Posts Tagged ‘APA’

Sunday, December 20, 2009

Adirondack Council Seeks More Cell Tower Co-locations

The letter below is from the Adirondack Council calling on the Adirondack Park Agency (APA) to change how it deals with applications for multiple cell towers on the same property. The Council is seeking to have APA amend their tower policy to encourage more co-location, which they say will limit environmental impacts from cell towers.

According to an APA announcement in the fall of 2008, since 1973, nearly 100 new and amended cellular carrier permits have been approved, including about 15 new free standing towers and about 25 tower and/or antenna replacements. About 50 towers have been co-located on free standing existing towers and other structures in that time. » Continue Reading.


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


Saturday, November 21, 2009

No Adirondack Park Agency Meeting in December

The Adirondack Park Agency will not hold its December 10-11, 2009 regularly scheduled board meeting. According to an APA press release, “No agency proceedings requiring Board action are necessary before the regularly scheduled January 2010 meeting.” APA Chairman Curtis F. Stiles stated (in the release) that “Due to a lack of actionable content for our December meeting, it is in the best economic interest of the Agency and New York State to cancel our meeting originally scheduled for December 10 and 11, 2009.”

The Agency will resume its monthly meeting schedule January 14 and 15, 2010.

For informtaion about the agency’s meetings, public hearings and other activities visit http://www.apa.state.ny.us/.


Friday, November 13, 2009

APA Reverses Lows Lake Wilderness Vote

All three of Governor David Paterson’s representatives on the Adirondack Park Agency board have reversed votes made in September and opposed designation of the waters of Lows Lake as Wilderness, Primitive, or Canoe. By a 6-4 vote the APA had added most of the waters and bed of Lows Lake to the Five Ponds Wilderness in September. The rest of the lake was classified as Primitive, which would have prohibited motorized use. It was later learned that the tenure of one of the APA commissioners had expired and the vote needed to be retaken – that vote occurred today and ended in a 7-4 reversal of the previous decision. » Continue Reading.


Thursday, November 12, 2009

John Collins of Blue Mountain Lake to be Honored

Blue Mountain Lake resident John Collins will be honored for his achievements over the past forty years in education, community enhancement and wilderness protection in the Adirondack Park by Protect the Adirondacks! at the Forever Wild Dinner in Glens Falls on Saturday.

The organization will award Collins with its highest honor, the Howard Zahniser Adirondack Award.

For more than 10 years Collins served on the board of the Adirondack Park Agency, and helped to organize the Residents’ Committee to Protect the Adirondacks in 1990; he was chairman of both institutions for a time. He also had a lengthy career on the staff and board of the Adirondack Museum, as a trustee of the Adirondack Lakes Center for the Arts, and chairman of the Town of Indian Lake Planning Board. Collins also taught 5th grade at Long Lake Elementary School for 26 years. » Continue Reading.


Thursday, November 12, 2009

Adirondack Council Opposes Snowmobile Trails Plan

The Adirondack Council is asking the Adirondack Park Agency (APA) to reject a NYS Department of Environmental Conservation (DEC) proposed snowmobile trail plan saying that it would allow mechanical groomers on Forest Preserve land and also what the council called the “illegal widening of snowmobile trails on state owned land.”

The APA is considering today and tomorrow in Ray Brook whether the plan, known officially as Management Guidance: Snowmobile Trail Siting, Construction and Maintenance on Forest Preserve Lands in the Adirondack Park, is consistent with provisions of the Adirondack Park State Land Master Plan. The proposed changes include the building of mechanically groomed “Community Connector” trails nine feet wide (12 at curves). » Continue Reading.


Monday, November 9, 2009

APA: Big Tupper, Route 28, Lows Lake, Zoning, Snowmobile Trails

The Adirondack Park Agency (APA) will meet on Thursday and Friday (November 12th and 13th) at APA Headquarters in Ray Brook to consider the temporary re-opening of the Big Tupper Ski Area, reconstruction and widening of Route 28 in Oneida County, and more. Amendments to the park’s land use maps will also be considered, including whether to set a public hearing for the re-classification of about 31,570 acres. » Continue Reading.


Thursday, October 29, 2009

Adirondack Park Re-emerging on Google Maps

The Adirondack Park has not quite returned to Google Maps, but something is taking shape: the Adirondack Forest Preserve.

On October 8 we noticed that the green shape representing “Adirondack State Park” was reduced to a little slice over the Cranberry Lake area. Users let Google know about the error through its “Report a Problem” link. As it incorporates user data, Google is apparently trying to restore the park, but it’s not all there yet.

One commenter suggested that the map distinguish between public and private land, which Google is now doing. It’s good to see state land shaded green, though not all tracts are labeled and Google apparently can’t tell Wilderness from Wild Forest. Also missing is the park boundary and the words “Adirondack Park.” (The boundary in the image above was drawn by Adirondack Almanack for context.)

This is a complicated place. Some private landowners and Adirondackers say the “park” label makes the uninitiated think that nobody lives here, or that all land is open to the public. Niki Kourofsky of Adirondack Life had some funny anecdotes in this fall’s Collector’s Issue (“Your Place or Mine?”) about residents who’ve found people picnicking on their lawns, and visitors who ask rangers, “What time does the park close?” Even though it’s not all government land like Yellowstone, this region is still distinct and has been designated a park for 117 years. Tourism-dependent businesses that promote the Adirondack name and conservationists who have invested more than a century in the ecological integrity of both private and public lands would surely like to see “Adirondack” somewhere over this part of the map.

It was also suggested that Google show conservation easements, as this Adirondack Park Agency map does. Conservation easements are voluntary restrictions on use of private land, usually preventing development to retain natural conditions. But since every easement is different and public access is determined tract by tract, another land designation might just confuse things even more. The state and private conservation organizations have acquired hundreds of thousands of acres of easements in the Adirondacks over the past three decades. While so far the legal agreements seem to be keeping timberlands intact and are working well for landowners, from a public recreation standpoint they are a tangle. The writer Neal Burdick put it well a few years ago when he said that instead of the old metaphor of a “patchwork quilt” of public and private lands, the Adirondack Park might better be called a “bowl of spaghetti.”

Map from a Google screen capture; park boundary drawn by the Almanack


Wednesday, October 21, 2009

What Paterson’s Deficit Proposals Mean For The Adirondacks

Late last week Governor David Paterson announced a two-year, $5.0 billion deficit reduction plan that he claims would “eliminate the State’s current-year budget gap without raising taxes, as well as institute major structural reforms.” The plan includes a second raid on the state’s Environmental Protection Fund (EPF), which the Governor swept clean of $50 million at the end of 2008, and a raid on the Regional Greenhouse Gas Initiative’s (RGGI) carbon allowance auction proceeds. Those funds, amounting to about $90 million, had been slated for energy conservation and clean energy development.

“Energy conservation and clean energy development,” says Adirondack Council spokesman John Sheehan, “are two areas where the investment would have provided both real savings for the taxpayer and clear benefits to the environment and public health.” None of the money collected from the carbon auctions since the New York began participating in January has been spent on energy programs according to Sheehan, who added that “this may be the first time in history that a dedicated fund was actually raided for another purpose before one cent of it was spent on its intended purpose.”

The proposed $10 million dollar raid on the EPF is the second within a year. About $500 million has been diverted from the fund for non-environmental purposes since 2003. The EPF is supposed to fund major environmental projects and provide local tax relief for landfill closures, municipal recycling facilities, conservation agreements, and expansion of the state Forest Preserve.

“A month or so ago, we wondered aloud why the Governor wasn’t spending the Environmental Protection Fund money that had already been collected since April 1,” Sheehan wrote in a recent e-mail to the media, “Now we know why.”

The governor’s announcement comes just a week after he said he would cut ten percent from the budgets of the Department of Environmental Conservation (DEC) and the Adirondack Park Agency (APA). The Governor’s plan announced late last year to cut state property tax payments to Adirondack municipalities that host state lands was rejected by the State Legislature this spring.

EXCERPT FROM GOVERNOR’S PRESS RELEASE:

Regional Greenhouse Gas Initiative (RGGI)/EPF Transfers
(2009-10 Savings: $100 million; 2010-11 Savings: $0 million)

This proposal would transfer $90 million in RGGI proceeds and $10 million from the Environmental Protection Fund (EPF) to the General Fund. It is currently expected that RGGI proceeds through the end of 2009-10 will total $220 million, allowing the state to meet its $112 million commitment to the recently passed Green Jobs legislation, as well as this $90 million General Fund transfer. Additionally, it is fully expected that after implementation of the DRP, the State would still be able to meet its original 2009-10 EPF cash spending plan of $180 million, which is equal to record 2008-09 levels.


Friday, October 16, 2009

Origins of the Adirondack Park Agency: A Footnote

New York’s history of preserving wild, open spaces in the Adirondack Park while, at the same time, sustaining (or at least suffering) its small communities has become known as “an experiment,” a misleading term at best.

Now comes “The Great Experiment in Conservation; Voices from the Adirondack Park,” a collection of essays meant to extract transferable lessons from the Park’s history of mixing public and private uses. » Continue Reading.


Sunday, October 11, 2009

APA to Move Forward on Boathouse Regulations

The Adirondack Park Agency (APA) will hold public hearings on the APA’s proposed revisions to its boathouse regulations. Following APA meetings in August and September, 2008, the Agency voted of 8 to 3 to submit the proposed revisions for State Administrative Procedure Act (SAPA) authorization (in February of this year). Following authorization to proceed (which the agency received on October 8) the APA will be scheduling several public hearings (both in-park and outside the Blue Line) later this fall. Here is the complete notice from the APA:

The APA Boathouse definition was implemented in Regulations adopted in 1979, and revised in 2002. The new 2009 definition proposes specific roof, height and footprint criteria to replace the 2002 “single story” limitation. The revision clarifies design components and continues to prohibit the use of boathouses for anything other than boat storage.

Other uses, if independently built, would be subject to the shoreline setback requirements of the APA Act. For example, other structures such as decks, guest cottages, and recreation rooms are prohibited on the shoreline if greater than 100 square feet in size. In the past, 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.

The 2002 definition limits 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.

This is a particular problem in towns that do not have their own zoning ordinances. Currently within the Park, local boathouse regulation runs the gamut from no regulation to some towns having limits on size, including square footage and height restrictions. Some town regulations are more restrictive than the present 2009 proposal.

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 envelop.

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. 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 original Adirondack Park Agency Act also allows a higher density of residential development on shoreline lots. Continuing development and redevelopment on the water’s edge, including large dock and boathouse structures, continues to threaten water quality and increase the types of use detrimental to long term protection of the Park’s greatest asset.


Tuesday, October 6, 2009

APA To Consider New Cell Towers, Invasives, Hamlets

The Adirondack Park Agency (APA) will meet on Thursday, October 8 and Friday, October 9 at APA Headquarters in Ray Brook, NY. The agency will consider two more towers along the Northway, one near the Lincoln Pond Rest Area in Elizabethtown and the other near Exit 30 in North Hudson. The October meeting will be webcast live on the agency’s homepage; meeting materials are available online. Here is the meeting agenda as provided by the APA: » Continue Reading.


Friday, September 11, 2009

APA Protects Lows Lake Wilderness Canoe Route

The APA voted this week to classify Lows Lake as Wilderness. You can read more of the Almanack‘s coverage of Lows Lake here, and the Adirondack Daily Enterprise‘s report here, but the following is a press release issued today by the Adirondack Mountain Club (ADK):

The Adirondack Park Agency’s landmark decision today to classify Lows Lake as Wilderness will provide added protection to two important wilderness canoe routes. » Continue Reading.


Sunday, September 6, 2009

APA Meeting: Wind, Snowmobiles, Cell Towers, DOT, Lows Lake

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting on Wednesday, September 9 through Friday September 11 at APA Headquarters in Ray Brook. Meeting topics (detailed below) will include: two new cellular towers in North Hudson; the expansion of Adventure Bound Camps; a new permit application for wind energy projects; the 2009 New York State Draft Energy Plan; an agreement on travel corridor management between the Department of Transportation, Department of Environmental Conservation (DEC) and the APA; DEC and APA guidance for snowmobile trail construction and maintenance; the classification proposals for land and water in the vicinity of Lows Lake and the Five Ponds Wilderness Area. The September meeting will be webcast live on the Agency’s homepage; meeting materials are available for download at http://www.apa.state.ny.us/Mailing/0909/index.htm » Continue Reading.


Friday, September 4, 2009

APA Seeks Public Comments On Snowmibile Trails

The Adirondack Park Agency (APA) is now accepting public comments on Adirondack Park State Land Master Plan compliance for proposed guidance on snowmobile trail siting, construction and maintenance on State Lands in the Adirondack Park. The draft document is available from the APA here. The public comment period will end September 30, 2009. The APA State Land Committee will deliberate whether the draft standards and guidelines are consistent with the State Land Master Plan at their monthly meeting on September 10th.

The proposed document will follow-up the October 2006 Snowmobile Plan for the Adirondack Park’s Environmental Impact Statement. According to a press reelease issued by the agency today: “The 2006 Snowmobile Plan established a framework to reconfigure the Adirondack Park State Land snowmobile trail system through the Unit Management Plan process. The goal of this comprehensive plan is to improve safe connections between Park communities and minimize potential adverse environmental impacts. In addition, this plan promotes relocating snowmobile trails from the remote interior to the periphery of Wild Forest classified State Lands.”

The following are highlights of the proposed document provided by the APA:

Shift snowmobile use from the remote interior or Wild Forest areas to the periphery of Wild Forest areas.

Establish ”community connector” or Class II snowmobile trails, to be located in the periphery of Wild Forest areas, with slightly wider than present standards (9ft maximum width; 12 ft width on curves and steep slopes over 15% grade);

Establish “secondary” or Class I snowmobile trails which would provide recreational opportunities other than connecting communities. The Class 1 trails would be maintained at a maximum 8ft cleared trail width at all locations;

Allow grooming of “community connector” trails with small tracked groomers;

Allow grooming of “secondary” trails by snowmobiles with drags only;

Ensure both “community connector” and “secondary” snowmobile trails will retain essential characteristics of foot trails;

Ensure snowmobile route design, construction and maintenance activities will be carried out pursuant to Snowmobile Trail Work Plans developed by DEC staff in consultation with APA staff.

Following the APA State Land Committee meeting on September 10th, the APA will continue to collect public comments for the full APA Board prior to the October 8-9 monthly meeting. Written comments received after September 30, will be provided to Agency members but will not be part of the official record. During the October meeting the Full Agency may render a formal State Land Master Plan determination on the snowmobile standards and guidelines document.

Written comments should be addressed to:

James Connolly, Deputy Director – Planning
Adirondack Park Agency
P.O. Box 99
Ray Brook, NY 12977

Or e-mail: [email protected]