For Immediate Release: April 2, 2007
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY - Notice of Public Hearing for Adirondack Club and Resort - Public Comment session scheduled for April 18, 2007.
The adjudicatory hearing for the proposed Adirondack Club and Resort project will officially commence before Department of Environmental Conservation Administrative Law Judge Daniel P. O’Connell on Wednesday, April 18, 2007, in the auditorium of the Tupper Lake High School, located at 25 Chaney Avenue, Tupper Lake. The first component of the process is the legislative hearing, which is another opportunity for public statements from members of the public regarding the proposed project. The legislative hearing will start at 3 pm on April 18 and continue through 5 pm with an hour break before resuming at 6 pm. Any member of the public may speak at the legislative hearing or submit a written statement prior to or at the time of the legislative hearing.
Following the legislative hearing, a pre-hearing conference will take place to determine party status, discovery and any additional issues for the adjudicatory hearing. The pre-hearing conference scheduled for Thursday, April 26, at 10:00 am will be held at the Goff-Nelson Memorial Library. Administrative Law Judge Daniel P. O’Connell will preside. The library is located at 41 Lake Street in Tupper Lake. If necessary this conference will continue on Friday, April 27.
After the written determination of parties, issues and discovery by the Administrative Law Judge the formal adjudicatory hearing with testimony and exhibits will commence on a date and location to be determined. While the public can attend the hearing sessions, only named parties will be entitled to participate at the hearing and receive copies of further notices.
Attachment: Notice of Public Hearing.
NOTICE OF PUBLIC HEARING ADIRONDACK PARK AGENCY PROJECT NO. 2005-100 ADIRONDACK CLUB & RESORT
NOTICE IS HEREBY GIVEN that on Wednesday, April 18, 2007, at the Tupper Lake High School, the Adirondack Park Agency (Agency) will commence the public statement (legislative) portion of the public hearing on the application of Preserve Associates, LLC (Sponsor), and Big Tupper, LLC, Tupper Lake Boat Club, LLC, and Oval Wood Dish Liquidating Trust (Landowners) for an Agency permit for a mixed commercial and residential development on the sites of the former Big Tupper Ski Area, former McDonald’s Marina and the surrounding Oval Wood Dish lands in the Town of Tupper Lake, Franklin County. This April 18 session is for the purpose of receiving public statements on the project, and will be followed by a Pre-hearing Conference concerning party status, hearing issues and discovery on Thursday, April 26, at 10 a.m. at the Goff-Nelson Memorial Library, 41 Lake Street, Tupper Lake, to be continued on Friday, April 27, if necessary.
Legislative Hearing for Public Statements
The public hearing will officially commence before Department of Environmental Conservation Administrative Law Judge Daniel P. O’Connell on Wednesday, April 18, 2007, in the auditorium of the Tupper Lake High School, located at 25 Chaney Avenue, Tupper Lake, with legislative sessions for receiving public statements from 3 p.m. to 5 p.m., and resuming at 6 p.m. Any member of the public may speak at the legislative session or submit a written statement prior to or at the time of the hearing. The Administrative Law Judge reserves the right to limit the time for each speaker. Written statements are encouraged. Please note that all prior written comments and oral statements submitted on this application since April 19, 2005, are part of the record and do not necessarily have to be repeated. However, note that since the last public comment period there have been the following developments: first, the Agency February 15, 2007 “Notice of Intent to Proceed to Public Hearing & Project Order (“Order”) directing the project to a public hearing (and indicating the issues for the hearing, and issues excluded from the hearing), and second, the Sponsor’s letter dated March 29 stating new “mitigation measures” for the project (described further in this Notice). Both of these documents are available from the Agency and are also on the Agency’s website (www.apa.state.ny.us).
Project Description
On April 19, 2005, the Adirondack Park Agency received an application to undertake a Class A and B Regional Project, and known as the Adirondack Club and Resort, located in the Town of Tupper Lake (Town), Franklin County. The project site is approximately 6,236± acres of property and includes lands of the former Big Tupper Ski Area (445± acres), the surrounding Oval Wood Dish landholdings (5,740.5± acres), the Cranberry Pond landholding (49.5± acres) and the former McDonalds Marina (1± acre). Most of the site is located east of NYS Route 30, except for the marina and two other small parcels that are located west of Route 30. The site includes about 1,800± feet of frontage on Simond Pond and about 235± feet on Tupper Lake at the marina. The applicant proposes to develop a planned resort development with a ski center, marina, shooting school, 60-unit inn, single-family and multiple-family residential dwelling units, and 24 “great camp” lots. The project will be serviced by the Village of Tupper Lake (Village) municipal water system. An on-site private wastewater treatment plant at Cranberry Pond will handle the majority of the wastewater for the project except for flows from the Lake Simond Pond Subdivision which will enter the District 23 sewers and the Village treatment plant. The Village municipal electric system would provide power to the site and the roads servicing the site would become Town roads. Funding for the infrastructure (i.e., water, wastewater, electric and roads) is proposed to be financed by bonds issued by the Franklin County Industrial Development Agency. A payment-in-lieu of taxes (PILOT) arrangement with local taxing jurisdictions has been proposed. The applicant proposes to undertake the project in four phases over thirteen years, and details of the phases can be found in the Order. Agency Jurisdiction
The Agency has jurisdiction over the project as a Class A and B regional project, pursuant to §809 of the Adirondack Park Agency Act, because it involves, in the Moderate Intensity Use land use area:
1. a subdivision of more than 75 lots, parcels, sites or residential units, a Class A regional project pursuant to §810.1(b)(3) of the Act, 2. a commercial use involving 10,000 or more square feet of floor space, a Class A project pursuant to §810.1(b)(4) of the Act, 3. structures (base lodge and Inn) in excess of forty feet in height, a Class A project pursuant to §810.1(b)(5) of the Act, 4. a ski center, a Class A project pursuant to §810.1(b)(7) of the Act, 5. a sewage treatment plant, a Class A project pursuant to §810.1(b)(14) of the Act, 6. a major public utility use, a Class A project pursuant to §810.1(b)(15 of the Act, 7. a material increase or expansion of an existing land use or structure (base lodge) that is twenty-five percent or more of the original size of such existing use, a Class A project pursuant to §810.1(b)(17) of the Act, 8. multiple family dwellings, a Class B regional project pursuant to §810.2(a)(3) of the Act, 9. municipal roads, a Class B regional project pursuant to §810.2(a)(7) of the Act, 10. tourist accommodations, a Class B regional project pursuant to §810.2(a)(9) of the Act, 11. a marina, a Class B regional projects pursuant to §810.2(a)(10) of the Act, and 12. a or expansion of an existing land use or structure (base lodge) that is twenty-five percent or more of the original size of such existing use, a Class B project pursuant to §810.2(a)(20) of the Act;
and in the Resource Management land use area:
1. a subdivision of land and all land uses and development related thereto involving two or more lots, parcels or sites, a Class A regional project pursuant to §810.1(e)(3) of the Act, 2. a ski center and related tourist accommodations (multiple family dwellings and Inn), a Class A regional project pursuant to §810.1(e)(6) of the Act, 3. structures (base lodge) in excess of forty feet in height, a Class A regional project pursuant to §810.1(e)(8) of the Act, 4. a major public utility use, a Class A regional project pursuant to §810.1(e)(16) of the Act, 5. a material increase or expansion of an existing land use or structure (ski center and base lodge) that is twenty-five percent or more of the original size of such existing use, a Class A project pursuant to §810.1(e)(17) of the Act, 6. single family dwellings, a Class B regional project pursuant to §810.2(d)(1) of the Act, 7. municipal roads, a Class B regional project pursuant to §810.2(d)(7) of the Act, and 8. a boat launch site (Lake Simond canoe launch), a Class B regional project pursuant to §810.2(d)(6) of the Act
Portions of the project contain wetlands and require a permit for a regulated activity under the Freshwater Wetlands Act and 9 NYCRR §578.2. Portions of the project are rivers projects pursuant to the New York State Wild Scenic and Recreational Rivers Act and 9 NYCRR Part 577.
Issues for Adjudication
The Agency in the February 15 Order to proceed to a public hearing identified ten issues for the adjudicatory public hearing:
Issue #1. Is the natural resource protection (including visual, forest resource, habitat and other natural resource considerations) implicit in Resource Management land use area adequately protected [§805(3)(g)(2)]; are the proposed great camp lots “substantial acreage...on carefully and well designed sites?” Are there alternatives, and if so, what are the relative impacts on these resources?
Issue #2. What are the impacts of the Orvis Shooting School activities on the noise levels, existing and as proposed [Development Considerations §805(4)(a)(4), hereafter, DC #); are there alternatives or conditions which would address Shooting School impacts; are there any associated effects on water quality or traffic on Lake Simond Road [DC (a)(1)]?
Issue #3. What are the impacts of the proposed East Ridge, upper portions of the West Slopeside, and the Westface developments on the existing land topography, vegetation and soils [DC (a)(2),(c)(1), (e)]; will the development as proposed cause excessive stormwater run-off, erosion and slippage in these areas [DC (a)(2)]; what will be the visual impacts during the day and night of these proposed sections [DC (a)(7)]?
Issue #4. What impacts does the proposed on-site sewage treatment facility at Lake Simond have on neighboring water bodies [DC (a)(1)]?
Issue #5. [DC (d)(1)] What are the fiscal impacts of the project to the governmental units should any phase or section of the project not be completed as proposed; what is the public vulnerability should the project either fail or not proceed at its projected pace relating to on- and off-site infrastructure for which cost-sharing has been proposed between the developer and local governments (e.g. drinking water plant improvements, road maintenance) or on-site private infrastructure that may be subject to eventual operation by the Town; what is the ability to provide municipal and emergency services to any section in light of the road design or the elevation (e.g. East Ridge booster pump station)?
Issue #6. Section 805(4) requires the consideration of the burden on and benefits to the public. What are the positive and negative impacts of the project (including fiscal impacts) to the governmental units? What are the impacts of the project on the municipalities' electric system’s ability to meet future demand? To what extent will energy conservation mitigate demand impacts? What are the assumptions and guarantees that the Big Tupper ski area can be renovated and retained as a community resource; what are the current and expected market conditions relating to available housing for the project’s workforce; what are the impacts of the proposed project on the local housing market?
Issue #7. What are the impacts, alternatives and appropriate conditions on the use of Forest Preserve such as State facilities in Intensive Use areas [DC (c)(2)(a)]?
Issue #8. Are there alternatives to minimize interference with wetland values and functions including ground water infiltration, wildlife habitat, stormwater control and other values, and the need for mitigation in the areas of Cranberry Pond wetland complex, the marina, and the base lodge footprint?
Issue #9. Are there undue adverse downstream stormwater impacts associated with the base lodge subcatchment area; specifically, the water quantity components (i.e., overbank flood and extreme flood) included in the stormwater pond designs?
Issue #10. What are the appropriate mechanisms to coordinate and ensure project compliance with application commitments and permit conditions as the project is undertaken over time? [§809(13)(b)]
Issues to Be Excluded
In addition, the following are issues for which the Order stated that no testimony or evidence is necessary:
1. Compliance with the Adirondack Park Land Use and Development Plan (§805 of the APA Act) in certain land use areas
There are no issues of compliance of the project with the character description and the purposes, polices and objectives, compatible uses for Hamlet, Low Intensity Use and Moderate Intensity Use land use areas. [APA Act §805(3)(c), (d) and (e)]
2. Conformance with the overall intensity guidelines (OIG’s)
The proposed development complies with the overall intensity guidelines for a Moderate Intensity Use (MIU) land use area that allows a maximum of 500 principal buildings per square mile. However, a recalculation of the OIG’s in Resource Management (RM) may be necessary and a final permit, if any, conditioned accordingly. [APA Act §809(10)(c)]
3. Wetlands [DC (5)(e), (9 NYCRR 578.10)]
Other than the three wetland areas near the marina, the Cranberry Pond wetland complex and the ski area, all other wetland areas have been delineated and documented and satisfactory wetland compensatory mitigation sites are known and appropriate compensatory mitigation plans have been developed.
4. Natural heritage features and rare, threatened and endangered species [DC (a)(5)(c)]
The United States Fish and Wildlife Service and the New York State Department of Environmental Conservation confirmed, respectively, that no federal or state rare, threatened or endangered species have been identified on the project site. The NY Natural Heritage Program identified a deer wintering yard located on the proposed Type I lands located near Simond Pond and the Raquette River, but no building development is proposed on these lands proposed to be preserved and there would be no impacts to the deer wintering yard.
5. Visual analysis methodology and results [DC (a)(7)]
The visual analysis methodology and the selection of viewpoints were approved by Agency staff. Agency staff was present when many of the photographs used in the analysis and simulations were taken. The simulations are a fair representation of the proposed project.
6. Historic resources [DC (b)(1)])
A Phase I Literature Review and Archeology Assessment Study and a Phase I Archeology Field Reconnaissance were conducted. The New York State Office of Parks, Recreation and Historic Preservation issued a letter stating that the “project will have No Effect on cultural resources in or eligible for inclusion on the State and National Registers of Historic Places”. 7. Power capacity for Phase I [DC (d)(1)(a)]
At the present time, the Village of Tupper Lake has indicated that it has the capacity to provide electrical service for Phase 1 of the project.
8. Sign plan and conformance with Appendix Q-3 Agency Sign Standards
The preliminary sign plan conforms with Appendix Q-3. A final sign plan will be required by Agency permit condition based on approval of a final development plan.
9. Stormwater management/erosion and sediment control [DC (a)(1)]
Based upon the plans and reports submitted to date, stormwater and erosion and sediment control can be appropriately managed for the vast majority of the project site except for Issues #3 and #9 identified herein above.
10. Wastewater treatment [DC (a)(1), (c)(2)(b)]
The community wastewater treatment plant associated with Cranberry Pond has been evaluated by staff in coordination with the New York State Departments of Environmental Conservation and Health and, provided appropriate permits and approvals are obtained, will not have an undue adverse impact on the water resources nor present a public health hazard.
11. Traffic
Traffic impacts have been adequately addressed except for Issue #2. [DC (a)(2),(a)(3),(a)(4),(c)(2)(b)]
Notwithstanding the above, the Order stated that the hearing officer may in his sole discretion simplify, define, limit or resolve the scope of issues or add an issue if not expressly excluded and for which a party makes an offer of proof to ensure that the record covers substantive and significant issues relating to the findings or determinations required of the Agency under APA Act §805(4) and §809(9).
Recent “Mitigation Measures” Proposed by the Sponsor
Subsequent to the Order, in a letter dated March 29, 2007, the Sponsor offered “mitigation measures” to the project that may be responsive to public and Agency comments and concerns, and may assist in reducing issues at the hearing. These measures are:
-the entire East Ridge Subdivision (36 Single Family Dwellings in Resource Management) of ski-in/ski-out dwellings will be eliminated
-the second on-site wastewater treatment plant (for the 44 single family dwellings in the Simond Pond View subdivision) will be eliminated and the waste water will be disposed through Sewer District 23 (on Simond Pond Road, and for treatment at the Village of Tupper Lake Sewage Treatment Plant)
-elimination of the lots east of McCormick’s road (the Moody Pond Area) and possible donation of the land to the Natural History Museum of the Adirondacks (Wild Center) or placing the land in an open space conservation easement.
The Hearing Staff of the Agency view these recent “mitigation measures” as having a positive environmental impact although the technical details and fiscal impacts of connecting to Sewer District 23 need to be examined. Public comments at the legislative hearing on April 18, any written statements, and any Petition for Party Status for the April 26 Pre-hearing Conference should note these “mitigation measures” and address them if necessary.
Party Status and Pre-hearing Conference A Pre-hearing Conference to determine party status, discovery and any additional issues for the hearing will commence on Thursday, April 26, at 10:00 a.m. before Administrative Law Judge Daniel P. O’Connell at the Goff-Nelson Memorial Library, 41 Lake Street, Tupper Lake, and continued on Friday, April 27, if necessary.
After the written determination of parties, issues and discovery by the Administrative Law Judge the formal adjudicatory hearing with testimony and exhibits will commence on a date and location to be determined. While the public can attend the hearing sessions, only named parties will be entitled to participate at the hearing and receive copies of further notices.
Requirements for Participation in Pre-hearing Conference and Adjudicatory Hearing
Statutory parties are adjoining landowners, the Adirondack Park Local Government Review Board, the chairman of the county planning board, the chairman of the appropriate regional planning board, to the chief elected officer, clerk and planning board chairman of the local government, and the clerk of any government within 500 feet of the land involved. Statutory parties, and owners of land within 500 feet of the project site and any State agency, are parties of right, but should appear at the Pre-hearing Conference and/or submit a statement in writing that they formally wish to be named as a party, what issues concern them, and what evidence they propose to submit.
Any other person or organization seeking to become a party to the hearing (other than statutory parties and owners of land within 500 feet of the project site, who are parties of right) in order to present evidence, cross-examine witnesses or otherwise participate in the issues conference and adjudicatory hearing must file a petition with the Administrative Law Judge, with a copy to the Agency and the applicant, pursuant to §580.7 of the Agency=s regulations (9 NYCRR §580.7). The petition should:
(1) if submitted by an organization, state the nature and purpose of the organization, number of members, organizational structure, history of formation and legal nature, and include a copy of any charter, certificate of incorporation, bylaws, constitution or the like;
(2) demonstrate capacity to participate in administrative proceedings and to supply information or expertise relative to matters likely to be considered at the hearing;
(3) state whether the petitioner has participated in any previous legal or administrative proceedings similar to those conducted by the agency;
(4) state the petitioner’s relationship to the matters involved, the nature of the evidence or argument he intends to present, and any other matter petitioner believes relevant to granting the petition;
(5) demonstrate that the petitioner has a material social, economic or environmental interest which is likely to be affected by the agency decision concerning the project.
Petitions should specifically address the criteria for an agency permit in §809(10) and the development considerations of §805(4) of the Act, and also note any discovery requests (documents, written interrogatories, depositions) pursuant to §580.14(a)(4) of the Agency regulations. Petitions seeking party status must be received by 5 p.m., Monday, April 23, by all three of the following:
Administrative Law Judge Daniel P. O’Connell, NYS Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway Albany, New York 12233 1550; Mitchell Goroski, Esq., Adirondack Park Agency, P.O. Box 99, Ray Brook, New York 12977; Thomas A. Ulasewicz, Esq., Ulasewicz, Melewski & Greenwood, LLP, 112 Spring Street, Suite 307, Saratoga Springs, New York 12866.
Interpreter Services
Interpreter services will be made available to deaf persons at no charge, pursuant to Section 301 of the State Administrative Procedures Act, upon reasonable notice to the Agency. Contact George V. Outcalt at P.O. Box 99, Ray Brook, New York 12977, or phone 518-891-4050.
Project File Availability
The project file is available for public inspection and copying pursuant to Agency regulations implementing the Freedom of Information Act (9 NYCRR Part 587) during normal business hours (weekdays, 8:30 a.m. to 5 p.m.) at the Agency's offices, New York State Route 86, Ray Brook, New York. For such access contact Brian Ford at P.O. Box 99, Ray Brook, New York 12977, or phone 518-891-4050. Also available are copies of Agency regulation Part 580 (9 NYCRR Part 580) on “Hearing Procedures” and the plain language pamphlet “Adjudicatory Hearings Pursuant to Section 809 of the Adirondack Park Agency Act.” The February 15 Order of the Agency (indicating the issues for the hearing, and issues excluded from the hearing), and, second, the Sponsor’s March 30 letter concerning “mitigation measures” for the project are both available on the Agency’s website (www.apa.state.ny.us), which also contains copies of the Adirondack Park Agency Act and the Agency Regulations. The application will also soon be placed for public review at the Goff-Nelson Memorial Library, 41 Lake Street, Tupper Lake.
This notice is given pursuant to Agency regulations, §§572.14 and 580.4 of Title 9 of the New York Compilation of Codes, Rules and Regulations (9 NYCRR).
Dated: April 2, 2007
______________________________ Mitchell Goroski Senior Attorney Adirondack Park Agency P.O. Box 99 Ray Brook, NY 12977 (518) 891-4050