Posts Tagged ‘APA’

Monday, January 10, 2011

APA Critic Indicted on Felony Environmental Charges

A long-time critic of state environmental policies and enforcement has been indicted by a Clinton County grand jury on charges of violating several environmental conservation laws.

A Department of Environmental Conservation press release said Leroy Douglas of Ausable Forks, was charged for a 2008 incident with “Endangering Public Health, Safety, or the Environment in the third degree, a felony with a maximum fine of $150,000 and up to 4 years in prison” after allegedly improperly “disposing numerous 55-gallon drums containing a hazardous substance” onto property owned by his Douglas Corporation of Silver Lake.

Douglas was also charged with misdemeanors of Unlawful Disposal of Solid Waste, Disturbing the Bed/Banks of a Classified Trout Stream and Failure to Register a Petroleum Bulk Storage Facility, each of which could come with significant fines and up to a year in jail.

North Country Public Radio added that “a state investigator found a wide range of contamination on Douglas’s land, including a pile of lead acid batteries, dead animals and medical waste.”

Douglas told The Press-Republican that he believes the indictment is politically motivated. He claims the state wanted to buy his land but he refused to sell.

“DEC has had warrants to search my property twice since I wouldn’t sell,” Douglas said to the Plattsburgh daily. “If I’m such an environmental villain, what would they wait two and a half years for?”

The Press-Republican added that Douglas has filed suit in federal court against the Adirondack Park Agency in relation to a 2007 enforcement action against him.

“Douglas says the charges originated with his son, Michael, with whom he had a falling out a few years ago, and whose girlfriend, Elizabeth Vann, works for the DEC,” according to a report written by Post-Star Projects Editor Will Doolittle.

The Glens Falls daily, which has called for the APA’s abolition, has featured Douglas in several pieces (most notably here) written by Doolittle on alleged malfeasance by the Agency.

The Adirondack Daily Enterprise reported that Douglas pleaded not guilty to this week’s charges.


Saturday, January 8, 2011

APA Meets Thursday: Warrensburg, Wells, Moriah, More

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting on Thursday, January 13 at APA Headquarters in Ray Brook, NY. The January meeting is one day only. Topics will include a variance for a sign at a new car dealership in Warrensburg, a shoreline structure setback and cutting variances for a proposed marina in Moriah, an enforcement action against an alleged wetland subdivision and substandard-sized lot subdivision in Wells, a presentation on Keene broadband project, military airspace and military aircraft use over the Adirondack Park, and the Department of Environmental Conservation’s draft policy for issuing Temporary Revocable Permits for State Lands and Conservation Easements.

The meeting will be webcast live online (choose Webcasting from the contents list). Meeting materials are available for download from the Agency’s website. The full agenda follows:

The Full Agency will convene on Thursday morning at 9:00 for Executive Director Terry Martino’s report where she will discuss current activities.

At 9:15 a.m., the Regulatory Programs Committee will consider two variance projects; a request for a variance from the Q-3 sign standards for placement of new car dealership sign in the Town of Warrensburg, Warren County and shoreline structure setback and shoreline cutting variance variances for a proposed marina in the Town of Moriah, Essex County.

At 10:30, the Enforcement Committee will convene for an enforcement case involving alleged wetland subdivision and substandard-sized lot subdivision violations on private property in the Town of Wells, Hamilton County.

At 11:00, the Economic Affairs Committee will hear a presentation on the Town of Keene’s town-wide broadband project. Dave Mason and Jim Herman, project co-directors, will explain the project history, how it unfolded and detail project accomplishments.

At 1:00, the Park Policy and Planning Committee will be briefed on Military Airspace and Military Aircraft use over the Adirondack Park. Lt. Col. Fred Tomasselli, NY Air National Guard’s Airspace Manager at Fort Drum, will overview military airspace use. Commander Charles Dorsey, NY Air National Guard 174th Fighter Wing Vice-Commander at Fort Hancock, will detail the expected deployment of the MQ-9 Reaper aircraft for military training exercises over the Adirondack Park.

At 2:15, the State Land Committee will be updated by, Forest Preserve Management Bureau Chief Peter Frank, on the Department of Environmental Conservation’s draft policy for issuing Temporary Revocable Permits for State Lands and Conservation Easements. The draft policy proposes four types of revocable permits: Expedited, Routine, Non-Routine and Research.

At 3:00, the Park Ecology Committee will convene for a presentation from the Agency’s, Natural Resource Analysis Supervisor Daniel Spada, on his recent trip to China. The focus of the trip was the ongoing China Protected Areas Leadership Alliance Project. Mr. Spada will overview this project and describe his experiences with the various National Nature Reserve managers he visited with in Yunnan Province, China.

At 3:45, the Full Agency will convene will assemble to take action as necessary and conclude with committee reports, public and member comment.

The February Agency is scheduled for February 10-11, 2011

March Agency Meeting: March 17-18 at the Adirondack Park Agency Headquarters.


Friday, December 31, 2010

Paterson Approves 2010 APA Actions

NYS Governor David Paterson approved State land classifications recommended by the Adirondack Park Agency for State lands inside the Adirondack Park yesterday. According to a press release issued by the Department of Environmental Conservation (DEC) “the classification approvals promote traditional recreational activities imperative to the economic well being of Adirondack communities while protecting essential natural resources, critical wildlife habitat, and significant historic resources.” The Governor’s action also sets in motion the development and implementation of unit management plans by the DEC. » Continue Reading.


Wednesday, December 22, 2010

Commentary: Open Space Helps Local Communities

I want to address another of the primary criticisms over my recent commentary on protecting our open forests, from those who claim that more open space damages local communities. “They should just be honest and stop pretending that they care about the people and ‘culture’ of the Adirondacks,” one regular anonymous commenter said, echoing the criticism of others.

Even Brian Mann, who offered an otherwise thoughtful critique, titled his response “A vision of an Adirondack wilderness, with people.” The supposition there is that seeking to expand open space in the Adirondacks means excluding people. Not only is that supposition wrong-headed, it dehumanizes those who support wilderness protection. “They don’t care about people” the argument goes, as if we’re not people ourselves. This kind of argument appeals to the basest nature of some and draws a stark dividing line between “us” and “them.” It does nothing to address the concerns I raised about the development pressures we’re facing. » Continue Reading.


Monday, December 20, 2010

Commentary: Adirondack Development, Population Growth

I heard some harsh criticism over my last commentary on protecting our open forests. “There are far too many who are willing to buy into the idea that we have enough, or that what open forests we have should be opened to every purpose under the sun, essentially no restrictions except on houses and highways,” I argued, suggesting that the proposed 409,000 acre Bob Marshall- Oswegatchie Great Wilderness Area was a good idea.

One theme that seemed to emerge from the detractors was the imminent death of Adirondack communities in the face of more wilderness. “The problem is yet down the road and the end is coming shortly I fear,” one wrote. What end? “The end of the communities and the livelihood of the most endangered species in the park; the year-round resident.” Another decried “The end of sustainable communities” and “The end of multi-generational, year-round residents.” » Continue Reading.


Wednesday, December 15, 2010

Fiscal, Public Services Issues Plague ACR Project

There are many important issues for adjudication of the Adirondack Club and Resort (ACR) when the public hearing eventually begins, but perhaps the most telling will be ACR fiscal, public services, energy, housing and community impacts. These issues are incorporated in two questions which the Adirondack Park Agency (APA) ordered to go to adjudicatory public hearing way back in February, 2007. And that was a year before the great recession started to be deeply felt.

Here are two of the ten issues for adjudication which the APA ordered three and a half years ago:

Issue No. 5: What are the fiscal impacts of the project to the governmental units should any phase or section of the project not be completed as proposed? What is the public vulnerability should the project either fail or not proceed at its projected pace related to on and off site infrastructure? Or on private infrastructure that may be subject to eventual operation by the town? What is the ability to provide to provide municipal or emergency services to any section in light of the road design or elevation?

Issue No. 6 requires the consideration of the burden on and benefits to the public. What are the positive and negative economic impacts of the project (including fiscal impacts) to the governmental units? What are the impacts of the project on the municipal electric system’s ability to meet future demand? To what extent will conservation mitigate demand impacts? What are the assumptions and guarantees that the Big Tupper Ski area can be renovated and retained as a community resource? What are the current and expected market conditions related to available housing for the project workforce? What are the impacts of the project on the local housing market?

Any one of these questions deserves to be the subject of a lengthy report, and hopefully each of them will be deeply plumbed and closely scrutinized by the APA and others during the hearing. Remember that in 2006 – a full two years before the recession hit – Tupper Lake retained a number of independent experts on these subjects to advise the Town about burdens and benefits from the ACR. The developer was to pay for their services. These were good moves on the town’s part. Collectively these consultants were known as The Hudson Group, and each individual in that consulting group had a particular expertise. I am confident the APA and the Town have kept their reports and will enter relevant parts into the hearing record. I do recall reading them in 2006. The consultants poured over the original ACR application which, despite the applicant’s assertions, in my opinion has not substantively changed much over the course of five years. The consultants found, at least preliminarily, serious deficiencies or concerns. Some of the consultant concerns I remember reading about were:

1. the applicant’s analysis of market demand for the resort
2. The applicant’s math when it came to underestimating project cost and overestimating developed property values and sales.
3. the high tax burdens posed by the high level of public services which the resort would impose
4. Payments in lieu of taxes, which could shortchange Tupper Lake taxing districts in favor of bond holders.
5. Reduced state school payments that could result based on the state formula which rewards areas with overall low property valuations (which the high values of resort homes would skew upwards).

There were many other topics and concerns raised by the consultants. The Hudson Group was never allowed to finish their work. As I recall, Michael Foxman didn’t appreciate a lot of what he was reading in the preliminary reports and stopped paying the consultants. While the Town did try to get him to release more funds, that effort was mostly fruitless. The media, as I recall, devoted little coverage to The Hudson Group reports. It was left to concerned citizens and organizations to delve into them.

Given three years of recession, one wonders how The Hudson Group would respond now to the current ACR application. Just 50 or so housing units have been cut from the ACR project since 2006. There are at least twelve additional Great Camps proposed now than were proposed in 2006. Further, in a letter made public this fall, the NYS DEC has raised innumerable concerns about ACR’s incomplete and deficient descriptions and assessments of stormwater and sewage treatment. There still is no certified professional engineering study of how sewage will get to the village plant miles and a causeway away from ACR. It is probable, therefore, that the costs of sewage and stormwater have just gone up dramatically, along with the potential future burdens on the town for operating and fixing this infrastructure as it ages.

With housing and market demand still deeply impacted by the recession, we find the developer of the FrontStreet resort in North Creek – permitted by APA in 2008 – cutting way back on his commitments for upfront infrastructure construction and service payments, original demands wisely made by the Town of Johnsburg which contrasted markedly with the absence of demands made by Tupper Lake on Michael Foxman et.al. According to the current Adirondack Explorer, FrontStreet developers have completed only one building out of the 149 units approved by the APA in spring, 2008.

One of the municipal topics given the least attention when the ACR was sent to hearing in 2007, and one given the most attention in the FrontStreet permit issued by APA a year later, were energy costs and demands, a carbon budget for the development, energy efficiency and energy performance. Here is a very rich area for investigation at the ACR hearing. What is the “carbon footprint” of the proposed ACR? How much carbon dioxide would be released simply from clearing the trees and bulldozing the soils around the building and road/driveway sites, to say nothing of heating, cooling the homes over time? How much carbon dioxide would be absorbed if development were clustered, and forests preserved intact, or harvested and sustainably managed as a source of alternative biofuel to displace use of heating oil? Even if built to LEED (Leadership in Environmental and Energy Design) standards, how much electrical power would these resort dwellings really draw from the new 46-kV line to Tupper Lake, and thus what are its real impacts on future demand and electric capacity?

I urge the APA and others to give all these questions a hard look with expert testimony at the hearing. I think that was the expectation of Agency commissioners in 2007 and I hope it remains so today.

Photo: From summit of Mt. Morris, looking at chairlift, Tupper Lake marsh, Rt. 30 causeway, Raquette River and in center mid-distance, Cranberry Pond. This was taken on the only field trip offered by the applicant – in spring 2007.


Monday, December 13, 2010

Commentary: The Truth About Property Rights

They’re at it again. A small number of so-called “property rights advocates” are spreading falsehoods about development in the Adirondack Park, the Adirondack Park Agency (APA), and our local economy to further their wider anti-conservation political agendas.

This time it’s a column by Karen Moreau, a Hudson Valley attorney who is president of the newly-formed Foundation for Land and Liberty. You remember them, the group Plattsburgh Press-Republican reporter Kim Smith-Dedam called “a new legal resource founded to protect one of the oldest American rights.”

It turns out that Karen Moreau, and apparently her Foundation for Land and Liberty, has no hesitation about misleading the public when it comes to the Adirondacks. Take a look at her commentary at the NY Post (surprise, surprise, Fred Monroe’s go-to tabloid). It’s full of lies, obfuscations, and what NCPR’s Brian Mann calls “goofy” accusations. Pull up a stool and let’s review a few:

Claim 1: There is a “de facto ban on development in the Adirondack Park.”

On what planet does one have to live on to make this claim? Most of the men I know have spent the last ten to fifteen working in the housing construction industry. Until the last year or so they were busy building thousands of first and second homes. NCPR’s Brian Mann, who called Moreau’s commentary “full out flat out errors,” offers a more accurate perspective: “Over the last decade, in-Park communities have seen a massive influx of private capital, investment and development to the tune of billions of dollars. Investors have built and bought their way to one of the most robust second-home markets in the US. Literally thousands of homes have been built, many with APA permits and many more in parts of the Park where no permits are required.”

Claim 2: “Approval for nearly any kind of land-based investment in the “park” lies chiefly with a single agency — the Adirondack Park Agency.”

As Brian Mann indicated in the quote above, the APA is responsible for oversight of a small portion of development in the Adirondack Park. The APA reviews applications on only about 20 percent of permit-requiring development activities in the park. Not to mention the fact that the APA overwhelming approves those projects, and by that I mean the APA approves nearly every single application it sees. In other words, the APA simply works to keep development activities in some general bounds of good environmental stewardship (and not very effectively at even that). The APA very rarely reject projects – almost never.

Claim 3: “APA enforcement actions, with the threat of millions of dollars in fines against ordinary citizens, has literally ruined lives and contributed to a stagnant and declining upstate economy.”

I challenge Moreau to provide the evidence that our economy is anymore stagnant or declining than any other rural area around the state. To the contrary, as Brain Mann noted, “the state of New York spends hundreds of millions of dollars each year in the Adirondacks — far more per capita than in any other part of the state.” The single case she uses to back her “threat of millions of dollars in fines against ordinary citizens” claim is the Sandy Lewis case. A millionaire financier who fought tooth and nail and won his case against the APA, including legal fees – no life ruined there. Civil penalties in 2009 ranged from $100 to $4,000 – that is the fact. Enforcement is down overall from 496 cases in 2008, to 467 in 2009, and just 392 cases as of the end of October this year. And by the way, the APA has won against more than 100 lawsuits, and has lost less than five.

Claim 4: An alliance of green groups, the DEC, and the APA “has delayed for seven years the approvals to develop the Adirondack Club and Resort [ACR] in Tupper Lake, which would create hundreds of jobs.”

Apparently our great defender of property rights doesn’t care to mention that the ACR developers have won the right to SEIZE the private property of others for their own profit. Forget for a minute the “hundreds of jobs” nonsense, according to Brian Mann: “A significant part of that delay (not all, to be sure) was caused by the developers, who asked repeatedly for the permitting process to be delayed, took long periods to respond to requests for information, and then asked that the process be diverted into alternative mediation.”

Claim 5: “The notorious bureaucracy has deterred anyone from even bidding on Camp Gabriels.”

This is an unbelievable assertion, and frankly, laughable. The APA has nothing to do with the sale of Camp Gabriels. This claim really makes me wonder just how woefully misinformed Moreau and the Foundation for Land and Liberty are about the Adirondacks.

Claim 6: “The state’s been fueling the APA’s power by buying up land and rewarding the wealthy and powerful Nature Conservancy with millions in profits for their role in facilitating the transactions.”

This has already be shown to be a baseless assertion, one that even the editorial board of the Adirondack Daily Enterprise (ADE) couldn’t accept. Repeating it shows Moreau to be dishonest and clearly not interested in the facts. As the ADE editorial put it, that assertion “smacks of gossip.” I second their call: “if it’s true, prove it with a credible source.” Moreau won’t because it’s not true. Just ask Fred Monroe, who told the ADE: “I don’t know if that’s true at all.”

All that aside, you’d think a “property rights” advocate would accept that people have the right to sell their land to whoever they like – including the state and the Nature Conservancy. If you think the state shouldn’t acquire more land, fine, but don’t make up lies to bolster your opinions.

We deserve more honesty from those who oppose outright, or seek to scale back, the Forest Preserve system and Adirondack Park conservation. Considering the track record lately, I don’t think we’ll get it.


Tuesday, December 7, 2010

Gary Randorf: Photographer, Teacher

Few people combine so much heart, artistry and teachable strategy as Gary Randorf. This influential, heroic Adirondack photographer and conservation advocate is about 73 now, but he will always be a young man at heart, and he’s still keeping in touch with his many Adirondack friends. I feel fortunate to have interacted with him over the years.

Gary has influenced so many people to look not once, not twice but again and again at the Adirondacks, or any landscape that has such arresting wilderness beauty, subtlety, inhabited by people feeling a deep sense of place. Actually, Gary was teaching when you didn’t realize it.

Early in my time with the Association for the Protection of the Adirondacks, Gary led a lobbying trip to Albany for the Adirondack Council. He never explicitly taught me how to lobby. He simply took me from office to office, talking as we went. As I recall, Gary was pushing the Legislature to increase funds for land acquisition in the State, and for Park planning at the Adirondack Park Agency.

The Senate Finance committee, chaired By Senator Ron Stafford, was a tough nut to crack. Gary always took the time to sit down with even the most hostile, or seemingly hostile, staff member. On this occasion, a very senior staff member of the Senate Finance Committee started to lecture Gary. Our cause that day was not very important, he said. We were a very small fish swimming in a very large ocean called the NYS budget. Furthermore, people in the Adirondacks were not interested in more land acquisition.

I thought he was brusk and rude to someone of Gary’s stature and experience. Yet, Gary calmly persisted, giving him pertinent information, asking the committee for its consideration, showing him photographs of the areas he was talking about, and hoping the staffer will join Gary in the Adirondacks at his next opportunity to see what was at risk. The staffer ended up smiling at the thought of a field trip. I have never forgotten that effective style.

A few months later, in August 1987, Gary was working for the Adirondack Park Agency (APA) for a second stint (he and Clarence Petty worked for the APA in the ‘70s, documenting and field checking the Park’s Wild, Scenic and Recreational Rivers). On this occasion, Gary was photo documenting the development of the Visitor Interpretive Centers (VICs).

I met Gary at the recently cut-over lands destined to be the footprint of the VIC at Paul Smith’s. Gary was giving suggestions to a crew of Camp Gabriels prisoners on how to build boardwalks through the wetlands below the VIC site. He was also taking lots of photographs. Gary has such an eye for scenery, lighting and mood. Two years later, the VIC opened, with Gary’s photographic talents on display, including his photographic exhibit of the marsh as it changed its appearance over the course of a full year.

I enjoyed other rare, precious days with Gary and friends over the years. He left notes on his door – “make yourself at home” – and he always made you feel exactly that way, as he took us to places he had been many times before, but was seeing with fresh eyes. Along the way, the book he had worked on for so long, The Adirondacks: Wild Island of Hope, was finally published. His inscription of my copy meant a lot to me: “Long-time fighter in the trenches for the Forest Preserve.”

In the book’s foreword, Gary writes: “I will share with you how I enjoy the park and introduce you to its natural history because I believe that you must know and understand a place before you can be talked into saving it.” That is so characteristic of Gary’s teaching method. He continues, “The world is watching. We are and will continue to set an example of how to do it – that is, saving a wilderness that includes people. If we fail, we fail not only our state, our country, and ourselves, but also the world.” Wild Island of Hope is no mere picture book. It seeks to teach how we only understand what we appreciate, and only seek to protect what we understand.

I last saw Gary in 2009 thanks to his friends Dan Plumley and John Davis, who brought Gary to a training seminar designed for college students to apply their academic curriculum to real-world challenges of wilderness preservation in the Park. Dan opened the training and invited Gary to follow.

With disarming frankness, Gary talked about his Parkinson’s disease, and how he believed he was afflicted because of the years of exposure to pesticides as a young man earning a living in western New York. He then reminded the students how close the Park had come to widespread, unregulated aerial spraying to kill black flies in the 1980s, and recounted the difficult but rewarding work to stop this aerial assault.

Several students were amazed that spraying for black flies had been practiced, or even been considered in the protected Adirondack Park, which led to an excellent discussion about gaps in legal protection at the state and federal levels, and how current generations must build on the work of their predecessors. The job is never done.

Photos: Gary Randorf speaking to students at a 2009 Adirondack Park Stewardship Training seminar, and in a group photo after the session.


Monday, November 22, 2010

Do Bikes Belong in Wilderness Areas?

The Adirondack Park Agency (APA) last week approved a management plan for the Moose River Plains that allows for mountain-bike use on a corridor between two Wilderness Areas.

As the Adirondack Explorer reported last week, the APA had been asked to vote on reclassifying as Wilderness about fifteen thousand acres of the Moose River Plains Wild Forest and add it to the adjoining West Canada Lake Wilderness, while leaving a Wild Forest corridor between the two tracts to allow mountain biking.

Neil Woodworth, the Adirondack Mountain Club’s executive director, objected to maintaining a Wild Forest corridor within a Wilderness Area.

In a letter to the APA, the club argued that leaving a corridor of Wild Forest would be tantamount to allowing a prohibited recreational use in a Wilderness Area. “To arbitrarily carve out a ‘Wild Forest’ corridor for mountain bike use in the middle of the proposed West Canada Lake Wilderness Area completely defeats the purpose of the Wilderness designation,” the letter said.

Partly as a result of this objection, the APA amended the proposal to make the bulk of the fifteen thousand acres a separate Wilderness Area. So instead of having the corridor run through a Wilderness Area, it will run between two Wilderness Areas.

Of course, the facts on the ground remain the same. We’ll just be giving a different name to the new Wilderness Area. Nevertheless, Woodworth said it’s an improvement.

“It doesn’t make a lot of difference on the ground, but it’s a principle that I feel strongly about,” Woodworth said. “We shouldn’t be putting non-conforming-use corridors through the middle of Wilderness Areas.”

I’ll throw out two questions for discussion:

First, is this a bad precedent, an example of “spot zoning” that undermines the principles of Wilderness management? Another recent example is the decision to allow the fire tower to remain on Hurricane Mountain by classifying the summit as a Historic Area even though the rest of the mountain is classified as Wilderness.

Second, should mountain bikes be allowed in Wilderness Areas where appropriate? The corridor in question follows the Otter Brook Road and Wilson Ridge Road, two old woods road now closed to vehicles. Advocates contend that there is no harm in allowing bikes on old roads in Wilderness Areas. Other possibilities include the logging roads in the Whitney Wilderness and the woods road to Whiteface Landing on Lake Placid.

Bonus question: what should we name this new Wilderness Area?

Photo by Phil Brown: Otter Brook Road.

Phil Brown is the editor of the Adirondack Explorer newsmagazine.


Tuesday, November 16, 2010

APA Meeting:Moose River Plains, Big Tupper, Scaroon Manor, More

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting this Thursday, November 18 and Friday, November 19, 2010 at APA Headquarters in Ray Brook, NY. The meeting will include, among other items, re-use of the Big Tupper Ski Area, a new general permit process for Subdivisions Involving Wetlands, The Town of Edinburg’s repeal and replacement of their existing Zoning, Land Use and Subdivision Ordinance, Queensbury’s local Sign Law, classification proposals and unit management plans (UMP) for lands in and near the Moose River Plains Wild Forest Area. amendments to the Watson’s East Triangle Wild Forest and Scaroon Manor Campground UMPs.

The Full Agency will convene on Thursday morning at 9:00 for Executive Director Terry Martino’s report where she will discuss current activities including a recent meeting with the co-chair, Sanford Blitz, of the Northern Forest Regional Border Commission.

At 9:30 a.m., the Regulatory Programs Committee will consider three projects; a second renewal request for construction of a single-family dwelling and a dock on a preexisting vacant lot of record, authorizing the temporary re-use of the Big Tupper Ski Area and possible action for a Verizon Wireless telecommunication project. The committee will also be briefed on a new general permit application for Subdivisions Involving Wetlands.

At 11:00, the Full Agency will hear a presentation regarding the Department of Environmental Conservation Steering Committee.

At 11:15, the Local Government Services Committee will convene to take action on proposed amendments to two approved local land use programs. The Town of Edinburg seeks approval for the complete repeal and replacement of their existing Zoning, Land Use and Subdivision Ordinance while the Town of Queensbury seeks approval for an amendment involving revisions to the local Sign Law.

At 1:00, the State Land Committee will consider State Land classification proposals for lands in the vicinity of the Moose River Plains Wild Forest Area. The committee will also determine State Land Master Plan compliance for the Moose River Plains Wild Forest Unit Management Plan and the Moose River Plains Intensive Use Unit Management Plan. Following these discussions the committee will consider approving amendments to the Watson’s East Triangle Wild Forest Unit Management Plan and the Scaroon Manor Public Campground Unit Management Plan Amendment.

At 3:00, the Park Ecology Committee will convene for a presentation by Robert Davies and Gloria Van Duyne of the Department of Environmental Conservation on New York State’s Forest Resource Assessment and Strategy report.

At 4:00, the Full Agency will convene for the ongoing Community Spotlight series. This month Town of Indian Lake Supervisor Barry Hutchins will overview his community and discuss important issues facing this Hamilton County town.

On Friday morning, November 19 at 9:00, the Park Ecology Committee will re-convene for a presentation and discussion by Jerry Jenkins on “Climate Change in the Adirondacks: The Path to Sustainability.

At 10:00, the Legal Affairs Committee will continue discussing possible ways to simplify procedures for modest variance requests and review draft guidance relating to camping units in NYS Department of Health permitted private campgrounds within the Adirondack Park. The committee will receive a staff report summarizing the Executive Order 25 regulatory assessment. The committee meeting will conclude with a discussion of agency legislation proposed in 2009 and 2010.

At 11:15, the Full Agency will assemble to take action as necessary and conclude with committee reports, public and member comment.

Meeting materials are available for download from the Agency’s website.

There are no plans for a December 2010 meeting

January Agency Meeting: January 13-14 at the Adirondack Park Agency Headquarters.


Tuesday, November 9, 2010

Commentary: Towns Have Authority to Build Better

I am dismayed by the level of development that many towns tolerate before anything actually gets permitted and built.

In my area outside of the Park in Saratoga County, you can drive by road frontage denuded of trees, with soil blowing in the wind and find out that the town had never issued any building permits or final site plan approvals. Instead, the town simply looked the other way while the developer engaged in so-called “preconstruction” activity, such as excavation for water, sewer, utilities, roads, or for so-called site investigation such as test pits for septic tanks.Years can go by, and nothing is done to remediate the soils, the waters, the landscape, while nothing gets built.

Towns are not mandated to look the other way while developers “preconstruct” before actually building under some kind of permit. They have plenty of legal leeway to say “no” to excavating lands where there is as yet no legal permission to build. The Town Law grants towns full rights to refine the conventional definition of a subdivision to include preconstruction activity, and thus to regulate that activity.

For about thirty-forty percent of development in the Park, at least, the Adirondack Park Agency (APA) will not allow developers to preconstruct before receiving a permit to develop. APA defines subdivision to include any “grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division.”

I thought of this with respect to the proposed Adirondack Club and Resort (ACR). Outside of the Park, an ACR-scaled development might still be under local permit review while all sorts of roads, excavations, and perforations of the land were actively underway for lack of any town regulation. One may be safe in presuming that the APA Act will keep graders and backhoes off the lands of Oval Wood Dish in Tupper Lake unless and until a permit is granted following the scheduled adjudicatory public hearing and review of the hearing record.

The levels of engineering scrutiny of an ACR-type development just increased. The Department of Environmental Conservation (DEC) has told the ACR applicant that individual stormwater prevention plans for all of the project’s components parts must be completed and must be more rigorous in order to meet new DEC standards which seek to protect smaller waterbodies from downstream sedimentation and pollution. Those standards are statewide, not Park standards, so I hope that they will be equally enforced elsewhere.

I was taught in school that urbanizing an area by hardening it, paving and sewering it resulted in some remarkable changes in the run-off, or discharge of storm water. “An average peak runoff rate for rural parts of basins …was about 30 percent of the rainfall intensity, while on the impervious areas it was approximately 75 percent,” with the precise effect dependent on the nature of soils and extent of impervious area (Water in Environmental Planning by Dunne and Leopold, 1978). Definitions of urbanization differ, but a majority of rainfall simply runs off when surfaces are paved, or even when they are hardened and grassed over.

Thus, DEC is requiring the ACR applicant to better define what is going to run off and what changes that will have on downstream water quality, since many surveys show that preserving natural ground cover significantly decreases the necessary amount of water treatment, and visa-versa. Preserving natural ground cover is the best and most economical way to prevent flooding and stormwater pollution. Even that great builder of levees the Army Corps of Engineers agrees. They studied the Charles River in Massachusetts and determined that the same flood prevention effect could be achieved by either buying $10 million worth of wetlands or spending $100 million for engineered flood control measures.

There are many other examples of permissive legal authority which are rarely exercised. Another part of the state’s Town Law (Article 16, Section 278) gives a Town Board authority to require its Planning Board to seek an alternative or clustered subdivision plan. A developer like Michael Foxman, for example, could be required by the Town and Planning Boards of Tupper Lake to present alternative ways to develop, including unconventional subdivision which minimizes the amount of cleared land, the number of roads, which clusters homes and which reserves large blocks of contiguous forest – thus minimizing development costs. It will prove interesting in the public hearing and afterward to see how aggressively APA pushes the applicant to present a true alternative design. The Town of Tupper Lake has that same power. Given the burdens this development is likely to pose for Tupper service providers it would seem wise to invoke it.

It’s questionable how many towns exercise this permissive authority to require an examination of smarter growth under the state’s Town Law. None have in my admittedly limited experience. My Town of Ballston, Saratoga County, has yet to respond to my suggestion that it invoke the Town Law to require the Planning Board to seek more creativity in a proposal to build 400 homes on old agricultural and beautiful swampy woods. When and if they do, I may have somewhat higher expectations for Tupper Lake.

Photos: APA staff and Preserve Associates lead a 2007 field trip to the site of the proposed Adirondack Club and Resort at Cranberry Pond below Mt. Morris; Below, Cranberry Pond’s beaver impoundment, where stormwater, sewage and snowmaking issues for ACR concentrate.


Wednesday, October 27, 2010

Guest Commentary From APA Chair Curt Stiles

As Adirondack Park Agency Chairman I ask the same question everyday, “How do we change the tone of local and regional discussions regarding the environment and communities of the Adirondack Park and its relationship to the Adirondack Park Agency?”

By tone, I refer to discussions that take place along Main Streets, at soccer games, town meetings, and the diverse places Adirondackers and visitors discuss the Park, its past, present and future. In my work as Chairman, I respect the long history of public involvement regarding property ownership, business interests and personal interactions with the agency. The Community Spotlight series, visiting communities and attending public hearings broaden my understanding of how the public views the agency and the management of public and private lands.

The agency is charged with administration of the Adirondack Park Agency Act, the Wild, Scenic, and Recreational Rivers Act, and the Freshwater Wetlands Act. Clearly, these statutes, particularly in terms of public and private land protection—influence how people live and work in the Park. They also contribute to the exceptional environmental quality, open space character and rural heritage of the region recognized not only nationally but throughout the world.

Changing the tone will require acknowledgment of the APA’s longstanding and legitimate role established by the New York State Legislature for Park planning, policy and regulations, a role many stakeholders see as a partnership for success. As we embark on the second decade of the 21st century, a decade that includes the 40th anniversary of the Adirondack Park Agency Act, it is high time to move beyond differences and embrace opportunities where environmental planning and stewardship gain their rightful place as a fulcrum to build and sustain economies and communities across this amazing place. Ignoring this perspective prolongs divisions that weaken the competitiveness of the Adirondack Park.

From the creation of the Forest Preserve and Adirondack Park, New York State has demonstrated a profound interest and engagement in the sustainability of the Adirondacks for the benefit of all New Yorkers. For those of us who live and work here, that underscores the challenge of how to maintain the value of place and quality of life with the need to attract growth to ensure Adirondack communities remain viable. These tensions exist and in economically challenging times seem even more formidable.

Democracy empowers debate, contradiction, disagreement, and the acknowledgment and acceptance of different beliefs. Our biggest challenge is not allowing differences to undermine the combined interests we share and distract from the very real urgencies facing the Park. It would be naïve to ignore the need for improved infrastructure, economic diversification, and job creation, affordable housing, retaining schools and youth, increasing private revenue investment, and invasive species control. Addressing these issues requires commitment from citizens, municipal government, not-for-profits, and state agencies—all working together towards a shared goal.

To truly change the tone we must work together in partnership to promote what makes
this region unique and worthy of investment. Collectively we must better inform investors that the Adirondacks are not closed to business but in fact eight agency approved business parks await their arrival. It may mean accepting the fact the Forest Preserve attracts millions of visitors and billions of tourism dollars. Changing the tone means realizing we are not alone confronting current economic trends and globalization.

While the past is an important footnote to the present, it should not be the narrative which defines the public discussion or the agency response to the present and future. Together, in our interactions, communication and understanding of the important balance between economy and environment, we have the ability to shape the future. At the agency, we are committed to changing the discussion to one of how to improve efficiency, outreach and regulatory reform for the betterment of the Adirondack Park. To change the tone is to recognize the need for an honest dialog between opposing views with a commitment to reconcile differences and achieve solutions.


Monday, October 25, 2010

Dave Gibson: Review Board’s Attacks on APA Unjust

Commendations to the Adirondack Park Agency (APA) for its recently released Policy Perspective found on their website [pdf]. It is a substantive policy update and, for a government report, a pretty strong communication piece to the general public as well as to “stakeholders.”

What I especially liked about the APA report and Chairman Stiles cover letter are that:

A. They strongly make the case that the environmental quality of the Adirondack Park is a fundamental prerequisite to a stronger economy.

B. They state in several places APA’s fundamental statutory purpose, upheld by older and very recent court decisions, which is “to serve a supervening state concern transcending local interests.”

The only problem is it’s reactive, not proactive, genesis.

The restrained but pointed cover letter from APA Chairman Curt Stiles to Adirondack Park Local Government Review Board (LGRB) Executive Director Fred Monroe makes it clear that Policy Perspective is in reaction to the LGRB paper released two weeks earlier under the kind of catchy headline most nonprofit advocacy groups dream of using, APA: Under the Influence and in Need of Detoxification.

Now, which report do you think the media covered? You’re right! Under the Influence wins the coverage. Of course, LGRB led with its report, and APA reacted, which makes one hope that the APA could be more proactive, and issue substantive annual policy updates about what they are doing to fulfill their mandate.

Section 804 of the APA Act requires the Agency to “report periodically to the governor and the legislature on the conduct of its activities but no less than once a year, furnishing a copy of each such report to the clerk of the county legislative body of each county…and to the review board.” The APA’s published annual reports have probably fulfilled this minimum requirement, but in all honesty these tend not to be overly substantive.

LGRB’s Under the Influence admirably served its statutory purpose of “periodically reporting” about the administration and enforcement of the Adirondack Park Land Use and Development Plan to “the Governor and the Legislature, and to the country legislative body of each of the counties.” Of course, I take issue with much of what the LGRB reports says, and how it says it.

In terms of content, I’ll select just three of the many topics covered in these reports:

1. Does the APA, as the LGRB alleges, sneakily expand its authority by secretly issuing regulations at the stroke of midnight on Christmas Eve? No. I remember the exhausting TAL (Technical Advisory List) meetings of APA stakeholders following the 1995 report of the Task Force on the Administration of the APA. If there was ever a never-ending “stakeholder” review process on regulations, APA demonstrated it from that day to this. LGRB attended every one of those meetings, and influenced the outcomes. Then, Governor Pataki introduced GORR, the governor’s office of regulatory reform. Every draft APA regulation undergoes months of additional scrutiny.

As to the 2010 boathouse regulation (which was under review for nearly a decade), at the last moment APA bent over backwards for developers, wealthier shore land owners, and the LGRB. The regulation should have been far stronger on behalf of all the other critters that use the shoreline, but who don’t answer to the word “stakeholder.”

2. Is there truly “no official local government role in the APA appointment process?” That is what the LGRB claims. Actually, LGRB has pretty effective influence, as the evidence bears out. All eight citizen commissioners must be confirmed by the State Senate. In thinking about the late Senator Stafford and now Senator Little, it’s hard to say that the Adirondack local government interests are poorly represented in that elected body. And many of those confirmations have been for deeply rooted Adirondackers. John Stock of Tupper Lake served the APA for decades. John was the chief forester for Litchfield Park and I remember the pride with which local leaders viewed his participation on the agency. Former APA Chairs John Collins and Bob Flacke were deeply involved with affairs in Blue Mountain Lake, Long Lake and Lake George respectively, and still are. Today, former Johnsburg Town Supervisor Bill Thomas, Lake Pleasant Town Supervisor Frank Mezzano, Webb activist Lani Ulrich, and North Elba businessman Art Lussi comprise four of the eight citizen APA members and all enjoy strong local government support.

The Town of Minerva’s viewpoint apparently didn’t matter to the LGRB. Minerva voted to endorse Gov. Paterson’s nomination of Pete Hornbeck, one of that Town’s esteemed residents, a former member of its planning board and a successful businessman. LGRB didn’t like that nomination, and Senator Little has so far blocked Hornbeck’s confirmation.

Twelve years ago the LGRB was given a non-voting role at the APA table each month, and invited to comment on every agenda item at every meeting. Other organizations and individuals, lacking a statutory role, wait for Friday afternoons every month to communicate in person to the Agency.

Requiring the governor to select solely from a list of people endorsed by local governments in the Park would be dismissive of the interest all New Yorkers have for consideration of people with a broad array of talents, life experiences and motivations to uphold the intent of the APA Act.

3. Are APA enforcement fines against violators regularly unfair and egregious, as LGRB alleges? No. First, there are many potential violations out there, and only a handful of enforcement officers. The facts in APA’s report suggests that most violators who come to the agency’s attention want to do the right thing, and most APA enforcement staff want to work with these people in a respectful, fair and personal manner to heal environmental damage. Civil penalties in 2009 ranged from $100 to $4,000. LGRB hardly makes a strong fairness case here. The cases LGRB raises concern not the “little guy,” but a few high profile landowners whose purpose is to wage a legal and public relations campaign against the APA.

Photo: Whiteface Mountain in early November


Monday, October 18, 2010

Commentary: No Elections for APA Commissioners

North Country Public Radio‘s Adirondack Bureau Chief Brian Mann has apparently begun campaigning for the election of some Adirondack Park Agency (APA) commissioners. One of his first public forays into the debate came in August at the Adirondack Museum during a presentation he called “Adirondack 3.0” – billed as a lecture on the “reinvention of the Adirondacks.” His latest came on the NCPR blog in a piece entitled “Yes, some Adirondack Park Agency commissioners should be elected“. Read the whole piece; but here’s the gist of Brian Mann’s argument:

“A far better way to choose in-Park commissioners would be to hold direct, Park-wide elections, allowing Adirondackers to cast their own ballots and make their own picks.

Imagine for a moment the kind of democratic debate that would ensue. Locals would have a chance to discuss openly their concerns, their desires, and their ambitions for the Agency.

Supporters of strict environmental protection inside the blue line would be forced to find electable candidates, who can engage communities directly, reaching out and making their arguments.

They would have the chance to do some educating, but they might learn a few things themselves about local attitudes toward conservation and the outdoors.

Opponents of the APA’s broad mission, meanwhile, would be forced to go beyond ad hominem attacks and zingers.”

It’s hard for local media to not be part of a story. Any reporter worth their weight in salt knows that they frame the discussion of their story from the start. For example, Brian Mann isn’t calling for an expanded role for the APA, or for requiring those towns who still have no serious zoning and planning in place to enact them. What he is calling for are elections to decide the future of the Adirondack Park, America’s most important state park.

I suspect Mann’s arguments are authentic and genuine, but I think it’s the worst idea to come up the pike since David Paterson tried to stop paying local taxes on state land. It’s no surprise they share the same flaw – they seem to forget that the Adirondack Park isn’t a political entity with competing constituencies, it’s a unique natural place with a statewide, regional, and even national historical and cultural significance. Despite the occasional angry bumpersticker to the contrary, the Adirondacks is a park, and an important one.

That park, the country’s largest National Historic Landmark, is all of our responsibility to manage and maintain. Offering an opportunity for one special interest group to use their media and financial friends to get their candidate elected in an attempt to dominate decision-making at the Adirondack Park Agency threatens to destroy an already weak institution; the only institution holding official responsibility to protect the Adirondack Park – our last public wilderness in the east – from over-development.

Perhaps advocates of elections for APA commissioners don’t appreciate the two great forces at play in these mountains. On one side, the constant march of development that has left this small part of the Eastern United States a virtual oasis of woods in a sea of a suburbia of 100 million people. On the other side is the natural world itself, which for millennia had staved off the harshest scars of development by being remote and rugged.

The battle began to shift after the Civil War as we abandoned our fear of the woods and came to revere them. Travelers, once forced to travel on foot or by rough road, were soon arriving by steamboat and rail, and by the 1950s, some roads were choked with cars.

In the 1960s, the Adirondack Northway (Interstate 87) opened a pipeline for development to move north and the accompanying second home market spread a kind of dispersed suburbia into the heart of the Adirondacks.

It was in response to this turn in the long arc of Adirondack history that the Adirondack Park Agency was established in 1971. Its purpose was to limit the worst of the development excesses in the Adirondack Park – excesses that were just then beginning to take hold.

So by geography and history this place was marked-off and it now remains the only wilderness park there will ever be as the 100 million people that surround us continue to multiply.

It shouldn’t need to be said that we have a duty to the eastern half of America not to screw it up by turning it over to a regularly scheduled local media circus fueled by special interest money.

UPDATE: Brian Mann has a thoughtful response to this post over at The In Box.


Sunday, October 10, 2010

APA Meeting: Wind, FireTowers, Mine Expansion, New Campground

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting this Thursday, October 14, 2010 at APA Headquarters in Ray Brook, NY. The October meeting is one day only.

Among the issues to be addressed will be water quality and shoreline protection measures, a change in the reclassification proposals related to fire towers on St. Regis and Hurricane Mountains, the Watson’s East Triangle Wild Forest Unit Management Plan, the expansion of Cold Spring Granite Company’s mine in Jay, a new 510 campsite campground in Fort Ann, and Barton Wind Partners will request a second renewal for wind monitoring masts located on Pete Gay Mountain near North Creek. » Continue Reading.



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