DEPARTMENT OF ENVIRONMENTAL CONSERVATION

STATE OF NEW YORK

In The Matter Of The Applications For Permits To Construct
And Operate A Proposed Development To Be Known As
The Belleayre Resort At Catskill Park, Located In The Town
Of Shandaken In Ulster County, New York, and The Town
Of Middletown In Delaware County, New York, Pursuant To
Environmental Conservation Law Article 15, Titles 5 And
15; and Article 17, Titles 7 And 8, And Parts 601, 608 And
750 Through 758 Of Title 6 of the Official Compilation Of
Codes, Rules And Regulations of the State Of New York ("6
NYCRR"), and for a Water Quality Certification Pursuant To
Section 401 Of The Federal Water Pollution Control Act
And 6 NYCRR Part 608,

AFFIRMATION IN
SUPPORT OF THE
PETITION FOR PARTY
STATUS BY PUA
ASSOCIATES, LLC

-ByCrossroads Ventures, LLC,

Applicant.
DEC Project Numbers: 0-9999-00096/00001; 0-999900096/00003; 0-9999-00096/00005; 0-9999-00096/00007;
0-9999-00096/00009; and 0-9999-00096/00010

ROBERT H. FELLER, affirms under penalty of perjury:

1. I am an attorney admitted to practice in good standing in the State of New York.
2. I represent PUA Associates, LLC (PUA) and I make this affirmation in support of
its petition for full party status in this proceeding.
3. I am fully familiar with the proposals submitted by Crossroads Ventures, LLC
known as the Belleayre Resort at Catskill Park and I make this affirmation on the
basis of personal knowledge and a review of documents.

331380.1 11/14/2014

Background, Identity of Party and Representatives

4. Mr. Benjamin Korman is the asset manager for PUA Associates, LLC, (PUA), the
owner of a parcel of property on the west side of Route 49A (Tax Parcel ID No.
309.-1-50.2 in the Town of Middletown) that is adjacent to much of the
development proposed in the environmental impact statement (EIS) in the
Highmount area.

This property is referred to in the EIS as the Galli-Curci

Property. This parcel and two others (collectively encompassing approximately

137 acres) constitute the site of a listing on both the National and State Registers
of Historic Places.
5. The Galli-Curci Property houses the Galli-Curci Mansion which has been listed
as a historic building on the State and National Registers of Historic Places. The
Galli-Curci Property also houses 9 other buildings and structures which were
determined to be contributing resources to the listing.

The documents

supporting the listing are attached to my affirmation as Exhibit 1 and 2

respectively and incorporated therein.
6. The other two parcels that are part of the State and National Registers listings
are owned by the applicant, Crossroads Ventures, LLC. These parcels include
the area identified in the EIS as the Old Leach Farm (Tax Parcel ID No. 309-150.1 in the Town of Middletown), proposed as the site of the Leach Farm
Conference Center and the area immediately across County Route 49A from the
Galli-Curci Property that is proposed as part of the Highmount Spa complex (Tax
Parcel ID No. 3.-1-1 in the Town of Shandaken).
2

331380.1 11/14/2014

7. In the event that PUA is granted full party status, Mr. Korman will act as its
representative.

PUA will be represented by Bond, Schoeneck &King, PLLC,

Robert H. Feller, of counsel.

Environmental Interest
8. As noted above, the Galli-Curci Mansion is listed on both the State and National
Register of Historic Places.
9. PUA has an interest in insuring that the Galli-Curci Mansion and the contributing
resources are not adversely affected by the proposed project.
10. Specifically, with respect to the above-mentioned historical resources, PUA has
an interest in ensuring that:
a. No visual element is introduced which is out of character with the property,
which would otherwise alter its setting or cause an adverse visual impact
to be suffered ;
b. Blasting proposed for the project will not destroy or alter any structures or
otherwise adversely affect their structural integrity;
c. Increased traffic caused by the project does not alter the propertys
environment or introduce audible or atmospheric elements which are out
of character with the property or alter its setting;

331380.1 11/14/2014

d. Increased noise caused by the project does not alter the propertys
environment or introduce audible or atmospheric elements which are out
of character with the property or alter its setting;
e. Increased stormwater runoff does not cause flooding or erosion;
f. The construction or operation of the project does not disrupt the propertys
water supply;
g. The construction or operation of the project does not compromise the
security for the property.
h. The project be sized and designed in such a way that it is in character with
the community that hosts it.
Interest Relating to Statutes Administered by DEC
11. The statutes administered by DEC in which PUA has an interest relevant to the
project are:
a. State Environmental Quality Review Act, Environmental Conservation Law
(ECL) Article 8.

DEC has the responsibilities of the lead agency for

project review.
b. State

Historic

Preservation

Act,

Preservation Law (PRHRL) 14.09.

Parks

Recreation

and

Historic

DEC has the obligation to fully

explore all feasible and prudent alternatives and give due consideration to

331380.1 11/14/2014

feasible and prudent plans which avoid or mitigate adverse impacts on the
property.
c. ECL Article 17. Water Resources. This statute provides the authority to
regulate stormwater discharges and protects the quality of the waters of
the State, including groundwater sources.
Grounds for Opposition
12. The grounds for PUAs opposition to the project are contained in two comment
letters that were submitted during the comment period for the draft supplemental
environmental impact statement and the associated draft permits. These letters
are attached as Exhibit 3 and 4 to my affirmation and incorporated therein.
13. The response to comments provided by DEC has failed to assuage any of these
concerns.
14. The grounds for opposition with respect to two of these concerns, visual and
noise impacts, are further elaborated immediately below in the filings made
demonstrating that substantive and significant issues exist for adjudication.
Issues for Adjudication
15. PUA proposes two issues for adjudication adverse visual impacts and
excessive noise impacts to the Galli-Curci Property, a National and State Historic
Register Property.

331380.1 11/14/2014

16. Affidavits of Matthew Allen and Mark Millspaugh are also being submitted in
support of the Petition and explain why these issues are substantive and
significant.
17. Matthew Allen and Mark Millspaugh are the witnesses who would testify in
support of PUAs case on these issues. There affidavits state the nature of the
evidence PUA expects to present; and the grounds upon which the assertions
are made with respect to those issues.
Late Filed Petition for Party Status
18. Although petitions for party status were originally required to be filed in 2004,
there is ample justification for granting a petition for party status at this date.
19. The issues raised by this petition relate to the newly proposed development at
Highmount that resulted from the implementation of the AIP. In the proposal that
was under consideration in 2004, the only development at Highmount area was a
collection of 21 houses to be constructed by the Leach Farm. Currently, the
proposal calls for a facility which will house a 120-unit hotel, a spa and 53
fractional ownership units.

The new plans also call for a multi-level lodge

containing 27 fractional ownership units, sixteen detached lodging units and 8

duplex units for the Highmount area. The applicant also proposes to develop the
Leach farm parcel as a conference center.
20. In the development proposed in 2004, there was little potential impact on the
Galli-Curci Mansion and/or the Galli-Curci Property. The revisions to the project

331380.1 11/14/2014

made since the date in early 2004 when petitions for party status were due are
massive and, as set forth in this Petition, could have a very significant adverse
impact on the Mansion.
21. The Office of Hearings and Mediation Services has already invited the parties to
make a demonstration of issues that result from the changes to the project
occasioned by the AIP. At least one party, Friends of the Catskill Park, has
proposed the identical issues for adjudication as has PUA. If those issues are
determined to be substantive and significant, they will be litigated whether or not
PUA has party status. Therefore, PUAs participation will not significantly delay
the proceedings or prejudice any of the other parties.
22. Due to PUAs specialized knowledge about the Galli-Curci Estate, including the
basis for its listing on the State and National Registers of Historic Places, its
participation as a party will materially assist in the determinations of issues raised
by this proceeding.

Robert H. Feller
November 17, 2014

331380.1 11/14/2014