Posts Tagged ‘APA’

Thursday, October 30, 2014

APA Gets Ideas For Amending State Land Master Plan

OLYMPUS DIGITAL CAMERAThe Adirondack Park Agency is considering two amendments to the State Land Master Plan, both concerning the Essex Chain Lakes region, but the agency likely will be asked to weigh broader changes to the document.

The Adirondack Park Local Government Review Board already has set forth nine proposals for amending the master plan, which governs the state’s management of the Forest Preserve.

“There’s going to be more, but that’s a start,” Fred Monroe, the board’s executive director, told Adirondack Almanack at an APA “listening session” Wednesday evening, the first of four such meetings that the agency plans to hold to gather ideas on amending the master plan.

» Continue Reading.



Thursday, October 30, 2014

Understanding The State Land Master Plan, Part 2

APSLMP - LogoI have no doubt that when the Adirondack Park Agency (APA) announced its intent to begin an amendment process for the Adirondack Park State Land Master Plan (SLMP), more than one preservation-minded advocate held their breath for a moment. The master plan, after all, is the document that has guided the management of the Forest Preserve for the past forty-two years. It has capped the amount of roads and snowmobile trails to essentially 1972 levels, kept snowmobile trails reasonably narrow and trail-like, and kept both roads and snowmobile trails out of the designated Wilderness areas. For a preservationist who seeks to foster the wild forest character of our state lands, these are accomplishments worth celebrating.

On the other hand, people seeking enhanced access to the Forest Preserve for a greater number of people will list these same SLMP accomplishments as a set of roadblocks that should be reconsidered.

The current amendment process is being conducted because in 2013, as part of the classification package that designated the Essex Chain Lakes Primitive Area, the APA promised it would revisit the SLMP to see if there was a way to open these lands to mountain bike use. The area was classified Primitive to balance competing political influences: on one side, a desire to keep the lakes as motorless as possible — floatplanes notwithstanding — while on the other hand allowing motor vehicle access on some of the surrounding roads. In an odd twist, some traditionally preservation-minded voices were more than okay with this, calling the classification scheme “wilderness with access” — turning the old “Access versus Wildness” argument on its head. » Continue Reading.



Wednesday, October 29, 2014

Feds Preserve Local Jurisdiction Over Cell Towers

Exit 29 Cell Tower - North Hudson (APA Photo)A coalition of New York’s environmental and historic preservation organizations is expressing its gratitude today after receiving a decision from Federal Communications Commission (FCC) that preserves the rights of state and local governments to regulate the size, shape and visibility of telecommunications towers in scenic and historic areas, including the Adirondack Park.

In January, the groups sent a joint letter to the FCC, urging federal officials to recognize that scenic beauty and historic significance are the backbone of local tourism, both inside and outside of the Adirondack Park.  In public comments on a proposed FCC rule, they asked the commissioners to reject the notion that expansions of 10 percent or more in the height or width of cell towers would have no impact on the environment or historic preservation. » Continue Reading.



Tuesday, October 28, 2014

Bill Ingersoll: Understanding The State Land Master Plan

APSLMP - LogoRecently, the Adirondack Park Agency (APA) announced that it will commence an amendment process for the Adirondack Park State Land Master Plan, the document that sets the state’s management policies for the Forest Preserve and other state-owned lands in the Adirondack Park.

For some people this action will be seen as a long-overdue opportunity to update an important document that has not been materially amended since 1987. For others, this will be a period of apprehension—an opportunity for opponents to weaken certain cherished provisions that have been in place since 1972. » Continue Reading.



Monday, October 27, 2014

Commentary: Make Ecology Cornerstone Of State Land Plan

Slide BrookThe Adirondack Park Agency has announced that it is opening the Adirondack Park State Land Master Plan for review. This is momentous news. Together with the Land Use and Development Plan which governs development on private land in the Park, the State Land Master Plan (SLMP) is one of two fundamental documents used to carry out the will of the people, as expressed in Article XIV of the NYS Constitution, that the Adirondack Forest Preserve  should be “forever kept as wild forest lands”.

My interest in revising the SLMP is to strengthen its focus on ecological integrity over more traditional notions of open space. The SLMP, to its credit, already emphasizes science and ecology. But it was written in 1972, when ecology was still very much a nascent science. It can be a stronger document by taking advantage of forty years of maturation in a discipline more relevant to the protection of the Adirondacks than any other. » Continue Reading.



Thursday, October 23, 2014

Adirondack Park Master Plan Public Hearings Set

APSLMP - LogoThe Adirondack Park Agency (APA) will hold a series of what it’s calling “public listening sessions” to solicit comments regarding their plan to amend the Adirondack Park State Land Master Plan (SLMP).  The SLPM was written to govern management of the constitutionally protected “forever wild” lands in the Adirondack Park.

Changes to the plan for state lands in the Adirondacks are currently being considered, including: allowing the use of “all-terrain bicycles” in the Essex Chain Lakes tract, building a steel bridge over the Cedar River for snowmobiles, and other wider changes. For example, snowmobile and ATV owners are also pushing for wider motorized access to Adirondack Forest Preserve and there could also be a push by the Adirondack Powder Skier Association to clearly allow cutting backcountry glades for skiing.

The public will have the opportunity to be heard on changes to the Adirondack Park State Land Master Plan at the following four meetings: » Continue Reading.



Tuesday, October 21, 2014

Message to APA: Know Your Own Master Plan

APSLMP - LogoThe Adirondack Park Agency has announced that they will hold “public sessions” in the coming weeks to consider changes to the Adirondack Park State Land Master Plan. The State Land Master Plan has been part of the Executive Law since 1972. It is the planning document guiding the management and public use of all state lands in the Park, including the New York State Forest Preserve. It includes landscapes as distinct from each other in character as the Five Ponds Wilderness Area and the Crown Point State Historic Site.

All of these sessions could be positive if they are respectful, well informed, organized, focused and led. The sessions also should be well grounded in State Land and Forest Preserve history. » Continue Reading.



Thursday, September 18, 2014

Foes Of Tupper Lake Project Denied Leave To Appeal

ACR-aerial3Opponents of the proposed Adirondack Club and Resort in Tupper Lake have suffered another legal setback in their quest to stop the project.

The Appellate Division of State Supreme Court has refused to grant the opponents leave to take their case to the Court of Appeals, the state’s highest tribunal.

Peter Bauer, executive director of Protect the Adirondacks, said the opponents will file a similar motion with the Court of Appeals itself within thirty days. The high court is expected to issue its decision by the end of the year.

» Continue Reading.



Tuesday, September 16, 2014

Is The APA’s Land-Use Plan Mandatory Or Not?

ACR-aerial3Backers of the Adirondack Club and Resort complain that their opponents are stalling the project by appealing the Appellate Division’s 5-0 decision in favor of the resort.

That’s an understandable reaction, but the opponents have raised an interesting legal question with broad ramifications for the whole Adirondack Park. At least, that’s how it appears to a layman.

The question is: Are the development guidelines set forth in the Adirondack Park Land Use and Development Plan mandatory or not?

In a decision in July, the Appellate Division suggested that they are not mandatory.

The question came up because the project’s opponents contend, among other things, that dividing up timberlands for “Great Camp” estates violates the land-use plan.

» Continue Reading.



Monday, September 15, 2014

ATV Damage in the Black River Wild Forest

ATV damage to the Gull Lake Trail, Black River Wild Forest.On August 29th, I visited the Gull Lake and Chub Pond trails in the Black River Wild Forest. I photographed all sorts of trail and wetland damage from All Terrain Vehicle (ATV) use on these trails. ATVs are not allowed on these trails, but the Black River Wild Forest area has a history of illegal ATV use, and I thought that the damage to these trails reflected more of the same.

I had received reports about ATV damage in this part of the Forest Preserve earlier this year. The previous week I had spent time in the Ferris Lake Wild Forest inventorying trail damage from ATVs and photographing ATV side-routes around various barrier gates put up by the Department of Environmental Conservation (DEC). It appeared that the damage to the Chub Pond and Gull Lake trails was also caused by illegal trespass. The usual telltale signs of illegal trespass and recreational riding were evident. » Continue Reading.



Wednesday, August 20, 2014

Bauer: APA Must Lead State Land Master Plan Revision

Adirondack State Land Master PlanThe Common Ground Alliance (CGA) recently met in Long Lake. One of the break-out sessions focused on reform of the Adirondack Park State Land Master Plan (SLMP), which is the policy document for management of the Forest Preserve. The Common Ground Alliance effort is one of a handful of organizing efforts around the Adirondacks where ideas are being collected to detail potential changes to the SLMP.

In its December 2013 resolution classifying the Essex Chain Lakes/Pine Lake Primitive areas and Hudson Gorge Wilderness area, the Adirondack Park Agency (APA) committed to examine several items for possible SLMP revision. Since then, there has been no action by the APA or release of a public memo detailing a schedule for the APA to follow up the December 2013 resolution. In this void, various APA Commissioners have made comments at APA meetings, as has the representative from the Local Government Review Board, that express the desire that the APA undertake a revision of the SLMP well beyond the scope of the December 2013 resolution.

The SLMP has worked effectively for 40 years. As a frequent user of the SLMP, I’m continually impressed by the durability and prescience of this regulatory document. Though it was written long before wildlands management developed as a professional field, it has served the Adirondack Forest Preserve exceedingly well. » Continue Reading.



Thursday, August 14, 2014

NYCO Arguments Postponed Till Late October

plumley lot 8Arguments in State Supreme Court over NYCO Minerals’ plan to drill for wollastonite on Lot 8 in the Jay Mountain Wilderness have been postponed until October 24.

In July, Earthjustice obtained a temporary restraining order to block the test drilling. At the time, Justice Thomas Buchanan scheduled arguments for August 22 on whether the ban should remain in effect for the duration of a lawsuit filed against NYCO, the Adirondack Park Agency, and the state Department of Environmental Conservation. » Continue Reading.



Wednesday, August 6, 2014

Peter Bauer: No Balance In NYCO Mining Expansions

NYCO-Map-1On the heels of the passage of Proposal 5 last November to sell 200 acres of Forest Preserve to NYCO Minerals, Inc., state agencies and NYCO are now going for broke in new permit applications for a massive expansion of NYCO’s two mines in the Town of Lewis. At the December 2013 meeting of the Adirondack Park Agency (APA) there was unanimous cheering among the APA Board and senior leadership over passage of Proposal 5. In those same weeks, NYCO began its applications to expand its two mines in Lewis.

NYCO is seeking major expansions of both mines. With its political fortunes at an all-time high, the time is right to permanently change the scale of its mining activities in the Champlain Valley. » Continue Reading.



Wednesday, August 6, 2014

A Judicial Retreat From Protecting The Adirondacks

Lady JusticeThe recent decision by the Appellate Division of State Supreme Court upholding the approval by the Adirondack Park Agency of the proposed Adirondack Club and Resort (ACR) project in Tupper Lake has generated intense controversy. Groups on both sides have weighed in with their views on the wisdom or folly of the APA’s approval of the massive project and the court’s affirmance of that approval.

Putting aside the merits of the controversy, what is striking about the court’s decision is the startling absence of any discussion of the uniqueness of the Adirondack Park, the history or purpose of the APA Act, or the special place the Park occupies in the hearts and minds of the people of New York. These omissions are all the more disturbing because of the court’s recognition that ACR is “the largest project ever proposed for New York’s 6,000,000-acre Adirondack Park.” Which leads one to wonder: have the courts fallen out of love with the Adirondack Park? » Continue Reading.



Monday, August 4, 2014

Fight Against APA Over Tupper Resort Continues

Adirondack Club and Resort MapProtect the Adirondacks and the Sierra Club are asking the Court of Appeals, the state’s highest court, to review a recent decision in favor of the developers of the Adirondack Club and Resort, a massive development proposed for Tupper Lake.

In July, the Appellate Division of State Supreme Court upheld the Adirondack Park Agency’s decision to grant a permit to the developers.

In a statement today, Protect and the Sierra Club said the midlevel appeals court, which is based in Albany, made several errors in its analysis of the case. Because the Appellate Division’s decision was unanimous, the groups must seek permission to take the case to the Court of Appeals.

Following is the groups’ full statement:

» Continue Reading.



Wednesday, July 30, 2014

Dave Gibson: Zip-Line Will Scar Adirondack Mountain

Zip flyer would be visible from Rt. 9, Queensbury-Lake George borderAn article in the Post Star on July 16 by reporter Amanda May Metzger announced that the Zip-flyer, the thrill ride from the top of French Mountain in Queensbury-Lake George, has received its final Town of Queensbury approvals.

The 900-foot ride on three inch steel cables running down a 35-50 foot wide swath cut on the north face of French Mountain at the very entrance of the Adirondack Park has been controversial from the moment it was proposed. Adirondack Wild asked the NYS Adirondack Park Agency (APA) to convene a public hearing on the project because only through a hearing could all the impacts and viable alternative routes for the Zip-Flyer be discussed comprehensively and openly. APA Staff did not recommend a hearing, and APA members, to my memory, did not even raise the possibility of a hearing. Adirondack Wild strongly disagreed with the APA’s decision in March to issue a permit in the absence of a hearing. Several actual or anticipated project impacts, including visual impacts along State Route 9, loss of the scenic values and hiking opportunities on the summit, consistency with the area’s Rural Use classification and Towers Policy, and rigorous analysis of alternatives, among others, went largely unaddressed in the APA’s discussion and permit conditions. » Continue Reading.



Tuesday, July 15, 2014

Earthjustice Obtains Court Order To Block NYCO Drilling

vernal poolEarthjustice has obtained a court order blocking NYCO Minerals from test drilling in the Jay Mountain Wilderness Area until the judge has a chance to hear oral arguments in Earthjustice’s lawsuit against NYCO and two state agencies.

State Supreme Court Justice Thomas Buchanan on Monday granted Earthjustice’s request for a temporary restraining order–providing the plaintiffs post a $10,000 bond to cover NYCO’s damages if Earthjustice loses the suit. NYCO could have begun work as early as this week and argued in court that delays would hurt the company financially.

Earthjustice attorney Deborah Goldberg said the bond was posted Wednesday afternoon.

» Continue Reading.



Thursday, July 3, 2014

Adirondack Resort Suit Dismissed By Appellate Court

ACR aerialThe New York State Supreme Court, Appellate Division, Third Judicial Department has announced a decision to uphold the approvals by the Adirondack Park Agency (APA) for the 6,000-acre Adirondack Club and Resort planned for Tupper Lake.

Protect the Adirondacks along with the Sierra Club and local landowners filed the lawsuit in March of 2012, outlining 29 allegations challenging the legality approvals made by the APA that January.

The decision disappointed opponents of the proposed resort project, the largest in the Adirondacks, who have been working for several years to mitigate the subdivision’s imprint on the landscape. » Continue Reading.



Tuesday, July 1, 2014

Dave Gibson On Essex Chain Plan:
Does It Comply? Does Anyone Care?

Essex Chain APA-map-with-labelsThe draft Unit Management Plan (UMP)  for the Essex Chain of Lakes is out and available for public comment until July 18th. To discerning readers, it will be clear that many of its recommendations and management actions, which the APA must deem to be in compliance with the State Land Master Plan, are just going ahead anyway. For example, primitive tent sites, parking lots and other facilities throughout are being completed this summer “prior to adoption of the Unit Management Plan.” These are not interim steps. These are final decisions as to number, design, and location.

I understand why the State appears to be rushing to complete this parking and camping by permit system on the Essex Chain and Upper Hudson River. These are vulnerable aquatic systems and nobody wants to establish an early pattern of recreational overuse which could degrade these ponds and their shorelines and rare ecological plant and fish communities. I conceptually support this UMP’s camping permit reservation system. It makes management and stewardship sense, as does the inclusion of the Student Conservation Association and the Adirondack Interpretive Center in managing such a camping reservation system. » Continue Reading.



Monday, June 30, 2014

Meeting On NYCO Mining Expansion Wednesday

NYCO-OakhillMineThe Adirondack Park Agency will hold an informal public meeting to provide information and solicit public comment on NYCO Minerals, Inc.’s. request to amend existing APA permits in order to expand their Seventy Road and Oak Hill mining facilities located in the Town of Lewis, Essex County (not their additional project to mine Lot 8 of the Jay Mountain Wilderness).

The public meeting will take place at 1:30 PM on Wednesday, July 2, 2014 at the Town of Lewis Fire Station located on 18 Firehouse Lane in the Town of Lewis, Essex County. » Continue Reading.



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