The legal challenge was filed this spring because the Adirondack Park Agency in Ray Brook failed to conduct an adjudicatory public hearing that could have, through sworn expert testimony and cross examination, uncovered facts about noise, ground, surface water and other information needed for the APA to render a determination of no undue adverse impact “upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the park.”
No hearing about the granite quarry was held by the APA which, after staff review, issued the proposed granite quarry a permit to operate earlier this year.
After a dozen years, Terry Martino is retiring as the executive director of the NYS Adirondack Park Agency. Terry is an admirable person who has had a difficult job of balancing the pressures from APA applicants, staff, members and the Cuomo administration – and much else.
But for more than a decade she – like many others – loyally saluted as a member of Team Cuomo, the Governor who:
put up those banners in Ray Brook that the Park was Open for Business;
weakened both the Private Land Use and State Land Plans;
weakened the APA and was satisfied with token environmentalism on its board;
steered APA further off course from its mission as a planning agency in an era when climate change accelerates the urgent need for better land use planning.
In his Jan. 11 commentary in the Adirondack Almanack, Peter Bauer asked the question “Will the new boss be the same as the old boss?” in questioning whether the Adirondack Park Agency Board, under new chairman John Ernst, would finally start holding adjudicatory hearings regarding contentious issues, or would it continue to avoid this process which allows citizens’ and experts’ views to be heard and questions answered. The issue in question was the White Lake Quarry Application (APA2021-0075) which called for extensive mining operations directly over the community’s aquifer and within 1000 feet of their pristine spring-fed lake, in the middle of a tourist-oriented residential community of some 400 homes and small businesses.
Adjudicatory hearings used to be a regular occurrence; between 1973-2008, there were 151, or roughly 4-5 per year. Since 2008, not a single adjudicatory hearing has been held as the APA has become more and more inclined, especially during the Cuomo era, to support business activities in the Park it is sworn to protect. Governor Hochul has pledged to change that mind-set. Obviously, the word has yet to trickle down to the APA.
In announcing the appointment of John Ernst as the new chairman of the Adirondack Park Agency (APA) in late October, New York State Governor Kathy Hochul referred to the Park as “a unique asset” and a “natural gem,” while further noting that “we must preserve its natural beauty for future generations to enjoy, while also boosting tourism and small businesses across the region.” Unfortunately, the word has yet to filter down to the APA staff, whose primary mission is “to protect the public and private resources of the Park.”
Under the previous Cuomo administration, the APA had been very pro-development in the supposedly protected Park. That mind-set regrettably continues, one case in point being the application to begin extensive mining operations in close proximity to White Lake in the Forestport/Woodgate area inside the Park. Local affected residents in this small largely tourist community have submitted hundreds of letters and a petition with over a thousand signatures requesting an adjudicatory hearing to address the many deficiencies they have documented in the Red Rock Quarry Associates application to begin extensive granite mining operations – an initial excavation area of 5.2 acres within a 26.6 acre life of mine zone involving up to 3-6,000 cubic yards of dimensional stone and 10,000 cubic yards of aggregate annually hauled out by up to 20 tractor-trailers daily during an April-October 5 1/2 days/week operation.
We’ll know the answer to this question when the Adirondack Park Agency (APA) meets on January 13-14th. On its agenda is a draft permit for a new granite quarry in White Lake in the town of Forestport in the western Adirondacks. This project is widely opposed by neighboring landowners, residents, and property owners in the general area. There have been very few private land development projects in the last two decades that have engendered such a high level of public involvement and concern.
Three years ago in anticipation of the decennial census, reapportionment and redistricting, Adirondack Almanack suggested a congressional district (red outline on the map) that would comprise the entire Adirondack Park and lands reaching to the St. Lawrence River from Alexandria Bay to Cornwall and the US/Canadian boundary from Cornwall east. If necessary there was plenty of room on the map for the district to expand below the park to accommodate larger numbers.
The numbers were loosely based on a guess that New York would lose only one congressional seat this time around. The fact that New York lost two seats in the reapportionment process, and that prison populations would no longer be credited to the prison’s district, meant that any resulting congressional district would have to cover more territory. The map of the new 21st CD released yesterday by Special Master, US Magistrate Judge Roanne Mann (blue outline on the map) came pretty close to the imagined Adirondack/North Country district—with Watertown, Fort Drum and Tug Hill added for good measure. The only scrap of the Adirondack Park missing from the new district is the northeastern point of Oneida County, now assigned to the 22nd district. Oh so close, especially when you consider the extra wart on the new 21st CD below the Adirondack Park at Hinckley Reservoir, encompassing Gravesville and the town of Russia. Not to be petty here, but would it have killed someone to swap a few dozen Russians for as many resident Adirondackers settled around White, Long and Otter Lakes?
This post was amended to reflect the correct name and official designation of US Magistrate Judge Roanne Mann.
The Adirondack Park Agency (APA) will hold a legislative hearing on Tuesday, July 28, 2009 at the Forestport Town Hall on a proposed widening and improvement of a ten mile stretch of Route 28 from Route 12 (in Forestport, Oneida County) to the Moose River in the Town of Webb (Herkimer County). The project sponsors, NYSDOT and National Grid, will also be there to answer questions or address concerns about the design of the project. APA staff will be available to discuss the permitting process. The legislative hearing will start at 6:15pm. Here is a description of the project and other details on the meeting which were supplied by the APA:
The project begins approximately 6 miles north of the intersection of Routes 12 and 28 in Alder Creek and terminates at the Moose River in McKeever for a total project length of approximately 10.3 miles. The project consists of resurfacing a section from the southerly limit of the project for a length of approximately 2 miles; a reconstruction section for approximately 2.5 miles through Woodgate and a portion of White Lake; resurfacing a section with minor widening for a length of approximately 1.5 miles through a portion of White Lake; and resurfacing a section for the remainder of the project for a length of approximately 4.5 miles through Otter Lake to the Moose River in the Town of Webb. There will be utility relocations throughout the reconstruction section to provide a minimum offset from the edge of travel lane of 16 feet. There will be additional isolated utility pole relocations within the resurfacing sections to provide the same 16 foot offset.
PURPOSE OF MEETING: This is an informal legislative hearing conducted by the Adirondack Park Agency pursuant to APA Act section 804(6) to receive public comment on the proposed project. The hearing will include introductory presentations on the project design by the NYS Department of Transportation and National Grid. Agency staff will take notes on the public comment. Comments may be submitted by verbal statements during the hearing or by submitting a written statement. Agency Board Members and Designees may be present to hear the public comments. The Agency Board will make its decision on the project at one of its monthly meetings at some time in the near future.
GOAL OF THE MEETING: To allow the public to express concerns regarding this proposed project and how it may positively or negatively impact individual properties or the community.
MEETING FORMAT: NYSDOT, National Grid and APA personnel will be available from 5:30 to 6:15, prior to the formal presentation, to address any questions or concerns that individuals may have about the design of the project or the APA permitting process. At 6:15 APA Deputy Director Mark Sengenberger will commence the formal portion of the hearing. He will introduce NYSDOT and National Grid personnel who will make brief presentations concerning the project objectives, scope, schedule and cost. During the presentations, the public can ask questions for clarification purposes only. Following the presentations, members of the public will have the opportunity to make brief verbal statements about the project. There will be a sign up sheet for any persons wishing to make public comment. In order to allow everyone to speak who wants to, comments will be limited to no more than 3 minutes in length and speakers will go in the order that they signed up. Members of the public can provide additional written comments to the Agency at or after the meeting. Town of Forestport and Town of Webb officials will be present and introduced at the meeting.
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More misinformation about APA formal hearings
Reporter Megan Plete Postol reported on a recent judicial proceeding in Oneida County Supreme Court brought by Adirondack White Lake Association. The lawsuit was brought by neighbors of Red Rock Quarry, a proposed new granite quarry to be located very close to White Lake in Forestport.
The legal challenge was filed this spring because the Adirondack Park Agency in Ray Brook failed to conduct an adjudicatory public hearing that could have, through sworn expert testimony and cross examination, uncovered facts about noise, ground, surface water and other information needed for the APA to render a determination of no undue adverse impact “upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the park.”
No hearing about the granite quarry was held by the APA which, after staff review, issued the proposed granite quarry a permit to operate earlier this year.
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