
('}{YCDEP'), to review and supervise all aspects ofthe implementation and
maintenance of management plans and controls with respect to storm water and
erosion and sediment control programs during constnrction of the Project or as
otherwise required by NYSDEC or NYCDEP in connection with permits issued
by NYSDEC or NYCDEP. The Independent Monitor shall conduct services in
accordance with an Independent Monitor Service Agreement entered into
between the Appiicant and the Independent Monitor. The Independent Monitor
shall assure the effective implementation of all erosion and sediment control
practices, ali storm water control practices, all construction phasing practices, as
weli as related measures? pursuant to the Storm water Pollution Prevention Plan
("SWPPP') and any perrnits issued by NYSDEC and NYCDEP. The
Independent Monitor shall have the authority to direct that all work which is
believed to not corform with the SWPPP or NYSDEC or NYCDEP permits
cease immediately in the affected Project area and that any such portions of the
Project be stabilized or properly maintained before work is allowed to proceed.
Copies of written reports from the Independent Monitor submitted to NYSDEC
and NYCDEP shall"also be simultaneously provided to the Town.
d. The Applicant shall inspect, repair and maintain those portions of Greene Hill
Road located in the Town (known in the Town of Shandaken as Gunnison Road),
as reasonably necessary, in order to keep Greene Hill Road open during the
construction of the Project, and shall restore Greene Hill Road to the reasonable
satisfaction ofthe Town after construction of the Project is completed. Greene
Hill Road shall, at all times, remain a Town road, and the Applicant shall
coordinate any inspection, repair and maintenance of the road with the Town.
e.
The Applicant shall utilbr. hybrid vans or similar clean-air vehicles to tansport
guests and visitors traveling between the Highmount and Wildacres hotels and
lodging units and nearby recreational facilities, including the Belleayre Mountain
Ski Center.
The Applicant will apply for the necessary approvals from the Delaware County
Health Department and Delaware River Basin Commission for water supply and
will enter an Agreement for sewage treatment with the New York City
Department of Environmental Protection.
(,
The Applicant will seek to use the best available lighting technology during each
stage of the Project. Outdoor light pole heights will not exceed 20 feet, and all
outdoor lighting will meet the "firlly shielded" definition adopted by the
International Dark Sky Association or other comparable standard.
h. The Applicant
will
activify:
i.
11.
All blasting
in New York State, and all blasting shall be conducted in a manner that
prevents injo.y to persons and damage to public or private property
outside the Project area, and shall be conducted in a manner that complies
with all applicable State and federal laws governing the use of explosives.
111-
1.
Two to four feet of rippable material will be left over the solid
material to be blasted to serve as a cover to prevent excessive
fly rock. Blasting mats may be used if overburden is not
available. The biasting mats must be of suitable size and
material to dampen noise and contain blasted materials.
2.
J.
4. The use
5.
will be used to
reduce
6. Blasting shots
and air blast.
l.
wdting.
3.
4.
v. A record of each blast shall be made, retained by the operator for at least
three (3) years and made available for inspection by the NYSDEC and the
Town on demand. The record is to be completed by the end of the work
day during which the blast occurred, including the seismograph reading, if
available, and shall contain the following:
1.
vl. Blasting will not occur during adverse weather conditions such as high
winds unless a loaded charge must be detonated before the end of the day
for safety reasons. Blasted and other excavated material will be used on
site. Shot design will be reevaluated if ground vibration or air blast
tbresholds are approached. Air blast values shall be limited to those set
forth in US Bureau of Mines RI 8485 or other similar standard.
vii.
1.
2.
3.
5.
fault it shall be
7.
8.
9.
10.
the
10
Subdivision Regulations. Such funds shall secure, among other things, the
repair/improvement of those portions of Greene Hill Road within the Town and
conskuction of utility infrastructure in accordance with the approved site plan-
j.
The Applicant shall perform the Work during its normal working hours of 7 a.m.
to 7 p.m. on Monday through Saturday, unless otherwise approved by the Town
Code Enforcement OfEcer for unique circumstances including but not limited to
continuous concrete pours and similar activities. The Applicant shall perfonn
the Project work in accordance with applicable law, code, rule orregulation,
k. The Applicant shall be responsible for any portion of the Project work performed
by any subcontractor of the Applicant. The Applicant shall have no
responsibility, duty or authority to direct, supervise or oversee any contractor of
Town or such contractor's work, or to provide the means, methods or sequence
of such work or to stop work by such contractor. The Applicant's work andlor
presence at the Project site shall not relieve others of their responsibility to Town
or to others.
1.
The Town shall be given notice of all construction inspections occurring within
the Town and shall be provided copies of all reports resulting from any such
inspection during and after construction of the Project. Additionally, the
Applicant shall frle with the Town copies of all reports, including certifications,
from the Applicant's engineer or other professionals, such as electricians for
example, conceming construction of the Project improvements within the Town.
Yeq
No
x
x
x
x
x
LL
Abstain
JANUARY 14,201b
Susanna Finch
Chair, Town of Middletown Planning Board
12