Posts Tagged ‘APA’

Monday, September 13, 2010

APA Meeting: Lake George YMCA, Developments

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting, Thursday, September 16 and Friday Sept 17, 2010 at APA Headquarters in Ray Brook, NY. On Thursday agency members and staff will participate in a field trip lead by Mr. Sean Ross, Director of Forestry Operations for Lyme Timber Company. Mr. Ross will discuss forest management and certification programs. On Friday the board will consider a setback variance requested by the YMCA for its Camp Chingachgook on Lake George, Blue Line Development Group’s 49 unit subdivision proposal in the Village of Tupper Lake, a subdivision proposal for land in the Village of Lake Pleasant, a proposed amendment to the Northville Boat Launch Unit Management Plan, and more.

The Full Agency will convene on Friday morning at 9:00 for Executive Director Terry Martino’s report.

At 9:30 a.m., the Regulatory Programs Committee will consider a shoreline structure setback variance requested by the YMCA for its Camp Chingachgook facility located on Lake George. The variance involves the replacement of a pre-existing one-story structure. The new structure will be used for camp operation purposes and to improve access to Lake George for participants in the Y-Knot Accessible Sailing Program. The project site is located in the Town of Fort Ann, Washington County.

The committee will consider Blue Line Development Group’s subdivision proposal for land in the Village of Tupper Lake, Franklin County. The project involves the subdivision of a 56±-acre parcel, involving class “1” wetlands and includes the construction of 13 townhouses with 49 total units. A dock would extend into Raquette Pond to accommodate 50 boats. The committee will also review a subdivision proposal for land in the Village of Lake Pleasant, Hamilton County owned by Agency Commissioner Frank Mezzano and consider accepting proposed General Permit Applications for installing new or replacement telecommunication towers at previously approved agency sites and change in use for existing commercial, public/semi-public or industrial buildings.

At 1:00 p.m., the State Land Committee will hear a presentation from Dr. Chad Dawson discussing roadside camping in the Adirondack Park. The committee will consider Adirondack Park State Land Master Plan compliance for a proposed amendment to the Northville Boat Launch Unit Management Plan. This unit is located in the Town of Northampton, Fulton County. The committee will then hear a first reading on reclassification proposals related to fire towers on St. Regis and Hurricane Mountains. The Board will take no action on the fire tower proposals this month.

At 2:30, the Park Policy and Planning Committee will consider approving a map amendment proposal for private lands located in the Town of Westport, Essex County. The proposal is for re-classifying approximately 25 acres of land from Resource Management to Hamlet.

At 4:00, 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.

The next Agency meeting is October 14-15 at the Adirondack Park Agency Headquarters.

November Agency Meeting: November 18-19 at the Adirondack Park Agency Headquarters.


Tuesday, September 7, 2010

Dave Gibson: On Common Ground

The political reality in America today is certainly distressing. We elect too many Republicans and Democrats who feel unable to reach across the party aisle towards each other, or to be even seen with one another for fear of being unelectable in their primaries. The same polarization can be found dividing environmental and conservation circles. Fortunately, I’ve known quite a few Adirondackers who relate to the person, not the label, and who share the Adirondack woods and waters as common ground. I wanted to write about two of them.

Last night I read an entry in my journal about DEC Regional Director Tom Monroe’s retirement dinner in Lake Placid in early 1994. Tom had been Regional Director since the 1970s, still a time when DEC Regional Directors rose to that position through the civil service ranks, and who had considerable autonomy as a result. Put another way, these Regional Directors were forces unto themselves. That all ended by the time Tom Monroe retired. For good or ill, his able successors have been appointed by Commissioners, and ultimately answer to Governors, and enjoy far less autonomy.

I had gone to the dinner with my friend and associate Tom Cobb, who at the time was Park Manager with the State’s Office of Parks, Recreation, and Historic Preservation and Trustee of the Association for the Protection of the Adirondacks, and who is now a Director of Adirondack Wild: Friends of the Forest Preserve. Both Tom and I – and many others from all ends of the conservation spectrum – respected Tom Monroe. Environmental leaders sometimes had their reasons to distrust him. I remember an environmental colleague advising me “just make sure he is truly retired”! However, the respect came from the fact that Tom Monroe was completely his own person, and was seen to treat people equally, without favoritism. Tom did not suffer bullies easily, and there are many interesting stories about his time at DEC. This quality of perceived even-handedness brought a diverse crowd to his dinner. In my journal, I write: “I feel pretty good about going to a farewell dinner that brought together the likes of Bob Purdy (Supervisor of Keene), Peter Paine (member of the APA), Roger Dziengeleski (Woodlands Manager of Finch, Pruyn and Co.), Senator Ron Stafford and Tom (Cobb) and I in one place.”

These qualities of Tom Monroe reminded me of a woman attending his dinner who was beloved by sportsmen and women, and respected by elected leaders. She died late last year. Nellie Staves of Tupper Lake was a deeply rooted Adirondack conservationist who made friends and influenced people wherever she went. Elegant at an evening dinner one day, warmly clad to inspect her traps the next, she was comfortable being Nellie Staves. Like Tom Monroe, Nellie didn’t mind in the least whom she was seen with. I first met her in 1988 when, in a memorable few words to the Adirondack Park Agency, she made the case why wildlife mounts deserved to be a part of the soon- to- be opened Adirondack Park Visitor Interpretive Center at Paul Smith’s. Her presentation earned her an audience with Governor Mario Cuomo at the dedication of the VIC the next year. Years later another Governor, George Pataki, would dedicate the Wild Center (Natural History Museum of the Adirondacks) with its founding director, Nellie, at his side. In 2007, I was so grateful to Nellie for coming up to me after a fractious meeting about the Adirondack Club and Resort at the high school. “Good to see you in Tupper Lake, Dave,” she beamed.

One day at an Adirondack conference on Upper Saranac Lake, Nellie opened the back of her car and she invited our staff member and photographer Ken Rimany to look in: there were some of the world’s most beautiful depictions of wildlife drawn not on canvas, but on bracket fungi (“toadstools,” she said) once growing on great, craggy Adirondack trees. Ken was overwhelmed with her artistry. From that time on, their friendship grew and he was introduced to members of her family. With Ken’s encouragement and help, her artwork came to be featured in The Conservationist magazine – not once but several times.

Thanks to Nellie, we were introduced to some fine Adirondack people from diverse perspectives whom we learned to respect, people who shared Nellie’s sense of humor and gift for storytelling. What hearty laughter she induced in all who knew her. Thanks to Nellie, we learned not to take ourselves too seriously, to observe closely and be receptive to the unexpected. From her, we learned that those who know the most about the Adirondack woods, from its wilderness to its wildlife, to those who work in those woods also care very deeply about the future. Nellie helped us remember that those who log, fish, hunt, trap, create or teach in the Adirondacks have one great legacy to pass on: caring, understanding, knowledgeable, talented kids growing up on these lakes, or on the trails.

Photo:(Nellie Staves outside Tupper Lake High School


Monday, September 6, 2010

APA Revised Boathouse and Dock Regulations

The Adirondack Park Agency’s (APA) revised regulatory definitions for “boathouse” and “dock” will become effective on September 21, 2010. The agency board approved the dock regulation at its May 2010 board meeting and the boathouse regulation at the June 2010 meeting.

In response to public comment, the board delayed implementation of the revised regulations until after the 2010 summer construction season. Therefore this definition change does not apply to new boathouses with in-water components such as support piers substantially underway pursuant to a Department of Environmental Conservation permit or docks lawfully in place on the effective date of September 21, 2010. In addition, the board modified the proposed regulations applying Lake George Park Commission dimensional requirements for boathouses and docks built within the Lake George basin.

The regulatory change is prospective only. Lawfully existing boathouse structures may be repaired or replaced pursuant to Section 811 of the APA Act within the existing building envelope. An APA variance is required, however, to exceed the size parameters or expand a larger existing boathouse. Standard shoreline cutting and wetland jurisdictional thresholds still apply in all cases.

The revisions were undertaken as part of a statutorily required, five-year review and clarification of APA regulations following the 2002 promulgation of the current definitions. Additional changes were made as a result of public comment received during the rulemaking process.

The new regulatory definitions are:

Boathouse means 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; (6) does not exceed a single story in that the roof rafters rest on the top plate of the first floor wall, and all rigid roof surfaces have a minimum pitch of four on twelve, or, alternatively, one flat roof covers the entire structure; and (7) has a footprint of 1200 square feet or less measured at the exterior walls (or in the absence of exterior walls, at the perimeter of the roof), and a height of fifteen feet or less. For the purpose of this definition, the height of a boathouse shall be measured from the surface of the floor serving the boat berths to the highest point of the structure. The dimensional requirements specified herein shall not apply to a covered structure for berthing boats located within the Lake George Park, provided the structure is built or modified in accordance with a permit from the Lake George Park Commission and is located fully lake-ward of the mean high-water mark of Lake George.

Dock means a floating or fixed structure that: (1) extends horizontally (parallel with the water surface) into or over a lake, pond or navigable river or stream from only that portion of the immediate shoreline or boathouse necessary to attach the floating or fixed structure to the shoreline or boathouse; (2) is no more than eight feet in width, or, in the case of interconnected structures, intended to accommodate multiple watercraft or other authorized use, each element of which is no more than eight feet in width; and (3) is built or used for the purposes of securing and/or loading or unloading water craft and/or for swimming or water recreation. A permanent supporting structure located within the applicable setback area which is used to suspend a dock above water level for storage by means of a hoist or other mechanical device is limited to not more than 100 square feet, measured in the aggregate if more than one such supporting structure is used. A dock must remain parallel with the water when suspended for storage, unless the size of the total structure does not exceed 100 square feet. Mechanisms necessary to hoist or suspend the dock must be temporary and must be removed during the boating season.

Contact APA’s jurisdictional office at (518) 891-4050, or email aparule@gw.dec.state.ny.us with any questions about the new definitions.

The APA statutes and regulations are meant to protect water quality and the scenic appeal of Adirondack shorelines by establishing structure setbacks, lot widths and cutting restrictions. Boathouses, docks and other structures less than 100 square feet are exempt from the shoreline setback requirements.

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 cause unnecessary erosion and adverse impacts to these critical areas.


Sunday, September 5, 2010

APA, DEC Extend Moose River Plains Comment Period

The New York State Adirondack Park Agency (APA) and the Department of Environmental Conservation (DEC) have extended the public comment period for the comprehensive, integrated management actions proposed for the Moose River Plains Wild Forest.

The agencies recently held three public hearings on these actions and determined, based on public input, that additional time is warranted for public comment. The public comment period is now extended to September 17, 2010. » Continue Reading.


Monday, August 30, 2010

Commentary: Uplands Need More Protection

Politicians often complain that the Adirondack Park is over-regulated, but a case can be made that in some respects the Park is under-regulated.

All it takes is one house on a mountaintop or ridge to spoil a wild vista, and yet the Adirondack Park Agency (APA), which was created to safeguard the region’s natural resources, has no regulations aimed at protecting the uplands from unsightly development.

The uplands are clearly at risk. Given that most of the Park’s private waterfront has been developed, people with money are turning to the next best thing: a big home on a hill with a commanding view.

An article by George Earl in the September/October issue of the Adirondack Explorer reveals that dozens of conspicuous homes—visible from roads and trails—have been built in the uplands of Keene over the past few decades. And that’s just one town. The same kind of development is occurring in other parts of the Park, most notably around Lake George.

The APA does have tools to protect uplands when it has jurisdiction over a project. For example, it can require that a house be screened by trees or situated to minimize its visual impact.

The problem is that the APA often lacks jurisdiction. The agency does have the authority to review projects above the 2,500-foot contour, but this is essentially meaningless. APA spokesman Keith McKeever could not think of a single house built above that elevation, not even in Keene (“The Home of the High Peaks”). Near Lake George, Black Mountain is the only summit that exceeds 2,500 feet, and it lies within the state-owned Forest Preserve. In short, all the development around Lake George and the rest of the Park takes place below the 2,500-foot contour.

The APA also has jurisdiction when a house is built on property classified as Resource Management—the strictest of the agency’s six zoning categories for private land. Much of the Park’s uplands fall within this classification, but many stick-out homes are built on less-regulated lands where the APA does not automatically have jurisdiction.

Finally, the APA lacks jurisdiction even in Resource Management lands (as well as other lands) if a home is built in a subdivision approved before the agency’s creation.

Most of the Park’s towns lack zoning rules or the expertise to deal with upland development. So it’s up to the APA to address the problem. It will be difficult politically and technically. Even the definition of “upland” is tricky in a region where the elevation ranges from 95 feet at Lake Champlain to 5,344 feet at the top of Mount Marcy.

If nothing is done, however, we’ll continue to see a degradation of the Park’s wild character. It’s said that you can’t eat the scenery, but this isn’t true. Natural beauty is an economic asset that has been drawing tourists to the region for well over a century. For this reason, too, the uplands should be protected.

Photo by George Earl: Upland home in Keene.

Phil Brown is the editor of the Adirondack Explorer newsmagazine.


Monday, August 30, 2010

APA Announces New Regulatory Chief

The Adirondack Park Agency has announced the promotion of Richard E. Weber to serve as the Deputy Director for Regulatory Programs. Mr. Weber fills the position vacated by the retirement of long serving Deputy Director Mark Sengenberger. Mr. Weber’s appointment is effective immediately.

As Deputy Director for Regulatory Programs, Mr. Weber will supervise a staff of 12 who are responsible for implementing the statutory and regulatory provisions of the Adirondack Park Agency Act, the Freshwater Wetlands Act, and the Wild, Scenic and Recreational Rivers System Act.

Regulatory Program Division responsibilities include pre-application project guidance and assessment, application completeness determinations, applying review standards and preparing permits, variances or denial orders. From January 1st, through August 12, 2010, the Regulatory Program Division received 257 project applications and issued 244 permits. In addition, staff participated in 112 pre-application meetings.

Mr. Weber was originally hired by the Adirondack Park Agency in November, 2002 and served in the Planning Division as Supervisor for Regional Planning. He was promoted to Assistant Director for Planning in April, 2008.

Prior to joining the APA, Mr. Weber directed multi-disciplinary design teams for professional consulting firms. His responsibilities included site plan design, environmental planning, contract administration, visual impact assessment, land use planning, permit application preparation and development of Geographic Information Systems.

Mr. Weber became a registered Landscape Architect in November 1980 and served as a Planning Board member for the Town of Galway, Saratoga County in July 2002. He graduated from the State University of New York, College of Environmental Science and Forestry and received a Masters of Landscape Architecture from the University of Michigan’s School of Natural Resources.

In a statement for the media, Deputy Director for Regulatory Programs Richard Weber said, “The Adirondack Park always represented to me an opportunity to get it right. I see the Park as a place where open space and community intersect to the benefit of people and nature. It is a great responsibility and honor to serve as the Deputy Director for Regulatory Programs. I will strive to do my best to achieve the legislative mandate of the Adirondack Park Agency Act to balance natural resource protection with the sustainability of the Park’s 103 municipalities.”


Tuesday, August 24, 2010

APA Seeks General Comments on APA Rules

Pursuant to Executive Order No. 25 issued by Governor Paterson, all New York agencies are required to conduct a regular review of their regulations to ensure that they are current, reflect available technologies, establish clear standards, avoid undue burdens and are as flexible as feasible.

Accordingly, the New York State Adirondack Park Agency invites comments from regulated entities and interested parties to identify existing regulations that impose unnecessary, burdensome or excessive costs, paperwork, reporting or other requirements.

The Agency’s regulations are contained in Subtitle Q of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York (9 NYCRR), which may be accessed on the New York State Department of State website.

The Adirondack Park Agency requests public comment which describe and quantify any burdens and suggests appropriate remedies that the agency may undertake to eliminate or amend regulations that are unnecessary, unbalanced, unwise, duplicative or unduly burdensome.

Public comments must be received on or before October 18, 2010. Submit comments in writing to:

Adirondack Park Agency
Attn: APA-Executive Order No. 25
PO Box 99
NYS Route 86
Ray Brook, New York 12977

In addition, comments may be submitted electronically at the following e-mail addresses: APAEO25@gw.dec.state.ny.us; and to Gaurav Vasisht at Gaurav.vasisht@chamber.state.ny.us; and to the Governor’s Office of Regulatory Reform at EO25@gorr.ny.gov.


Monday, August 16, 2010

Commentary: The Adirondack Club and Resort

Michael Foxman invariably exudes confidence in his proposed Adirondack Club and Resort in Tupper Lake, and elicits great loyalty from many in the community who have a legitimate interest in reopening the Big Tupper ski center.

For all that, in my five years of observation he is one poor negotiator. Since the first conference between Mr. Foxman, APA and potential parties to a public hearing in April 2007, he has been unable or unwilling to substantively negotiate two major problems with what he wants to do: the lack of a permanent open space protection component in his proposals and his inability to allay concerns for water quality impacts from sewage, stormwater and steep slope development.

He blames “the process” for his inability to make much forward progress. From the beginning in 2005, he proved unable to win the trust of his neighbors, including abutters of Oval Wood Dish who happen to provide much of Tupper Lake’s drinking water. His payment in lieu of taxes scheme raised questions about fairness to taxing districts and residents. He paid for independent economic consultants ordered by the Town, and when he didn’t like their concerns, he temporarily stopped paying them. Despite the great recession, he seems supremely confident in his plan, the market value of the properties, resort markets, sales projections, and, ostensibly, the great tax boon this will be for Tupper Lake some day.

Fourteen months of mediation, the process he favored, resulted in useful exchange, yet few results. Overall, in the forty-two months since the hearing was ordered, he is not even close to a permit, or shown through detailed engineering how to get water onto the mountain and waste water off of it, or how he will pay for miles of infrastructure for a second village in Tupper Lake – for second home owners.

Once he exercises his option to acquire the bulk of the land from Oval Wood Liquidating Trust, Mr. Foxman may re-sell the properties to others. He will only exercise the option with that invaluable APA permit in hand. That permit can only be issued based on review of a lengthy public hearing record. That record will be developed at great expense over many months, and rests upon the ten hearing issues raised by the APA in its Feb 2007 decision to go to hearing, but undoubtedly other issues will be shown to be highly relevant, including energy, and wildlife impacts. The Law Judge in the case has to rule on each additional issue. Weeks of discovery, the process by which the parties to the APA hearing gain access to pertinent documents, are likely. Finally, it seems no hearing can start until the APA finds that Foxman and the LA Group have done the necessary engineering studies and completed detailed drawings of the water, stormwater, sewer, electrical and road systems.

Apparently the applicant has now delivered these to the APA, only to raise other impediments to starting the hearing process, principally his alleged future right to access and build on the Moody Pond Tract over lands owned by The Adirondack Conservancy. Meanwhile, the Franklin County Industrial Development Agency and Legislature must rule on the private bonds to pay for the tens of millions in new infrastructure.

ACR is not the biggest threat in the history of the Park. Horizon Corp would have built 10,000 homes in Colton, Ton-da-lay several thousand just north of Tupper Lake. That was all when the APA was brand new. After lengthy legal action, State objections to water supply and quality issues, and economic downturns, these behemoths were never built. Yet, this is the largest project to go to an APA adjudicatory public hearing, and tests the APA’s interpretation of the Act severely when it comes to the purpose of Resource Management lands, energy issues and fiscal and other burdens and benefits on a local community.

Were Mr. Foxman an experienced, well financed and Park-aware negotiator, had the housing bubble not burst into full recession, were the APA less risk averse, the public hearing called in 2007 might be over and a decision already reached.

My hope: a productive community dialogue on the future of these lands would occur. The housing component of the project would be downsized and largely concentrated around the base of Mt. Morris on good soils and with easier access for village services, with a wide protective buffer around Lake Simond and over 2000 acres of the project area, including Cranberry Pond, permanently protected, publicly accessible open space, a mix of conservation easement and Forest Preserve. Certified forestry, and public recreation would be encouraged, skiing started without the need to sell 38 (or whatever the number is now) great camp lots, posted signs few, and full taxes paid. My vision is hardly the right one, and may be unachievable. I do know that we are at least another year away from the APA’s review of any public hearing record.

Photo: View from Mt. Morris looking towards Tupper Lake.


Wednesday, August 11, 2010

APA Meeting:
Lake George YMCA, Benson Mines Wind, More

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting on Thursday, August 12 and Friday August 13, 2010 at APA Headquarters in Ray Brook, NY.

The Agency will consider a third renewal for the Westport Development Park’s commercial/industrial use permit, a shoreline structure setback variance for Camp Chingachgook on Lake George, a Benson Mines wind project, Adirondack Park State Land Master Plan compliance for the Jessup River Wild Forest UMP, Champlain-Hudson Power Express’s proposed 300-mile, 2,000-MW electric transmission line from Canada to New York City via Lake Champlain and the Hudson River, a memorandum of understanding between the Adirondack Park Agency and the Department of Environmental Conservation concerning State-owned conservation easements on private lands within the Adirondack Park, and the Route 3 Travel Corridor Management Plan. Meeting materials are available for download from the Agency’s website. » Continue Reading.


Wednesday, August 4, 2010

Commentary: Firetowers and Wild Lands Management

I love fire towers – and fire wardens. They remind me of my youth and the excitement of finding a firetower and firewarden tending it, and weaving stories around the campfire about the fire warden living on the flanks of a wild mountain.

Interpreting Adirondack cultural and environmental history from a firetower is important work being undertaken by wonderful volunteers and some Forest Rangers in the Adirodnack Park. Our Department of Environmental Conservation (DEC) acts in the spirit of an educational and interpretive force for the Park by participating actively in the restoration and educational use of the 20 or so firetowers in Wild Forest areas, such as the Bald Mountain Fire Tower above Old Forge and Inlet, Hadley Mountain in Saratoga County, Azure Mountain in Franklin County, Wakely Mountain firetower in Hamilton County, and many others. » Continue Reading.


Sunday, August 1, 2010

APA Sets Public Hearings on Fire Tower Plans

The Adirondack Park Agency (APA) will hold three public hearings regarding the assessment of alternatives to amend the Adirondack Park State Land Master Plan (SLMP)related to the fire towers in the St. Regis Canoe Area and Hurricane Mountain Primitive Area. The APA is also accepting written comments on this matter until August 25, 2010.

Proposed alternatives for amending the State Land Master Plan include: » Continue Reading.


Wednesday, July 28, 2010

Moose River Plains Changes in the Works

The New York State Adirondack Park Agency (APA) and the Department of Environmental Conservation (DEC) today announced three public hearings to discuss changes proposed for the Moose River Plains Wild Forest.

Located in the central and southwestern portion of the Adirondack Park, the Moose River Plains Wild Forest offers many year-round recreational opportunities including hiking, fishing, canoeing, skiing, mountain biking, snowmobiling, horseback riding, hunting and camping, making it an ideal destination for recreationists with varied interests and abilities. You can read more a short history of the Plains by the Almanack’s John Warren here; all our coverage is located here. » Continue Reading.


Wednesday, July 14, 2010

Commentary: APA Almost Never Rejects Projects

This year, the Glens Falls Post-Star has published several pieces detailing activities of the Adirondack Park Agency deemed dubious. All of these investigative works were written by Projects’ Editor Will Doolittle, a controversial choice since he’s been outspoken against the APA for years.

The paper’s agenda has been clear from the beginning, made all the more explicit by their January editorial calling for the abolition of the Agency.

After all the deluge of anti-APA articles and editorials, it was a bit of a surprise that the daily finally got around to providing a little balance by admitting publicly that the Agency has its defenders. Sunday’s paper ran a front page article entitled APA has critics, but also many compliments; it was written by Drew Kerr, not Doolittle.

“Discussion” of the online article was filled with the usual overheated rhetoric, including several who made the obligatory, but still pathetic, comparison of the APA to the Nazis.

But beyond the venom, one-off anecdotes and cheap Hitler references, what stood out for me was that item all too rare in public discourse: actual facts.

According to the report:

Since 1973, the APA has issued nearly 16,808 permits and denied only 136 projects… In addition, agency staff say that 95 percent of permit applications are completed before they are required to do so by law. The agency has between 15 and 90 days to rule on a permit, depending on the nature of the application.

For all the talk of power hungry bureaucrats oppressing the people and single-handedly stifling the Adirondacks’ economy for the mere joy of it, the fact is that the APA has rejected a mere 0.8 percent of proposed projects in the last 37 years.

This doesn’t mean that the APA is perfect, nor that it shouldn’t be required to show increased transparency, streamlined procedures or be subjected to more checks and balances.

What it does mean is that discussion of the APA’s future direction and policies should be based more on the big picture and actual data and less on outliers and “gut feelings.”


Saturday, July 10, 2010

Council Releases Plan to Combat Invasive Species

The New York State Invasive Species Council has submitted its final report to Governor David Paterson and the State Legislature. The report, titled “A Regulatory System for Non-Native Species,” recommends giving the Council authority to develop regulations for a new process that will prevent the importation and/or release of non-native invasive species in New York’s waterways, forests and farmlands. » Continue Reading.


Thursday, July 8, 2010

Guest Commentary: APA and Economic Development

Steve Erman, the Adirondack Park Agency’s Special Assistant for Economic Affairs, has offered the following perspective on the APA and its role in regional economic development. It’s presented here for your information in its entirety:

Economic Development in the Adirondack Park – – The Appropriate Role for the Adirondack Park Agency by Stephen M. Erman

Over the past few weeks, there has been speculation and opinion offered by citizens and elected officials about an expanded economic development role for the Adirondack Park Agency. Before moving too far down this path, we should consider the strengths and limitations of the Park Agency and other State and local government organizations and regional not-for-profits with roles to play in economic improvement. The Park and its communities require and deserve effective economic development and other programs to support the creation and expansion of businesses that can thrive in this very special place. There must be a stronger focus on encouraging entrepreneurs, planning, and the ongoing protection of regional character and environmental quality.

Since 1982, I have served on the Adirondack Park Agency’s senior staff as Special Assistant for Economic Affairs. I administered a well defined economic program in an agency with core functions of land use planning and the regulation of development. Before coming to the Adirondacks, I was a consultant in Washington, D.C. and learned the
importance of building organizational capacity to create and implement workable economic development strategies. My experiences have given me a unique perspective on what is necessary for a stronger economic development agenda in the Adirondack Park.

The Agency’s economic development policy states in part, that “The Agency will support the creation and retention of jobs within the region in ways that are consistent with its statutory responsibilities with the understanding that economic improvement and stability are vital parts of a collective effort to protect and enhance quality-of-life within the Park.” Within this context, the Agency supports the efforts of State and local economic developers in a manner which does not conflict with APA permitting and other statutory requirements. We correctly recognize that the Agency cannot identify and recruit specific business ventures because of inherent statutory conflicts of interest when projects need to obtain Agency permits.

My work at the Agency has involved substantial outreach to economic developers to explain how land use is regulated in the Park. Assistance has also been given to entrepreneurs seeking to adapt their project proposals to the physical limitations of their sites before applying for development permits. This pre-application guidance has been helpful in speeding up the permit process. My work as an ombudsman has helped reassure entrepreneurs that businesses are welcome in the Park and that, with proper attention to planning details, permits are predictably issued. I have also provided objective analyses of the economic and fiscal impacts of projects to the Agency staff and Board.

Implementation of an economic program at the Agency which does not conflict with its regulatory responsibilities is challenging but the effort has been important. Over time, there has been improved recognition of the relationship of our region’s special environment to the economic viability of Adirondack Park communities and the economic security of Park residents. There is also increased awareness that the Park is a place where businesses can be established and expanded, often with the help of Agency staff.

The Agency has a workable approach for permitting “shovel ready” business parks so our region can provide the same incentive typically available beyond the Blue Line. Eight business parks have been permitted to date and two of these (Chesterfield and Moriah) are “shovel ready” so businesses require no further Agency permits.

The Agency has also expedited development permits when this was critical for jobs and business retention, as was the case with a new plant for Old Adirondack, Inc. in the Town of Willsboro. And, of great importance, the Agency has helped strengthen the capacity of a range of not-for-profit organizations which are now able to work together on regional economic development planning.

I am convinced that there can be steady improvement in the economic vitality of the Adirondack Park but it will require better definitions of responsibility and increased coordination between State agencies, local governments and involved not-for-profits. We need to reduce competition and conflict. We must recognize and respect the distinct
roles that are necessary in building a more diverse and robust economy without denigrating the environmental resource which has clearly given us a competitive advantage over many other regions of the United States.

Initially, three things are critically needed: First, the funding and empowerment of local governments and not-for-profit economic development organizations to conduct well focused and realistic economic planning; Second, increased focus by the NYS Department of Economic Development, the State’s lead development agency, on adapting its programs to better serve the needs of New York’s very rural places, including the Adirondack Park; and, Third, the extensive use of the “Adirondack brand” to both market products made in the region and to advance destination tourism.

The Adirondack Park Agency has planning resources, including a sophisticated geographic information system, which can be very helpful in supporting regional economic development initiatives. And, with additional staff, the Agency can more effectively assist communities throughout the Park in comprehensive planning necessary to encourage
economic development.

The objectives of protecting the natural character of the Adirondack Park and significantly improving its economy are not mutually exclusive and the Adirondack Park Agency shares an interest in both. In my view, however, the Agency should not be the single organization –the “one stop shop” –selected to plan and promote the economic future of the Park because of inherent conflicts with its regulatory mandate. The Agency can best affect the economic future of the Park and its diverse communities as a ready and able technical resource and by being knowledgeable about the full implications of Agency decisions.

Additional planning capacity and closer coordination with State and local government will allow the Agency to serve a significant role in supporting other organizations which can lead regional economic development efforts in the future.



Wait! Before you go:

Catch up on all your Adirondack
news, delivered weekly to your inbox