Saturday, December 12, 2009

APA Schedules Hearings on Boathouse Regulations

The Adirondack Park Agency (APA) has scheduled four public hearings to encourage comments on the agency’s proposed revisions to its Boathouse regulations. Designed to protect ecologically sensitive shorelines, boathouse regulations, were first adopted in 1979 and revised in 2002. This newest proposed revision limits the overall footprint of boathouses to 900 square feet and the height to fifteen feet. This criteria revises the previous “single story” limitation, which was being violated with large “attics” and rooftop decks, according to the APA, and clarifies that boathouses are for boat storage only.

The proposed revisions would continue prohibitions on using boat houses for anything but boats, building’s constructed for other uses will be required to meet with APA shoreline setbeck regulations. According to the APA public hearing announcement, “other structures such as decks, guest cottages, and recreation rooms are prohibited on the shoreline if greater than 100 square feet in size. Under prior regulations, landowners attached these components as part of what would otherwise be a boat berthing structure, and argued these components were part of the “boathouse” because the previous definitions did not specifically exclude them.”

Here are the further details from the APA:

The 2002 definition limited boathouses to a “single story.” However, the definition fails to prohibit large “attics,” and extensive rooftop decks, resulting in some very large non-jurisdictional shoreline structures. The lack of clarity requires architect’s plans and time-consuming staff evaluation.

The 2009 proposal retains the 2002 provisions that define “boathouse” to mean “a covered structure with direct access to a navigable body of water which (1) is used only for the storage of boats and associated equipment; (2) does not contain bathroom facilities, sanitary plumbing, or sanitary drains of any kind; (3) does not contain kitchen facilities of any kind; (4) does not contain a heating system of any kind; (5) does not contain beds or sleeping quarters of any kind”.

The proposal adds: “(6) has a footprint of 900 square feet or less measured at exterior walls, a height of fifteen feet or less, and a minimum roof pitch of four on twelve for all rigid roof surfaces. Height shall be measured from the surface of the floor serving the boat berths to the highest point of the structure.”

The change is prospective only; lawful existing boathouse structures may be repaired or replaced pursuant to Section 811 of the APA Act within the existing building envelope. For those who wish to exceed the size parameters or expand a larger existing boathouse, a variance will be required. Standard shoreline cutting and wetland jurisdictional predicates still apply in all cases.

Shorelines are important to the Adirondack Park’s communities and environment. The dynamic ecosystems that edge Adirondack Park lakes, wetlands, rivers, and streams are critical to both terrestrial and aquatic species. Well-vegetated shorelines serve as buffer strips, protecting banks from erosion, safeguarding water quality, cooling streams, and providing some of the Park’s most productive wildlife habitat.

Large structures and intensive use at the shoreline causes unnecessary erosion and adverse impacts to critical habitat and aesthetics and raises questions of fair treatment of neighboring shoreline properties.

The Statutes and Regulations that the Agency is charged to administer strive to protect water quality and the scenic appeal of Adirondack shorelines by establishing structure setbacks, lot widths and cutting restrictions. However boathouses, docks and other structures less than 100 square feet are exempt from the shoreline setback requirements.

The four hearings are scheduled for the following dates and locations:

January 5, 2010, 6:00 p.m.
Adirondack Park Agency
Ray Brook, New York
This hearing will be webcast at the APA website.

January 6, 2010, 6:00 p.m.
Town of Webb Park Ave. Building
183 Park Ave.
Old Forge, New York

January 7, 2010, 11:00 a.m.
Department of Environmental Conservation
625 Broadway, Room 129B
Albany, New York

January 7, 2010, 6:00 p.m.
Lake George Town Hall
Lake George, New York

Written comments will be accepted until January, 17, 2009 and should be submitted to:

John S. Banta, Counsel
NYS Adirondack Park Agency
P.O. Box 99
Ray Brook, New York 12977
Fax (518) 891-3938

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