JAY — The developer who has submitted three rounds of application materials to the Adirondack Park Agency for a large-scale development in the town of Jay — all of which the APA has deemed incomplete or unsatisfactory — has now submitted a fourth round of application materials.

Miami developer Eric Stackman wants to build a resort-style development with townhomes, estates, cabins and guest suites with multi-use trails and a greenhouse on more than 380 acres along state Route 9N and the AuSable River in Jay. After filing an initial permit application for the project with the APA in October 2021, a public comment period for the project in December 2021 produced nearly 200 pages of comments that were mostly opposed to the project. Later that month, the APA stamped the application with a Notice of Incomplete Permit Application, or a NIPA. Since then, Stackman and the APA have been caught in an exchange of application materials, with Stackman submitting two more rounds of application materials and with the APA issuing Stackman his second NIPA this past September. The proposed development is considered a “large-scale development” and is subject to APA approval.

On Friday, Roberta Alba — Stackman’s consultant — sent the APA around 60 pages of new application materials, all of which the APA requested in its latest NIPA to Stackman.

There are three new “concept” maps showing buffer zones around the property’s wetlands and proposed trails on the property, as well as proof that Stackman has hired consultants to perform field and biological studies on the land to measure potential impacts to flora and fauna on the property, as well as letters from the state Office of Parks, Recreation and Historic Preservation — or OPRHP — and engineers, law enforcement, and first responders saying whether or not they believe Stackman’s project could be supported by the town’s infrastructure and emergency services.

Though Stackman addressed many of the September NIPA’s requests for information, he responded to several other requests by writing, “TO BE FINALIZED UPON SITE PLAN APPROVAL.”

The concept for Stackman’s proposed development has changed considerably since he first presented it to the APA in 2021. The proposal originally included 20 townhomes, 60 villas with an optional guest suite, 18 estates with an optional guest suite, and possibly six mansions or six hotels containing 17 rooms each, or a total of 72 rooms. Now, Stackman is proposing to build 18 estate homes, 37 townhomes, a greenhouse with a farm, six guest houses, a retreat cabin set back in the woods, a streamside cabin near the shore of existing wetlands in the woods, a fire tower at the top of a scenic vista on the property, a clubhouse and restaurant, and, possibly, a spa and wellness center, an events center with a parking area and a helipad.

Alba penned a message in the new application on behalf of Stackman, which said the proposed project is a “personal one” for Stackman — “one that we have taken great care with, in properly addressing your concerns,” Alba wrote.

“We strive to ensure a successful approval of what we feel is a positive growth opportunity for the town of Jay, Au Sable Forks and the surrounding communities,” Alba added.

Stackman’s new application materials are available at tinyurl.com/y3y6jry9.

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Flora and fauna

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Stackman writes in his application that his Jay property is “almost entirely wooded” and has a history of being used for logging. He said historic aerial shots of the land show that it was in the process of reforestation in the 1940s and 50s.

The site contains a high population Pine-Northern Hardwood Forest, which is considered vulnerable in New York, along with Oak Pine forest, though the property is dominated by white pine, according to Stackman’s application. There are currently almost 4 miles of trails on the property, according to the application.

Stackman writes that he believes the proposed development would have a “minimal” effect on the forests since the development’s design clusters the housing units near route 9N, with less than 10% of the 385 acres being proposed for development.

Stackman implies several times that roadways like 9N, trails, developments and other environmental “disturbances” that currently surround Stackman’s land — as well as his property’s history of logging — provide precedent and context for the proposed development.

“… While a large portion of the Adirondacks have been logged in the past, it is worth mentioning that this parcel is not ‘virgin land,'” Stackman wrote. “It has a history of man-made disturbance. Older images, dating back to 1947, show significantly logged and largely cleared areas within the property and the proposed development site.”

He said his development is proposed to be “clustered up against extensive, already disturbed areas which span the AuSable River along NYS Route 9N.”

Stackman stated that animals listed as endangered or threatened by the state or by the U.S. Fish and Wildlife Service, or USFWS, weren’t observed in a two-season study of his land. However, the study showed that northern long-eared bats, Appalachian tiger beetles, and meadow horsetails “have their needs met” on the site and have “the potential to occur,” according to the application, which shows that all of these species have been observed next to or within less than 2.5 miles of the site.

Northern long-eared bats are listed as “threatened” and considered “critically imperiled” in New York — meaning the bats have five or fewer known populations or locations in the state, according to the DEC’s New York Nature Explorer, a server that tracks the threat status of species across the state. Appalachian tiger beetles have an unlisted threat status, though they are considered “imperiled” in New York and “vulnerable” globally, according to the Nature Explorer. Meadow horsetail is listed as “threatened” by the state, though it’s globally considered secure. Stackman said any tree-clearing activity would be saved for winter to protect the bats, when they usually hibernate in caves and mines, according to the USFWS.

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Wetlands

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Stackman’s studies found nine wetland lines spread across five separate locations on the property. The U.S. Army Corps has jurisdiction over four of the five wetlands locations, according to the application, a determination usually reserved for wetlands that filter into a navigable waterway — like the AuSable River.

The property’s wetlands have a connection to the East Branch of the AuSable. Stackman states that only a minor amount of development is proposed “anywhere near” the APA’s 100-foot wetland buffer zone. However, he’s planning to apply for a setback variance to build a boardwalk and a bridge that would cross over wetlands in the southwest part of the property, on either side of a “stream side” cabin that’s connected to the property’s proposed trail system. He said the crossings wouldn’t be paved, and that they’d serve “forest and service road maintenance, property access controls and security of the community.” He’s also planning to draw up a Stormwater Pollution Prevention Plan to prevent salt and other runoff from eventually ending up in the AuSable, according to his application.

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Utilities, fire, law enforcement

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Stackman estimates that he’ll need 54,031 gallons per day in sewer capacity and 53,690 gallons per day of water capacity with a total of 113,690 gallons of water storage. His property is within the town of AuSable Forks’ water and sewer districts.

In a letter to Stackman, Peter Gibbs — the senior engineer with Engineering Ventures — relayed comments from Jay town Supervisor Matt Stanley saying that the AuSable Forks Water District’s capacity to support the development “should be fine,” as long as AuSable Forks doesn’t enter into a contract with the town of Black Brook to be their backup water supply. He also noted that Stackman might need to replace some existing water mains in the district to support the development, and that buildings at higher elevations on the property might need their own pressure booster station.

However, Gibbs said the town’s sewer district capacity “is still in question.”

“A portion of the proposed development may be handled by the sewer district, but the developer should count on using onsite sewage treatment systems for the majority of the units,” Gibbs wrote.

While Essex County Emergency Services Director and Fire Coordinator Matthew Watts told Stackman that the county’s dispatch could handle an increase in call volumes that might be created by the development, Jay Volunteer Fire Department Fire Chief Jamie Coolidge expressed concerns about his department’s ability to respond with mutual aid to fire calls in the development. Though Stackman’s development is technically located in the AuSable Forks fire district, correspondence from the AuSable Forks Fire Department wasn’t included in Stackman’s application materials.

Coolidge said his department was concerned about the steepness and grade of the roads and his department’s ability to access the proposed development’s roads — especially in winter conditions. In the event of a serious fire, “several dozen” trucks could be responding to the property at once, Coolidge wrote, and the trucks need roads to be cleared and have appropriate bends. He also noted that, if the property can’t be fully supported by the town’s water supply, fire departments would have to truck water into the property in the case of a fire. And with the cabins and trails proposed along small multi-use trails in the Woods, Coolidge said his department could likely only access a fire or lost person there with smaller brush trucks.

David Reynolds, Essex County sheriff, said the development wouldn’t put any extra strain on the sheriff’s office, though he advised Stackman to reach out to New York State Police since troopers often respond to calls in that area. No correspondence with the State Police was included in Stackman’s application.

The old Cairnes Granite Barn is located on Stackman’s property. Though the OPRHP said Stackman’s property is on an “archaeologically-sensitive” piece of land, it was determined that there were no archaeological sites on the property and that Stackman’s development wouldn’t have a negative effect on any preexisting or potential historic sites. The determination didn’t include measurements of environmental impacts, according to the OPRHP.

Stackman’s new application materials will next be reviewed by the APA for completeness, according to APA Public Information Officer Keith McKeever. If the APA deems Stackman’s application complete, his application materials will go out for a second round of public comments. If not, the APA would issue Stackman a third NIPA, according to McKeever.