Catskill 3500 Club letter to Governor Paterson

March 24, 2008

David A. Paterson
Governor, New York State
State Capitol
Albany, NY 12224

Dear Governor Paterson,

The Catskill 3500 Club is a 46-year-old hiking organization numbering over 1,700 members who have climbed the 35 highest peaks in the Catskill Forest Preserve, those over 3500 feet. The club has been involved with conservation issues within the Forest Preserve since its inception, and strongly advocates the preservation of New York State's unique "Forever Wild" constitutional protection of these wilderness regions.

The Catskill 3500 Club joins the Adirondack Mountain Club in questioning plans for expansion of the state-owned Belleayre Mountain Ski Center in relation to the New York State Constitution, Article XIV, Section 1:

1. Land to be acquired and altered is located within the Catskill Park boundaryline, and we question whether DEC can legally acquire these lands for thepurposes of expanding the Belleayre Mountain Ski Center without a constitutional amendment to Article XIV, Section 1 of the New York State Constitution. No new ski trails and facilities can be constructed on the proposed Highmount and Big Indian additions to the Catskill Forest Preserve without an authorizing amendment to Article XIV, Section 1, approved by the voters specifically authorizing those improvements on these new parcels.
2. We question whether proposed tree cutting, rock removal, and slope alterations of the lands of the Catskill Forest Preserve at the Belleayre Mountain Ski Center can be legally undertaken for the purpose of providing an exclusive or predominant access and/or benefit to privately owned ski-in-ski-out properties under Article XIV, Section 1. We believe that an opinion from the Attorney General must be sought on this constitutional question.
3. BMSC's constitutionally authorized build-out of [only] 25 miles of ski trails would be exceeded if proposed support facilities for ten miles of new trails are constructed (we understand they may not be constructed in the most recent plan.) Buildings and supporting infrastructure for new trails may be illegal within the constitutional limits currently set forth in Article XIV, Section 1.
   

We are further concerned about Deputy Secretary for the Environment Judith Enck's actions during the 2007 Agreement in Principle negotiations, which she chaired. She refused to verify the developer's financial assumptions, demonstrating a misunderstanding of the law by contending that only environmental issues need be addressed. "There's no analysis of financing. We can only require what the law requires us to look at," she said. But the intent of the Legislature in creating the environmental quality review law was that "the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions…It is not the intention of SEQR that environmental factors be the sole consideration in decision-making." This understanding is important because many people question the economic viability of the proposed luxury resort: Will it be able to compete with numerous similar destinations over time, many of which are located near an airport? The Belleayre Resort, on the other hand, is reached only by driving many miles from Kingston or from Monticello. Due to fears that this resort might ultimately become a casino, legally binding provisions that would prevent this in perpetuity are essential.

Ms. Enck further refused to consider the August 2006 New York Comptroller's Belleayre analysis, which criticized the project as a "speculative venture that may well endanger existing resource use and end up placing unacceptable burdens on the state, city and local taxpayers." According to the report, Crossroads Ventures used outdated data for its analysis. It failed to compare the proposed projects with ones of similar size and impact, as required under SEQR. Ms. Enck refused to do a realistic workforce availability study, refused to consider "community character" in the discussions, and refused to provide an accounting of taxpayer-funded perks and assets. When asked why environmental rules are being relaxed for this resort, she contended that commercial construction above 3,000 feet in elevation, allowing road-building on 20% slopes, and blasting the Wildacres Hotel into a 35% slope, had to be allowed so the developer "would make his profit." As a New Yorker, Governor Paterson, you know that there would be no Central Park in the city, had such a perspective been implemented over decades of commercial interests seeking to build in that unique natural treasure!

In addition to the resort facilities, the state also plans to increase snowmaking at the ski center, which is hugely consumptive of water -and may deplete the vital regional aquifer. Brian Shapiro, an Ulster County legislator (D-Woodstock), is chairman of both the Legislature's environmental and ethics committees. Mr. Shapiro asked the DEC to do an assessment of the costs associated with the increased road maintenance to the affected towns and county; to conduct a comparative review of like-sized resorts with equivalent demographics; to analyze work force requirements and housing availability; to ensure ironclad provisions against gambling at the facility; and to thoroughly review the soundness of funding sources. "I'm fully supportive of economic development and tourism," said Shapiro. "There's room for both the environment and a beautiful hotel and spa in the Catskill region." But in this case, "I'm very concerned because there are so many unanswered questions." We believe that Mr. Shapiro more ably represents the thinking of many citizens most affected by the proposed Belleayre Resort, and we hope that you will replace Judith Enck with a person of Mr. Shapiro's caliber, one who considers the general interest in the long term and not short-term special interest.

Thank you for your consideration of our comments.

Sincerely,

Joseph B. Bogardus
President, Catskill 3500 Club, Inc.
P.O. Box 165
Keene, New York 12942

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