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Gitter Gets A Go-Ahead

In a hastily-pulled together press conference fronted by an easy-going Governor Eliot Spitzer and a who’s who of Catskills officials and regional environmental forces at the Kingston Holiday Inn on Wednesday morning, September 5, developer Dean Gitter and his Crossroads Ventures LLC was given the go-ahead for his long-proposed Belleayre Resort at Catskill Park.
Or at least half of it.
The approval basically follows what had become known in the last year as the “Hinchey compromise,” allowing build-out of the $400 million resort on the western side of state-owned and run Belleayre Mountain Ski Center and having the state purchase the 1,400 acres of what would have been it’s eastern half, along what is known as the Big Indian Plateau, and the majority of what was once the Highmount Ski Center.
The new proposal calls for all of what would have been built along the entire ridgeline to be now concentrated within a 663 plus acre site bordering the Ulster County town of Shandaken and Delaware County town of Middletown, including two hotels, a golf course, conference center, major health spa and 259 residences… most with “ski in/ski out” capabilities. All construction will comply with the strictest “green” LEED (Leadership Energy and Environmental Design) certification standards, avoiding slopes greater than 20 percent and a commitment to organic standards for the gold course.
Greater emphasis on cluster development will further reduce the development’s overall “footprint” from an original 573 to 273 overall acres… a 52 percent drop, according to those in attendance (and their various press releases). And instead of using its own sewage plant, the new resort would tie into the existing city-owned facility in Pine Hill.
The Big Indian acreage will be purchased by the Trust for Public Land for conveyance to the state as Forever Wild open space, while the former Highmount Ski Center trails and facilities sites will be incorporated into the existing Belleayre Mountain Ski Center, thus minimizing the amount of footprint enlargement that entity would need to undertake to expand its services. And allowing Gitter to build slopeside lodging and a spa for the ski resort.
“This project will simultaneously revitalize the region’s economy by creating hundreds of new jobs and protect the environment through green buildings, watershed protection and land preservation,” said Spitzer, with Gitter seeming to stifle a proud grin behind him, and several regional environmentalists approaching what looked like tears. “I thank all the parties who came to the table and accomplished great things for the Catskills. Their hard work illustrates that environmental protection and sustainable economic development can go hand in hand.”
The governor added that the development, as generally approved via an official Memorandum of Agreement signed by all but four of the environmental parties, was expected to create 450 full time permanent jobs, 150 part-time jobs and about 1,800 construction jobs over an estimated eight-year construction period. He noted that annual property tax revenue of over $2 million is expected to be paid to the two towns, local school districts and Ulster and Delaware counties, with an additional amount expected in sales taxes for both counties.
Spitzer also highlighted that half a million dollars in state funds would be allocated for other sustainable development projects in the Route 28 corridor between Boiceville and Andes through a new Central Catskills Smart Growth Initiative to be administered by the state Department of Environmental Conservation. He later noted, after Gitter’s prodding, that the state would also re-start a process to explore scenic by-way designation for the entire Route 28 corridor.
This is a demonstration that one plus one can equal three,” Spitzer said, stressing the state’s new emphasis on increasing its investment in Catskills skiing, via its Belleayre holdings, to match the private investment being brought in by Gitter and his main Crossroads investors, Emily Fischer and Ken Pasternak… the latter in attendance along with what seemed to be a majority of the region’s top business and political representatives.
Gitter first proposed his mega-resort after having chaired a Route 28 Corridor Study Committee, founded around the same time that the Upstate/New York City Memorandum of Agreement overseeing local watershed regulations and development funded was being discussed and signed at the urging of Spitzer’s predecessor, Gov. George Pataki, ten years ago. The Gitter commission, as some called his Study Committee, ended up concluding that what was needed for economic development in the region was a greater concentration on Belleayre’s potential as a tourism draw, through both year-round events planning and the possible creation of an adjacent resort.
In addition to Gitter’s project, the Belleayre Conservancy’s inauguration of its annual summer concert series also started around that time.
Once proposed, the Crossroads Venture plan for a Belleayre Resort immediately drew harsh criticism and increasing activism from first a local and later the regional and national environmental world. Eventually, this led to the formation of a coalition of 11 such organizations to challenge the developers knee-high-sized Draft Environmental Impact Statement alongside New York City’s Department of Environmental Protection and, eventually, Spitzer’s own Attorney General’s office via its Inspector General position.
That challenge resulted in a lengthy trial-like adjudication process that set up twelve key issues for a final state ruling, later downsized to six by one of the Pataki administration’s last actions in office. Such activities were eventually put on hold when Gitter went to first the federal EPA and then Governor-elect Spitzer for help, with the aid of elected officials on a town, county, state and federal level.
Negotiations towards a compromise were informally started in Regional EPA Administrator Michael Steinberg’s New York offices last autumn, and then pursued in full starting last winter… with what amounted to a gag order installed by Spitzer’s new consultant on environmental affairs, Judith Enck.
Meanwhile, one of the key points made by Hinchey two years ago, and later backed up via letters from the federal Environmental Protection Agency and various New York City and state agencies, was the protection of city drinking water by shifting “all proposed development out of the highly sensitive and impaired Ashokan Reservoir basin.”
At first Gitter publicly scoffed at Hinchey’s proposal… but eventually it was included in the negotiations, according to participants, then made their emphasis, as seen in Wednesday’s announcement.
Difficulties arose though when news about the possible inclusion of the Highmount sale tie-in to Belleayre leaked out, causing ski resort owners in neighboring Greene County to join together and publicly decry the governor’s talks via their own press conferences.
On Wednesday, though, no signs of such controversy surfaced in Spitzer’s or anyone else’s remarks, which stressed the importance of using an expanded Belleayre Ski Center to increase skiing in all the Catskills. But neither did any mention of recent scientists reports predicting an end to the local ski industry in the next 20 to 30 years.
“I applaud Governor Spitzer for his leadership in developing a solution for the Belleayre Resort project that will help to create new jobs and spur economic growth while minimizing negative impacts to the surrounding environment and protecting the integrity of the New York City watershed,” Congressmember Hinchey said in a release passed out at the event, not being available himself. “When I introduced the lower build alternative for this plan as a starting point for these negotiations almost two years ago, I envisioned a final project that greatly resembled what was agreed to today… While this project represents a dramatic improvement from what was originally proposed, I still intend to follow the subsequent review process carefully, particularly with regard to its size and potential impacts on the hamlet of Pine Hill.”
Speaking on behalf of New York City Mayor Michael Bloomberg and Department of Environmental Protection Commissioner Emily Lloyd, DEP General Counsel said at the Holiday Inn that the resulting compromise was a “win/win for all of New York State.”
Spitzer added that he expected Bloomberg to be on hand to tee off at the resort’s golf course when inaugurated.
Gitter himself talked his Corridor Study 15 years earlier, and how the past eight years of review and controversy had proved “trying.”
“ I never once doubted the sincerity of the environmental organizations who were opposing it,” he said, talking of a “mutual respect” for the environment “I also can’t assume that everyone will be happy with this… there are those who will say we went too far and some who will say we didn’t go far enough.”
He asked for people to now move on, to a big clap.
Eric Goldstein of the Natural Resources Defense Council and Tom Alworth of the Catskill Center for Conservation and Development, who chaired the Catskill Preservation Coalition that led much of the adjudicatory fight against Gitter’s project in recent years, talked about the benefits of the compromise finally worked out, as well as the local impacts they would still be keeping an eye on.
“This is a very smart project,” said Alworth. “We are now looking to help this project be a positive reflection on our Catskills.”
Signing on to the negotiated compromise alongside the NRDC and Catskill Center were Trout Unlimited, NYPIRG (New York Public Interest Research Group), Zen Environmental Studies Institute, Theodore Gordon Flyfishers, and Riverkeeper
Still holding out and declining to sign the agreement were three local and one national organization – Catskill Heritage Alliance, Friends of Catskill Park, the Pine Hill District Coalition and the Sierra Club – who handed out a press release while the celebratory talk was going on at the Holiday Inn entitled “Revised Belleayre Resort Still Wrong For Catskill Park, Local Communities.”
“The final MOA was released to CPC member groups only yesterday,” the release reads. “Because it is not substantially a lower-build compromise the four groups said they could not endorse it by signing. They will continue to oppose this or any other project of similar size and scale.”
After Spitzer and CPC Attorney Marc Gerstman discussed the price being paid for the Gitter lands ($14 million), anticipated start date for eventual construction (late in 2008), and a new SEQRA process to be undertaken for the Supplemental Environmental Impact Statement to be prepared by Crossroads including all elements of the newly signed MOA, Catskill Heritage Alliance chairman Richard Schaedle explained how there were still 200 some housing units being built on slopes he and other opposing environmental groups felt were too sleep, as well as 19 structures being built at elevations of over 3,000 feet.
Friends of Catskill Park chair Judith Wyman, one of the key early opponents of the Gitter project, noted how the compromise was “only slightly smaller than the outsize original. That’s not an acceptable compromise.”
Alworth later countered by noting the difficulties faced by any negotiation involving 15 represented parties. Conference calls were held weekly, plus regular get-togethers.
“Over time, one realizes that there are some groups that are never happy. That makes things more difficult,” he said. “I’m proud of what we accomplished… Now, there is no reason not to critique the negotiated deal, but to just be angry and throw rocks doesn’t help anyone. We have to move forward.”
In a separate interview, Gerstman, the lead environmental attorney in the negotiations and a former state employee, said that the main reason for the groups signing on to the deal was that all felt they wouldn’t have done better waiting through adjudication.
He added that he was unlikely to continue working with the hold-out local organizations, and wished they’d sign on so they could serve as advocate watch-dogs in the process yet to come. He noted that it has become increasingly difficult for lawsuits against deals such as that announced last week to be challenged in the courts.
Meanwhile, Shandaken town supervisor Bob Cross, Jr., not running for re-election after being plaguyed by discussion of Gitter’s resort for his four years in office, expressed genuine gladness that as far as he could tell, things had reached a resolution.
“I greatly admire the way this was handled by the governor’s staff, with special thanks to Judith Enck,” he said. “Most of the environmental concerns have been dramatically reduced with the new proposed project. I feel that this project is needed to help sustain the existing businesses that rely on tourism in the entire region, and not just Shandaken.”
Gitter, still smiling, said he hoped the way forward would be seen as too important, now, to allow any more tying down of progress.
“This is the Catskills renaissance,” he said, adding that he was now going to get away on a vacation… departing within the hour.
“I’ll be back in a few weeks,” he added.


A U&D Rail Trail At Last?

Of the amount pegged for the county in a new draft Transportation Improvement Program document released by the UC Transportation Council on August 28, and set for further discussion on September 27 following a three week public comment period set to conclude September 17 after a sole public informational meeting to be held at Ulster County BOCES Conference Center in New Paltz on September 11, $76 million will be for highway projects, $20 million for bridges, and over $6 million for improvements to local public transportation.
On a local basis, bridge repairs have been scheduled for Route 28 over Birch Creek and in Big Indian, in Shandaken, And the Route 213 Tongore Bridge in Olive.
In addition, all of Route 213 between Route 209 in Stone Ridge and its intersection with Route 28A in Olive has been scheduled for next year, and over $13 million has been pegged for the creation of an Ulster and Delaware Rail Trail from Kingston to Highmount, to be built in two stages, the first lasting from 2010 through 2012 and the second from 2012 into the following decade.
“The Ulster County Transportation Council serves as the Metropolitan Planning Organization for Ulster County, responsible for ensuring that federal transportation funds are programmed through a locally driven, comprehensive planning process,” the 121 page document – filled out with many pages as yet blank – reads. “The Transportation Improvement Program is an important product of the overall transportation planning process, since it is through the TIP that the UCTC commits to the implementation of transportation projects. The TIP represents the formal capital program that assigns federal funds to highway, bridge, bikeway, pedestrian, transit, and demand management projects for implementation over the next five years.”
Members of the UCTC include the head of the county legislature, mayor of Kingston, Saugerties and Ulster town supervisors, state DOT commissioner representative, state Thruway director, seven town supervisors and one “rural voting member” representing the towns of Denning, Gardiner, Hardenburgh, Marbletown, Olive, Rochester and Shandaken.
The schedule of meetings that led to the creation of the current proposal, now on ther verge of becoming reality, included meetings about a possible rail trail two autumns ago that brought out a number of train fans worried that a rail trail would preclude completion of the resuscitation of the Catskill Mountain Railroad, which has been leasing the county-owned Ulster and Delaware rail bed since the early 1980s.
Some in the county legislature started questioning the CMRR’s stewardship of that property after the entity sprayed along tracks in the City of Kingston this past spring, against a county Environmental Council’s recommendations.
However, the scope of the current proposal, at least in budget form as presented within the new TIP proposal, suggests that accommodations may now be made to include both rail and bike and walking paths within the long right-away that rail trail aficionados are hoping will create a linked trail system throughout the county, as well as Catskills and Hudson Valley regions.
The actual process of infrastructure repairs included in the new TIP is scheduled to begin in 2008.
More on this entire process in our next issue, after we get a chance to look into the details of the various elements in the plan, from the rail trail to new busses for rural transport and a major welcome center for the county – as well as possible rail improvements throughout the Hudson Valley – via the current process.


Cellular Story

The final resolution to make a deal with Mariner Tower ll LLC, which passed unanimously, included several last minute changes supplied by Cross, which he created aloud and penned in to the legal document at the meeting.
Councilman Peter DiSclafani, a candidate for town supervisor this year, tried to table the matter until next week in order to have time to read it through and make sure it was as good a deal as possible. Councilman Robert Stanley agreed, but Cross and board members Joe Munster and Jane Todd, who is also running for town supervisor, defeated DiSclafani’s motion.
The board also conducted a swift environmental review of the plan to build the tower on the town-owned Glenbrook Park and determined there would be no environmental impact from the project.
Many present at the meeting were pleased to finally see progress toward bringing cell service to town, but several were concerned about the shroud of mystery the board kept over the identity of Mariner Tower and who its owners were. No information was available on the company and repeated requests from the audience for basic information were ignored.
When Cross finally started to say that Mariner Tower representatives were actually in the room, Todd stifled the Supervisor to prevent him from revealing who they were.
Finally Cross said they were a company from Kennebunkport, Maine. Internet searches discovered a company in Kennebunk with the name Mariner Tower LP, but it remains unclear what connection this company has, if any, with Mariner Tower ll, LLC.
The deal requires Mariner to sign a lease agreement with Shandaken within the next two months to build the tower at Glenbrook Park. Within three months Mariner must deliver a study showing how to provide the town with “maximum cellular communications.”
The tower, which does not have a height specified yet, needs to be built by July of next year.
Critics of the plan, like Big Indian resident Chuck Perez, question the way the administration is going about getting cell service for the town.
Perez, who wants cell service in the community, wondered why the town was agreeing to build a tower on a specific site before a study was done to see where the towers should go.
“It’s putting the cart before the horse,” Perez said.
The cellular issue included talk about a 43 acre Phoenicia parcel owned by Cross’s wife and Todd’s daughter. Recent published reports indicated that the property may be used as a cell tower site, but both Todd and Cross said this week that was not true. Cross produced a letter from a previous landowner stating that a restriction was placed on the property preventing cell towers. Cross complained about local newspapers printing information about the restriction no longer appearing on the most current deed. Todd said there was no requirement to file the information with the County, but Cross described the matter as a filing error. Regardless, both insist the restriction remains.
“It runs with the land,” Cross said.


Election 2000 - Running For Town Clerk

“I like serving my constituents and my community,” says Frasier, who was first elected in 1988 after serving 8 years as deputy clerk and 7 years before that working for local attorneys. “I like my job,” she says. ”I like serving the public. I’m a people person.”
Frasier grew up in Highmount, went to Fleischmann’s and Margaretville High Schools, married her husband Charlie 34 years ago, and has four grown children and four grandchildren. Her long history of community service includes 16 years of work with the American Cancer Society, 13 years as a Girl Scout leader, past bookkeeper for the Phoenicia United Methodist Church, and Treasurer and Corresponding Secretary for the Glenbrook Park since its inception.
As an indication of how seriously she takes her job, Frasier appears to take every opportunity to further her education. “Every time something’s offered,” she says, “I take the class.” She’s currently a Certified Municipal Clerk and working on her Master Municipal Clerk accreditation. In 2002 she was named Ulster County Clerk of the Year, along with receiving a Pride of Ulster County Award from the county legislature. This year, she’s been nominated as New York State Town Clerk of the Year.
“As Town Clerk I try to be non-partial when serving my constituents,” says Frasier. When you come before me it does not matter if you are Republican, Democrat, Liberal, Conservative, Independent, or of the Tree party. You are a person with a problem and I am there to try to help you solve it. I treat everybody equal.“
“I have always stayed within my budget, “ said Frasier, “making sure that nothing gets wasted. When it comes to preservation, it is my job to preserve the town’s history…All of the old books are wrapped in acid free paper and stored in a fireproof room, every month I write the town history as I record the minutes of the meetings.”
This year and for the first time in a number of years, Frasier, a Republican, is being challenged on the ballot by Carol Shalaew, who’s running on the Democratic line.
“I think Laurilyn has done a great job,” says Shalaew. “But I do believe it’s time for a change. I’ve seen her attitude and sometimes she can be not as friendly as she should be. She may be getting burned out. And change is good, sometimes for everybody. I think it would be a change for the better, if not for the best.”
Shalaew’s had her home in Phoenicia for 7 years, though she’s lived here full- time only for the past two. She’s been actively involved in local politics, animal rescue, and other volunteer work. In describing her background, Shalaew says she’s been a businesswoman in New York City since 1965, and that her experience at different venues or jobs is very important to the perspectives she’s developed.
In her formerly citified career, Shalaew was accustomed to functioning in some fairly high-powered environments, with long careers both in public relations and managing some of the City’s highest profile restaurants. For 12 years she managed Tavern on the Green, the highest grossing restaurant in the country, after serving as their banquet and PR director. She also served as manager for both the Grand Central Oyster Bar and the Russian Tea Room. In the public relations sphere, she served as PR Director for the Ritz Carlton and New York Penta Hotels, and for several years ran a PR company of her own.
“Shandaken is a wonderful place,“ says Shalaew. “I love this town, and I want to contribute as much as I can. Because of the issues we’re facing, it’s important we have people in office who are sensitive to the issues, and who’ll actually listen to what people want and need. I feel like I’m someone who can do that. My door will always be open. I think I can streamline the office,” she says, “and maybe cut costs down the road. But the main thing is I want the office to be a friendly place.”
“Oh,” she added. “I want to work with the town board as well… The new town board…”


Try A New Food Tuesday

In Public Be Heard, a number of Phoenicia parents again spoke about their fears of their school being closed and general opposition to the board’s approval of a 5 through 8 Middle School plan for the district’s future. At the same time, Phoienicia PTA head Christina Himberger read a letter thanking the district and its new transportation director for having responded so quickly to concerns about new bussing routes. At the Onteora School Board’s August 28 school board meeting, which was dominated by transportation matters by and large (see letters), school lunch manager Christine Downs presented healthy new strategies for the school year, including “Try it Tuesdays,” a monthly fun food tasting idea using seasonal vegetables. “I would like students to try new foods, especially vegetables,” said Downs. “Which would be once a month, whether a student buys lunch or not can taste the vegetable of the day.” Also, the prices on a la carte food will be increasing and an emphasis put on buying complete meals at a better value. Downs said it is less expensive to the district and healthier for kids. The school district will hosted a two-day teacher college on the Columbia University writing program at the Emerson Resort’s conference facilities in Mt. Tremper. “We have nearly 50 teachers being trained in writing workshop,” said assistant superintendent for curriculum Deb Fox. A majority of Onteora teachers have been trained in the reading workshop program and Fox explained that this is the next level of training teachers in a hands-on approach to writing. The Director of Elementary education position was changed to a Coordinator of Elementary Education, a spot once held by Laurie Cassel. Superintendent Leslie Ford said, “In looking at that this year, my suggestion was that we take the position that was held by one person and ask two of our administrators to adopt it.” The primary responsibilities are curriculum development and overseeing testing. As promised at every school board meeting, the parent of a Phoenicia elementary school student, Sante Mosley spoke to the board on why rural schools are important. He urged the school board to rethink their plan of a 5-8 middle school and closing an additional elementary school. He asked the board instead to join the New York State Rural School Association at a cost of $500 with mini-grants available from the State to waver the fee. He also said through the organization, grants are available for technology. Every school board meeting, Mosley presents statistics on why rural community schools are better, especially in poorer communities. He believes that the school board is modeling their school configuration idea on wealthy Armonk and Chappaqua school districts, a plan that does not fit in with local median income statistics. Mosley said he plans to meet with Assemblyman Kevin Cahill in September. The school board held a workshop on district goals for the 2007/08 school year. Although not complete a rough outline included, student achievement, performance, teaching, community participation, communication, fiscal responsibility and respect. Also, it turns out the district did approve an extension of its conract with the INDIE program through the coming school year.