Paul Hakim in Limbo

click on link to read full Daily Freeman article of 3/22/06 by Donna Cafaldo

Hurley Town Board Seeks to Replace Paul Hakim, Head of Planning Board

(click on link for entire Freeman Article) Town Planning Board Chairman Paul Hakim will no longer be a member of the board he has served for 12 years and chaired for three if a resolution introduced by town Supervisor Michael Shultis Monday night gains approval.

Shultis wants to replace Hakim as the Planning Board head with newcomer Laurel Herdman.

A possible move to replace Hakim has been a focus of speculation since a new Democratic majority, led by Shultis, took over the Town Board in January.

Water System Irregularities Stir Concerns Upstate

click on "link" to view Feb. 12, 2006 NY Times Article

Hurley Planning Board

The Planning Board held its latest monthly meeting on February 6 with the proposed 652-house development on its schedule. The purpose was to approve the scoping document which was done with a few brief additions. This means that the developer may now proceed with the Environmental Impact Statement (EIS). The Board worked with a final scoping plan put together by Shuster Associates, the Hurley town consultant, and primarily based on the developer's 27-page draft scoping document with additions from the public and the independent consultants, hired to review the work. When this final, final version is completed, copies will be sent to all Involved and Interested agencies and, hopefully, included here. Traffic caused by the development was a major concern of the meeting. In response to a question, the project's lawyer, Geraldine Tortorella, said that Lucas Avenue was the "proposed" access to the property, not the "preferred" one, and that they were continuing to press the State Department of Transportation for access to Route 209, their preferred access. It was suggested that Hurley Avenue into Kingston be added to the list of roads to be studied for traffic volume and that not only volume, but speed on Lucas Avenue and Route 209 be taken into consideration for times when the Community College classes let out, especially on the connections with Cottekill Road. There was discussion on the developer's proposal to describe "recently drilled or tested off-site wells on properties adjacent to the project site." Mr. Giebelhouse asked that they review many more than adjacent wells, reasoning that the aquifer was large and that residents with wells on the fringes of the aquifer would be the first to feel any diminution of the water by uptake from the development. It was pointed out that the county Health Department requires a minimum of 2,500 feet from the site for a study of the impact. The developers plan to identify the project's potential sources of water and do 72-hour pump tests on drilled spots to see if they're affecting off-site wells. This is the Health Department protocol, Ms. Tortorella said. They will include recharge rates and climatic conditions. They haven't done any of this yet. It was noted that a couple thousand seniors will presumably moving to the development so where will they eventually be buried? It was also noted that there probably will be more of an impact on the schools than the developer has indicated and that Hurley Recreation is a private club rather than a municipal entity. After the scoping document had been approved, Planning Board Chair Paul Hakim said that so far all they've heard from the Board and from local residents is what they did NOT want to see. He would like to hold a public meeting, a brainstorming session, on what people would LIKE to see in the development. This would help the Town meet the long-range goals in the nearly completed Comprehensive Town Plan. He mentioned senior housing as an example and it was added that people in Hurley can't afford the $400,000 houses which the developer is proposing to build. Mr. Hakim also mentioned recreation, the Rail Trail and traffic as examples of development matters for which he would like public input. This meeting might be held some time in March. Mr. Hakim also said he would like Dennis Doyle, Director of the Ulster County Planning Department to give a public presentation of what's happening throughout the county that will affect Hurley. For instance, projections show that the population of Hurley will double by 2030.

posted by Virginia

Hidden Forest Scoping Document Deficient in Areas

The Hidden Forest "Draft Final" EIS Scoping Document appears to be deficient in several areas. While SEQR permits considerable flexibility in the format of the Draft and Final EIS; the organization of the Hidden Forest "Draft Final" scoping document is such that essential components of an EIS are missing or obscured. For example, rather than present project alternatives early in the document, as would be done for a Federal (NEPA) EIS, the project alternatives are located at the back of the document, and are not the focus of the study. Mitigation and monitoring for each proposed alternative (which seem to focus on traffic design and the number of housing units, rather than the overall project spatial footprint) are not specified. A summary of impacts by alternative is not included. The scoping document does not indicate that an alternatives matrix (an important EIS component) will be developed for the draft EIS. According to NYSDEC, one of the purposes of the SEQR scoping process is to provide an initial identification of mitigation measures for antipated project impacts. This is not provided in the scoping document, and normally would be a component of the alternatives analysis, had the document been organized such that the project alternatives were highlighted. Finally, the emphasis of the scoping document is heavily weighted towards traffic and socio-economic impacts. These two categories of impacts are presented in considerable detail, relative to impacts to natural resources (wetlands, wildlife, soils, hydrology, etc.).If this is because information on these study components is lacking and requires further data collection/environmental studies, it should have been stated in the scoping document, as identification of the extent and quality of information required to complete the EIS is also specified by NYSDEC as a primary objective of the SEQR scoping process.

Groundwater Protection Plan Draft

Click on "Link" below to download and view a preliminary draft of the Old Hurley Groundwater Protection Plan. The C.A.C. Conservation Advisory Council requested this report in response to the residents of Hurley who listed the preservation of the quality and quantity of the town's drinking water as their number one environmental priority. The Hurley Town Board and the Planning Board have recently been presented with a draft of an Old Hurley Groundwater Protection Plan which was prepared at no cost to Hurley by Steven Winkley, Groundwater Specialist of the New York Rural Water Assoc. (NYRWA), a Claverack-based non-profit organization, funded by the U.S. Environmental Protection Agency. Mr. Winkley has worked on similar projects for a number of area communities, including Saugerties and Woodstock. The report was prepared with the cooperation of the Rolling Meadows Water Corp. It is expected to be reviewed by the Town Board and the Planning Board and presented to the residents of Hurley in a public meeting.

Hurley Rail Trail Needs Some Help!

The Rail Trail following route 209 through Hurley was built with help from many friends. More work is planned, but a little help is needed. Eleven hillocks, or berms, were built to NY State specifications, in order to provide a buffer to the highway. Thanks to NYSDOT and landscape designer Tom Brodhead, over seventy trees and close to 400 shrubs were planted on and around the berms this November. Spring will be beautiful as the new additions take root and grow. But the berms could become and eyesore if not properly maintained. We’re asking for volunteer groups to “adopt” a berm for maintenance purposes. What does this mean? It can be as simple as occasional weeding. Further effort could involve planting ground cover or flowering bulbs, if desired. The Town Highway Department has committed to watering the berms during the crucial months of June and July. In addition, Linda will try to obtain mulch from the Landfill. Three of the berms have been adopted (Hurley Heritage Society and two by private individuals), leaving eight to go. It’s a good time to pick your real estate! We will even place a small sign at each berm to recognize the sponsoring group. Please contact hurleytrail@earthlink.net if you have interest in participating. Click on "Link" below for Rail Trail information. Posted by Wally Cook

Hurley Officials Consider Suing NYC over Flooding

Note: see full article by Donna Cafaldo in the Jan 25, Daily Freeman Pg A6

Councilman John Gill proposed during Mond night's Town Board meeting that Hurley institute a class-action lawsuit against the NYC DEP. Gills call for action comes on heels of his attendance along with town Supervisor Mike Shultis at last week's press conference held by state Senator John Bonacic. Gill said he personally received damage to 100 acres of farmland, 50 of which he says can never be farmed again.

Include Army Engineers in Dam Inspections, Hinchey Says

01/25/2006 By Jay Braman Jr. , Correspondent KINGSTON - U.S. Rep. Maurice Hinchey says he has been getting lots of calls from New York City watershed dwellers lately. They wonder, he said, if their properties are safe after hearing recent reports that at least one city-owned reservoir dam in the Catskills is in bad shape, and others may not have been inspected properly. Hinchey wonders, too, and while he said his confidence in New York City's ability to take care of these problems and prevent others isn't completely shaken, he thinks it could use the expertise of the U.S. Army Corps of Engineers as it takes on the task. At a news conference Tuesday in his Kingston office, Hinchey, D-Hurley, formally called on the Corps of Engineers to assist the state Department of Environmental Conservation with dam inspections in the city's West-of-Hudson watershed where the city owns and maintains five reservoirs. The state agency conducts mandatory inspections of the dams every two years. In between, the city Department of Environmental Protection periodically inspects the dams. While lauding recent steps taken on the state level to make the state inspections yearly instead of every other year, Hinchey said he was alarmed by recent reports that city officials may have fudged routine dam inspection reports. Regardless, Hinchey says the Army Corps of Engineers would be invaluable asset. "With the support and expertise of the Corps, it is my hope that the (Department of Environmental Conservation) can increase the frequency and scope of dam inspections within the watershed, provide greater scrutiny of the inspection process and allay the fears of watershed residents," Hinchey wrote to Lt. Gen. Carl A. Strock, commander of the Army Corps of Engineers in Washington, D.C. "Initial discussions with NYSDEC indicate a willingness to partner with the Corps on this matter." Apparently, the Corps' New York District office is not permitted to get involved without permission from its Washington headquarters. But the office has been involved in related matters as recently as last fall, when it was invited to work with the Department of Environmental Protection on repair plans for the damaged Gilboa Dam in Schoharie County. "Yes, the Army Corps was involved with the Gilboa Dam situation," said Ian Michaels, a spokesman for the Department of Environmental Protection. "They took part in a workshop on the subject and reviewed the city's plans for stabilizing the dam. The Corps will also be involved in another Gilboa workshop in February, about the anchoring cables that are going to be installed." Hinchey said he has received congressional approval for a complete study of the watershed. He is working to get the funding for such a study, which he says is the first step toward ensuring the long-term integrity of the dams and prevent future flooding. So far, he said, New York City has only been concerned with supplying drinking water to downstaters. Now is the time, Hinchey said, for the city to prioritize flood prevention as well. Within the next decade, he said, the entire water supply system should re-engineered with flood prevention issues in mind. Meanwhile, Michaels said his agency is working to get a waste channel reopened in the Ashokan Reservoir that he said has been locked tight for years. Hinchey said that's fine, but noted that it would still release water into the Esopus Creek, just little farther downstream than where the reservoir spillway currently does. ©Daily Freeman 2006

Latest Scoping News

At the Hurley Planning Board meeting on January 9, Miles Putman of Shuster Associates, the Town’s planning consultant, gave the Board a preliminary review of the developer’s draft scoping document. He expects to have a final review by the Board’s next meeting on February 6. This final review will incorporate reports from the consultant review team as well as the many comments received from residents of Hurley and neighboring communities. This final review will, on the Board’s approval, be distributed to all involved agencies. Even this preliminary review runs 19 pages. His final review is expected to include the following topics: bedrock geology, soils and surficial geology, topography and slopes, hydrology: surface waters (watercourses), hydrogeology (ground water), wetlands, vegetation and wildlife, air quality and noise, traffic and transportation, utilities, land use and zoning, cultural and historic resources, visual and aesthetic resources, demographics and housing, fiscal analysis, and cumulative impacts. Each of these resource categories in the Environmental Impact Statement prepared by the developer will include the setting, the potential impacts, and measures to mitigate the impacts. Much of this review is highly technical. For instance, the part that interests most Hurley residents, that of hydrogeology or ground water, states that the Existing Conditions section will “provide a general description of existing groundwater conditions, including the presence, quality, quantity, extent and present use and rate of withdrawal of groundwater resources, including seasonal variations and fluctuations. Provide a discussion of locations of aquifers and recharge areas. It will acknowledge two recent studies prepared for the Town’s Conservation Advisory Council: Beinkafner’s study and ‘Draft Groundwater Protection Plan for the Old Hurley Area, Ulster County, New York,’ Steven Winkley, PG for the New York Rural Water Association, dated November 2005. Provide a description of off-site wells on properties adjacent to the project site.” The Environmental Impact Statement for the development, of which the main entrance is planned to be at 997 Lucas Avenue, should include detailed descriptions of many proposed actions, Including houses, streets, and existing zoning and site character. The review states: “The purpose or objective of the proposed action will be described as well as the public need for and public benefits(s) from the implementation of the proposed action.” The public does get to comment again when the developer submits the Draft Environmental Impact Statement. A more detailed version of the proposed development consultant review team is as follows: Bagdon Environmental, Delmar, NY--wetlands and terrestrial/aquatic resources; Eugene J. Boesch, PhD., Mahopac, NY--archaeological and historic resources; Creighton Manning Engineers, Albany, NY--traffic and transportation, air and noise resources; Brinnier and Larios Engineers, Kingston, NY--utilities and stormwater treatment. Shuster Associates will undertake the review of issues related to land use and zoning, visual and aesthetic resources, community services, demographics and housing, and will coordinate the work of the team. These consultant services will supposedly not cost the Town of Hurley anything. The developer has set up an escrow account with the Town for that purpose. Posted by Virginia

Planning Board Will Visit Development Site

At the January 9 session of the Hurley Planning Board and at the request of the Board, the lawyer for the developer presented the town with a large, framed color copy of the site plan for the 652-house development. This is now on view for the public in Town Hall. More detailed plans are available for public viewing in the Town Clerk's office. That office has also received transcripts of December's scoping meeting. The transcript is in both hard copy and in PDF format. It is still to be determined how this can be downloaded in homes. The period has ended for public comments on the scoping document which will offer in detail exactly what areas the developer must cover in its State-mandated environmental review. The Planning Board is still reading these comments and putting them together for the Town's Planning Consultant, Shuster Associates, to place into one format. The consultant hoped to have it ready by the next Planning Board meeting on February 6. Shuster Associates has assembled a consultant review team for Hidden Forest. There was some discussion at the meeting about whether the Planning Board can approve these consultants by itself or if it also needed the approval of the Town Board. It was decided to submit the question to the new Town attorney for his opinion. The recommended consultants are: Boyden Environmental, Delmar--wetland and terrestrial/aquatic resources Eugene J. Boesch, Mahopac--archeological and historical resources Creighton Manning Engineers, Albany--transportation Brinnier & Larios, Kingston--utilities and stormwater treatment The Planning Board wants to have a site visit sometime this month. The developer will assemble a team to lead the group from the Town consisting of members of the Planning Board, the Town Board and the newly chosen consultants. Findings from this visit are expected to be in the scoping document.

DISAPPEARING ACT

Mike Shultis enters his office and finds Gary Bellows computer inoperable and all files erased. Click on the word, "link" below or title "disappearing Act" above, to read the entire Jan. 5, Woodstock Times front page article by Andrea Barrist Stern. posted by Doris

No Development News From Audit Meeting

At the last Hurley Town Board meeting, the senior partner of the developer's law firm had requested an opinion about how many houses the Town Zoning Code would permit on the Hidden Forest acreage. Town Supervisor Gary Bellows responded that opinions from the Town Attorney, the Code Enforcement Officer and the Town Planner must be reviewed first. He hoped to be able to offer an opinion at the Town Audit meeting on December 29. This would be the last meeting of the Town Board before new members were inaugurated on January 1st. In short, nothing was done at the Audit meeting regarding the development. None of the principals involved were at the meeting, including any representatives of the developer. Mike Shultis, the newly elected Hurley Town Supervisor, and the Town Board will hold an organizational meeting at the Hurley Town Hall at 7 p.m. on Monday, January 2.

Hurley Town Board Meeting-Dec. 19, 2005

Background: This was the last formal Hurley Town Board meeting of 2005. It was also the last meeting for Town Supervisor Gary Bellows and Town Board members Al Mayone and Phil Meagher, all of whom were not reelected in November. The remaining Board members, whose terms of office were not up for election this year, are John Gill, who with his family is selling the property to the developer and who has recused himself from any votes on it, and Barbara Zell, whose husband is Chair of the Hurley Zoning Board. The following items discussed at the meeting were related to the proposed Hidden Forest 652-house development: Al Mayone read a letter from members of the Planning Board, the lead agency for the development, in which all the members requested that Paul Hakim be reappointed for another seven-year term as Chair of the Planning Board. Mr. Hakim’s current term ends on February 28, 2006. Mr. Mayone then presented a resolution which he had drawn up, resolving that Mr. Hakim be reappointed until February 28, 2013. The resolution carried. Some audience members privately wondered, without questioning Mr. Hakim’s ability, if this was an appropriate action considering that Mr. Hakim’s term still had two months to run and that a new Town Board would be taking office on January 1 and that the Town Board still had not taken action on members of other committees whose terms had run out last September. Various representatives of the Hidden Forest development were present at the meeting. All the speaking was done by Henry R. Hocherman, Senior Partner of the White Plains law firm of Hocherman Tortorella & Wekstein, the lawyers for the development (Geraldine Tortorella, the usual lawyer, was apparently busy with something else). The matter at hand was the PRD (Planned Residential Development) application, or what is the maximum number of dwelling units that Hurley will permit to be built on the 411 acres in question. Mr. Hocherman specifically wanted to know what the Town Code means by “gross acres of residential use”. So far there are four different opinions: the Town Attorney’s, the Town Building Inspector’s, the Town Planner’s, and, of course, the developer's. All differ, some widely. There may soon be more because the Town Zoning Board feels it has the right to an advisory opinion and the Town Attorney agrees with this, but the developer and the Building Inspector do not. Mr. Hocherman wanted to know what is included in gross acreage and what is not. Does it include the recreational building and related areas? Roads? Wetlands, steep slopes and other unbuildable areas? The developer maintains that as of right the entire 411 acres should be included and they could therefore build 822 units if they chose. The area is currently zoned for one acre per dwelling, but if the builders put in central water and/or sewer systems, the zoning may drop to half acre. However, federal and State wetlands and other areas where they can’t build take up at least a third of the 411 acres and roads and recreational areas would take up quite a bit more, all of which added together under a strict interpretation would allow the developer to build no more than 250 houses instead of the currently planned 652, or threatened 822. Supervisor Bellows responded by saying that if he could get all the relevant people together they might be able to offer an opinion at the Town audit meeting. This would be at 6 p.m. on Thursday, December 29 at the Town Hall, a meeting which is just supposed to, as Supervisor Bellows said, “close down the Town financially” for the year. Bear in mind, though, that a new Town Supervisor and Town Board take office just two days later so how valid any opinion offered on December 29 is debatable.

Public Information Sought on Scoping Issues

The Hurley Planning Board did hold a scoping session November 29 related to the proposed Hidden Forest 652-house development. The purpose of the session was to obtain information on what issues the public considered important enough to be studied by the State-mandated Environmental Impact Statement (EIS). Among the issues the Planning Board says will be studied in the Draft EIS are: • Project description, architecture and design • Land use and zoning • Geology, soils, topography and slopes • Wetlands, vegetation and wildlife • Surface water, drainage and stormwater management • Ground water and hydrogeology • Utilities, including water supply and sewage treatment • Traffic and access • Population and fiscal impacts • Community services, including fire, police and ambulance • Historic and archaeologic resources • Visual impacts • Alternatives to the proposed actions At the session, many area residents had excellent and knowledgeable comments about many of the above issues as well as others. The Planning Board considered it important enough to extend the period of public comment until December 31. Therefore, anyone with concerns about issues dealing with Hidden Forest is strongly encouraged to send them in writing to the Hurley Planning Board, Town Hall, 10 Wamsley Place, Hurley 12443 or to hurley-planning@libertybiz.rr.com by December 31. The part of the development that seems to be attracting the most attention at the moment is something innocuous sounding called a PRD. This is a Planned Residential Development which the Hurley Zoning Book describes as “residential developments which are planned and developed as a unit, which are self-contained, and which occupy sites of sufficient size to provide adequate separation from adjacent uses and properties.” The Zoning Book has a good fifteen pages regulating such developments. In her December 1 Woodstock Times article, Andrea Barrist Stern writes: “The developers have asked the town to approved a planned residential development (PRD) designation for the site to allow them to cluster the dwellings. The town board, which will ultimately approve or disapprove of the designation, has asked the town planning board to act as lead agency during the project’s state-mandated environmental review (SEQRA) and make a recommendation regarding the PRD based on its findings. “If the planning board recommends against approval of a PRD and the town board follows suit, the developer could then build homes on one-acre lots at the site, noted [Paul Hakim, chairman of the planning board]. But it is unclear just how many single homes could be constructed under those circumstances since about one-third of the property is believed to be wetlands and much of the property is sloped. Hakim said the planning board is currently calculating the number of units that would be permitted without a PRD designation.” The 411 acres are currently zoned R-1, meaning that each house must be on a little under an acre. However, if the development provides public water and sewerage each dwelling could be on a little under half an acre. But before the PRD allowing the clustering of the dwellings can be approved, the developers must obtain the necessary permits for their planned public water and sewerage systems. Making it more complicated is that while the Hurley Zoning Book requires that “At least 30% of the gross site area in a PRD shall be set aside as open space and shall remain and be maintained open in perpetuity, ” this does not eliminate, at least to a non-expert in the field, the spaces which they cannot build on in the first place, such as wetlands and steep slopes. Judging from the last maps provided by the developer, they are planning on building on every square inch that they are allowed to, leaving as “open space” only such areas as the State-designated and some federal wetlands. The same holds true for “maximum land use intensities” where “two dwelling units per gross acre [including roads] devoted to residential use” are the most that are allowed. The developers claim a 0.63 dwelling density per acre, or slightly above the allowable limit, but this is for the 411 acre total, including the wetlands and steep slopes where they can’t build anyway. Considering that, with a conservative estimate, the developer could not build on at least a third of the 411 acres, one-acre zoning would allow 274 houses, or less if the recreational center and swimming pools and such are still on the agenda. Even on half an acre zoning this would allow 548 houses, or considerably less than the 652 now proposed in the PRD. As stated previously, designating a PRD is an extremely complicated process. If anything described here needs correction or comments, please do so. It would be most welcomed.

SCOPING SESSION SET FOR HIDDEN FOREST NOV. 29

Public Comments Invited at November 29 Meeting The Hurley Planning Board’s scoping session for the Hidden Forest development has now been rescheduled for Tuesday, November 29 at 7 p.m. It will be at the St. Joseph’s Mission on Zandhoek Road, near Lucas Avenue Extension. This is the meeting that was to be hold on October 26, but which was cancelled at the last minute. Let’s hope this one goes through. Scoping is part of the New York State-mandated Environmental Impact Statement (EIS) required of all large developments. It is the process by which the issues to be addressed in the EIS are identified. According to the NYS Department of Environmental Conservation (DEC), the objectives of the process include focusing the EIS on potentially significant adverse environmental impacts, identifying the extent and quality of information needed about each issue, and specifying the range of reasonable alternatives. “Scoping must provide the public with an opportunity to participate in the identification of impacts ” is also one of the objectives. This is one of the very few times the residents of Hurley will have a chance to have a formal input about their concerns regarding the development. The DEC advises that the public be as specific as possible about concerns. Among the areas which the developers are to cover in the EIS are land use, zoning, geology, soils, topography and slopes, wetlands and watercourses [streams], vegetation and wildlife, stormwater management [runoff], water supply, wastewater treatment, traffic and transportation including access roads, town population and characteristics, housing supply, fiscal impacts such as property taxes, economic activity, historic and archeological resources, visual resources, air quality, noise, and community facilities such as schools, fire and emergency protection, police, parks and recreation, and libraries. Among environmental issues not mentioned is lighting. Comments on any or all of these topics and even those not mentioned may be made verbally at the meeting or in writing to Paul Hakim, Chair, Hurley Planning Board, Hurley Town Hall, 10 Wamsley Place, Hurley, NY 12443. They should be sent by the date of the meeting, although there is the possibility of an extension of a few weeks. The State does not require scoping comments to be accepted after this final date without a long, formal process. Judging from past meetings, residents most likely will not receive adequate responses to questions at this session, but your opinions will be noted. And the more people who attend the session, the more the developers and the town officials will be aware that the people of Hurley very much care about the town and its future.

SCOPING SESSION SET FOR HIDDEN FOREST-Note: MEETING IS CANCELLED

THIS MEETING IS CANCELLED-HURLEY -- The town Planning Board will have a public session Oct. 26 to determine the scope of an environmental review for the proposed 652-unit Hidden Forest development. The session will take place at 7 p.m. at the St. Joseph’s Mission, Zandhoek Road. The planned residential development is proposed for a site between U.S. Route 209 and Lucas Avenue.

Hidden Forest Development News

On October 3, 2005, the Hurley Planning board met with Ms Gerri Tortorella representing Hidden Forest Development. Ms. Tortorella confirmed that an escrow account for $50,000.00 is in place. This will cover the cost of hiring whatever experts the town might require for the development of the Environmental Impact Statement (EIS). Hidden Forest has sent their finalized statement regarding the acceptance of the planning board as lead agency and the establishment of the escrow fund to Mr. Darwak, the town's lawyer. The board confirmed that they have received a Positive Declaration (POSDEC) from Hidden Forest developers of their intent to file a Draft Environmental Impact Statement (DEIS). The State Environmental Quality Review (SEQR) process begins with the publishing of the POSDEC in the Environmental Notice Bulletin. A public scoping session will be held. While the State requires that certain environmental aspects must be considered in the DEIS the public can require additional aspects to be examined. It was suggested that the meeting be held at St. Joe's since a large crowd is expected. A secretary should be available to record all suggestions. The following dates were proposed: October 20, 26 or 27 and November 2. The actual date depending on the availability of St. Joe's. Ms.Tortorella was also given Joan Paccione's name so that the Conservation Advisory Committee can be included in the information loop. For citizens who would like to know more about the SEQR process and timelines can go to the DEC SEQR website at www.dec.state.ny.us./website/dcs/seqr/index/html or click on the link on right hand column on this blog. Submitted by Maeve Maurer, member of the Hurley Conservation Advisory Council.

HURLEY PLANNING BOARD MEETING

At their September 12, 2005 meeting, the Hurley Planning Board formally appointed itself the Lead Agency for the proposed “Hidden Forest” 652-house development in the absence of a request from any other Involved Agencies to take on the job, according to Chair Paul Hakim. A Lead Agency is responsible for undertaking, funding or approving an action, and for the preparing and filing of any required environmental impact statement (EIS). They decide what does and does not go into the EIS. Geraldine Tortorella, the lawyer and agent for the proposed project, made a site plan presentation at the meeting in which the primary change was that Lucas Avenue instead of Route 209 would now be the primary means of entrance and egress from the project. Route 209 would be listed as a designated alternative on the Draft Environmental Impact Statement (DEIS). The change was apparently made because they anticipated lengthy and possibly negative negotiations with the New York State Department of Transportation about the road cut and traffic light at Route 209. Ms. Tortorella stated that “they” (presumably meaning her law firm of Hocherman Tortorella & Wekstein, LLP and the “contract vendee,” Hurley 209 Company LLC) are currently working on a draft scoping document. “Many studies are currently under way,” she noted, and explorations for water are continuing. The next order of business will be to work out an agreement with the Hurley Town Board on an escrow account from which the Town could draw any necessary expenses related to the project. The Hurley Planning Board has yet to schedule a date for a scoping session to develop an outline with the details of the topics to be addressed in the Environmental Impact Statement. A series of relevant workshops might also be planned. According to the New York State Department of Environmental Conservation (DEC), “The scoping process has six objectives: • focus the draft EIS on the potentially significant adverse environmental impacts; • eliminate non-significant and non-relevant issues; • identify the extent and quality of information needed; • identify the range of reasonable alternatives to be discussed; • provide an initial identification of mitigation measures; and • provide the public with an opportunity to participate in the identification of impacts.” A full environmental form is expccted to include information on: the project’s impact on land, water, air, plants and animals, agricultural land resources, aesthetic resources, historic and archaeological resouces, open space and recreation, critical environmental areas, transportation, energy, public health, and growth and character of community or neighborhood as well as noise and odor impacts. The law requiring all this is the New York State Environmental Quality Review Act (SEQRA). It states: “Scoping must include an opportunity for public participation. The lead agency may either provide a period of time for the public to review and provide written comments on a draft scope or provide for public input through the use of meetings, exchanges of written material, or other means....The lead agency must provide a copy of the draft scope to all involved agencies, and make it available to any individual or interested agency that has expressed an interest in writing to the lead agency. ..All relevant issues should be raised before the issuance of a final written scope.” Therefore, anyone interested in having a say or just knowing about the ways in which this proposed development is going to have an impact on the future of Hurley (and Marbletown and Rosendale), should request IN WRITING a copy of the draft scoping statement from: Paul Hakim, Chair Hurley Planning Board Hurley Town Hall 10 Wamsley Place Hurley, NY 12443

Lead Agency for Development Still Undecided

The Hurley Planning Board along with the developer has finally sent out their letter asking if any other Involved Agency would like to be the lead agency for the 652-house development in Hurley. These agencies have 30 days in which to answer and if no agency says they want to be the lead agency, then the Planning Board will be it automatically. The end of the 30 days would be somewhere around mid-August. The Planning Board has cancelled its August meeting and scheduled their next meeting for Monday, September 12 at 7 p.m. presumably to announce the name of the lead agency then. If they don't re-schedule a meeting for August, nothing concerning the development can legally happen until mid-September.