Mont Luzerne

• May 11, 2010
• July, 24 2007

TOWN OF LAKE LUZERNE

PUBLIC HEARING/SCOPING SESSION

FRONT PORT PARTNERSHIP LLC

WEST MOUNTAIN PROJECT

JULY 24, 2007

SUPERVISOR OPENED THE MEETING AT 7:30 PM WITH THE FOLLOWING MEMBERS PRESENT:  COUNCILMAN MCLAIN, COUNCILMAN SHIEL, COUNCILMAN DIEHL, ATTORNEY RUSSELL THARP, JR., CHRIS ROUND (CHAZEN COMPANIES).

CHRIS ROUND – PLANNER WITH CHAZEN COMPANIES, ENGINEERING FIRM FROM GLENS FALLS ACTING AS THE TOWN'S ENGINEER FOR REVIEW OF THIS PROJECT .

TONIGHT IS A PUBLIC SCOPING SESSION FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT FOR THE MONT LUZERNE PLANNED DEVELOPMENT DISTRICT.

WE ARE AT THE START OF THIS PROCESS FOR REVIEW OF THIS PROJECT. SCOPING IS A PROCESS BY WHICH WE DEFINE WHAT THE APPLICANT IS GOING TO LOOK AT IN THE ENVIRONMENTAL IMPACT STATEMENT. SCOPING BY NATURE MEANS WHAT ENVIRONMENTAL ANALYSIS, WHAT FISCAL IMPACT ANALYSIS, ETC. WILL BE INCLUDED IN AN ENVIRONMENTAL IMPACT STATEMENT TO BE PREPARED BY THE APPLICANT, AND THAT WILL HELP US TO REVIEW THE PROJECT AND  FOR THE COMMUNITY TO REVIEW THE PROJECT.

IN THIS CASE, THE APPLICANT HAS VOLUNTARILY IDENTIFIED THE NEED

TO PREPARE AN IMPACT STATEMENT. THEY ARE GOING TO DO SO, AND TONIGHT WE ARE ALLOWING THE APPLICANT TO MAKE AN INTRODUCTION ABOUT WHAT THE PROJECT IS. WE HAVE MICKEY RICCIARDI AS THE APPLICANT AND DEVELOPER AMONG SEVERAL PARTNERS IN THE PROJECT, DONALD ZEE, ATTORNEY REPRESENTING THE APPLICANT.  THEY ARE GOING TO GO THROUGH THE PROJECT AND THEN DON WILL GIVE AN INTRODUCTION ABOUT WHAT IS INCLUDED IN THE SCOPING DOCUMENT. THEN WE WILL OPEN UP FOR PUBLIC COMMENT WITH THE IDEA THAT WE ARE GOING TO HEAR FROM YOU FOLKS TONIGHT.   WE WILL ALLOW WRITTEN COMMENT UP TO 30 DAYS AFTER THIS PUBLIC HEARING AND THAT IS AUGUST 23.   WE WILL SUMMARIZE THE COMMENTS, REVIEW THOSE COMMENTS ON THE SCOPING DOCUMENT WITH THE TOWN BOARD.   IT IS THE TOWN BOARD'S ENVIRONMENTAL IMPACT STATEMENT.  ALTHOUGH THE APPLICANT IS PREPARING IT, IT IS THE RESPONSIBILITY OF THE TOWN BOARD TO IDENTIFY THE ANALYSIS THAT WILL BE INCLUDED IN THE EIS AND TO MAKE SURE THAT THE EIS IS TO THEIR SATISFACTION. WE EXPECT AT THE END OF THE 30 DAY PERIOD

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TO MEET WITH THE BOARD, REVIEW THOSE COMMENTS, PREPARE A REVISED SCOPING DOCUMENT AND HAVE THE BOARD ADOPT THE FINAL SCOPING DOCUMENT AT SOME POINT, PROBABLY DURING EARLY SEPTEMBER.   THERE IS NO FIXED DATE AT THIS JUNCTURE. 

MICKEY RICCIARDI -   GAVE A POWER POINT PRESENTATION OF THE PROPOSED CONCEPT AND LAYOUT OF THE MONT LUZERNE PROJECT PUT TO MUSIC…….

THERE IS RECREATION, COMMUNITY, RATHER SELF-CONTAINED, THE   MARKET IS LARGELY GEARED TOWARD RETIREES, ACTIVE BABY BOOMERS,  HEALTH IS A GROWING CONCERN.  THOUGH BUILDING ON THE OTHER SIDE, THERE IS ACCESS TO THE SKI MOUNTAIN, SWIMMING TENNIS.   STYLE OF ARCHITECTURE OVERVIEW.  IT IS A REGIONAL PRECEDENT. THE ARCHITECTS ARE FROM MARYLAND.  WE WENT INTO GLENS FALLS AND SARATOGA AND TOOK SOME OF THE REALLY GREAT HOUSING DESIGNS THAT ARE INDIGENOUS TO THIS AREA.  STARTING PRICES WILL BE IN THE MID TO UPPER 200'S  AND GOING UP TO CUSTOMS THAT WILL GO INTO SEVEN FIGURE NUMBERS.

JOE ARTALE – LAKE LUZERNE – EVERYTHING YOU ARE SHOWING ON THERE WE HAVE NOW.  WHY DO WE NEED ALL OF THIS ADDITION TO RAISE OUR TAXES.  YOU SHOWED THE HUDSON RIVER, YOU SHOWED THE PARK, YOU SHOWED PAPA'S, WHICH WE HAVE NOW, SO WHEN WE HAVE 2200 HOUSES, WE ARE GOING TO LOSE ALL THAT.  I'M JUST SAYING THAT YOU HAVE NOT SHOWED US WHAT YOU ARE GOING TO DO, IT SHOWS US WHAT WE HAVE.

CHRIS ROUND – WHERE WE ARE IN TONIGHT'S PROCESS IS THAT WE WANT TO GIVE YOU INFORMATION ABOUT THE PROJECT.  THERE ARE A LOT OF UNKNOWNS.  DON (ATTORNEY ZEE)  WILL TALK A LITTLE BIT ABOUT WHAT IS IN THE SCOPING DOCUMENT AND SOME OF THE NUTS AND BOLTS ASPECTS OF WHAT IS IN THE PROJECT.   QUESTIONS LIKE THAT AREN'T GOING TO BE ANSWERED TONIGHT, THOSE ARE THINGS WE NEED TO IDENTIFY TO MAKE SURE WE GET.

MR ARTALE –  I  HAVE BEEN COMING HERE FOR 40 YEARS AND WOULD LIKE TO KNOW WHAT THIS IS GOING TO DO FOR HERE.

CHRIS ROUND – THAT IS SOMETHING WE WILL CAPTURE FOR THE RECORD AND GET THE APPLICANT TO ADDRESS AS THE PROCESS MOVES FORWARD.

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DONALD ZEE, ESQ. – FIRST I WOULD LIKE TO TALK ABOUT HOW WE GOT TO THE POINT WHERE WE ARE HERE TODAY.  THIS HAS NOT BEEN A PROJECT THOUGHT UP ON THE BACK OF AN ENVELOPE.  THE DEVELOPERS IN FACT WENT OUT AND OBTAINED A MARKET STUDY WHICH IS PROBABLY 50 – 100 PAGES IN LENGTH. IT WAS DONE BY ONE OF THE LARGEST MARKETING FIRMS IN THE COUNTRY.  IT IS THE COMPANY WHO DID THE STUDY FOR DISNEY WHEN THEY CREATED "CELEBRATION". SO WE WENT OUT AND HIRED A MARKETING FIRM TO ANALYZE AND LOOK AT THIS COMMUNITY AND LOOK AT WHAT IS DESIRABLE AND MARKETABLE BECAUSE OBVIOUSLY THE DEVELOPER WANTS TO BUILD SOMETHING HE CAN MARKET HIMSELF, AS THE BOTTOM LINE IS THEY ARE INTERESTED IN MAKING MONEY.  I UNDERSTAND THIS GENTLEMAN'S CONCERN ABOUT WHAT YOU HAVE , AND THE QUESTION IS WHAT ELSE CAN WE BRING TO THE COMMUNITY THAT IS GOING TO BENEFIT THE COMMUNITY, AND WHAT OTHER PEOPLE ARE GOING TO WANT TO COME IN AND BUY AND WHY THEY WANT TO COME TO THIS AREA TO LIVE HERE. THEY PROBABLY WILL WANT TO COME TO LIVE HERE FOR THE SAME REASON YOU HAVE BEEN HERE 40 YEARS.  BUT WE, IN FACT, WENT THROUGH AND DID A MARKET ANALYSIS. THAT WASN'T A SECRET.  WE HAD A ONE WEEK EVENT AT WEST MOUNTAIN WHERE WE INVITED THE PUBLIC, THE TOWN BOARD, THE LOCAL COMMUNITY, IT WAS IN THE NEWSPAPER ETC.   AT THAT EVENT, WE HAD THE MARKETING STUDY PERSON MAKE A PRESENTATION ABOUT HIS FINDINGS, WE ALSO HAD A LAND PLANNER, A COMPANY FROM MARYLAND  COME OUT TO LOOK AT THE MOUNTAIN, WALK THE MOUNTAIN, SPEND A LOT OF TIME WITH A SERIES OF VISITS TO THE COMMUNITY AND LOOK AT THE SURROUNDING AREAS TO SEE WHAT KIND OF ARCHITECTURE , WHAT KIND OF DESIGNS WERE APPROPRIATE FOR THIS COMMUNITY.   THEY SPENT A LOT OF MONEY GETTING TO THE POINT WHERE SOME MONTHS AGO, WE MET WITH THE TOWN BOARD AND THE PLANNING BOARD AND THEIR ENGINEERS AND THEIR ATTORNEYS AND TALKED ABOUT WHAT ARE WE SUPPOSED TO DO WITH REGARD TO THE PROCESS? WHAT WE ARE LOOKING FOR IS REALLY A NEW CONCEPT WITH REGARD TO THE CREATION OF A VARIETY, A VILLAGE, SOME HAMLETS, SOME RURAL HOUSING AS WELL, ALL WITH A VARIETY OF THINGS.    AFTER THE MEETING YOU ARE WELCOME TO LOOK AT THEM.  THIS IS GOING TO BE PART OF THE PROCESS.  AT THE MEETING WITH THE TOWN BOARD IT WAS UNANIMOUSLY DECIDED AND WE AGREED (WHICH IS HIGHLY UNUSUAL FOR A DEVELOPER) THAT THE MOST THOROUGH AND MOST DETAILED ENVIRONMENTAL REVIEW PROCESS  IS NECESSARY TO PROTECT THE TOWN AND THE PUBLIC'S INTERESTS.   SO PLEASE DO NOT TAKE THE FACT

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THAT WE ARE DOING A DRAFT ENVIRONMENTAL IMPACT STATEMENT LIGHTLY.  IT IS A VERY LENGTHY DETAILED PROCESS WHICH I MENTIONED TO THE TOWN BOARD WE'LL PROBABLY HAVE DOCUMENTS WHICH WILL WEIGH 50 POUNDS BECAUSE OF THE REPORTS AND ANALYSIS THAT WE ARE GOING TO BE REQUIRED TO SUBMIT TO THE TOWN FOR THEIR REVIEW.  WHAT WE ALSO ASKED AT THAT MEETING SOME MONTHS AGO, WAS, THERE HAS TO BE A POINT PERSON, A LEAD AGENCY.  THE PARTY THAT IS GOING TO MAKE THE DECISION THAT WHETHER THE ENVIRONMENTAL IMPACT STATEMENT PASSES MUSTER, WHETHER THE PROJECT WILL NEGATIVELY IMPACT THE COMMUNITY, BE IT FROM A SOCIAL ECONOMIC STANDPOINT, IMPACT ON SCHOOLS, TAXES, TRAFFIC, WE HAVE TO ADDRESS ALL THOSE, AND I WILL GET INTO MORE DETAIL ON THAT.   AT THAT POINT IN TIME THE TOWN BOARD THOUGHT, THEY ARE THE ELECTED OFFICIALS, THEY THOUGHT THEY WOULD BE THE MOST APPROPRIATE AGENCY TO TAKE THAT STEP TO BE LEAD AGENCY.  THEY MADE A RESOLUTION SAYING THAT THEY WOULD LIKE TO BE LEAD AGENCY STATUS, BUT IT DOESN'T STOP RIGHT THERE.  UNDER DEC REGULATIONS, UNDER SEQR, THE TOWN THEN HAD TO NOTIFY ALL OF THE AGENCIES THAT WE WOULD NEED TO GET PERMITS FROM, IF A PROJECT LIKE THIS WERE TO BE APPROVED.  SO WE SAT DOWN WITH THE ATTORNEY FOR THE TOWN AND HE SENT OUT A LETTER ON JUNE 7, 2007 TO NYS DEPT OF HEALTH, WARREN COUNTY DPW, THE TOWN PLANNING BOARD, WARREN COUNTY PLANNING BOARD, THE US ARMY CORP. OF ENGINEERS,  THE ZONING BOARD, NYS DEC REGIONAL PERMITS, AND TO D.O.T AND SAID THIS IS A PROJECT BEING SUBMITTED TO THE TOWN OF LAKE LUZERNE FOR CONSIDERATION.  THE TOWN BOARD WANTS TO BE LEAD AGENCY. WE BELIEVE IT IS APPROPRIATE TO BE LEAD AGENCY BUT PLEASE TELL US WHETHER YOU THINK SOMEONE ELSE SHOULD BE LEAD AGENT OR NOT; AND IF YOU HAVE ANY SPECIFIC QUESTIONS THAT YOU BELIEVE THE APPLICANT NEEDS TO ADDRESS.  TO THE BEST OF MY KNOWLEDGE, AS OF A COUPLE DAYS AGO, ONLY ONE AGENCY WROTE BACK AND  THE COUNTY, BUT NYS DEC ON JULY 5^TH WROTE TO RUSSELL THARP, ATTORNEY FOR THE TOWN, ADVISING THEM THAT THEY CONCURRED WITH THE TOWN BOARD'S RECOMMENDATION THAT THEY BE LEAD AGENCY UNDER SEQUR AND THEN THEY SUBMITTED WITHIN THEIR RESPONSE, A SERIES OF QUESTIONS THEY THOUGHT  WE AS THE DEVELOPERS WOULD NEED TO ANSWER FOR THEM TO GET A BETTER FEEL FOR THE PROJECT.    RIGHT NOW, ABSENT ANYTHING ELSE, THE TOWN BOARD IS GOING TO BE LEAD AGENCY. MY UNDERSTANDING IS THAT THERE WERE TWO AGENCIES THAT SUBMITTED RESPONSES TO ALL THE LETTERS THAT THE TOWN ATTORNEY SENT OUT AND THEY WERE IN FACT FROM DEC AND FROM THE COUNTY. 

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DURING THE PROCESS WHEN WE WRITE OUR RESPONSES, WE HAVE BEEN TOLD ALREADY, THAT WE ARE GOING TO HAVE TO CONTACT THE SCHOOL DISTRICT, WE HAVE TO SIT DOWN WITH POLICE, FIRE, SHERIFFS, AND ALL THE EMERGENCY AGENCIES TO TALK ABOUT WHAT IMPACT THIS PROJECT IS GOING TO HAVE AND WHAT CONSIDERATION WE NEED TO GIVE TO ALL OF THOSE ENTITIES AS WELL AS ANYTHING ELSE THAT COMES OUT AS LEGITIMATE QUESTIONS.  PEOPLE OFTEN GET INTO A PUBLIC SETTING, SOMETIMES THE QUESTIONS ARE IRRELEVANT AND THAT IS REALLY WHAT THE TOWN IS GOING TO DECIDE – WHICH QUESTIONS WE ARE GOING TO NEED TO ADDRESS.  BEFORE I GO THROUGH THE QUESTIONS THAT THE DEVELOPER  AND MY OFFICE THOUGHT NEEDED TO BE INCLUDED IN THE ENVIRONMENTAL IMPACT STATEMENT . I DO WANT TO POINT OUT BECAUSE IT IS ALWAYS A CONCERN TO THE PUBLIC, TO THE TOWN BOARD AND TO MY CLIENTS: WHO PAYS FOR THE ATTORNEY FOR THE TOWN, AND THE ENGINEER TO BE INVOLVED IN THIS PROCESS?  WELL, THE DEVELOPER DOES. IN FACT, PART OF THE DELAY WAS IN GETTING TOGETHER TO FINALIZE AN ESCROW AGREEMENT WITH THE TOWN FOR PAYMENT OF MONIES IN ADVANCE FOR THE ENGINEER'S REVIEW AND THE ATTORNEY'S INVOLVEMENT.  MR. THARP AND I WENT THROUGH A COUPLE OF TIMES LOOKING AT DOCUMENTS, THEY HAVE BEEN EXECUTED AND MONIES HAVE BEEN PUT IN ESCROW AND WE ARE OBLIGATED TO PAY FOR THE REVIEWS ON BEHALF OF THE TOWN WHEN WE MAKE THE SUBMITTALS.   I ALSO WANT TO POINT OUT THAT THIS PROCESS IS A LENGTHY, DETAILED PROCESS IN THE PAMPHLET THAT IS AVAILABLE HERE, A GUIDE TO THE  SEQUR REVIEW PROCESS, BUT THERE ARE STATUTORY REQUIREMENTS SO THAT WE CAN'T SET UP A MEETING TOMORROW FOR EXAMPLE AND PASS IT THE NEXT DAY.  THERE IS A REQUIREMENT FOR NOTICE, DOCUMENTS HAVE TO BE SUBMITTED TO A VARIETY OF AGENCIES FOR THEIR OPPORTUNITY TO COMMENT ONCE WE START PREPARING THOSE DOCUMENTS. BEFORE THE TOWN BOARD CAN EVER VOTE ON ANYTHING, BY LAW, THEY MUST MAKE A FINAL SEQR DETERMINATION.  BEFORE THEY CAN VOTE YES ON OUR RE-ZONE, BEFORE THE PLANNING BOARD CAN TALK ABOUT SITE PLAN APPROVAL, SUBDIVISION APPROVAL, THE ENTIRE SEQR REVIEW PROCESS HAS TO BE COMPLETE.  I JUST WANTED TO POINT THAT OUT.  I CAN CONCEIVABLY SEE MYSELF STANDING HERE A YEAR FROM NOW OR LATER, ASKING THE TOWN BOARD AT THAT TIME TO FINALLY MAKE THEIR SEQR DETERMINATION BECAUSE I BELIEVE THAT THE SCOPE AND DEPTH OF WHAT YOU ARE GOING TO ASK US TO DO IS GOING TO BE SUBSTANTIAL. SO LET ME GET TO WHAT WE AS THE APPLICANT PREPARE AS THE DRAFT SCOPING DOCUMENT. TO TALK ABOUT THE PROJECT A LITTLE BIT MORE BECAUSE WE HAVE HERE JUST UNDER 2300 ACRES OF LAND ALL IN THE TOWN OF LAKE LUZERNE   THE ENTIRE PROJECT THAT WE ARE

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PROPOSING IS EXCLUSIVELY IN THE TOWN OF LAKE LUZERNE.  THE CONCEPT PLAN IS HAVING UP TO ( AND THIS IS CRITICAL) UP TO 2400 HOUSING UNITS PLUS HAVING SOME COMMERCIAL COMPONENT, WHICH WOULD BE RELEVANT TO THE VILLAGE SETTING, RESTAURANTS, SMALL RETAIL SHOPS.  MIXED USE HOUSING SUCH AS HAVING OFFICES ON THE F FIRST FLOOR AND APARTMENTS ON THE SECOND FLOOR OR CONDOMINIUMS ON THE SECOND FLOOR. THOSE TYPES OF THINGS, UNITS THAT COULD SERVICE THE RESIDENTS WHO ARE HERE AS WELL AS THE VISITORS WHO ARE HERE. WE ARE TALKING ABOUT HAVING UPSCALE RENTAL UNITS AS WELL AS A VARIETY OF HOUSING TYPES, CONDOMINIUMS, COTTAGE LOTS, ESTATE LOTS AND CONVENTIONAL SINGLE FAMILY HOMES.  WE UNDERSTAND THAT WE ARE IN THE HADLEY LUZERNE AS WELL AS CORINTH SCHOOL DISTRICTS. DURING THE PROCESS WE ARE GOING TO HAVE TO GET LETTERS AND COMMUNICATIONS, HAVE DIALOGUE WITH THEM TO TALK ABOUT THE IMPACT THE PROJECT AS WE DESIGN IT IS GOING TO HAVE ON THIS COMMUNITY.  WHEN WE DO THIS PROJECT, 2400 UNITS ARE NOT GOING TO BE BUILT IN ONE YEAR.   IT IS NOT GOING TO BE BUILT IN 10 YEARS.  MOST LIKELY IT IS GOING TO BE 15 TO 20 YEARS.  SO WE HAVE ALREADY HAD A DIALOGUE WITH THE TOWN UNDERSTANDING THAT, WE HAVE A MARKET STUDY, WE HAVE A CONCEPT OF WHAT IS GOING TO HAPPEN HERE.

        AT A CERTAIN POINT IN TIME, LET'S SAY FOR GENERALITY PURPOSES, THERE'S ONLY GOING TO BE ONE CAR THAT'S GOING TO COME UP DURING THE PEAK HOURS BECAUSE OF THIS PROJECT.  THEN  LET'S SAY IT'S  100 CARS  DURING PEAK HOURS AND IT TURNS OUT WHEN WE DO THE FIRST PHASE, WE WERE WRONG AND IT'S NOT.  WE HAVE TALKED ABOUT AN ALTERNATE DOCUMENT IN MITIGATION FOR BENCHMARKS, STOPS IN THE PROCESS FOR THE TOWN AND THE LANDOWNER TO SEE IF SOMETHING IS DIFFERENT THAN ANTICIPATED.  SO WE TALKED ABOUT PROTECTIVE MEASURES AS WE GO ALONG AND THOSE WILL BE DISCUSSED AS WE GO THROUGH THE PROCESS.   WE ARE TALKING ABOUT A VARIETY OF RECREATIONAL FACILITIES ON THE PROPERTY, WE ARE TALKING ABOUT CREATING OUR OWN WATER AND SEWER SYSTEM, WE HAVE ENGINEERS TO DESIGN ALL THAT. MICKEY HAS ALREADY STARTED TESTING FOR WELL WATER AND THE CAPACITIES.  HE DID HIT ONE WELL RECENTLY WITH 100 GALLONS PR MINUTE AND THEY ARE NOW LOOKING FOR BACKUP WELLS.   IT WILL BE A PUBLIC WATER SYSTEM WHICH WILL BE OWNED BY A STATE CREATED ENTITY CALLED A TRANSPORTATION CORP., REGULATED BY THE STATE OF NEW YORK AND THE PUBLIC SERVICE COMMISSION.  THE PROJECT AS DESIGNED WILL HAVE 1600 ACRES OF OPEN SPACE, GREEN AREAS THAT ARE PRESERVED FOR RECREATIONAL PURPOSES OR LEFT FOREVER WILD AND THOSE WILL BE BROUGHT OUT AS THE PROJECT IS DESIGNED FURTHER.  WITH REGARD TO

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THE PROJECT ITSELF, WE TALK ABOUT THE EXISTING LAND USE AND ZONING.   WHAT IS THE ZONING FOR THIS PROPERTY AND HOW DOES THAT RELATE TO THE ZONING MY CLIENTS PROPOSE TO PUT HERE AND WHAT ARE THE IMPACTS OF CHANGING THE ZONING?  SECONDLY, WE TALK ABOUT THE VISUAL IMPACT?  WHAT ARE THE NEIGHBORS AND THE SURROUNDING COMMUNITIES GOING TO SEE ON THIS PROJECT?   WHAT IS THE IMPACT OF THE DEVELOPMENT, THE POTENTIAL REDUCTION OF VEGETATION, BECAUSE WE ARE GOING TO BE CLEARING. WHEN WE BUILD COMMUNITIES IN THESE AREAS, THERE WILL BE HOUSING, WHAT IN FACT SHOULD THE RESIDENTS AND SURROUNDING COMMUNITIES SEE AT THIS PROJECT? (POINTING TO MAP) THE WEST MOUNTAIN SKI CENTER IS DOWN HERE.  WE ALSO HAVE TO LOOK AT THE SOILS AND TOPOGRAPHY.  WE HAVE TO LOOK AT THE STEEP SLOPES AND LOOKING AT THE SOILS, DEC TALKS ABOUT HOW THE ROADS WILL BE BUILT AND HOW ARE WE GOING TO GET THE MATERIALS, ETC.?  OBVIOUSLY DEC IS THINKING ABOUT THE TRUCK TRAFFIC IMPACT COMING IN AND OUT OF COMMUNITIES, TOWN AND STATE ROADS, WHAT KIND OF HOMES ARE WE GOING TO BUILD?  WE HAVE SOME UNIQUE DESIGNS. WE HAVE A COMPANY OUT OF SILVER SPRINGS MARYLAND. THEY HAVE WON NATIONAL AWARDS EVERY YEAR FOR THE LAST 16 YEARS AND THEY WILL BE HERE AT THE FORMAL PUBLIC HEARING AS WILL THE MARKETING STUDY PERSON.  I APOLOGIZE TO THOSE WHO REALLY DON'T UNDERSTAND THE PROCESS THAT THIS IS REALLY NOT A QUESTION AND ANSWER. WE ARE HERE TO GIVE YOU WHAT THE PROJECT IS, WHAT WE THINK THE ISSUES ARE,  AND THEN WHAT THE TOWN BOARD AND WHAT WE ARE LOOKING FOR.   WE ARE NOT LOOKING FOR YOU TO ANSWER TODAY.   THERE IS AN OPPORTUNITY FOR WRITTEN COMMENT FOR 30 DAYS TO GO INTO THE COMMUNITY AND TALK ABOUT IT AND SEE IF THERE IS SOMETHING THAT WE HAVE FORGOTTEN.  WE ARE LOOKING AT THE BIOLOGY OF THE VEGETATION, THE PLANTS AND ANIMALS WHO LIVE IN THE COMMUNITY. ARE THERE ANY PROTECTED SPECIES, WHAT ABOUT STREAM QUARTERS?   DEC HAS ALREADY INDICATED THAT THERE ARE NYS DEC WETLANDS AS WELL AS CLASSIFIED STREAMS WHICH ARE MORE HEAVILY REGULATED THAN ARMY CORP WETLANDS. WE DEAL WITH ARMY CORP WETLANDS AS WELL.  WITH REGARD TO DEC, NOT ONLY DO YOU WORRY ABOUT THE WETLANDS AREA THEMSELVES, BUT DEC REQUIRES THAT IF YOU DISTURB WITHIN 100 FT OF THE WETLANDS YOU HAVE TO GET PERMITS AS WELL..   SURFACE AND GROUND WATER RESOURCES, RUNOFF FROM THE PROPERTY ABOVE AND UNDERGROUND WATER.  HOW WILL IT BE IMPACTED/PROTECTED?.  STORM WATER  RUNOFF MAINTENANCE.  NYS HAS VERY STRICT GUIDELINES, AND WE HAVE TO SUBMIT REPORTS AND THEY REQUIRE A STORM WATER MANAGEMENT POLLUTION PREVENTION PLAN FOR APPROVAL.  UNDER NYS DEC REGULATIONS YOU ARE ONLY

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ALLOWED TO DISTURB 1 ACRE AT A TIME.  OBVIOUSLY ON A PROJECT LIKE THIS THAT WILL NOT WORK AND WE WILL HAVE TO ASK THEM FOR A WAIVER OF THAT 1 ACRE, AND EVEN A WAIVER FOR 5 ACRES WHICH WILL REQUIRE ADDITIONAL SCRUTINY BY NYS DEC IF THE PROJECT WERE TO BE APPROVED.   

WATER AND SANITARY SEWERS:  HOW WILL WE ADDRESS THAT?  WE WILL HAVE OUR OWN SEWAGE TREATMENT PLANT?  ISSUES WILL BE ADDRESSED HOW TO MAINTAIN THOSE.

TRAFFIC AND TRANSPORTATION:  TRAFFIC STUDY WILL BE DONE LOOKING AT THE LEVELS OF SERVICE ON THE EXIT 18 RAMPS, EXIT 16 RAMPS, EAST RIVER DRIVE, CALL STREET, CORINTH ROAD, WEST MOUNTAIN ROAD INTERSECTIONS AT  PITCHER ROAD, LUZERNE ROAD, MAIN STREET AND  EAST RIVER ROAD, MAIN STREET AND PALMER AVE.  THOSE ARE THE INTERSECTIONS WE FELT WE NEED TO ADDRESS WHEN GOING THROUGH THIS PROJECT.  WE ANTICIPATE LOOKING AT THOSE IN THE A.M. PEAK HOURS,  P.M. PEAK HOURS DURING THE WEEKDAY DURING THE SCHOOL YEAR AS WELL AS THE WEEKENDS.  WE ARE ANTICIPATING THAT A VERY HIGH PERCENTAGE OF FOLKS WILL BE LOOKING AT THIS AS A SECOND HOME, VACATION HOME AND THAT A GOOD NUMBER OF TRIPS WILL BE WEEKENDS WHICH NORMALLY DOESN'T HAPPEN WITH A SINGLE FAMILY RESIDENTIAL DEVELOPMENT.

SOCIAL ECONOMIC FACTORS;  WHAT IS THE DEMOGRAPHIC THAT EXIST IN THE COMMUNITY NOW, WHAT KIND OF DEMOGRAPHICS ARE  WE ATTEMPTING TO BRING TO THE COMMUNITY AND HOW DOES THAT IMPACT THE COMMUNITY.?  WE ARE TALKING ABOUT HOW DOES THAT IMPACT THE POPULATION OF COMMUNITY, THE RESOURCES OF THE COMMUNITY AND WHAT IS THE IMPACT TO THE TAX BASE AND DOES IT POSITIVELY OR NEGATIVELY IMPACT THE TAXES ON THE REST OF THE PROPERTY IN THE COMMUNITY?  THOSE ARE ISSUES THAT OBVIOUSLY THE TOWN BOARD IS CONCERNED ABOUT AND ALL THE RESIDENTS ARE CONCERNED ABOUT. WE PUT THAT IN OUR DOCUMENT RIGHT UP FRONT.  COMMUNITY FACILITIES,: AS I SAID EARLIER, POLICE, FIRE AND EMERGENCY SERVICES:    WHAT ARE RESPONSE TIMES FROM OUR PROJECT TO THOSE PLACES?   WILL THERE BE NEED FOR ADDITIONAL SERVICES?   WHAT IS THE CONSTRUCTION OF THESE HOMES GOING TO BE LIKE WITH REGARD TO THESE MIXED USE FACILITIES WITH APARTMENTS, CONDOMINIUMS, COMMERCIAL ON FIRST FLOOR RESIDENTIAL ON SECOND FLOOR, HOW DO THEY COMPLY WITH THE STATE BUILDING CODE, HOW CAN WE WORK WITH FIRE DEPT TO BETTER PROTECT RESIDENTS? 

SCHOOLS:  WHAT IS THE IMPACT ON THE SCHOOL DISTRICTS.  I KNOW MICKEY HAS TALKED TO ONE DISTRICT SUPERINTENDENT, BUT WE HAVE TO UNDERSTAND THE CAPACITY OF THE SCHOOL, CLASSROOM SIZES, ETC.

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SOLID WASTE:   OBVIOUSLY GARBAGE IS GOING TO BE GENERATED HERE. HOW DOES THAT GET REMOVED FROM THE SITE, C&D WASTE, IN FACT DEC SPECIFICALLY ASKED ABOUT THAT, WHAT'S GOING TO HAPPEN WITH EXCESS TREE MATERIAL, WHERE WILL THAT GO? HOW WILL THE LANDFILLS BE IMPACTED.

RECREATIONAL FACILITIES:  PARKS, OPEN SPACE, WHO CAN USE THEM.?   MY OFFICE GETS INVOLVED WITH A LOT OF HOMEOWNERS ASSOCIATIONS AND CONDOMINIUM ASSOCIATIONS.  AND AS WE HAVE INDICATED IN THE PAST, THIS IS  GOING TO BE A MULTI TIERED HOMEOWNERS ASSOCIATION AND SOME CONDOMINIUM ASSOCIATIONS WHICH WILL BE RESPONSIBLE FOR A VARIETY OF OPEN SPACE. THERE WILL BE OPEN SPACES AVAILABLE TO THE PUBLIC, THERE MAY BE AREAS AVAILABLE ONLY TO THE RESIDENTS WHO LIVE IN THERE, THAT IS SOMETHING THAT WILL BE DISCUSSED AS WE GO THROUGH THE PROCESS.  WE ARE TALKING ABOUT A VARIETY OF RECREATIONAL ACTIVITIES AND ACTIVE AND PASSIVE AREAS OPEN TO JUST THE RESIDENTS THERE AS WELL AS THE COMMUNITY IN GENERAL.   THE EXACT AREAS IN THE SCOPE OF IT ALL IS GOING TO BE DISCUSSED GOING THROUGH THE PROCESS ITSELF.   THE NEXT THING TO LOOK AT IS HISTORIC AND CULTURAL RESOURCES.   WE WILL BE REQUIRED, AND DEC SAYS WE HAVE TO DO AN ARCHEOLOGICAL STUDY TO SEE IF ANY AREAS NEED TO BE PROTECTED OR ANY ARTIFACTS THAT NEED TO BE PRESERVED ON THE PROPERTY.   WHEREVER THERE WILL BE DISTURBED AREAS THERE WILL HAVE TO BY ANALYSIS.  IN ADDITION TO THOSE ISSUES, WE LOOK AT THE SHORT TERM DESTRUCTION, THE DUST, ETC., THE TRUCKS THAT WILL GO IN AND OUT OF THE SITE DURING THE CONSTRUCTION PERIOD, AND ONCE CONSTRUCTION IS COMPLETED, WHAT IN FACT ARE THE LONG TERM IMPACTS OF THIS PROJECT?   WE HAVE TO LOOK AT ALTERNATIVES AS WELL.   DEC REQUIRES US TO LOOK AT, WHAT IF NOTHING HAPPENS ON THIS PROJECT, EVER?  THEY CALL IT "NO ACTION" AND THIS LAND IS LEFT VACANT AND NEVER DEVELOPED?  WHAT IS THE IMPACT ON THE COMMUNITY ON THAT.?  I HAVE TO SAY THAT MICHAEL BRANT, ONE OF THE PARTNERS HERE, HAS OWNED THIS LAND FOR 44 YEARS, HE HAS PAID TAXES ON THAT PROPERTY FOR ALL THAT PERIOD OF TIME, AND HE BELIEVES THAT NOW IS AN APPROPRIATE TIME FOR HIM. HE DID TALK SEVERAL YEARS AGO ABOUT DEVELOPING IT, THERE WAS AN ENVIRONMENTAL IMPACT STATEMENT DRAFTED AT THAT POINT IN TIME AND SOME OF THESE ISSUES WERE ADDRESSED, BUT CHRIS ROUND AND I HAVE TALKED AND WE HAVE TO UPDATE ALL OF THAT, OBVIOUSLY THE SOIL CONSISTENCY ISN'T GOING TO CHANGE, THE FLORA AND FAUNA WILL CHANGE, THE ARCHEOLOGY ISN'T GOING TO CHANGE OVER THE LAST 20 YEARS,   WE HAVE TO ANALYZE THE MIX OF USES,   WE ARE

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TALKING ABOUT MOM AND POP STORES, BOOK STORES, WE DON'T WANT TARGET, WAL-MART, HOME DEPOT, THAT IS NOT IN CHARACTER WITH WHAT WE ARE PROPOSING HERE.   DIFFERENT TYPES OF HOUSING MIXES.   A VARIETY,   THERE IS EVEN A TREE HOUSE DESIGN WHICH TAKES INTO CONSIDERATION  VIEW AND VEGETATION.   OUR FIRST PHASE PROPOSES UP TO 700 UNITS .  THEN WE TAKE A LOOK BACK AND SEE IF WHAT WE PROPOSED IN THE BEGINNING, THE IMPACTS ON THE COMMUNITY, SCHOOLS ETC, OR DID THE COMPOSITION OF THE COMMUNITY REAL ESTATE MARKET ETC, CHANGE TO CHANGE THE CONCEPT?

WHAT ABOUT THE CHANGES IN SURROUNDING COMMUNITIES, EXAMPLE: THE PROJECT IN MALTA, AMD,  IF THAT COMES IN A SECOND CAMPUS GETS BUILT, THERE COULD BE MORE OF A NEED FOR PERMANENT, NOT VACATION HOMES, LAKE LUZERNE IS NOT THAT FAR FROM MALTA, OR IF SOME NEW INDUSTRY COMES TO THE AREA CREATING A NEED FOR MORE PERMANENT HOUSING.   THOSE ARE THE THINGS THE TOWN BOARD WANTS US TO LOOK AT IN CASE THE DEMOGRAPHICS OF THE AREA CHANGE.     

TRAFFIC ALTERNATIVES, ENERGY CONSERVATION,:  THOSE ISSUES ARE BEING THOUGHT ABOUT BY THE DEVELOPER, DEC AGREED AND ADDED A COUPLE MORE.  DEC'S LETTER IS HERE, PUBLIC RECORD, AND WE ARE  ASKING TONIGHT AND FOR THE NEXT 30 DAYS  FOR YOU, THE PUBLIC, TO COME UP WITH ANY OTHER ISSUES WE NEED TO ADDRESS.  I APOLOGIZE FOR TAKING SO MUCH TIME, BUT BASED ON THE GENTLEMAN'S QUESTIONS AND SOME OF THE COMMENTS I HEARD EARLIER, I THOUGHT IT WOULD BE APPROPRIATE TO EXPAND ON WHAT A SCOPING SESSION IS. AS CHRIS SAID, ONCE WE GET ALL THIS TOGETHER, ALL THE COMMENTS, THEN WE ARE GOING TO SIT WITH THE TOWN AND EXAMINE THE ISSUES, ADD THESE ADDITIONAL ONES, AND THEN WE HAVE TO ADDRESS THEM ALL.  I HAVE ASKED THE TOWN BOARD TO RECEIVE THE REPORTS  WE WILL SUBMIT THEM TO THE TOWN, HAVE CHRIS ANALYZE THEM, HAVE THE PUBLIC LOOK AT THEM, TO BE SURE WE ARE ON COURSE, THEN AS WE GET TO THE WATER AND SEWER ANALYSIS, THE GRADING, ALL OF THOSE THINGS, WE WANT TO SIT AND WORK WITH THE TOWN.   NOT TO BE HERE ONE DAY AND THEN MONTHS LATER COME IN WITH 50 POUNDS OF PAPER.  WE WANT DIALOGUE WITH THE COMMUNITY.  YOU LIVE HERE, WE WANT TO KNOW THAT SOME OF THE ASSUMPTIONS WE HAVE MADE MAY OR MAY NOT BE CORRECT.  ONCE WE HAVE ALL OF THE REPORTS AND ANALYSIS, THAT IS WHAT WE CALL THE DEIS.  BEFORE THAT GETS REVIEWED IN A PUBLIC FORMAL ARENA, THE TOWN BOARD HAS TO DETERMINE THAT THE DEIS IS COMPLETE FOR COMMENT,  IT DOESN'T MEAN THAT THEY AGREE WITH WHAT WE WRITE OR THAT THEY AGREE WITH OUR CONCLUSIONS, ALL THEY ARE SAYING IS THAT ALL OF THE ISSUES RAISED IN THE SCOPING DOCUMENT, WE HAVE TRIED TO RESPOND

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TO THOSE COMMENTS.   AFTER THEY SAY IT IS READY FOR PUBLIC COMMENT, THAT IS WHEN THEY HAVE A PUBLIC HEARING TO REQUIRE A CRITIQUE OF THOSE DOCUMENTS, AND THEN THERE IS OPPORTUNITY TO HAVE VERBAL SAY AND PROVIDE MORE WRITTEN COMMENT.  THE DEIS WILL BE COPIED TO THE TOWN BOARD THE PLANNING BOARD, ALL THE INVOLVED AGENCIES, TOWN HALL, LIBRARIES, AND WHEN WE HAVE THAT PUBLIC HEARING THERE WILL BE A PUBLIC STENOGRAPHER FOR THE PUBLIC COMMENT, THEN THE QUESTIONS AND CONCERNS RAISED ABOUT OUR DOCUMENT, WE ALONG WITH THE TOWN BOARD, ENGINEER, ATTORNEY, ETC, HAVE TO ADDRESS THE PUBLIC CONCERN, IF WE MISSED IT, AND IT, OR ANY ADDITIONAL COMMENTS, WILL BE ADDRESSED. AT THAT TIME THE FDEIS WILL BE WRITTEN.    

IF THE TOWN BOARD ADOPTS THE FINDINGS STATEMENT AND ISSUES THE APPROPRIATE SEQR FINDINGS FOR US, THEN WE HAVE TO GO THROUGH THE REZONE OR PDD, THEN THAT IS A ZONING CHANGE.  THERE MIGHT BE A JOINT HEARING OF THE PDD AND THE SEQR DOCUMENTS, BUT THAT IS A SEPARATE AND DISTINCT VOTE.  DURING THAT PDD PROCESS, AND BEFORE THE PDD GETS ADOPTED, THE TOWN BOARD WILL REFER THE MATTER TO THE PLANNING BOARD AND LOOK CONCEPTUALLY, AND WHEN I DO PROJECTS, THE FIRST THING THEY NEED TO KNOW IS WHERE IS THE MAIN ROAD, BECAUSE EVERYTHING WORKS OFF THE MAIN ROAD. WE ARE GOING TO WORK WITH THE TOWN AND PLANNING BOARDS GOING THROUGH WORKSHOPS AND MEETINGS TO TALK ABOUT WHERE IS THE BEST AND APPROPRIATE  PLACES FOR THE ROAD. THAT'S  IMPORTANT FOR GRADING PURPOSES, WHERE WATER AND SEWER LINES ARE GOING TO GO, WHERE STORM WATER MANAGEMENT AREAS ARE GOING TO BE, ETC, AND WHERE THE VISUAL IMPACTS ARE.    THESE ARE THINGS THAT HAVE TO BE DONE WORKING IN CONJUNCTION WITH THIS.  AT THE SAME TIME, WHEN WE TALK ABOUT THE PDD, IT IS IN FACT A WRITTEN DOCUMENT WHICH TALKS ABOUT THE RESULTS OF THE FINDINGS STATEMENT UNDER SEQR  WHICH ANTICIPATES HOW MANY HOUSES, THE PRICE, THE LOCATIONS  OF THE AREAS GOING THROUGH THAT ENTIRE PROCESS, AND THEN AFTER WE GET THE PDD APPROVED, THEN WE GO BACK TO THE TOWN PLANNING BOARD FOR A FORMAL REVIEW  FOR THE ACTUAL SUBDIVISION AND SITE PLAN REVIEW, BECAUSE THE PLANNING BOARD CAN'T ADOPT SITE PLAN BECAUSE THE ZONING HASN'T BEEN ADOPTED YET.  SO IT IS ONLY AFTER SEQR, ONLY AFTER PDD IS ADOPTED, CAN WE REALLY GO TO THE PLANNING BOARD FOR DETAILED SITE PLAN AND SUBDIVISION.  OBVIOUSLY, WE WANT TO WORK TOGETHER DURING THE ENTIRE PROCESS, SO IN SOME WAYS IT IS A THREE PRONGED APPROACH TO IT ALL; BUT THE FIRST THING THAT HAS TO BE DONE IS THE DEIS, FDEIS SEQR REVIEW PROCESS, THEN THE

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PDD AND THEN THE SITE PLAN APPROVAL AND SUBDIVISION APPROVAL.  BASED ON MY EXPERIENCE IN DOING A VARIETY OF THESE PROJECTS, I CAN SAFELY SAY THAT WE WILL BE HERE A YEAR FROM NOW BEFORE ANY FINAL DETERMINATIONS ARE GOING TO BE HAD WITH REGARD TO THE PROJECT.   BASICALLY, THAT IS THE SCOPING DOCUMENT, THAT IS THE PROCESS AND I AM MORE THAN HAPPY TO ANSWER ANY QUESTIONS IN REGARD TO THAT.

STANLEY GOLDBERG -  COULD YOU CLARIFY THE HADLEY LUZERNE/CORINTH SCHOOL DISTRICT SPLIT, IS THAT GEOGRAPHIC ISSUE?

CHRIS ROUND – WE NEED TO CAPTURE NAME. WE ARE WRITING A TABLE OF CONTENTS AND THE OUTLINE FOR THE ENVIRONMENTAL IMPACT STATEMENT, SO WE WANT TO MAKE SURE WE CAPTURE WHAT YOU WANT IN THAT  ,.  I KNOW THERE IS A BIG NEED TO UNDERSTAND WHAT THE PROJECT IS AND WHAT THE INFORMATION IS, SO TO THE EXTENT WE CAN RESPOND TO SOME THINGS QUICKLY WE'LL ASK THE APPLICANT TO DO THAT, BUT WE WOULD REALLY LIKE TO HAVE YOU FOCUS ON WHAT IT IS THAT YOU WANT TO SEE ANALYZED IN THE EIS, BUT PLEASE IDENTIFY YOURSELF FOR THE RECORD.  

MICKEY RICCIARDI -  IT IS A STRANGE LINE, ABOUT 50-50, AND THE MAP WILL BE INCORPORATED WITH ONE OF OUR MAPS IN THE DEIS.

STANLEY GOLDBERG – IS THAT AN ISSUE THAT EITHER ONE OF THE SCHOOLS HAVE TO SAY ABOUT IT, IN OTHER WORDS IF THERE IS A PROJECT AND THERE ARE HOMES AND THERE ARE STUDENTS, THEN IT IS A GIVEN THAT THEY MUST TAKE THOSE STUDENTS?

MR. ZEE:  YES

GOLDBERG: THEN WHAT IS THE ISSUE OF SPEAKING TO THEM?

MR. ZEE - WE HAVE TO DISCUSS WHAT ARE THE CAPACITIES AND WHAT IS THE IMPACT  FOR INSTANCE, IF WE ARE TALKING ABOUT CONDOMINIUMS WITH TWO BEDROOMS IN AN AREA, THAT MOST LIKELY WILL NOT GENERATE THE SAME NUMBER OF SCHOOL AGE CHILDREN THAN A CONVENTIONAL SINGLE FAMILY HOME WITH 4 BEDROOMS AND 2 ½ BATHS.

FRANCINE FORTE – LAKE TOUR ROAD -  I AM GETTING A MIXED MESSAGE, IN YOUR PRESENTATION YOU MAKE MENTION OF YOUR MARKET.  WHO

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ARE YOU ACTUALLY GOING TO MARKET TO, RETIRED COMMUNITIES, SECOND HOMES, AND IF YOU ARE, IT SEEMS TO ME THAT IT WOULDN'T HAVE THAT MUCH IMPACT ON THE SCHOOL SYSTEM IF THOSE ARE THE TWO MARKETS YOU ARE MARKETING.

MR. ZEE - AND I AGREE WITH YOU 100%,  AND THAT IS WHAT WE BELIEVE WHAT OUR MARKET IS, BUT I BELIEVE THAT THE SCHOOL DISTRICT AND OTHER RESIDENTS WANT US TO DEMONSTRATE WHY WE BELIEVE THAT IS GOING TO BE OUR MARKET, AND THAT IS WHY WE HAVE TO PRESENT THAT INFORMATION.  JUST BECAUSE WE SAY IT, THE PUBLIC DOES NOT NECESSARILY AGREE WITH IT.   SO WE NEED TO PUT THAT IN WRITING, TELL YOU WHY OUR ASSUMPTIONS, WE BELIEVE, ARE CORRECT.  

ROBERT FORTE – WE ARE GOING THROUGH THE PROCESS OF UPDATING THE TOWN COMPREHENSIVE  PLAN. IF SEEMS TO ME THAT  A PROJECT OF THIS SIZE SHOULD BE PART OF THE COMPREHENSIVE PLAN OR WHAT YOU WANT TO DO SHOULD BE PRESENTED TO THAT COMMITTEE.   I WOULD THINK THAT SOME REPRESENTATION OF YOUR COMPANY SHOULD BE AT THE AUG 8 MEETING TO PRESENT WHAT YOU HAVE.     OR MA