Posts Tagged ‘Adirondack Wild’

Monday, February 28, 2011

Dave Gibson: Tupper Lake and the APA Act

It is noteworthy to read local supporters of the proposed Adirondack Club and Resort expressing their full faith in the NYS Adirondack Park Agency’s ultimate review of that proposal. The Tupper Lake Chamber of Commerce and ARISE (a Tupper Lake nonprofit) were quoted this week as saying “let the agency do its job.” Meanwhile, these organizations deride the efforts of others – “outsiders” – in the public hearing as obstructing the agency’s work.

Four years after it was ordered to adjudicatory public hearing by the Adirondack Park Agency (APA), the proposed subdivision and second home development known as the Adirondack Club and Resort encompassing 6400 acres near Tupper Lake may finally get the close scrutiny it merits. The hearing, encompassing a dozen interrelated issues and over three dozen parties, should begin this spring. The group I work with, Adirondack Wild: Friends of the Forest Preserve, is one of those parties.

The Chamber’s apparent embrace of the APA Act and its implementation through this public hearing is both interesting and gratifying: interesting because Tupper Lake rejected sharing local land use controls with the APA in the early 1990s because it might lend legitimacy to the APA legislation that the Chamber now apparently embraces; gratifying to hear because the APA Act mandates the very statewide concerns that “outsiders” can help to bring to the table.

The APA Act states “continuing public concern, coupled with the vast acreages of forest preserve holdings, clearly establishes a substantial state interest in the preservation and development of the park area. The state of New York has an obligation to insure that contemporary and projected future pressures on the park resources are provided for within a land use control framework which recognizes not only matters of local concern but also chose of regional and state concern” (Section 801, APA Act)

Reflecting as it does 150 years of statewide concern for the Adirondacks, the Act and its regulations anticipate statewide interest in the upcoming ACR public hearing, and mandate that the APA take those interests into account in its review. One of the biggest statewide concerns is that two thirds of the ACR proposal involves large second homes across Resource Management lands “where the need to protect, manage and enhance forest, agricultural, recreational and open space resources of paramount importance because of overriding natural resource and public considerations” (Section 805, APA Act)

That public can come from Tupper Lake and from anywhere else within the boundaries of the state, or beyond. Adirondack Council, Adirondack Wild, Protect the Adirondacks and others seek to help represent the broader public’s interests to “protect the delicate physical and biological resources, encourage proper and economic management of forest, agricultural and recreational resources and preserve the open spaces that are essential and basic to the unique character of the park” (Section 805).

There are still many others who want to focus on the local benefits and burdens of this proposal. The proposal if permitted and carried out to its full extent would carve out a new, sprawling development hub miles from current service providers in the village.

All need to bear in mind that whatever comes out of the hearing and agency review will have an effect on the entire Adirondack Park. This may be a precedent setting decision, and hundreds of thousands of people around the state will watch and examine its results carefully. The last time such a large subdivision and second home development was proposed in 1972, APA was a new and untested agency. I suspect the Tupper Lake Chamber of Commerce back in 1972 viewed the Agency as “outsiders.” Judging from the Chamber’s news release this week, the Agency and local perspective on the Agency from Tupper Lake has matured since then. The local and regional economy is rough today, but it was also rough in 1972. Second home subdivisions consume more of the environment, demand far more services and draw far more energy than they did in 1972. Meanwhile, one big thing hasn’t changed since that year – the APA Act, which has been amended just once in 38 years.

Photos: Hearing parties at the ACR field visit, May 2007; and visiting the beaver dam holding back Cranberry Pond.