Posts Tagged ‘apa’

Monday news roundup: NYS wine, 911, PCBs

Photo: Everjean, Creative Commons, some rights reserved

Photo: Everjean, Creative Commons, some rights reserved

Happy Monday! Sure, it’s cold and grey (at least here in Canton), but perhaps a lovely glass of North Country wine would help? David Sommerstein reports today on the growing industry (hearty grapes, people!), centered in Clinton County.

We went to John Brown day this weekend and asked people there what freedom means to them.

And in the Adirondack Park, the APA has voted to host a series of public meetings on what to do with the former Finch, Pruyn, and Co. timberlands the state’s acquired. That could range from mostly wilderness (no motorized vehicles) to wild forest, which is more accessible for people and recreation.

Up in Massena, the Watertown Daily Times is reporting that Alcoa is planning on storing 109,000 cubic yards of contaminated sediment at a landfill on the Alcoa West plant site. That’s the sediment it’s dredging from the banks of the Grasse River as part of a U.S. Environmental Protection Agency-approved plan to clean up the Grasse River Superfund Site.

Some, in particular residents of the very nearby Akwesasne Mohawk Nation Territory, have expressed concerns that storing the contaminated sediment so close by could compromise the effectiveness of the cleanup — the paper reported they raised the former GM site (also a Superfund site) as an example of what can happen when contaminated materials are disposed of “carelessly” in an area that’s already suffered from PCB exposure as have both of those. But tribal environmental division Director Ken Jock said this facility is much safer, and is “basically the state-of-the-art, best way of dealing with PCBs at the moment.” He said there’s a big difference between the two sites. So we’ll see what happens there.

And on a less sediment-y note, the WDT is also reporting today that Jefferson and Lewis Counties will get a combined $1.1 million to cover costs associated with emergency call centers (that’s 911 to you and me.) Jefferson County’s getting $295,523; Lewis, $808,615. The grants, which come through the state Division of Homeland Security (huh!), is part of a plan to improve the state’s emergency communication network, and help local governments work together on said communications.

 

 

Afternoon read: APA senior attorney Banta to retire

John Banta, at right, with APA chairwoman Lani Ulrich. (Photo: Brian Mann)

Chris Knight is reporting at the Adirondack Daily Enterprise that John Banta, the Adirondack Park Agency’s senior counsel, will retire at the end of this month.

Banta isn’t widely known to the general public, but he’s been one of the most significant players in the evolution of the APA and its legal and regulatory framework since the late 1970s.  Knight lays out that narrative in the Enterprise:

Over the past 10 years, Banta has laid the legal groundwork for some of the agency’s biggest, and often most controversial, policy decisions, including restrictions on the size and height of boathouses, a mileage cap on snowmobile trails on state lands in the Park and the ban on floatplane access to Lows Lake.

He’s been counsel to the agency during its review of countless development projects in the Park, from small subdivisions to the largest project ever to come before the APA board – the Adirondack Club and Resort in Tupper Lake, which won agency approval earlier this year.

The APA has won several high-profile legal and enforcement cases during Banta’s tenure, including a six-year legal battle over the Spiegel house in Lake Placid and a challenge to tighter shoreline setback restrictions enacted by the agency. The agency also lost a prominent case over farmworker housing, with Essex farmer Sandy Lewis, during Banta’s tenure.

Green groups, neighbors sue “rogue” APA over Adirondack Club and Resort decision

A "rogue" Adirondack Park Agency?

In  a press release first published on the Adirondack Almanack blog, two green groups have announced plans to sue New York state to block the Adirondack Club and Resort project in Tupper Lake.

“In the last few years APA has become a rogue agency that ignores the law for political ends” said John Caffry of PROTECT!, the lead attorney in the case. “Its rubber-stamp approval of this project, the largest ever to come before it, is only the latest example of this unfortunate trend.”

Protect and the Sierra Club say they’ll file the suit challenging the APA commission’s 10-to-1 vote, along with two neighbors of the massive project.

Some other green leaders, including the Adirondack Council’s Brian Houseal, have questioned whether a suit is appropriate or likely to succeed, noting that the APA spent roughly 7 years reviewing the project.

The move is also certain to spark ire from local government leaders, some state officials, and from lead developers Tom Lawson and Michael Foxman.

But the activists who filed the suit say they can prove that the APA’s review didn’t meet state requirements.

PROTECT!, the Sierra Club and the co-petitioners charge that the APA violated…components of its legal mandate. For example, despite having formally asked the developer to prepare a four-season, comprehensive wildlife study no less than four times, the Agency approved the fragmentation of the undeveloped forest lands without ever having received it. Even more puzzling is the Agency’s approval of the project on the condition that more studies of impacts to wildlife would be done after that approval, rather than beforehand.

NCPR will have more on this story Wednesday during the 8 O’clock Hour.  Green groups say they plan to brief the media on their suit Thursday morning at 11 am.

Was the Big Tupper resort decision really a major defeat for green groups?

In the latest edition of the Adirondack Explorer, I probed the question of what the Adirondack Club and Resort decision means for environmental groups in the Park.

Some green leaders are indignant at the notion that the 10-to-1 Adirondack Park Agency vote might signify weakness, disarray or ineffectiveness on the part of the region’s environmental movement.

In an email, Adirondack Wild co-founder Dan Plumley responded this way:  “To point blame for this so-called defeat on the environmental community or concerned citizens is tantamount to bald-faced propaganda.”

Here’s why I thought the issue was worth writing about.

When I came to the Adirondacks 13 years ago, green groups dominated the environmental debate.  They generally framed the issues, and had remarkably strong ties to the Pataki administration.

Green groups were arrayed in a more or less strategic pantheon, with different leaders playing different roles.  There were strong indications that these partnerships were at least somewhat coordinated.

They won big battles, pushing through wilderness designations for forest preserve parcels, blocking the use of SONAR on Lake George, shutting down float planes on Lowes Lake, and

In those days, it was often difficult to find strong, informed and influential spokespeople for the local government and pro-development side of debates.

These days, all that has changed.  Pro-development groups like the Local Government Review Board and ARISE are much more sophisticated, coordinated, and politically connected.

Green groups, meanwhile, have gone through a half-decade of turmoil, as prominent leaders have departed the scene, venerable groups have dissolved, merged, reformed, and splintered yet again.

On the ACR debate, they were clearly divided, with two relatively new groups — Plumley’s Adirondack Wild and Protect the Adirondacks — maintaining that allowing the project would set a hugely dangerous precedent for hte Park.

But the region’s biggest group, the Adirondack Council, embraced the resort in its final design, and publicly distanced itself from the rest of the movement.

For that kind of muddle to happen in the middle of a debate that many environmentalists singled out as a seminal battle in the history of the Adirondacks — one that they spent seven years fighting — that’s significant.

One prominent green leader, Peter Bauer now with the Fund for Lake George, makes a salient point in all this:

This APA commission seemed very likely to approve the Big Tupper resort in some form, no matter how unified or efficient the green movement was.

But that fact raises an even bigger question about the state of the environmental movement in the Park.  Why is it that activist groups have been unable to successfully influence the choice of APA commissioners?

Green favorite Dick Booth was chosen by Democratic Governor Eliot Spitzer to serve as chair of the APA, but that decision was easily derailed by local government leaders and by state Senator Betty Little.

(Booth now serves as a regular member of the board.)

Governor David Paterson then appointed environmental leader Peter Hornbeck to serve as an APA commissioner — at a time when Democrats controlled the entire state legislature.  Once again the pick was sidelined.

The situation is so difficult for green groups that last year Adirondack Council spokesman John Sheehan acknowledged that his organization was keeping mum about its preferences for the Park board.

“We used to publicize it but we’ve decided that it doesn’t help those on the list so much,” Sheehan said.

“If it was a Democratic governor and Democratic Senate, we wouldn’t have to go to these lengths to keep it quiet.”

The point here isn’t to suggest that the ACR decision was the green community’s “fault,” or that environmentalists have somehow “lost” the APA.

The situation in the Park is obviously more nuanced and complicated than that.  But it’s reasonable to look skeptically at the balance of power in the Adirondacks as it shifts and changes over time.

And I think it’s fair to say that a significant shift has occurred.

So what do you think?  Do you see a different debate in the Park?  How do you view the relative strength of the pro-development and local governments inside the blue line, compared with environmental activists?

Morning Read: Did the Adirondack Park Agency gloss over Big Tupper wildlife concerns?

Last month’s decision by state officials to allow construction of the massive Big Tupper resort continues to simmer out there.  A legal challenge could still come, with the deadline for a decision by green groups set for April 1st.

In today’s Adirondack Almanack, David Gibson – co-head of the group Adirondack Wild — points to what he views as a glaring shift in how the Adirondack Park Agency treated wildlife concerns on the 6,200 acre property.

Gibson points to this passage, in official documents prepared by the APA in late October 2011.

“A comprehensive biological inventory of the project site was not conducted, so it is not possible to make specific findings concerning impacts to habitat from the proposed project or to identify the presence or location of specific areas on the project site that should be prioritized for protection.”

Gibson argues that just a few months later, the APA was sounding a very different tune.  In official documents prepared in January 2012, that paragraph is deleted and replaced with this:

“Site investigations to evaluate wildlife and wildlife habitat on the project site followed standard Agency guidelines and procedures. In addition to reviewing historical records for threatened and endangered species, qualitative biological surveys including on site visual assessments as defined in Agency guidance ‘Guidelines for Biological Surveys’ were completed during site visits. Other than identifying the deer wintering area as a key wildlife habitat, no other wildlife habitat was identified as containing threatened, endangered or species of special concern on the project site.”

During debate and discussion by the APA commission over the last several months, it became clear that wildlife surveys on the property were rudimentary at best, a fact that prompted a lot of concern even from board members who ultimately voted Yes.

State officials reported that when an independent scientist visited the property, a significant number of new amphibians were identified in a single day.  (The developer’s review team failed to identify a single amphibian.)

APA board member Judith Drabicki, who represents the Conservation Department, pointed out during public discussions that DEC guidelines for evaluating endangered species concerns are significantly more rigorous than the methods used by the APA.

This may seem like yesterday’s news.  But the issue Gibson raises could inform whether or not green groups sue to challenge the Big Tupper permit.

These questions could also be key to any discussion of reforming the Park Agency’s procedures for reviewing big projects in the future.

Was the Adirondack Park Agency’s Big Tupper decision fixed? No.

When I was leaving Adirondack Park Agency headquarters last Friday, after commissioners green-lighted the Adirondack Club and Resort on a 10-to-1 vote, green activist Richard Brummel walked over to share his views.

He hadn’t heard the discussion inside — he was picketing outside during the final two days of testimony — but he was convinced of one thing:  the fix was in.

Approval of the Big Tupper resort had been orchestrated in Albany and the process of debate and voting in Ray Brook was window-dressing, a sham.

He pointed to the abrupt departure of APA chair Curt Stiles last summer as evidence that strings were being pulled.

Brummel’s view isn”t unique in the green community.

I’ve spoken to a number of environmentalists who say privately that they think the review process was deliberately skewed at various stages, with APA staff forced to soften or water down their concerns.

A press release issued by Protect the Adirondacks on Friday argued that the “decision has been unduly influenced by enormous pressure from several quarters to do something to try to revive the local economy.”

The APA obviously operates in a politicized atmosphere, facing pressures and influences from all sides.  It would be naive to suggest that big decisions like this happen in a complete vaccuum.

But having covered this process closely, I think speculation about this kind of big fix is off the mark.  Here’s why:

- Critics suggesting that the process was fixed, or skewed unfairly, are making a serious claim about what would amount to illegal activity.  They have yet to offer any evidence to support their claims.

- My (fairly good) sources throughout the APA say this kind of manipulation didn’t happen.  The hearing staff and the executive staff within the Agency concluded that the permit as written could be granted legally.

- My sources also say the APA’s experienced scientists and field staff concluded independently that environmental damage caused by the resort would not be “undue.”  (“Undue adverse impact” is one of the standards for denying a permit.)

- The APA is a pretty leaky ship.  If some kind of fix had been in, or if people suspected that kind of behavior, it’s a safe bet that someone inside the agency would be whispering about it.  So far, no one is.

- The APA permit was voted for by Cecil Wray, a veteran commissioner with deep ties to the environmental community.   Wray is an experienced attorney and has a sterling ethical reputation.  I would need strong evidence to believe that his vote was fixed or unduly influenced by anyone.

- The one commissioner who voted No, Dick Booth, praised the overall process and raised no questions about undue influence or unfairness. Booth is a smart guy, a committed environmentalist, and a close observer of goings-on at the APA.  I have no doubt that he would speak up if he smelled a rat.

- The permit drew support from the Adirondack Council, the Park’s biggest green group, which concluded that the project satisfied APA regulations and would not do undue harm to the environment.  We’re they in on the fix?  Not likely.

- Lani Ulrich, the new APA chair, told NCPR that she received no phone calls, had no conversations, and received no instructions from Cuomo Administration officials or anyone else while the process was underway.  Ulrich is widely respected, even by her critics, as a straight-shooter.

Obviously, it’s fair for critics to argue that APA staff and commissioners got this decision wrong.  We may see that question tested in court.

But an effort to fix the outcome unfairly would have required the collaboration of dozens of people over a period of years, all exposing themselves to significant legal peril.

As I report today, a far more plausible explanation for the environmental community’s defeat on Big Tupper is that they failed to organize effectively and failed to rally around a clear set of legal arguments against the project.

As always, your comments welcome.

Morning Read: Last minute Big Tupper permit changes spark anxiety

Jessica Collier has been laser beam focused on the Adirondack Club and Resort deliberations this week.  Check out here blog here.   She also picked up yesterday on the fact that last-minute changes to the proposed permits for the project sparked anxiety.

Those changes remove specific language that shapes the development into phases.  Instead, it breaks different aspects of the project into separate permits.

Collier’s article highlighted one of the key concerns that critics of the project have raised.

[APA commissioner Arthur] Lussi, a resort developer himself, said he’s worried that not having phasing requirements means 14 different contractors could buy each section of the project and start developing them; then if each fails, it would leave a lot of unused infrastructure on the property.

[APA attorney Sarah] Reynolds and APA counsel John Banta said that’s possible, but it may be more appropriate to leave that up to the Franklin County Industrial Development Agency, which would issue bonds for the projects in the four phases.

Despite these concerns, the APA is expected to vote to approve the project later today in Ray Brook.

Photo Diary: APA’s Big Tupper decision brings out all the players

Yesterday was the beginning of the end of the Adirondack Park Agency’s lengthy, involved review of the Big Tupper resort project.

All the players were on hand for the deliberations, chaired by Lani Ulrich.

Check out the images from yesterday.

Adirondack Council Brian Houseal broke ranks with other green groups, saying Big Tupper project should move forward

Richard Brummel from Long Island arguing that the resort should be stopped

Frank Mezzano pores through mountains of data

Developers Michael Foxman (left) and Tom Lawson (right) look on Wednesday

Morning Read: A tough sell for Big Tupper resort?

As the Adirondack Park Agency takes up deliberations this morning on the Adirondack Club and Resort project, the Adirondack Daily Enterprise is reporting that many regional real estate experts remain skeptical about the development.

Lake Placid-based real estate broker Margie Philo told the Enterprise she thinks there’s a viable second-home market in Saranac Lake and Lake Placid, but that’s not necessarily the case in Tupper Lake.

“Personally, I think they’re going to have a lot of trouble and it’s going to be very slow going at the prices I hear quoted, if that in fact is true, for second homes off of the water in a community that is quite quiet during really nine months of the year and doesn’t have the infrastructure – restaurants, venues and things people enjoy in Saranac Lake and Lake Placid,” Philo said.

“I think it will get better as the market improves, but I wouldn’t buy a ticket on that one.”

In my reporting, I’ve found that widespread skepticism remains — even among some pro-development folks — over the business model for the resort.

Morning Read: At crunch time, environmentalists divided on Big Tupper

On Friday, the Adirondack Park Agency will — after seven years of deliberations — give the yay or nay to the massive Adirondack Club and Resort project proposed for Tupper Lake.  (You can find the draft permit documents here.)

In these final days before the vote, the Park’s leading green advocates are on very different pages about the project, with Adirondack Council chief Brian Houseal calling the resort’s final design “a win for the environmental community.”

He was interviewed by Adirondack Explorer magazine’s Phil Brown:

Brian Houseal, executive director of the Adirondack Council, said he is happy with the changes required by the draft permit. “The developer has designed the project within the existing regulations,” he said.

Houseal said he is especially pleased that no further subdivision will be allowed on the land occupied by the so-called Great Camps. As a result, he said, the fragmentation of wildlife habitat will be limited.

“The changes imposed by the APA will probably avoid undue adverse environmental impact,” Houseal said. “Is that a win for the environmental community? Yes.”

But other green groups remain fiercely opposed to the project and this morning Adirondack Wild co-founders Dan Plumley and Dave Gibson scored a coup by placing an op-ed piece in the New York Times.

The Adirondack Club and Resort sets a glaringly low standard, and the A.P.A. should deny it. Only then might we see an alternative that actually makes sense for the park’s environment and marketplace and that concentrates redevelopment where it was intended — around Big Tupper Ski Area.

Will Governor Cuomo, like his father and Nelson Rockefeller, insist that the A.P.A. abide by its law? Or will he risk damaging a park beloved by millions and globally regarded as a model for sustaining people and wild nature?

Green groups have also been divided over the likelihood of a lawsuit if the project is approved.  The Adirondack Council has downplayed the idea, but other organizations have suggested that it remains an option if Big Tupper goes forward.