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BUILDING AND ZONING DEPARTMEN’ Town of Middletown Village of Fleischmanns Code Enforcement Officer Hiram Davis PO Box 577 Secretary/Clerk — Beth Bush Margaretville, NY 12455 Telephone: 845-586-2344 Fax: 845-586-1775 June 4, 2021 Town Board Town of Middletown RE: Requested amendment to the Zoning Law Dear Board Members, The Town of Middletown Planning Board reviewed the attached information received by the Planning Board to ‘amend the zoning law to change the definition of Resort as stated. The Planning Board does not feel this is a necessary amendment to the Zoning Law. Thank you for your immediate attention to this matter. Sincerely, Mime Sec —— Hiram Davis Code Enforcement Officer March 31, 2021 Carl Patrick Davis, Supervisor Members of the Town Board Town of Middletown P.O. Box 552 Margaretville, NY 12455 RE: Text Amendments to Middletown Zoning Law Dear Supervisor Davis and Members of the Town Board: Crossroads Ventures, LLC is very pleased to provide to you the following: 1, Suggested zoning text amendments to the Middletown Zoning Law, prepared by our attorneys, Whiteman Osterman & Hanna LLP. 2. A draft of an expanded Full Environmental Assessment Form (“FEAF”) prepared by our engineers the LA Group By way of background, the Belleayre Resort at Catskill Park project was conceived in the 1990's by Dean Gitter as a first-class vacation resort destination located on lands to the west of Belleayre Mountain Ski Center. Dean’s vision for this resort included a component for fractional ownership of units (i. time-shares) within that part of the resort known as Front 9 Village. In 2015, the management of Crossroads Ventures was transferred to Kenneth Pastemak, who continues to move the project forward. In 2016, following an exhaustive environmental review spanning over a decade, the Middletown Planning Board issued Special Use Permit Approval and Site Plan Approval to Crossroads Ventures. These approvals were recently extended through March 2022. Since receipt of the original approvals, in marketing the project, it was well received conditional to it being in condominium form. There is no demand for time share projects in timeshare form in the Northeast. However, Crossroads is optimistic there is developer and investor demand for a condominium product at the Belleayre project. 6 Galli Curci Road + P.O. Box 446 * Highmount, New York 12441 ph: 845/254-4090 + fx: 845/254-4073 During the environmental review process, the number of approved units in the project was reduced to the bare minimum. From an economic standpoint, however, it is the sale of these ‘units, not the hotels, that will help fund the majority of the significant project infrastructure costs, ‘Therefore, the evolution of the project to include ‘condominiums is necessary to attract the investors needed to develop the project. Should the Middletown Town Board amend the text of the Town's zoning law as attached, in addition to the modified definition, condominiums would be specifically allowed as a special permit use in all the Zoning Districts in the Town except Industrial. Therefore, as part of the addendum to the FEAF, an environmental analysis is provided that builds on the prior environmental review and assesses whether the text amendments, as applied to the project, may result in any potential significant adverse environmental impacts. Importantly, there would be no physical changes to the project site or building exterior footprints as a result of the text amendments. We look forward to working with you and the Town Board and the consideration of these zoning text amendments, Very truly yours, Kenneth Pasternak @ Enclosures cc: Daniel Ruzow, Esq. TOWN OF MIDDLETOWN ZONING AMENDMENTS FOR CONDOMINIUM DEVELOPMENT Modify Section 202 “Definition of Key Terms” to Middletown Zoning Law Resort- A facility without form of ownership constraints ro inane, condominium ownership. for tehsient-ow ners or guests where the primary attra generally recreational facilities or activities. SCHEDULE 1 SEQRA ANALYSIS OF TEXT AMENDMENTS AS APPLIED TO BELLEAYRE RESORT AT CATSKILL PARK 1. Introduction On January 14, 2016, the Middletown Planning Board issued a Special Use Permit and Site Plan Approval for the Belleayre Resort at Catskill Park project located on lands to the west of Belleayre Mountain Ski Center. One component of the approved project is 165 fractional-ownership units, These units consist of the following: * 16 units in duplex buildings near the Highmount Hotel, * 53 units within the Highmount Hotel, + 27 units in the Highmount Lodge, and * 69 units in the West Village. Fractional ownership units continue to be in low demand nationwide, and the owner firmly believes that having only this type of ownership of units available within the resort has hampered their ability to attract investment in the project. Therefore, allowing for condominium ownership of the 165 units, instead of fractional ownership, will enhance the ability to attract investors for the project. 2, Background - The Original Belleayre Resort at Catskill Park Project The original Belleayre Resort at Catskill Park project proposed development within the Town of Middletown (and Shandaken) of a Resort including hotels, lodges and integral accessory uses to be known as the Belleayre Resort at Catskill Park. New York State Department of Environmental Conservation acted as Lead Agency, Pursuant to the New York State Environmental Quality Review Act (“SEQRA”). A draft (September 2003) and a supplemental draft (April 2013) environmental impact statement was prepared for the project and final (September 2015) environmental impact statement was thereafter repared to address certain changes to the project. On December 2, 2015, the NYSDEC issued SEQRA Findings regarding the project, as modified. The Middletown Planning Board, thereafter, issued an involved agency SEQRA Findings Statement on January 14, 2016 and adopted resolutions granting Site Plan approval and a Special Permit for the modified Belleayre Project which included two hotels, a conference center, recreational amenities, community centers central water and sewer, and several duplexes and multiple unit buildings (the “Project”) Among the 2016 SEQRA findings that were then made by the Planning Board, included, among other things: The Project is a use permitted under the Middletown Zoning Ordinance and is consistent with the Town's Comprehensive Plan, thus avoiding all adverse impacts to the maximum extent practicable. The Project will avoid or mitigate all adverse impacts to the Town's historical or cultural resources to the maximum extent practicable, and indeed will benefit the Town's historic and cultural fabric by preserving and adaptively reusing two historic properties. [T]he Project will produce substantial, much-needed socio economic benefits to the Town and will avoid or mitigate any adverse socioeconomic impacts to the maximum extent practicable. [1] the Project also would generate significant future tax revenues to Delaware and Ulster Counties, Onteora and Margaretville school districts, and other taxing districts. For example, the SDEIS demonstrated that the properties on which the Project would be located generated about $87,300 in annual tax revenues in 2007 Following construction of the Project, the SDEIS estimated that the properties could generate over $2.16 million annually, representing a 2,375 percent increase of the fiscal year 2007 tax revenue. The updated tax table I the FEIS show similar substantial expected tax revenues from the Project. [T]he Project will avoid or mitigate any potential adverse environmental impacts duc to traffic to the maximum extent practicable, particularly through required conditions provided in the site plan and special permit resolution 3. The Proposed Text Amendments to the Town Zoning Law as applied to the Belleayre Resort at Catskill Park ‘The proposed text amendment revises the definition of Resort to include owners as well as guests. The proposed text amendment will allow for condominium ownership of units within Resorts within the Town, The Zoning text amendment will have no impact on the previously approved building envelopes for the structures on the Project site. No changes to the buildings are proposed, or other. physical changes to the overall site from the original approved plans. Rather, the zoning amendment will provide the owner with the enhanced marketing opportunities for the Project as condominiums. As a result of the text amendment, if approved, the owner would be authorized to market the Project to potential purchasers of units in a condominium form of ownership within the development. Specifically, text amendment to the Middletown Zoning Ordinance would authorize ownership of condominium units for the duplexes, multiple unit buildings, and potentially allowing units within the hotels to also be individually owned as condominiums and Jump start the development without physically changing the footprints of the previously approved buildings. It is noteworthy that under New York law, “form of ownership” should not be a consideration under a local zoning regulation. Zoning should address the use of land, not the person that owns it, or occupies it (ie. as a time share or individually owned), 4. The Need for Supplemental Environmental Review ‘As noted in the 2015 NYSDEC Findings Statement, the Project included two components: first, Wildacres included a 250-rooom hotel, ancillary hotel uses, plus 163 lodging units in multi- unit buildings operated by but detached from the hotel; and the second, Highmount Spa that would include a 120 unit hotel with spa facilities; Also located in the hotel/spa building are 53 fractional ‘ownership units. A multi-level lodge building is proposed near the hotel/spa and will contain 27 fractional ownership units. Sixteen (16) detached lodging units in 8 duplex buildings are also proposed. (NYSDEC Findings Statement P. 5-6). Fractional ownership units continue to be in low demand nationwide, and the owner strongly believes that having this type of ownership of units available within the resort has hampered their ability to attract investment in the Project. Crossroads Ventures believes that allowing for condominium ownership will enhance their ability to attract investors for the Project. Based on the ongoing unfavorable market conditions relating to the development of fractional ownership units (i.e. time shares), the Project has not progressed and has been significantly delayed. Consequently, the zoning text amendment authorizing the change in the form of ownership from the fractional ownership units as previously approved, to condominium units would significantly improve the ability of the owner to bring the Project to fruition. No other ‘changes to the overall approved development are proposed; only how the units would be owned. 5. The Expanded Supplement Environmental Review ‘The existing Site Plan approval and the Special Permit for the Project have been extended to March 2022. The implications on the Zoning text amendment to allow a condominium form of ownership should be evaluated to determine whether they may result in potential new environmental impacts, as applied to the prior environmental review and previously approved Project. Consequently, an evaluation of several relevant environmental topics has been performed including potential impacts on traffic, water and sewer services and the Margaretville Central School District This review under SEQRA supplements the original detailed environmental review of the Project performed by NYSDEC, as Lead Agency, and the Town of Middletown Planning Board, as an Involved Agency, so that the required permits and approvals for the Project can be issued with a complete and updated analysis of any new potential adverse environmental impacts This expanded supplemental environmental assessment form (EAF) has been prepared for the Town of Middletown Town Board to evaluate the potential environmental impacts of the text amendment as applied to the Project. This analysis builds upon the prior environmental revie and includes a detailed analysis of any potential adverse environmental impacts associated wit the Project that may have not been considered in the EIS’s for the original Project and which updates, as needed, the analysis of potential adverse impacts considered in the EIS for the original project. Based on the analyses contained herein, the Project (with condominium ownership)—like the original project—will not result in any unmitigated significant adverse environmental impacts and that, therefore, the Town of Middletown Town Board will be able to issue a “negative declaration,” i.e, a determination that the text amendments and as applied to the Project will not have adverse environmental impacts and, therefore not require the preparation of a second supplemental EIS. In the event, however, that the Middletown Town Board determines that the text amendment as applied to the Project may have any significant adverse environmental impacts, this expanded supplemental EAF has been prepared in sufficient scope and detail that it can be submitted to the Middletown Town Board as a proper supplemental review. Consistent with the New York State Environmental Quality Review Act (Environmental Conservation Law [Article 8] and its implementing regulations [6 NYCRR § 617 et seq.]) (collectively, “SEQRA”), this expanded supplemental FEAF has been prepared to ensure that the ‘Town Board, together with other involved agencies, if any, and the public, are able to carefully analyze and take a “hard look” at potential significant adverse environmental impacts of the proposed action (i.e. zoning amendments) and as applied to the Project. ‘The entire SEQRA process is structured to allow for the examination of identified relevant environmental issues by technical experts, agencies and the public in order that the Town Board may make a reasoned and informed decision, ‘The environmental issues identified include: A. Beneficial Impacts * Continued economic growth in the development of the previously approved resort Project with duplexes, multiple unit buildings, and potentially allowing units within the hotels to also be individually owned as condominiums consistent with the Comprehensive Plan. * Increase in tax base and employment. As noted in the EIS’s the Project is expected to substantial monies into the local economy. This is particularly important at a time when the economy is challenged due to the ongoing COVID-19 crisis. The Project, during development and upon opening, is expected to generate significant tax revenue as noted above, create hundreds of jobs, and new property and sales tax revenue, The Town, the County, School Districts and surrounding municipalities, all of which stand to gain substantial positive economic benefits from the development of the project, a first class vacation resort. “The FEIS economic analysis finds that the project would provide significant tax revenues to the Margaretville and Onteora central school districts as well as the counties. (See page 3-80 of the SDEIS). The conclusions on the economic analysis are based upon the full build out of the preferred altemative, and based upon this analysis the jobs and tax revenues from the Modified Belleayre Report would be a significant benefit to the region.” See NYSDEC SEQRA Findings Statement, P. 67, {Note: The economic impacts of the project should not change as full occupancy in evaluating those impacts was assumed during the EIS process. B. Potential Adverse Impacts While each of these topics were previously evaluated during the extensive EIS process, based on the zoning text amendments, they are reevaluated and supplemented to determine whether potential significant adverse impact may result. + Traffic - Potential increase in traffic in the area since prior approval, plus whether changes to condominium use increases traffic volumes and impacts. * Sewer/water ~ Potential increased demand as a result of the condominium use. * School District ~ Potential increase in number of school aged children. C. Analysis of Potential Adverse Impacts 1, Traffic AA traffic assessment was prepared by VHB (“Traffic Assessment”). See Schedule 2. The Traffic Assessment evaluates the original traffic studies, and updates the analysis by examining potential future traffic generation due to the Project and potential change to condominium use. The Traffic Assessment concludes Based on the trip generation assessment and review of traffic volume trends in the study area, the modification of the site development plan to market the residential units as full-time occupancy homes does not warrant further detailed traffic analysis. The transportation mitigation measures included in the accepted FEIS remain the same. 2, Water/Sewer ‘An engineer's report was prepared by LA Group (“Engincer’s Report”) to examine potential adverse impacts on water/sewer services. See Schedule 3. The Engineer's Report examined water/sewer services demands to assess the potential impacts resulting from the change to condominium use, The Engineer's Report evaluated the prior water/sewer analysis in the SDEIS and FEIS, which assumed full occupancy of the resort, and the potential change to condominium use. ‘The Engineer's Report concluded that no increase in demand would occur and would not result any significant adverse water/sewer impact. Specifically, it found: (T]he C.-T. Male water and wastewater design is based on the maximum daily demand and maximum daily flow, respectively, which represent the full build out condition with 100% occupancy. These numbers are true whether the units have fractional ownership or whole ownership. Furthermore, neither the 1998 standards, nor the current 2014 standards differentiate between whole ownership units and fractional ownership units, Both whole ownership condominiums and fractionally owned detached lodging units would fall under the “Single Family Residence” type of use in the 2014 Design Standards. Ownership type is not used when determining the maximum daily demand or maximum daily flow. Because the design flow rates for this project exceed current standards and no additional units/bedrooms are proposed as a result of the ownership change, no changes need to be made to the water and wastewater design and there will be no potential significant adverse environmental impacts. 3. School Distriet The Engineer's Report also examines potential impacts on the Margaretville School District, See Schedule 4, It determined that the resulting increase in enrollment is anticipated to be a maximum of 56 new students in the Margaretville Central School District (and a maximum of 33 new students in the Onteora Central School District; and. and found: In summary, based upon the above data and analyzes of a conservative, worst-case scenario, each district has the capacity to accept the projected level of potential project-related increases in enrollment and no potential significant adverse impact to the School Districts are anticipated. 6. Current SEQRA review by the Town Board Pursuant to SEQRA, New York law clearly establishes that the Town of Middletown Town Board is required to identify relevant areas of environmental concern, take a “hard look” at them, and make a “reasoned elaboration” of the basis for its determination, To support a negative declaration of environmental significance, it must be demonstrated that the information before the board identifies relevant areas of environmental concern, such that the board may take a “hard look” at them and that a reasoned elaboration for the basis of the negative declaration is provided. n of an environmental assessment form, such as this supplemental and expanded FEAF, is to assist the Town Board to determine the environmental significance or non- significance of actions. Even identifying that an impact in Part Il of the FEAF will be “potentially large” does not mean itis also necessarily a significant impact. This expanded supplemental FEAF and the reports and studies submitted herein serve the precise function under SEQRA. Armed with the information, the Town Board is in a position to review in detail all potential environmental impacts and make an informed decision as to whether the proposed action as applied to the Project poses any significant environmental impacts. ‘The information builds on the environmental review that was performed for the original project. As noted above, the proposed action addresses the potential form of ownership of units within the approved Project. ‘This “modification” as demonstrated herein, does not warrant reopening the environmental review for the preparation of a supplemental EIS. In sum, there are no identified unmitigated potentially significant adverse environmental impacts as a result of this proposed action as applied to the Project. SCHEDULE 2 TRAFFIC ANALYSIS soc = Vhb. Ref: 20637.00 Mr, Kenneth Pasternak Crossroads Ventures, LLC PO Box 466 8 Galli Curci Road Highmount, NY 12441 Re: Traffic Evaluation Update, Belleayre Resort at Catskill Park, Towns of Shandaken and Middletown, NY Dear Mr. Pasternak, ‘VHB has completed a traffic assessment related to the construction of the proposed Belleayre Resort at Catskill Park project based on the current development plan. Below is a summary of our assessment: Project History The latest detailed traffic evaluation dated February 14, 2011 was included as Appendix 11 in the Supplemental Draft Environmental Impact Statement (SDEIS) dated March 2013. The February 2011 detailed traffic evaluation included an assessment of a development plan to include 328 hotel units and 301 fractional residential units. The SDEIS mitigation included the following + A fair share contribution towards improvements at the NY Route 28/County Road (CR) 49A/Ow! Nest Road intersection to include construction of a westbound left-turn lane on NY Route 28, construction of a northbound right-turn lane on CR 49A, and installation of a trafic signal. ‘+ Re-alignment of CR 49A in the vicinity of the Wildacres Main Access driveway to improve sight lines and construction of northbound and southbound left-turn lanes to better facilitate the traffic turning into the proposed resort and existing ski center. *+ Clearing of roadside vegetation and embankment grading at the Highmount Spa Resort Driveway. + Clearing of roadside vegetation, embankment grading, and installation of intersection warning signs at the Wildacres Front 9 Village Driveway. The Final Environmental impact Statement (FEIS) was accepted on September 2, 2015 and included minor ‘modifications to the development plan comprising of 370 hotel units and 259 fractional residential units, 'n addition to the mitigation outlined above in the SDEIS, the FEIS included the following: ‘+ The section of CR 49A above the Belleayre Mountain Ski Center upper driveway will be widened to alleviate existing limitations due to horizontal and vertical curves. Engineers: Sclamtste| Planners Designers + Under existing conditions, drainage along the section of CR.49A near the Highmount Ski area is inadequate during heavy storm events, As part of improvements to CR 49A, larger rip-rapped drainage swales will be installed and the culverts that currently carry water under the roadway will bbe replaced to improve the existing drainage conditions. Current Development Plan The current proposal includes the potential for the proposed 259 fractional unit homes to be marketed as year-round single owner units. This change results in a slight modification to the trip generation from recreational homes to single owner condominium units. Although itis anticipated that a large percentage Of the homes within the resort would be second homes, not occupied full time, due to the change in the ‘marketing of the homes, a trip generation comparison was completed to provide a worst case assessment of the potential trip generation at the site if all 259 units were occupied full-time Consistent with the previous analysis completed, the trip generation evaluation focused on the Saturday peak hour condition when the combined residential and recreational traffic will be the highest. Peak hour trip generation for the residential units was estimated using the Institute of Transportation Engineers’ (ITE) publication Trip Generation, 10 Edition’. The number of peak hour trips generated for the 259 homes as fractional units was estimated based on ITE land use code (LUC) 260 for Recreational Homes and as full- time owner units based on ITE LUC 220 for Multi-Family Housing-Low Rise for 16 units and ITE LUC 221 for Multi-Family Housing-Mid Rise for 243 units. The trip generation estimated for the Saturday peak hour is summarized in Table 1. Table 1 Trip Generation Summary Prior Fractional Current Full Time Net Change. Time Period Movement Units * ‘Owner Units ® ‘Saturday Peak Hour Enter 9 38 +10 Exit 4 61 Ea Total 303 120 “7 |2 Trip generation estimate based on ITE LUC 260- Recreational Homes for 259 units 1b hia generation estimate based on ITE LUC 220 for 16 units, LUC 221 for 243 units ‘As shown in Table 1, the change in occupancy of the 259 residential units from recreational homes to full time occupancy units results in an increase of 17 vehicle trips during the Saturday peak hour. As noted, it is kely that a percentage of these units will be second homes that are not occupied full-time; therefore, the additional 17 trips represents @ worst-case impact of the change in the marketing of these units. The addition of 17 peak hour trips equates to approximately one vehicle trip every three to four minutes 1 Trip Generation Manual, 10% Edition, Insitute of Transportation Engineers, Washington D.C, September 2077 a ino during the peak hour on a Saturday. This magnitude of traffic does not warrant a detailed re-evaluation of the traffic analysis. The mitigation measures outlined in the SDEIS remain the same. Historical Traffic Volumes Historical traffic volumes in the study area were reviewed to confirm the current volume trends in the study area do not trigger the need to re-evaluate traffic in detail. Table 2 summarizes average annual daily traffic (ADT) volume trends in the study area on CR 49A and NY Route 28 based on available data from the New York State Department of Transportation (NYSDOT). Its noted that the traffic evaluations completed as part ofthe Belleayre Resort at Catskill Park were conducted based on peak ski season volumes. NYSDOT historical data does not reflect the peak ski season volumes that were evaluated in the SDEIS/FEIS but gives an overall view of general traffic volume trends over time in the study area, Table 2 Historical Traffic Volume Summary Time Period Month/Year AADT* ‘Saturday Midday Peak Hour 2019" 275 472013 290 NY Route 28 (west of Friendship Road) 2019" 2678 5/2106 2,696 4p2013 2731 7/2010 2897 NY Route 28 (east of Friendship Road) 2019" 2491 5/2016 2.508 4p013 2,963 7/2010 2.950 Value estimate by NYSBOT, no month provided 8 Average Annual Daily Trafic ‘As shown in Table 2, volumes in the study area have generally remained relatively consistent with daily traffic volumes on a downward trend. These volume trends in the study area do not indicate the need to re-evaluate the traffic associated with the minor modification to the development plan, Conclusions Based on the trip generation assessment and review of traffic volume trends in the study area, the ‘modification of the site development plan to market the residential units as full-time occupancy homes does not warrant further detailed traffic analysis. The transportation mitigation measures included in the accepted FEIS remain the same, If you have any questions on the above evaluation, please call Sincerely, VHB Engineering, Surveying, Landscape Architecture and Geology, P.C i), Aah Udena.. halabiyr~ Y i Wendy €: Holsberger, PE; POE ‘Alanna MiMoran Director of Transportation Senior Traffic Designer wholsberger@vhb.com amoran@vhb.com SCHEDULE 3 ENGINEER’S REPORT WATER AND SEWER ANALYSIS la The LA GROUP Assessment of the Potential Impact of Condominium Use on Water Supply and Wastewater Collection and Treatment for the Belleayre Resort at Catskill Park Project, Towns of Middletown and Shandaken, Ulster and Delaware Counties, New York This narrative analyzes the potential impacts on water supply and wastewater collection and disposal from the Belleayre Resort at Catskill Park project (the project) as a result of the conversion of fractional ‘ownership of the approved detached lodging units to condominium ownership . There are 259 detached ‘odging units inthe project as approved by the Shandaken and Middletown Planning Boards. These units ‘were approved for fractional ownership which precludes potential year-round occupancy. By allowing the form of ownership as condominium units, there is potential for some condominium owners to occupy their condominium unit on a year-round basis ‘The Water System Preliminary Design Report and the Wastewater Preliminary Design Report, both prepared by C.T. Male in February 2012, indicate that the fractional ownership residential units were designed using Published flow rates from the 1998 NYS DEC Design Standards for Wastewater Treatment Works. As per ‘Appendix B in both C.T. Male design reports, the design flow rates for residential units range between 120 €al/day/bedroom to 150 gal/day/bedroom. These rates that were used to design the approved project are higher than the current design flow rates indicated in Table 8-3 of the 2014 NYS Design Standards for Intermediate Sized Wastewater Treatment System which indicates a flow of 110 gal/day/bedroom for residential units with plumbing fixtures installed after 1994. in addition, the C.T. Male water and wastewater design is based on the maximum daily demand and maximum daily flow, respectively, which represent the full build out condition with 100% occupancy. These numbers are true whether the units have fractional ‘ownership or whole ownership. Furthermore, neither the 1998 standards, nor the current 2014 standards differentiate between whole ownership units and fractional ownership units. Both whole ownership Condominiums and fractionally owned detached lodging units would fall under the “Single Family Residence” type of use in the 2014 Design Standards. Ownership type is not used when determining the ‘maximum daily demand or maximum daily flow. Because the design flow rates for this project exceed current standards and no additional units/bedrooms are proposed as a result of the ownership change, no changes need to be made to the water and wastewater design and there will be no potential significant adverse environmental impacts. ‘Attachmen 1+ Appendix 8 of the Water System Preliminary Design Report 2. Appendix B of the Wastewater Preliminary Design Report * Appendices 13 and 16 of the April 2013 Supplemental Draft Environmental Impact Statement for the Modified Belleayre Resort at Catskill Park, respectively. 3 Table B-3 of the 2014 NYS Design Standards for Intermediate Sized Wastewater Treatment Systems Prepared By: Douglas B. Heller, P.€. DATE STAMP Estimated Water Demand for The Modified Bolioayre Resort at Catskill Park ——— enbires Peta ol fF Sosa Vr Le ‘oneiee Soy et ot ats Pk ‘epee Wastewater Hydric Loatog for The Mode Beesyr Resort at Cats Park {81 DEC Onn Sac efor Warland Was fo etc.) and exclude extraneous data. There should be a reasonable explanation for the operational variations and any extraneous data excluded. Method 3: Water Usage Data ‘A minimum of one year of data collected during similar operational conditions may be required by the Reviewing Engineer. If sufficient measured water usage data is not available, Method 3 should not be used. The average of the daily (24-hour) flow over the duration of the data collection period is an acceptable method for determining the average daily flow rate. The largest daily (24-hour) measured volume during the same period expressed in volume per unit time is an acceptable method for determining the maximum day flow rate. The analysis should account for operational variations (e.g. peak seasonal, weekends, special events, delivery period, etc.) and exclude extraneous data. There should be a reasonable explanation for operational variations and any extraneous data excluded. For each of these methods, the peak hourly flow rate (largest hourly volume expressed in volume per unit time) should also be identified, When variation in the wastewater flow rate is expected to be substantial, itis necessary to examine the significant delivery period of the wastewater and base the system design ‘upon this information to prevent an excessive rate of flow through wastewater collection and treatment systems. Flow equalization prior to treatment units should be considered to avoid hydraulic overioading of treatment units during peak loading periods (peak hourly flow and maximum daily flow). Table B-3. Typical Per-Unit Hydraulic Loading Rates Residential Type of Use Unit Gallons per Day ‘Apartment Per Bedroom : T1O/1307130 ‘Mobile Home Park “Single-Wide” Home ~ 220 i “Double-Wide" Home 330 Single Family Per Bedroom 10/1307 1507 [ Residence I "110 gpd for post 1994 plumbing code fixtures; 130 gpd for pre 1994 fixtures; and 150 gpd for pre 1980 fixtures. Homes over 1,000 gpd, community systems, or lodging establishments with high flow fixtures must account for any higher peak flow periods. '” For individual household systems under 1,000 gpd, use design flows in the NYSDOH’s Wastewater Treatment ‘Standards Residential Onsite Systems - Appendix 75: 4, B16 Campgrounds Type of Use Unit Gallons per Day DayCamp Per Person 7 15 ‘Add for Shower 3 | ‘Add for Lunch 3 | Campground ———_| Per Unsewered Site™ | S5(includes showers) 1 Per Sewered Site — with water hookups 100 Per Sewered Site — without water hookups 35 | | Campground Day Use | Per Person ~ ~ 3 i Dumping Station "| Per Unsewered Site 10 Institutional Type of Use Unit Gallons per Day [ Assisted Living ; Per Bed™"— - 7 Facility/Complex add 10 gpd for in room kitchen 110/130/150 Group Home a Per Bed? | (residential style add 150 gpd per house for 110/130/150 building) | garbage grinder | [Nursing Home (hospital care) | Per Be®7 is Per Outpatient : 30 Church Per Seat™ — 3 il [Chareh HalFire Wall ~ Per Seat” 10 "" Additional wastewater flow due to food service or laundry shall be accounted for. Structures available for ‘overnight occupancy other than those meeting the defiition ofa camping unit shall be based on 150 gpd / unit for design flow purposes, pursuant to NYSDOH ~ Chapter I Sate Sanitary Code Subpart 7-3 Campgrounds. “* The addition of flow for dump station sewage may be prorated by using an estimated percentage of sites suited {for RV use based on historical data, No reduction for low flow fixture usage should be applied here. » Add 15 gpd per employee * Add for Food Service (e.g. 24-hour restaurant; refer to Food Service Operations Table) B-I7 Library/ Museum Per Patton™=" 3 Public Park Per Person (toilet only) 3 Prison 7 Per inmate 150 School — Day Por Student 10 Tore Elem. Je. High/ Sr. High TI9T2 and = ‘Add for meals 7 showers 375 ‘Schoo! Boarding Per Student" 5 Commercial Type of Use Unit Gallons per Day ‘Aiporv/Bus/Rail Terminal Per Passenger™ 3 Per Toilet 400 Barber Shop / Beauty Salon Per Station without and with hair care 307 sink 200 Bowling Alley Per Lane = 5 Bed & Breaklast Per Room (see note under Residential) | 1107130/150 Casino Per Employee/shift plus 15 Per Sq. Ft. for non-lodging customer 03 use ‘Country Clubs & Golf Courses | Per Round of Golf" 20 (add for bar, banquet, shower or pool facilities and golf toumaments) Concert Hall / Arena 7 Per Seat = 3 Assembly Hall / Theater / Stadium / Skating Rink Day Care Per Child ™ 20 Doctors Office Per Doctor 350 Dog / Pet Grooming Per Station 300 ‘Also see Kennel and Veterinary Office below. Dentist Per Chair 250 % Add 15 gpd per employee/shift ® Add for Food Service (e.g. 24 hour restaurant; refer to Food Service Operations Table) * Dental offices must recycle mercury amalgam instead of washing it down the drain. NYSDEC’s website has BAB, Drive-In Theater er Car Space 3 Factory / Distribution Per Employee/shift is Warehouse add for showers 10 Fairgrounds Pet Visitor ™ 3 Health Club er Patron 20 Highway Rest Area Per Traveler™ 3 Per Dump Station Vehicle 7 Footed Per Steeping Unit™ TIO/I307150 add for banquet hall, night club, ool/spa, theatre, etc. Kennel Per KenneV/Run/Cage 30 ‘Laundromat Per Machine 380 Marina Per Slip = 20 with shore side restroom facilities including shower; add per slip for dump station 7 Migrant Worker Housing Per Person 30 ‘Motel Per Sleeping Unit; 11071307150 add for in-room kitchen; 10 add for in-room jacuzzi/spa 20 Office Building Per Employee; 15 add for showers 5 Service station/Convenience Per Toile™ 00 store ‘Shopping Center / Grocery Store | Per Sq. Fu 5, on 1 Department Store add for deli, bakery, butcher ‘Swimming Pool / Per Swimmer 10 Bath House Veterinary Office Per Veterinarian 200 uidance referencing the 2002 law. ° Add for Food Service (e.g. 24-hour restaurant; refer to Food Service Operations Table) * Add 15 gpd per employee/shift Bag Food Service Operations” Type of Use Unit Gallons per Day Ordinary Restaurant | Per Seat 5 724-Hour Restaurant Per Seat (for cafeterias: pro rate 30 | flow in proportion to the hours) harms mien = | Restaurant Per Drive-Up Window 500 ‘Lounge, Bar ~ Per Seat 20 | | Drive-in’ "| Per Car Space 50 ~ | Banquet Hall Per Seat 10 7 | | Restaurant along Freeway Per Seat ~ 5 | Cooling water, roof drains, footing, sump and basement floor drains should not be discharged to the ‘treatment system. Clean water from ice machines, water cooled refrigerators or coolers should also be excluded. Undetected leaks from plumbing fixtures, typically toilets and faucets, ean waste significant amounts of water and subsequently increase the volume of wastewater to be treated. Simple repairs and routine operation and maintenance of plumbing fixtures can save water and increase the efficiency of ‘wastewater treatment system. Similarly, leaking sewer joints, pipe tank seals, tank riser seals, cracks in treatment tanks and manhole Covers that are not watertight can be significant sources of infiltration of the system. These extraneous flows can cause periodic hydraulic overloads and affect treatment performance which can lead to system failure. Exfiltration from the system can have a negative impact on groundwater quality. The discharge of swimming pool filter backwash wastewater should not be directed to a septic tank * Garboge grinder use should be evaluated in the design phase of the project and accounted for in tank sizing per Section D.6 Septic Tanks. B20 SCHEDULE 4 ENGINEER’S REPORT SCHOOL DISTRICT ANALYSIS The LA GROUP Assessment of the Potential Impact of Condominium Use on the Generation of Additional School- aged Children for the Onteora and Margaretville School Districts from the Belleayre Resort Project, Towns of Shandaken and Middletown, Ulster and Delaware Counties, NY ‘Two residential components of the Belleayre Resort are proposed for modification involving a shift of 259 residential units to a condominium format from the time-share format that was contemplated as part of the prior approval. The two districts that provide public education services to the project area are the Onteora Central School District, and the Margaretville Central School District. The following analysis provides a projection of the number of students that could be added to the enrollment of these two school districts because of this potential condominium use. The Belleayre Resort is a multi-recreational resort with year-round residences, attractions, lodging and dining facilities. As such, the demand for increased educational services is anticipated to derive from two sources: First, new households associated with new residents living in resort-based dwellings; and secondly, new employees of the resort moving into the area and enrolling their school-aged children into the Onteora and Margaretville Central School Districts. Projected School Enrollment Derived from Condominium Owners The analysis of impact from the additional residents associated with the resort’s 259 dwellings begins with a breakdown of the condominium units is as follows: 1. Wildacres Resort and Golf Club - A total of 163 detached condominium units (153 ~ two- bedroom units, and 10 ~ three-bedroom units) are planned for this section of the Project. Of these, 84 two-bedroom units and 10 ~ three-bedroom units will be in the Onteora Central School District for a total unit count of 94 condominiums; and 69 two- bedroom condominiums swill be in the Margaretville Central School District. 2. Highmount Resort and Spa Hotel - A total of 96 attached and detached condominiums (53 - one-bedroom units, 33 - two-bedroom units, and 10— three-bedroom units) are planned for this section of the project. All 96 condominiums of the Highmount section of the project will be in the Margaretville School District. Therefore, the 259 condominiums will be split between the two districts as follows: 94 Condominium units (84 — two-bedroom units, and 10 - three-bedroom units) will be in the Onteora Central School District; and 165 condominium units (53 - one-bedroom units, 102 — two-bedroom units, and 10 - three-bedroom units) will be in the Margaretville Central School District, The current average household size for each of the two districts and the associated concentration of school-aged children was utilized asa basis to projection of new students that could be added to the enrollments of the two school districts servicing the project area, The average household size within the Onteora Central School District is 2.2 persons per household; and the average household size within the Margaretville Central School District is 2.0 persons Per household. Assuming 100-percent, year-round occupancy, the potential total number of Persons added within each district would be 207 persons within the Onteora Central Schoo! District; and 330 persons within the Margaretville Central School District. The current population cohort of school-aged children, ages 5-18 within each district is a5 follows: Within the Onteora Central Schoo! District, 16% of the population is comprised of Bersons aged 5 through 18;and within the Margaretuille Central School District, 17% of the Population is comprised of persons aged 5 through 182, Applying this percentage of population cohort to the projected increase in the number of ersons residing in each district, the resulting increase in enrollment is anticipated to be 33 new students in the Onteora Central School District; and 56 new students in the Margaretvile Central School District. The assumption of 100-percent, year-round occupancy is viewed as a Conservative element to the analysis and a decline in occupancy will result in a correspon decline among the school age population of project-related residents, Projected Schoo! Enrollment Derived from Resort Employees The analysis of impact from additional resort employees focuses on the number of potential new employees coming to the area or “in-migration”. As established during the environmental assessment of the project, 250 in-migrants could increase demand for educational services totaling 70 new students within the Onteora Central School District; and 49 new students in the Margaretville Central School District. Total Project Schoo! Enrollment from Resort Residences and Resort Employees Therefore, the total anticipated potential demand from the new residents and new employees associated with the Resort is 103 students within the Onteora Central School District; and 105 students within the Margaretville Central School District, Lastly, the context of current enrollment and enrollment trends is also a relevant consideration to an assessment of impact from project-related increases in the school age population. Relevant data? relating to enrollment in each district is as follows: Onteora Central Schoo! District * 2020 enrollment is 1,225 students. * Enrollment has declined 5.4% over the last three years. * Since 1993, the peak year of enrollment was 1998 with 2,469 students. {United Sates Census Bureau 2019 The American Community Survey (ACS) as available at https:/d 2 ibid hetos://data.census.gov * Cornell University; Program of Applied Demographics — NYS School District Data and Projections. ‘nutps:d/oad. human. cornell edu/schools/index.cfm sus gov * The enrollment for 2025 is projected to be 1,001 students which is 1,468 less students than the 1998 peak. Margaretville Central Schoo! District 2020 enrollment is 331 students. ‘* Enrollment has declined 9.3% over the last three years, * Since 1993, the peak year of enrollment was 1993 with 578 students. * The enrollment for 2025 is projected to be 350 students which is 278 less students than the 1993 peak. {n summary, based upon the above data and analysis of conservative, worst case scenarios, it appears that each district has the capacity to accept the projected level of potential project. related increases in enrollment, and no potential significant adverse impacts to the School Districts are anticipated. Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1's to be completed by the applicant or project sponsor. Responses become part of the application for approval are subject to public review, and may be subject to further verification. Poroval or funding, Complete Part based on infomation curently availble. If ditional rexerch or investigation would be needed to fully respond to syn ae seep po talon ns ene sey a ee ay pd oF 18 not reasonably available tthe sponsor; and, when possible, generally describe work or studies which would be nosey coe update or fully develop that information. zs Anplicants/sponsers must complete al items i Sections A&B. In Setions C, D & E, most items coatin anit question that Ist be answered either “Yes” or "No" Ifthe answer tothe intial question is“Yes", complete the sub-auestions tha fllon he nse tothe initial question is “No”, proceed tothe next question. Section F allows the project sponsor to identity and atc additional information. Sestion G rquies the name and signature of the aplicant or projet sponsor to verily tha the fate contained in Part lis accurate and complete " A. Project and Applicant/Sponsor Information. ‘ame of Action oF Project, [Town of Middletown Zoning Law text Amendment Project Location (describe, and attach a general location map) [Town-wide in the Town of Middletown except for lands zoned industrial Brief Description of Proposed Action (include purpose or need): [he pronase action consist an amendment othe test of te Twn of Mkdleown, New York, Zoning Ortinance lo autres condominium \covelopment. See the folowing page forthe proposed amendment wom Name of ApplicantSponsor: “Telephone: (e45) soe-2a02 Tour of Mdsietown Town Boars middsyper@eatski net ATES 420539 Stato Highway 28 City/PO* wargeretvite State: yy Zip Code 55 Broject Contact (f not same as sponsor; give name and tilelrole) Telephone: ‘Supervisor Cart Patrick Davis EMail ‘Rares: CiyiPO: State: Zip Code: Property Owner (ifnot same as sponsor): Telephone: EMail: ‘aires CiniPO: Sate Tip Code: Page 1 of 13, FEAF 2019 B. Government Approvals, B. Government Approvals, Funding, or Sponsorship. ( assistance.) Government Entity ‘Agency and Approvals) ‘Application Date poe (Actual or projected) 4. City Counsel, Town Board. QZYeINO [Town Board approval ot zoning wt amenamont [APA 202 or Village Board of Trustees b Giiy, Town or Village BZl¥esLINo "| annng Boar econmendnion tow Town [Upon fora by Town Boa Planning Board or Commission Boars © City, Town or CivesZNo Village Zoning Board of Appeals 4 Other focal agencies CivesZINo © County agencies EVesCINo —[Deteware Count Planing Deparment advisory’ flponvtoral by Town Boas T Regional agencies DivestZNo B State agencies CivesiZINo it Federal agencies DivesiZNo 1. Coastal Resources : 4 Tsthe project site within Coastal Area, or the watriont area ofa Designated Inland Waterway? Dvestano ‘ts the projec site located in a community with an approved Local Waterfront Revitalization Program? DvesiZINo {Is the project ste within a Coastal Erosion Hazard Atea? Deena C, Planning and Zoning C.l. Planning and zoning actions. Wil diminsative or legislative adoption o: ainendineat oF plan, focal law, ordinance rule or Tpulavon be We LAVSCNG only approval(s) which must be granted to enable the proposed action to proceed? ‘© IfYes, complete sections C, F and G. + _IfNo, proceed to question C.2 and complete all remaining sections and questions in Part 1 C2, Adopted land use plans. &. Do any runicially- adopted (ity, own, village or count) comprehensive Tand use plans include the ste BIVSSEIN “where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations forthe site where the proposed action Dvestzno would be located”? Be site the proposed ation within any local o regional special planting dst (or example: Greenways EAVSCNG Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan or other?) AF Yes, identify the plants) [NYS Major Basins: Uoper Delaware, NYC Watershed Boundary © Rte proposed scion lected wholly or pataly wiki an are ited nan adopied municipal pen apace lan, VSL or an adopted municipal farmland protection plan? If Yes, identify the plan(s): Page 2 of 13 C3. Zoning a. Ts the ste of he proposed action located ina municipality with an adopicd zoning law ov orlnance Fano IfYes, what is the zoning classification(s) including any applicable overlay district? GYetn Aland stb Town of Mion excep ands hl we Zoned util b. Is the use permitted or allowed by a special or conditional use permit? OvestZiNo ©. Is @ zoning change requested as part ofthe proposed action? Wyatine IF Yes, 4. What isthe proposed new zoning for the site? _now site zoning not proposed, new zoning text hay idominiums Existing community services. 4a. In what school district is the project site located? Margareta Cu ’b. What police or other public protection forces serve the project site? ‘Delaware County Sherif Deparment. NYS Police _ ©. Which fire protection and emergency medical services serve the project site? Margaretvilo FD. Middletown Hardenbugh Fire, Arena Fie Oise, Margarevile Hospital Ambulance Sqau «d, What parks serve the project site? Catskill Park (Stale), NYC Recreation Avwas, Town Parks D. Project Details D.L. Proposed and Potential Development ‘What is the general nature of the proposed action (eg, residential, industrial, comm \ereial, recreational; if mixed, Include all components)? bra. Total acreage of the site ofthe proposed action? b Total acreage to be physically disturbed? acres ¢. Total acreage (project site and any contiguous properties) owned cr controlled by the applicant or project sponsor? _ acres ©: Is the proposed action an expansion of an existing project or use? 4. If Yes, what is the approximate percentage of the proposed expansion an square fee? % Units Ovetine miles, housing units, ntfy the units (e.g, acres, Is the proposed action a subdivision, or does it include a subdivision? OyesNo If Yes, Les ( Bapos oc type of subeivision? (residential industri, commer if ine, seit pes) it Tea chutericonservaion layout proposed? Sa i, Namberof los proposed? ON iv. Minimum and maximum proposed lot sizes? Minimum __ Maximum —_ © Will the proposed action be constructed in multiple phases? i IENo, anticipated period of construction: Destine __ months i 1FYes: + Total number of phases anticipated ‘Anticipated commencement date of phase | (including demolition) month year ‘© Anticipated completion date of final phase * Generally describe connections or relationships among phases, determine timing or duration of future phases: month year including any contingencies where progress of one phase may Page 3 of 13 7 Does the project include new residential uses? DveCINo Tres, show numbers of units proposed One Family ‘Two Family ‘Three Family _Maltipfe Family (four or more Initial Phase = At completion ofall phases . — - €, Does the proposed aotion include new non-residential Construction (including expansions)? Dvstine 1tYes, 1. Total number of structures 4. Dimensions (in fet) of largest proposed structure: __height; width; and _lengtt ii, Approximate extent of building space to be heated or cooled square feet 1h Does the proposed action include construction or oer activites hat will result in the impoundment oFany EVSCINo liquids, such as creation ofa water supply, reservoir, pond, lake, waste lagoon or other storage? 1eYes, i. Purpose of the impoundment 4 Tha water impoundment, the principal source ofthe water ~ Ci Ground water (Surface water streams [Other speci ‘di, Wother than water, identify the type of impounded/contained liquids and thelr source. ix, Approximate size of the proposed impoundment. Volume: million gallons, surface area: acres v. Dimensions ofthe proposed dam or impounding structure: Tet length i, Construction method/materials for the proposed dam or impounding stucture (e.g, earth fill, rock, wood, concrete); D.2. Project Operations i Does the proposed action ncude any eatin, Tithe, or aging, rng constuction, pasion or bom? CV Ne (Not inctuding geeral ste preparation grading at insalation of utes or foundations whos all eseatay materials will remain onst) ves ¢ Whats the purpose of the excavation or edging? : i How much material including rock, earth, sediment, ee) is proposed tobe removed om the We? "Volume (specify tons o evbie yards) & Over what duration of time? = i, Deserbe ratte and character of materials obs excavated o dredged and plans o We anae or dispose of them iv. Will there be onsite dewatering or processing of excavated materials? Dvet"INo yes, describe What sth total area to be dredged or excavated? —_ acres 7 vi. What isthe maximum area to be worked at any one Hine? acres vii. What would be the maximum depth of excavation or dredging? feet vit, Will the exeavation require blasting? Cves(INo ix. Summarize site reclamation goals and plan: B: Would the proposed acon cause or result i alteration OF ores or doreave in sue oF or enomacimeat EVN into any existing Welland, waterbody, shoreline, beach o adjecen are 1eYes { Idenity the wetland or waterbody wich would be affected (y name, water index number, wetland map number or geosraphic description): Page 4 of 13, Ti, Describe how the proposed action would affect that waterbody or welland, eg excavation, il placement of snucuires, oF alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: 4. Wil the proposed action cause or result in disturbance fo bottom sediments? DvetNo If Yes, describe: - iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? DyYetINo 1FYes: ‘© acres of aquatic vegetation proposed to be removed: ‘© expected acreage of aquatic vegetation remaining after project completion: ‘= purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): + proposed method of plant removal: : = + if chemical/berbicide treatment will be used, specify products) ', Deseribe any proposed reclamation/mitigation following disturbance: © Will the proposed action use, or create @ new demand for water? DivesENo IFYes: i, Total anticipated water usage/demand per day: _ sallons/day 4, Will the proposed action obtain water from an existing public water supply? DyesDNo If Yes: ‘+ Name of district or service ares: a 7 + Does the existing public water supply have capacity to serve the proposal? DiesEINo + Is the project site in the existing dstict? yeslINo ‘+ Is expansion of the district needed? OyesINo * Do existing lines serve the project site? DyesZINo iti, Wil line extension within an existing district be necessary to supply the project? DvesDNo I Yes: ‘© Describe extensions or capacity expansions proposed to serve this project: + Source(s) of supply for the district: iv, Is @ new water supply district or service area proposed to be formed to serve the project site? O YesCiNo If, Yes: ‘© Applicant/sponsor for new district: _ Date application submitted or anticipated: Proposed source(s) of supply for new district » Ifa public water supply will not be used, describe plans to provide water supply for the project vi. If water supply will be from wells (public or private), what is the maximum pumping capacity: gallonsiminute. <4. Will the proposed action generate liquid wastes? CYesCINe Ives: #. Total anticipated liquid waste generation per day: gallons/day 4, Nature of liquid wastes to be generated (e.g. sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each}: ‘Wille proposed action use any exiting pubic wastewater Weatment eTUCS? OvstNe 1tYes: © Name of wastewater treatment plant to be used: © Name of district: _ __ ‘+ Does the existing wastewater treatment plant have capacity to serve the project? OvesDiNe ‘+ Isthe project site in the existing district? DyesCINo ‘+ Isexpansion of the district needed? DyesENo Page $ of 13 + Doexisting sewer lines serve the project site? vesONo * Willa line extension within an existing district be necessary to serve the project? OresEINo If Yes: ‘© Describe extensions or capacity expansions proposed to serve this projec: {iv Will « new wastewater (sewage) treatment district be formed to serve the project site? DvesCINe tes: * Applican/sponsor for new district: ‘* Date application submitted or anticipated = Whats the receiving water for the wastewater discharge? » Ifpublic facilities will not be used, describe plans to provide wastewater treatment forthe project, including sp receiving water (name and classification if surface discharge or describe subsurface disposal plans) v. Describe any plans or designs to capture, recycle or reuse liquid waste ©. Will the proposed action disturb more than one acre and create stormwater runoff, either Hom new pomnt Dives INo sources (ie. ditches, pipes, swales, curs, gutters or other concentrated flows of stormwater) or non-point source (ic, sheet flow) during construction or post construction? IeYes: 4. How much impervious surface will the project create in relation to total size of project parcel? Square feet or ___acres (impervious surface) Square feet or acres (parcel size) it. Describe types of new point sources, ‘ii. Where will the stormwater runoff be directed (i.e. on-site stormwater management faciity/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? + Tfto surface waters, identify receiving water bodies or wetlands ‘Will stormwater rinoff flow to adjacent properties? DyesBno i, Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? ELYesE]No £ Does the proposed action include, or will use on-site, one oF more sources of air emissions, including fuel -E]es-INo’ ‘combustion, waste incineration, or other processes or operations? It Yes, identify 4. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) 44. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) sit. Stationary sources during operations (e-., process emissions, large boilers, leciric generation) Will aay air emission sourees named in D.2.f (above), require a NY Stale Ar Regisiration, Air Faclity Pemit, E]VesLINo or Federal Clean Air Act Title IV or Title V Permit? Yes: 4. Is the projec sit located in an Air quality non-attainment area? (Area routinely or periodically fails to meet. Ces No ambient air quality standards for ll or some pars of the year) 4. In addition to emissions as calculated in the application, the project will generate: Tonslyear (shor tons) of Carbon Dioxide (CO) Tonsiyear (short tons) of Nitrous Oxide (NO) ——Tons/year (short tons) of Peruorocarbons (PFCs) —Tons/year (short tons) of Sulfur Hexafluoride (SF) —Tonvyear (short tons) of Carbon Dioxide equivalent of Hydroflourcearbons (HFCS) ‘Tonsiyear (shor tons) of Hazardous Air Pollutants (HAPS) Page 6 of 13 'h, Will the proposed action generate or emit methane (including, but not limited to, sewage Ireatment plants ved landfills, composting facilities)? Yes: #, Estimate methane generation in tons/year (metric) ft, Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity. flaring): No ¥. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as C]Vea]No quarry ot landfill operations? IF Yes: Describe operations and nature of emissions (eg, diesel exhaust, rock partculates/dust) J. Will the proposed action result ina substantial increase in trafic above present levels or generate substantial [JVeaLJNo new demand for ransportation facilities or services? Wes: 4, When is the peak traffic expected (Check all that apply): CJMomning Evening Weekend Ci Randomly between hours of oem ‘i, For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): ti, Parking spaces: Existing Proposed ‘Ne inerease/decrease {Does the proposed action include any shared use parking? eso ». Ifthe proposed ation includes any modification of existing roads, creation of new roads or change in existing access, describe vi. Are publiciprivate wansportaiion service(s) or felities available within mile of the proposed ste? fYesEJNo vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric EJYesJNo | or other alternative fueled vehicles? vii, Will he proposed action include plans for pedestrian or bieycle accommodations for connections to existing EJVes]No pedestrian or bicycle routes? Will he proposed action Tor commercial or indusial projects only) generate new or additional demand DiveINe for energy? Yes: i. Estimate annual electricity demand during operation ofthe proposed action: 4, Anticipated sources/supplicts of electricity for the project (eg, on-site combustion, on-site renewable, via grid/local utility, or other | it. Wall the proposed action require a now, or an upgrade, to an existing substation? Dvetino T Hours of operation Answer al tems which apply i During Construction 4, During Operations: Monday - Friday = Monday - Friday = = Saturday: 7 * saturday = Sunday: * Sunday : + Holidays # Holidays Page 7 of 13 'm. Will the proposed action produce noise that will exceed existing ambient nolse levels during construction, DivesDINo ‘operation, or bath? yes: 4. Provide details including sources, time of day and duration: 4i, Will the proposed action remove existing natural bariers that could act as @ noise barrier or sereen? fYesCINe Describe: 'a, Will the proposed action have outdoor lighting? DiyesCINo eyes: 4, Describe source(s) location(s), height of fixture(s),direction/aim, and proximity to nearest occupied structures: ‘i, Will proposed action remove existing natural baer that could act as a Hight bari of secon? DYestINe Describe: ‘0. Does the proposed action have the potential to produce odors for more tan one hou per day? DvesiNo If Yes, describe possible sources, potential frequency and duration of ador emissions, and proximity to nearest cccupied structures: '. Will the proposed action include any bull storage of petroleum (Combined capacity of over 1,100 gallons) LIVesEINo ‘or chemical products 185 gallons in above ground storage or any amount in underground storage? Yes: i. Product(s) to be stored ii Volume(s) per unit ime (eg, montb, year) sii. Generally, deseribe the proposed storage failities: 4 Will the proposed action (Comer, industrial and recreational projects only) use pesticides (Le, herbicides, LI Ves LINo insecticides) during construction or operation? ItYes 1. Deseribe proposed reatment(s) Ji, Will the proposed action use Integrated Pest Management Practices? i ves LINe 1 Will the proposed action (commercial or industrial projects ony) involve or require the management or dsposal ET Yes EINo of solid waste (excluding hazardous materials)? ItYes: 4. Deseribe any solid waste(s) to be generated during construction or operation of the facility: * Construction: tons per (unit of time) © Operation tons per (unit of time) 4% Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: © Construction: © Operation: iti, Proposed disposal methody fucilities for solid waste generated on-site © Construction: © Operation: Page 8 of 13, Does the proposed action Tnclude constuction oF modification oF a sold waste management fy? Ovatve Yes: 4. Type of management or handing of waste proposed forte site (eg. recycling or transfer station, composting land other disposal activities): ipated rate of disposal/processing: . ‘Tons/month, if transfer or other non-combustion/thermal treatment, oF . ‘Tons‘hour, if combustion or thermal treatment ti, If landfill, anticipated site life: years 1 Willie proposed action at ie sie involve dhe commeroal generation, Teatment ae, or Asposl o rardous CIVECING waste” Yes: 1 Name(s) ofall hazardous wastes or constituents to be generated, handled or managed at facility: fi, Generally deseribe processes or activities involving hazardous wastes or constituents ‘ti. Specify amount to be handled or generated tons/month iv, Deseribe any proposals for on-site minimization, recycling or reuse of hazardous constituent: ». Will any hazardous wastes be disposed at an existing offsite hazardous waste faciiyy? WesCINo IF Yes: provide name and location of Facility |fNo: describe proposed management of any hazardous wastes which will not be sent toa hazardous waste facility: E, Site and Setting of Proposed Action E.1, Land uses on and surrounding the project site Existing land uses. 4. Check all uses that occur on, adjoining and near the project site, Quran D Industrial (Commercial [] Residential (suburban) [) Rural (non-farm) CForest G)Agriculmre CE] Aquatic Other (specify): fi, If mix of uses, generally describe: '. Land uses and covertypes on the project site, Tanduse or Curent ‘Acreage After Change Covertype Acreage Project Completion (Aores +2) + Roads, Building, and other paved or impervious surfaces = Forested © Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) * Agricultural (includes active orchards, field, greenhouse etc.) "© Surface water features (lakes, ponds, streams, rivers, et.) ‘+ Wetlands (freshwater or tidal) ‘+ Non-vegetated (bare rock, earth or fill) + Other Describe: Page 9 of 13 ©: the project site presently used by members ofthe community for public recreation? Deine i AFYes: explain: 4 Are there any facilities serving children, the elderly, people with disabilities e-.. schools, hospitals, licensed C]Ves-JNo clay care centers or group homes) within 1500 feet ofthe project ste? | irven i deity Fie ‘e. Does the project site contain an existing dam? DYedJNo lives Dimensions of the dam and impound! + Dam ihe feet + Dam nat fet 2 Surice wee: teres * Volume impounded: gallons OR acre-feet 4i, Dams existing hazard classification: ee fii, Provide date and summarize results of last inspection: # Has the project site ever been used as a municipal, commercial or indusrial solid waste management faeliy, ~~ E1VesCINo or does the projet site adjoin property whichis now, or was a one time, used a a solid waste management facility? tes: i, Has the facility been formally closed? Ores] No ‘+ Ifyes, cite sources/documentation 4, Describe the location of the project site relative to the Boundaries ofthe solid waste management fully iti, Desoribe any development constraints due to the prior solid waste activites: & Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin OYetNo property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? ites: #. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: ‘h. Potential contamination history. Has there been a reported spill at the proposed. project site, or have any Dye No remedial actions been conducted ator adjacent to the proposed site? 1fYes: 4. Is any portion ofthe site listed on the NYSDEC Spills Incidents database or Environmental Site DvesONo Remediation database? Check all that apply: DD Yes - Spills Incidents database Provide DEC ID number(s) G2 Yes - Environmental Site Remediation database Provide DEC 1D number(s): Gi Neither database fi If site has been subject of RCRA corrective activities, describe control measures: ili. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? Dveno Ifyes, provide DEC ID number(s): iv: TF yes 0 (i), (i) oF (ii) above, describe current status of site(s): Page 10 of 13, {Ts the project site subject to an institutional contol limiting property uses? Cvatino © Ifyes, DEC site ID number: ‘+ Describe the type of institutional control (eg. deed restriction or easement) ‘+ Deseribe any use limitations + Describe any engineering conttols: '* Will the project affect the institutional or engineering controls in place? OYeslNo_ + Explain: E.2, Natural Resources On or Near Project Site ‘What is the average depth to bedrock onthe project site? eet ‘Are there Bedrock outcroppings onthe project site? Ovaive If Yes, what proportion ofthe sit is comprised of bedrock outeroppings? % ‘c. Predominant soil type(s) present on project site: % % % &. What is the average depih to the water table on the project site? Average: et Drainage status of projeat ste sos] Well Draned %okste Cl Moderately Well Drained: % of site Poorly Drained %otsite © Approximate proportion of proposed action site with slopes: L] 0-10% % of site 10-15% % of site 1 15% or greater: of site 'g. Are there any unique geologic features on the project site? DyeNo TF Yes, describe Ty Surface water Features 4. Does any portion ofthe project site contain wetlands or other waterbodies (including streams, rivers, DvesCINo ponds or lakes)? 4, Do any wetlands or other waterbodies adjoin the projet site? DvesiNo LFYes to citer or, continue. If No, skip to F.2.. {Ate any ofthe wetlands or waterbodies within or adjoining the project site regulated by any federal, DvesLNo state oF lal agency? 'v, For each identified regulated wetland and waterbody on the project site, provide the following information: Streams Name Classification Lakes or Ponds: Name Classifiation Wetlands: Name Approximate Size * Wetland No, (if regulated by DEC) Are any ofthe above water bodies listed in the mast recent compilation of NYS water qualty-impaired DvesDho waterbodies?| If ys, name of impaired water body/bodies and basis for listing as impaired i Ts the project site ina designated Floodway? DivesEINo JI the project site i the 100-year Floodplain? CivesENe Ts the project site in the 500-year Floodplain? DesENo Us the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? TivesCNe Yes: i. Name of aquifer: Page 11 of 13 'm, Identify the predominant wildlife species that occupy or use the project se 1, Does the project site contain a designated significant natural community? DiyesCINo 1FYes 4. Describe the habitaticommunity (composition, function, and basis for designation) fi, Source(s) of description or evaluation: itt. Extent of community rabitat: = — © Currently: acres ‘+ Following completion of project as proposed scres Gain or lss (indicate + oF -) acres ©, Does project site contain any spectes of plant or animal that is Usted by te Federal government of NYS as C1 Yes No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? Yes: 1 Species and listing (endangered oF threatened) po . Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of DYesINo special concern? 1tYes 1 Spovies and listing 49 [s the project site or adjoining area currently used for hunting, tapping, ishing or shell ishing? DivesENo Ifyes, give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site ‘a Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to DiYesCJNo Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Tees, provide county plus district name/number: SSS bi. Are agricultural lands consisting of highly productive soils present? DivesBino LIF Yes: acreage(s) on project site? i. Source(s) of soil ratings): aaa eee «©. Does the project site contain all or part of, or is it substantially contiguous to, a registered National DvesEINo| ‘Natural Landmark? ItYes: i, Nature ofthe natura landmark: Biological Community J Geological Feature 4i, Provide brief description of landmark, including values behind designation and approximate size/extent «Is the project site located in or does it adjoin a state listed Critical Environmental Arca DYesCINo Yes: + CEA name: it, Basis for designation: |_ i Designating ageney and dt Page 12 of 13 © Does the project site contain, ori it substantially contiguous to, a building, archacological site, or district C) Yes ]No- whichis listed on the National or Ste Register of Historie Places, or that has been determined bythe Commissioner ot he VS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: 1 Nature of historiclrchaeological resource: CJArchacologcal Site ClMisorc Building or District fi. Name: i, riot description of aibutes on which Tang i Based: £Is the project site, or any portion of i, Tocatedin or adjacent to an area designated as sensitive for TivesENe archaeological sites on the NY State Historie Preservation Office (SHPO) archaeoloyial site inventory? &, Have additonal archaeological or historic site(s) or resources been identified on the project ste? CivesENe if Yes i Describe possible resoure(s): - = E iB i for identification: le federal, state, or local C]¥esLJNo h Is the project site within fives miles of any officially designated and publicly acces scenic or aesthetic resource? Ie Yes: i. Identify resource: 4, Nature of, or basis fr, designation (eg. established highway overtook, tate or local park, state histori Wall or Soonie Byway, ete.) li, Distance between projeet and resource: miles. 1s the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers E]Ves-]No Program 6 NYCRR 666? Yes: i demi the name ofthe river and is designation ‘i Is the activity consistent with development restrietons contained in 6NYCRR Part 6667 DivesDiNo ‘Attach any additional information which may be needed to clarify your project. {f you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any 'measures which you propose to avoid or minimize them, ‘See the attached addendum with schedules 1-4 that contains assessments of potential impacts to (1) trafic, (2) water supply & wastewater callectiontrestment and (3) generation of additional Margaretvile School District students associated with the Belleayre Resort project. G. Verification | certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name_Town of Middletown Town Board Date. pplicant/Spo Town of Migeetown Town Board Signature Title Supervisor, Town of Mdditown PRINT FORM Page 13 of 13 ADDENDUM TO FULL ENVIRONMENTAL ASSESSMENT FORM TOWN OF MIDDLETOWN - ZONING TEXT AMENDMENTS AS APPLIED TO BELLEAYRE RESORT AT CATSKILL PARK MARCH 2021 TABLE OF CONTENTS SCHEDULE 1 SEQRA ANALYSIS SCHEDULE 2 TRAFFIC ANALYSIS SCHEDULE 3 ENGINEER'S REPORT WATER AND SEWER ANALYSIS SCHEDULE 4 ENGINEER’S REPORT SCHOOL DISTRICT ANALYSIS

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