Posts Tagged ‘Upland Development’

Saturday, December 11, 2010

Grant to Help Protect Lake George’s English Brook

The Lake George Association has been awarded a $25,000 grant from the Lake Champlain Basin Program to help protect the English Brook Watershed on Lake George.

One of the eight major streams entering Lake George, English Brook has been of high concern to the Association for over a decade. Land development in the English Brook watershed has increased the volume and velocity of stormwater runoff, leading to increased pollution entering the brook. The New York State Department of Environmental Conservation (DEC) lists the brook as sediment impaired, and its delta is one of the largest on the Lake. According to National Urban Runoff Program reports conducted during the 1980s, English Brook has high levels of total phosphorus, chlorides, total suspended sediments, lead and nitrate-nitrogen.

The grant will partially fund the installation of a $48,400 Aqua-Swirl hydrodynamic separator on the east side of Rt. 9N at the Lochlea Estate in the town of Lake George. The system will collect previously untreated stormwater runoff from both the east and west sides of Rt. 9N, as well as the bridge between the two exits at Exit 22 on Interstate 87. The majority of the runoff in the 48-acre watershed will be captured and treated.

Other stormwater solutions requiring a larger footprint were explored but were not possible due to the shallow soil depth and high bedrock found throughout the site. The Aqua-Swirl unit has a small footprint and a suitable location was found near existing stormwater infrastructure.

The project is also taking the opportunity to capture untreated stormwater runoff from the west side of the road. By installing some additional infrastructure, stormwater from both sides of the road will be directed to the new unit.

The cost of the entire project is estimated at $117,000. In addition to the Lake Champlain Basin Program grant, funding for this project has been secured from the Lake George Watershed Coalition and the Helen V. Froehlich Foundation. The village of Lake George will maintain the structure and clean out the system using the LGA’s Catch Vac.

How does an Aqua-Swirl Hydrodynamic Separator work?

Stormwater enters an Aqua-Swirl unit through an inlet pipe, producing a circular flow that makes contaminates settle. A swirl concentrator removes the gross pollutants; a filtration chamber then removes fine sediment and waterborne pollutants. A combination of gravity and hydrodynamic forces encourages solids to drop out of the flow and migrate to the center of the chamber, where velocities will be lower. The Aqua-Swirl also retains water between storms, allowing for settling of inorganic solids when the water is not flowing.

Additional work protecting the English Brook Watershed

Significant work in the English Brook watershed has already been completed by the LGA in conjunction with Warren County Soil and Water Conservation District (WCSWCD). In 2009, design work for a 150-foot-long sediment basin at the mouth of the brook was completed. Permits for this project have been submitted to the appropriate agencies. The basin will be about 6 feet deep with a capacity to trap over 700 cubic yards of material. Further upstream, at the Hubble Reservoir, the LGA hired Galusha Construction to remove a non-functioning sluice gate and valve that were making it difficult to maintain the site. The site was dewatered and almost 600 cubic yards of sediment were removed. The LGA acquired funding for both projects through grants from the Helen V. Froehlich Foundation and the New York State Department of State and the Environmental Protection Fund.

Once this important upland work is completed, the culminating step is to remove the sediment that has built up in the delta over the course of generations. The nutrient-rich sediment in deltas supports invasive plant growth, hampers fish spawning, and harbors nuisance waterfowl. By removing the delta, safe navigation is restored, the health of the Lake’s fisheries improves, the Lake returns to its original bottom, and property values are retained.

Photo: The English Brook delta in Lake George taken by the LGA in November 2010.


Sunday, October 3, 2010

Lake George Watershed Coalition’s Water Quality Forum

The Lake George Watershed Coalition will hold it’s 6th Annual Forum on Water Quality & Resource Conservation on Tuesday, October 5th at the Fort William Henry Conference Center. Speakers at the event will include Lake George Mayor Bob Blais, Lake George Waterkeepers Chris Navitsky and Kathy Bozony, Cornell Cooperative Extension’s Laurel Gailor and more. A panel discussion will focus on the West Brook watershed project. Registration begins at 8:15, and the cost to attend, including lunch, is $25. Click here for a registration form.

Here’s the full agenda:

Welcome Address – Department of State/Mayor Blais

The State of your Lake: Influence of Land-use on Stream Chemistry within the Lake George Watershed DFWI – Mark Swinton PhD & Charles Boylen PhD

Stream Assessment Report Results Chris Navitsky, P.E., LG Waterkeeper

Observations on the Impact of Fireworks Displays on Water Quality Emily Debolt, LGA

Documented Observations of Increased Algal Blooms in Lake George Kathy Bozony, LG Waterkeeper

Invasives in the Watershed Laurel Gailor, Cornell Cooperative Extension

Watershed Headwaters & Their Importance to Water Quality Rebecca Schneider PhD, Cornell Cooperative Extension

Presentation of Stewardship Awards Mayor Blais

Prudent Measures for Turf Management – Property Management in Critical Watershed Areas Frank Ross PhD, Cornell Cooperative Extension

Project Reviews:

* Town Highway Department Stormwater Improvement Project
* Eurasian Watermilfoil Management Program
* The Floating Classroom
* Lake Steward Program
* Shepard Park – Native Plantings Demonstration Project
* Upland Protection Activities
* Do It Yourself – Water Quality Guide

Panel Discussion: The West Brook Watershed Stormwater Improvement & Conservation Initiative – Update

Roundtable Discussion: Watershed Management – Challenges & Success in our Watershed & Others Across the State.

Photo: Lake George, courtesy the Lake George Watershed Coalition.


Kid next to water
Thursday, September 23, 2010

APA Approves Telecommunications General Permit

At the September Adirondack Park Agency (APA) meeting, the agency board authorized general permit application 2010G-1 designed to further streamline telecommunication project approvals. General Permit 2010G-1 fast tracks review of new or replacement cellular towers proposed for locations in proximity to previously approved agency sites.

This is the second general permit developed by agency staff to expedite telecommunication project approvals. Since 2005, cellular companies relied heavily on General Permit 2005G-3R to co-locate equipment on existing tall structures. The general permit process is less rigorous and results in cost savings for cellular companies.

In 2010, the APA issued fourteen permits to date resulting in 6 new towers, 6 replacements, and 2 co-locations. Fourteen additional applications are under review. In 2009, the agency approved 31 applications. This included 14 new towers, 14 co-location projects, 1 replacement and 2 replacement/co-location permits.

Additionally this year, APA participated in the Technical Assistance Center’s organizational meeting in support of their Wireless Clearinghouse Project. Project goals include the identification of tall structures throughout the Park for potential co-location sites to foster more cellular company investment in Park communities.

Cellular coverage will improve as approved projects are undertaken. Construction has not started however on many permitted tower sites located in Essex, Franklin, Hamilton and Warren Counties. A number of these permits were issued in 2009.

Chairman Curtis F. Stiles said, “The APA realizes comprehensive coverage along travel corridors and near population centers is only possible with planning and additional capital investment. We’ve worked diligently with the carriers to approve over 125 permits throughout the Park resulting in increased coverage in this topographically challenging region of New York State. We remain committed to working with carriers as they plan for this critical infrastructure.”

Executive Director Terry Martino stated, “The APA fully understands the importance of cellular and broadband technology to support economic development and public safety. The horizontal co-location general permit will provide carriers the opportunity to improve cellular coverage while reducing their capital expenditure costs. We appreciate their input on this application and their continued commitment to implement wireless technology in accordance with state law.”

The APA, working with stakeholder groups, developed a “Telecommunication and Tall Structure Policy” in 2002. The policy was established to expedite implementation of critical telecommunication infrastructure in conformity with the statutory requirements of the Adirondack Park Agency Act. The policy has resulted in improved cellular coverage for Adirondack communities especially along highway corridors and in population centers.

The policy includes guidance for telecommunication companies to ensure successful implementation of projects. Guidance includes: avoiding locating facilities on mountaintops and ridge lines; concealing any structure by careful siting, using a topographic or vegetative foreground or backdrop; minimizing structure height and bulk; using color to blend with surroundings; and using existing buildings to locate facilities whenever possible.

2010 Cellular Permit Activity by Carrier

8 Verizon Wireless:

5 new towers
3 replacement/co-location

4 AT&T:

1 co-location
3 replacement/co-location

2 T-mobile:

1 new Towers
2 replacement/co-location

14 applications under review:

2 Chester (Independent Towers/Verizon Wireless)
1 Clinton (Verizon Wireless)
1 Chesterfield (Verizon Wireless)
1 Minerva (Verizon Wireless)
1 Fine (Verizon Wireless)
1 Dresden (Verizon Wireless)
1 Port Henry (Verizon Wireless)
1 Dresden (Independent Towers)
1 Bolton (Independent Towers)
1 Duane (Verizon Wireless)
1 Caroga (Independent Towers)
1 Horicon (Independent Towers)
1 Hague (Independent Towers)

The general permit applications are available online.

Photos: Above, a mass of communication towers atop Prospect Mountain overlooking Lake George (John Warren). According to APA spokesperson Keith McKeever, the tower farm on Prospect includes pre-existing towers (pre-1973, no APA approval) and two towers approved in the 1980s when the agency’s towers policy was weak (essentially, approve towers where pre- existing ones stood without much concern for the height). Under the 2003 towers policy, the APA implemented “substantial invisibility” and tower heights came down. Below, the Cell Tower recently sited near Exit 29 in North Hudson (APA Photo).


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.


Friday, August 13, 2010

LG: Preserve Renamed in Honor of Conservationist

The Pilot Knob Ridge Preserve, which was protected by the Lake George Land Conservancy in large part through the efforts of the late Lynn Schumann, was re-dedicated in honor of the conservancy’s former director on August 9.

“We’re here as an act of living love,” said Mark Johnson, a founding trustee of the Lake George Land Conservancy who served as a master of ceremonies. According to Johnson, the re-dedication of the Pilot Knob Ridge Preserve was an act of love for both a particular place and a particular person, whose names will be permanently linked.

“A preserve is as close to perpetuity as anything we can know of,” said Johnson.

The Reverend Bruce Tamlyn, the Silver Bay chaplain who officiated at the wedding of Lynn and Kurt Schumann, said in his invocation, “the beauty of this place will be forever joined with the beauty of Lynn.”

Lynn Schumann, who died in March at the age of 46, served as the Lake George Land Conservancy’s executive director from 1999 to 2006.

She resigned the post to become the Land Trust Alliance’s northeast director, where she helped guide the work of 650 land trusts throughout New York and New England. Prior to joining the Conservancy, Schumann was the Wilton Wildlife Preserve’s first director. She was a graduate of Emma Willard and St. Lawrence University.

During Schumann’s tenure as the Lake George Land Conservancy’s executive director, membership increased from 250 to 1,171. At the time of her departure, the organization had protected nearly 5,000 acres of land and 11,000 feet of shoreline.

According to Sarah Hoffmann, the Conservancy’s communications co-ordinator, Schumann regarded the preservation of Pilot Knob Ridge as her greatest achievement on Lake George.

Before being acquired by the Conservancy, Pilot Knob Ridge was the site of a house and road visible from the lake, the west shore, Assembly Point and Kattskill Bay. “It was a gross insult upon the landscape,” said Lionel Barthold, one of the speakers at the dedication ceremony.

Pilot Knob Ridge was the first parcel acquired by the Conservancy that was already developed. The visibility of the cleared portions of the property from the lake, and the danger that it would be developed further, helped persuade donors that acquiring this piece was critical for protecting the character of the eastern shore, Schumann said in 2000, when the 223 acre parcel was purchased.

“Protecting Pilot Knob Ridge set a precedent; it showed that we could un-do an offense upon the landscape,” Barthold said at the dedication ceremony.

Once the property was owned by the Lake George Land Conservancy, the house on the ridge was removed. At a farewell party in 2006, Schumann said the razing of the house was a highlight of her career.

“The organization made a significant decision to remove the house situated prominently on the hillside,” she said. “It was a sunny spring morning when the wrecking crew began the process of demolishing the house. I peered out over the ridge and saw some 40 boats anchored along the shoreline cheering as the house came down.”

While Schumann loved the waters of Lake George and was dedicated to protecting water quality, she was especially passionate about protecting wooded uplands like Pilot Knob Ridge, said Kurt Schumann.

“These breath-taking views, the wild life, these are the things Lynn fought to protect,” said Schumann. “We have all lost a conservation champion.”

Among other speakers at the ceremony were Chris Navitsky and Susan Darrin. Rick Bolton and Tim Wechgelaer performed some of Lynn’s favorite songs, and Lake George Land Conservancy chairman John Macionis raised a cup of champagne in Schumann’s honor, officially declaring the slope and summit the Lynn LaMontagne Schumann Preserve at Pilot Knob Ridge.

“She’s smiling, humbled and grateful,” said Kurt Schumann.

Photo of Pilot Knob Ridge Preserve by Carl Heilman, courtesy of Lake George Land Conservancy

Photo of Lynn Schumann from Lake George Mirror files

For more news from Lake George, subscribe to the Lake George Mirror


Friday, July 9, 2010

Lake George Conservancy Seeks to Protect Pinnacle

The Pinnacle, the prominent Bolton Landing ridgeline where a developer has proposed situating houses, may be preserved after all.

The Lake George Land Conservancy’s Board of Directors has voted to apply for a grant from New York State’s Office of Parks, Recreation and Historic Preservation for funds to help acquire the ridgeline, said Nancy Williams, the Conservancy’s executive director.

Bolton’s Town Board approved a resolution endorsing the application at its July 6 meeting, said Bolton Supervisor Ron Conover.

“My personal feeeling is that protecting the Pinnacle is an admirable goal,” said Conover. “If there’s a willing seller, and it can be kept in a natural state, with hiking trails for the community, that would be a terrific thing.”

Last week, The Fund for Lake George and the Lake George Waterkeeper announced that law suits have been filed against the Town of Bolton for its approvals of a mile-long road to the Pinnacle’s summit.

“This is a clear case where rules and standards exist for a reason. Roads should not involve acres of clear cuts and traverse steep slopes. The extent of disturbance and excessive clearing involved in this proposal will scar the Pinnacle for generations,” said Waterkeeper Chris Navitsky.

According to Conover, the Town Board was also set to approve a resolution to retain Mike Muller, the town’s legal counsel, to defend Bolton’s Zoning Board of Appeals, Planning Board and Zoning Administrator from the suit.

But if the Pinnacle is protected and no road is built, the lawsuit would in all likelihood be dropped, said Peter Bauer, the executive director of The Fund for Lake George.

“If conditions on the ground change, obviously, that would have a huge effect on the suit,” said Bauer. “But we’d have to see the final result.”

Bauer said he could not comment on the proposal to protect the Pinnacle because he was unfamiliar with the Conservancy’s plans.

According to Nancy Williams, protecting the Pinnacle “is very much a local project; we’d like to see hiking trails connecting it to Cat and Thomas Mountains and into Bolton Landing itself, creating a significant trail system.”

But, Williams said, “it will take the community to protect the Pinnacle; we want to see how much support there is within the community.”

Williams said the Conservancy had made Pinnacle owner Ernie Oberrer aware of it’s interest, but had yet to hear from him.

Oberrer could not be reached for comment; reportedly, he has expressed an interest in building below the ridgeline if he could sell the Pinnacle’s summit for an unspecified sum. 


Not having discussed its plans with Oberrer, Williams said she had no idea how much money would have to be raised by the Conservancy and other local organizations to protect the Pinnacle.

Photo: The Pinnacle from Cat Mountain, courtesy Lake George Waterkeeper.

For more news from Lake George, subscribe to the Lake George Mirror


Friday, July 2, 2010

Lake George: Upland Development Battle Continues

The front lines in the battle over upland development continues to be Lake George. In the latest skirmish, a recent approval of a controversial, three lot subdivision atop a prominent ridge in Bolton Landing has prompted The FUND for Lake George and Lake George Waterkeeper to bring a lawsuit against the Town of Bolton.

The organizations filed the suit against the Town of Bolton’s Planning Board, Zoning Board and Zoning Administrator late last week. According to the suit, the application should have received a variance from the Zoning Board in order for it to be approved by the Planning Board.

“The approval granted by the Planning Board violates the Town Code for driveway width as well as violating the Town of Bolton Zoning Law, because the applicant never obtained a variance to exceed allowable clearing limits for road/driveway construction,” argued Waterkeeper Chris Navitsky.

According to Navitsky, the mile long road to the top of the Pinnacle was described as a shared driveway. “Under the Bolton Zoning and Planning codes, a driveway should only be 16 feet in width. The Planning Board issued a waiver, exempting the applicant’s access road from the Town’s Planning code restrictions of a 16-foot width. The Planning Board’s approval authorized a “shared driveway” of 20 feet in width with two 2-foot shoulders, totaling 24 feet,” said Navitsky.

“What the Planning Board is calling a shared driveway is a road in every way. We’re challenging the Planning Board’s authorization because what it authorized is not what’s been designed. The applicant is planning a road that is eight times as wide as the 24 foot width approved by the Planning Board,” said Navitsky. “This is a clear case where rules and standards exist for a reason. Roads should not involve acres of clear cuts and traverse steep slopes. The extent of disturbance and excessive clearing involved in this proposal will scar the Pinnacle for generations.”

The suit also alleges that the Town Zoning Board of Appeals should have issued a variance to permit excessive clearing. “Town Zoning Law states that clearing for driveways shall not exceed 16 feet. The Zoning Administrator should have recognized the need for a variance once she reviewed the plans and referred the matter to the Zoning Board,” said Navitsky.

“We asked the Town Boards and Town officials numerous times for an explanation of how a shared driveway that’s supposed to be 24 feet wide was approved given that it involves eight acres of clearcutting, widths of over 150 feet, and will be built on grades of over 25%? We never received a response” said Navitsky. “We feel like we attempted every means practical to work with the Town, but they refused to answer these basic questions. Now we’ll let the courts settle the matter.”

“This is an important legal issue because it seeks to clarify the Bolton code and establish an important precedent for placement and design of these shared driveways and roads to upland developments. As more development continues in the uplands of Bolton, many accessed by long driveways or roads over steep terrain, the issues of clearing widths and construction on steep slopes are very important” said Peter Bauer, Executive Director of the FUND for Lake George. “In this instance it appears to us that the Town is violating its own local laws.”

Photo: The Pinnacle from Cat Mountain, courtesy Lake George Waterkeeper.

For more news from Lake George, subscribe to the Lake George Mirror.


Monday, June 7, 2010

APA: Moose River Plains, General Permits, Zoning Changes, Boathouse Definition

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting on Thursday, June 10, 2010 at APA Headquarters in Ray Brook, NY. The June meeting will be one day only and will consider the creation of a Moose River Plains Intensive Use Camping Area, renewing four previously approved general permits on wetlands, communications towers, hunting and fishing cabins, and development rights, amendments to the Town of Hague, Bolton, and Westport local zoning programs, and revisions to the definition of “boathouse,” and easing the permitting process for businesses, among other topics. Meeting materials are available for download from the Agency’s website.

The Full Agency will convene on Thursday morning at 9:00 for Executive Director Terry Martino’s report which will include a resolution recognizing the contributions of long serving past Agency Board Member, James T. Townsend.

At 9:30 a.m., The State Lands Committee will hear a second reading for the Jay Mountain Wilderness and the Hurricane Mountain Primitive Area Unit Management Plans. These plans are actionable items; however, the Board will not act on the fire tower proposal included in the Hurricane Mountain Primitive Area at this time.

APA staff will request authorization from the Board to proceed to public hearing on reclassification proposals for state land in Herkimer and Hamilton Counties including a proposal to create a 2,925 acre Moose River Plains Intensive Use Camping Area. The committee will also hear an informational presentation from DEC staff on the working draft for the Moose River Plains Unit Management Plan. Public review of the draft Unit Management Plan will be conducted jointly between DEC and APA as part of a coordinated SEQR review process on both the Unit Plan and the reclassification proposals.

At 11:15, the Regulatory Programs Committee will consider renewing four previously approved general permits which are set to expire on August 12, 2010. The general permits include:

2005G-2 Minor Projects Not In or Impacting Wetlands

2005G-3 Replacement of or Installation of Certain New Telecommunications Antennas on Existing Towers or Other Tall Structures

2005G-4 Hunting and Fishing Cabins Greater Than 500 Square Feet in a Resource Management Area

2005G-5 Subdivision to Convey Two or More Lots Without Principal Building Rights

The Committee will then hear a first reading for a new draft general permit which, if authorized, would expedite APA approval for a change in use in existing commercial, public/semi-public and industrial structures. This proposed general permit is the latest in ongoing efforts by the APA to improve administrative efficiency.

At 1:00, the Local Government Services Committee will consider approving proposed amendments to the Town of Hague and the Town of Bolton’s approved local land use programs. Agency staff will then provide the committee with an overview on local land use controls inside the Adirondack Park.

At 1:45, the Park Policy and Planning Committee will hear a first reading on the Draft Memorandum of Understanding for APA’s review process of DEC projects on State Easement Lands inside the Adirondack Park. The MOU defines working relationships, provides guidelines for outlining new land use and development subject to Agency review and establishes review protocols for future DEC projects proposed on lands with State-owned conservation easements.

Following this discussion, the Committee will determine approvability for a proposed map amendment in the Town of Westport, Essex County.

At 3:00, the Legal Affairs Committee will meet to discuss and act on regulatory revisions for the definition of “boathouses”. The proposed definition is available as a pdf.

At 4:00, the Full Agency will convene to take action as necessary and conclude with committee reports, public and member comment.

The next Agency meeting is July 8-9 2010 at the Adirondack Park Agency Headquarters.

August Agency Meeting: August 12-13 at the Adirondack Park Agency Headquarters.


Tuesday, May 25, 2010

APA Seeks Public Comment on General Tower Permitting

The Adirondack Park Agency (APA) is proposing a new general permit entitled “Installation of New or Replacement Telecommunications Towers at Existing Agency Approved Sites.” According to APA press materials, this will be a General Permit which “will allow for an expedited review of certain types of telecommunications projects at sites where the Agency has previously issued telecommunications permits and where the Agency has reviewed visual analyses prepared for the approved projects.”

The general permit would cover the following types of proposed projects park wide:

1) the installation of one new telecommunications tower in the immediate proximity of an existing telecommunications structure approved by the Agency and where the existing access drive and utility infrastructure are used to the greatest extent practicable; and

2) the replacement of a pre-existing telecommunications tower or a telecommunications tower previously approved by the Agency to address structural deficiencies of the existing tower in order to accommodate co-location of an additional telecommunications provider on said structure; with potential for some de-minimus increase in height.

According to APA staff, the concept for this general permit came about after consultations with cellular companies, elected officials and agency staff. Projects eligible under this General Permit would not result in significant adverse changes in the overall visibility of the tower site as seen from public viewing points, according to the APA.

This action is a SEQRA, Type 1 action. A negative declaration and Full Environmental Assessment Form has been prepared by the Agency and is on file at its offices in Ray Brook, New York. The proposed General Permit, application and certificate forms are available for review on the Agency’s website at www.apa.state.ny.us/.

All persons and agencies are invited to comment on this proposed project in writing or by phone no later than June 28, 2010.

Please address written comments to:

Holly Kneeshaw, Acting Deputy Director Regulatory Programs

NYS Adirondack Park Agency
P.O. Box 99
1133 NYS Route 86
Ray Brook, NY 12977

Photo: A Mass of communication towers atop Prospect Mountain overlooking Lake George. Photo by John Warren.


Monday, May 24, 2010

Commentary: On Towers in Wilderness Areas

This month the Adirondack Park Agency board authorized its staff to solicit public comment on proposals to save the fire tower on Hurricane Mountain through a bit of legal legerdemain.

I understand the board’s motivation: the public wants the tower to stay. This has been amply demonstrated in letters, petitions, and comments at hearings.

But the solutions on the table are intellectually dishonest and make a mockery of the Adirondack Park State Land Master Plan. » Continue Reading.


Tuesday, May 11, 2010

APA Meeting: Doubling Cell Towers, Fire Towers, More

The Adirondack Park Agency (APA) will hold its regularly scheduled monthly meeting this Thursday and Friday (May 13 and 14) at APA Headquarters in Ray Brook.

Among the items the Agency will be considering are a General Permit for the replacement and doubling of existing cell-towers and possible classification alternatives for fire towers in the Hurricane Primitive Area and the St. Regis Canoe Area. These could include reclassifying a small area around the base of the fire towers to a Historic Area classification, revising the State Land Master Plan. » Continue Reading.


Tuesday, March 2, 2010

APA Approves Route 30 Cell Tower, More Planned

On February 19th the Adirondack Park Agency (APA) issued a permit to Verizon Wireless and the Duane Volunteer Fire Company authorizing the construction of a cellular tower and the collocation of emergency communication equipment. The approval came to Verizon’s surprise, the Adirondack Daily Enterprise is reporting, as the company had been planning on withdrawing the permit application. The tower, if it is constructed by Verizon, would broaden cellular coverage along NYS Route 30 and improve emergency service communications in Franklin County. This is the third Verizon Wireless approval in 2010.

The site is along the south side of County Route 26 in northern Duane, Franklin County on lands owned by the Duane Volunteer Fire Company. The approved tower is 80-feet tall and was expected to include two whip antennas, one 18-foot for Franklin County Emergency Services and another 16-foot for the Duane Volunteer Fire Company which will extend above the tower itself for a total height of 98 feet.

According to an APA press release “Agency staff determined the tower and antenna array would not be readily apparent from off site locations. The tower will be painted a dark grey or black color with a non-reflective or matte finish. This site is also located in close proximity to existing telephone and electric power.”

Last year the agency issued 31 telecommunication permits, including 14 new towers, 14 collocation projects, 1 replacement and 2 replacement/collocation permits. To-date the agency issued 195 telecommunication permits resulting in the construction of 118 structures.

The APA is currently reviewing another ten applications for the following locations:

1 in Town of Dresden (behind Hulett’s Landing fire station)

1 in Town of Fine (NYS Route 3 – Star Lake hamlet)

1 in Town of Minerva (NYS Route 28 & More Memorial Hwy)

1 in Town of Chesterfield (Virginia Drive)

1 in Town of Clifton (NYS Route 3, Cranberry Lake)

1 in Town of Chester (NYS Route 9, Word of Life)

1 in Town of Wilmington (NY Route 86)

1 in Town of Queensbury (West Mountain Road)

1 in Town of Westport (Boyle Road)

1 in Town of Fort Ann (collocation on existing simulated tree tower)

The following description of the implementation of the APA’s Towers Policy come from an APA press release:

The agency’s Towers Policy, revised in February of 2002, discourages mountaintop towers and promotes the collocation of facilities on existing structures. The policy is intended to protect the Adirondack Park’s aesthetic and open space resources by describing how to site telecommunication towers so they are not readily apparent. The natural scenic character of the Adirondack Park is the foundation of the quality of life and economy of the region, long recognized as a uniquely special and valuable State and National treasure.”

The policy also recognizes the importance for telecommunications and other technologies to support the needs of local residents, the visiting public and the park’s economic sector. The policy includes guidance for telecommunication companies to ensure successful implementation of projects.

Guidance includes: avoiding locating facilities on mountaintops and ridge lines; concealing any structure by careful siting, using a topographic or vegetative foreground or backdrop; minimizing structure height and bulk; using color to blend with surroundings; and using existing buildings to locate facilities whenever possible.


Saturday, February 6, 2010

APA Has Approved 188 Telecomm Permits

If there was any doubt about where the Adirondack Park Agency (APA) stands on cell towers, the following press release, presented here in it’s entirety, should clear it up:

On January 29, 2010 the Adirondack Park Agency (APA) hosted a meeting on telecommunication projects which was attended by Senator Betty Little, Assemblywoman Janet Duprey, Franklin County officials, Local Government Review Board Executive Director, Verizon, T-Mobile and AT&T representatives. Agency staff were in attendance and provided an overview of the Agency’s Towers Policy and the 31 telecommunication projects approved in 2009 resulting in a total of 116 telecommunication structures in the Adirondack Park through a total of 188 permits. The meeting focused on ways to refine the permitting process, reduce cost, extend coverage and promote coordination between the cellular carriers.

During the meeting participants expressed strong support for continued improvement in overall cellular coverage throughout the Adirondack Park to benefit local residents, businesses and tourists. There was discussion about the need for the agency to consider fewer taller towers to promote co-location. Officials emphasized co-location potential is minimized when permitted towers just peek above the tree line. Discussion also focused on considering different conditions where not readily discernible and sometimes visible could build more flexibility into the agency’s review process.

There was encouragement for cellular carriers to coordinate planning efforts and submit joint applications. Industry representatives indicated they must abide by FCC regulations which limit the extent they can collaborate when planning their networks. Carriers said they do not submit joint applications or design their overall network based on the possibility of co-location but can design individual towers to accommodate future co-locations. They also stated system development is driven by customer base and while co-location is advantageous it is not currently a major part of their business model or revenue sources.

The carriers did acknowledge they realized significant benefits from information provided by agency staff and local officials in reference to the availability of tall structures located throughout the park. Carrier representatives proposed the agency itself consider slightly taller towers to accommodate co-location.

Tower height was also discussed by local government officials regarding differences in coverage areas for the Verizon Paul Smith’s College site. During the initial proposal, Verizon s propagation analysis for a 90 foot tower projected a coverage range of approximately 1.5 to 2 miles and analysis further indicated little change in range for the approved 65 foot tower. However, with the site built and operational, the public is experiencing coverage within approximately a three mile radius of the campus. Verizon officials indicated that a higher customer user volume could occasionally cause a decrease in the coverage area which was noted by local town officials. Agency staff presented a Verizon Wireless coverage map of NYS Route 30 which identified the potential need for three additional towers between Paul Smith s and Duane to ensure coverage along the corridor. It was also noted that topography and specific locations are two important factors in terms of serving population centers and travel corridors.

The meeting included dialogue on possible approval process refinements. Agency staff suggested pre-application meetings earlier in the process to avoid extra costs associated with visual analysis and site engineering details. Staff also suggested carriers utilize the agency’s tall structure GIS database to help design networks. In addition, an interesting approach to siting multiple towers on sites where taller towers would not be appropriate was suggested. There was discussion about the potential to amend the co-location General Permit to review the proposal for a new tower on an existing site as a horizontal co-location. This could result in significant time and cost savings.

The discussion addressed how telecommunications services provide a safety network for visitors, residents and businesses. It was acknowledged that additional tower development throughout the park will build services that result in decreased gaps in coverage. Chairman Stiles stated that the agency’s administration of the Towers Policy has matured and the agency will consider the various recommendations shared. How do we refine the process to serve the public good? he asked.

APA APPROVED 31 CELLULAR PROJECTS IN 2009

Staff provided an overview detailing the continued improvement in cellular coverage inside the park. In 2009, the APA approved 31 permits/amendments for cellular projects. This included 14 new towers, 14 co-location projects, 1 replacement and 2 replacement/co-location permits. Presently there are 11 cellular tower applications under review. To date the agency has issued 188 telecommunication permits resulting in the construction of 116 structures.

2009 Cellular Permit Activity By Cellular Carrier

8 Verizon Wireless Permits:

5 New Towers
2 Co-locations
1 Replacement

18 T-Mobile Permits:

6 New Towers
11 Co-locations
1 Replacement & Co-location

1 AT&T Permit:

1 Co-location

Additionally, park-wide coverage was reviewed in relation to the following eleven applications that are pending approval:

11 Cellular Applications Pending Approval:

1 in Town of Dresden (behind Hulett’s Landing fire station)
1 in Town of Keene (near Neighborhood House)
1 in Town of Fine (NYS Route 3)
1 in Town of Minerva (NYS Route 28 & Morse Memorial Hwy)
1 in Town of Chesterfield (Virginia Drive)
1 in Town of Clifton (NYS Route 3, Cranberry Lake)
1 in Town of Chester (NYS Route 9, Word of Life)
1 in Town of Wilmington (NY Route 86)
1 in Town of Queensbury (West Mountain Road)
1 in Town of Duane (Co. Rt. 26, fire department)
1 in Town of Westport (Boyle Road)

Coverage along travel corridors and communities continues to improve as cellular companies build approved projects.

Staff also noted policy implementation through the permit process has withstood legal challenges which ensures approved projects move forward in a timely fashion for telecommunication carriers. The Agency’s Towers Policy, revised in February of 2002, discourages mountaintop towers and promotes the co-location of facilities on existing structures. The policy is intended to protect the Adirondack Park’s aesthetic and open space resources by describing how telecommunication tower sites achieve substantial invisibility. The natural scenic character of the Adirondack Park is the foundation of the quality of life and economy of the region, long recognized as a uniquely special and valuable State and National treasure.

The policy also recognizes the importance for telecommunications and other technologies to support the needs of local residents, the visiting public and the Park’s economic sector. The policy includes guidance for telecommunication companies to ensure successful implementation of projects.

Guidance includes: avoiding locating facilities on mountaintops and ridge lines; concealing any structure by careful siting, using a topographic or vegetative foreground or backdrop; minimizing structure height and bulk; using color to blend with surroundings; and using existing buildings to locate facilities whenever possible.

The mission of the Adirondack Park Agency is to protect the public and private resources of the Adirondack Park through the exercise of the powers and duties of the Agency as provided by law. With its headquarters located in Ray Brook, the Agency also operates two Visitor Interpretive Centers, in Newcomb and Paul Smiths. For more information, call the APA at (518) 891-4050 or visit www.apa.state.ny.us.


Saturday, January 9, 2010

APA To Meet: Keenan Reservoir, Lewis Cell Tower, Westport

The Adirondack Park Agency (APA) will meet on Thursday, January 14, 2010 at APA Headquarters in Ray Brook, NY. Highlights of the meeting will include reconstruction of the Keenan Reservoir spillway in Laurene, an application to build a cell tower between exits 31 and 32 of Interstate 87 (Adirondack Northway) in the Town of Lewis, and additions and revisions of the Town of Westport’s local land use program. The one day meeting will be webcast live on the Agency’s website at http://www.apa.state.ny.us. Materials for the meeting can be found at http://www.apa.state.ny.us/Mailing/2010/01/index.htm.

Here is the text of the agency’s meeting announcement:

The Full Agency will convene on Thursday morning at 9:00 with Executive Director Terry Martino’s report highlighting monthly activity. Mrs. Martino will also introduce Elizabeth Phillips, Esq, who was hired in December 2009 as a Senior Attorney in the Legal Division.

At 9:15 a.m., the Regulatory Programs Committee will consider a shoreline structure setback variance request from the City of Glens Falls. The City proposes to reconstruct the Keenan Reservoir spillway which is located off Beartown Road in the Town of Lake Luzerne, Warren County. The reservoir is a component of the City’s water supply source and in need of repair.

The Committee will also deliberate a T-Mobile Northeast, LLC application for construction of a telecommunication tower. The tower would be located west of Interstate 87 (Adirondack Northway) between exits 31 and 32 in the Town of Lewis, Essex County. Project design includes tower space for an additional telecommunications carrier.

The committee meeting will conclude with a presentation highlighting telecommunication projects approved by the Agency in 2009.

At 11:15, the Local Government Committee will convene to review proposed additions and revisions put forth by the Town of Westport related to their approved local land use program. The town has administered an approved program since 1986. These proposals represent a multi-year effort by the Town Board, Planning Board and Zoning Office to correct deficiencies and provide greater opportunities for residents and businesses. Agency planning staff assisted the town in preparing the amendments.

At 1:00, the Economic Affairs, Park Policy and Planning Committees will meet jointly for two presentations. The committees will be briefed by Northern Forest Center Executive Director Rob Riley and Program Manager Joe Short regarding the status of the Sustainable Economy Initiative (SEI) and recently authorized Northern Border Commission.

Tug Hill Commission Executive Director John Bartow will then discuss the Tug Hill Resident and Landowner Survey. This survey was designed to gather input from citizens related to quality of life in the Tug Hill region and attitudes towards future land use decisions. It was a collective effort between Tug Hill Commission professional staff and The Center for Community Studies at Jefferson Community College.

At 2:30, Town of Moriah Supervisor Tom Scozzafava will be the guest speaker for the Community Spotlight presentation. Supervisor Scozzafava will overview his community and highlight important community issues facing this Essex County town.

At 3:00, the State Land Committee will receive an update on revisions to the Interagency Guidelines for Invasive Species Management on State Land. The Committee will also hear an informational presentation on the Jessup River Wild Forest Unit Management Plan Amendment.

At 4:15, the Full Agency will convene to take action as necessary and conclude the meeting with committee reports, public and member comment.

The next Agency meeting is February 11-12, 2009, at the Adirondack Park Agency Headquarters.

March Agency Meeting: March 11-12 2010 at the Adirondack Park Agency Headquarters.


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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.



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