The APA issued Stackman his third NIPA — or Notice of Incomplete Permit Application — on April 28, more than two weeks after Stackman submitted a fourth round of application materials on April 10 for his proposed luxury development on more than 380 acres with wetlands and forests off of state Route 9N in Jay. Stackman and the APA have been exchanging materials related to the proposed development since Stackman first applied for a permit with the APA in October 2021.

John Burth, an environmental program specialist with the APA and the author of Stackman’s third NIPA, said that Stackman has yet to address some requests outlined in his second NIPA issued this past September — including the submission of a site design that details all proposed vegetative clearing, development and soil disturbance.

Stackman provided three different development designs in his most recent application materials on April 10. If he can’t provide a revised site design up to APA standards, Burth wrote, Stackman would need to identify which of these designs is the “current proposal.” Additional wetland delineations, visual and slope analyses, a biological survey by a qualified biologist spanning multiple seasons and other studies would be required if Stackman’s site design doesn’t meet APA standards.

Burth also asked Stackman to submit more correspondence with local and state entities indicating that his proposed development could be supported by area infrastructure and accessible to first responders in the case of an emergency.

To complete this part of his application, Stackman would need to submit correspondence with New York State Police and the Ausable Forks Volunteer Fire Department, the New York State Electric and Gas Company and the state Department of Health, as well as continued communications about approvals and jurisdiction over his project with the state Department of Transportation and the state Department of Environmental Conservation.

Based on submitted correspondence with Jay town Supervisor Matt Stanley, Burth wrote, an extension of the municipal sewer system to Stackman’s proposed development wouldn’t be feasible. He wrote that Stackman needs design plans that meet APA standards for any proposed on-site wastewater treatment from a state-licensed design professional.

Other application materials Stackman has yet to provide to the APA include information about any proposed ground-mounted solar arrays, a more detailed description of the development and proposed activities that would take place there, an adequate forest management plan, documentation from local entities approving of any proposed roads or infrastructure that might connect to the town of Jay, and a description of who would own and maintain proposed access roads, utilities, open space, trail systems and other amenities — including proposed housing for employees.

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. 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.

Stackman’s application materials, including the public comments and the APA’s NIPAs to Stackman, are available at tinyurl.com/538ymjd9.

If Stackman chooses to resubmit application materials, the APA would perform another review for completeness. If the APA deems Stackman’s application complete, his application materials would go out for a second round of public comments. If not, the APA would issue Stackman a fourth NIPA.