by David Gibson
The Adirondack Park Agency recently issued a permit for the Adirondack Club and Resort (ACR), the worst kind of development for any conservation area: 706 residential units, 332 buildings, 39 Great Camps, 15 miles of new roads, sewer, water and electrical lines spread all over 6,235 acres near Tupper Lake. There is no conservation easement anywhere on the property; the project is expected to take 15 years to complete.
The permit
The ACR permit establishes a dangerous precedent. Three-quarters of the project site lies within a resource management area— under the law, the park’s most protected private land zone. The legislative purpose of these zones is to “protect the delicate physical and biological resources and preserve the open spaces that are essential and basic to the unique character of the park.”
Yet, ACR’s permit allows many large second homes with major impacts on sensitive habitats and wildlife, and essentially replacing local hunters and foresters with private driveways and “No Trespassing” signs.
As a result of the APA’s actions, two million acres of private land classified resource management and rural use are now at risk from more sprawl development (lands not protected by a conservation easement).
The Agency ignored its own precedent between 1973-2007, which protected large contiguous tracts of forest while clustering housing development on only small portions near roadways, and basing permits upon wildlife and habitat assessments. Many alternative ways to concentrate housing around Mt. Morris were never investigated. Alternatives would be far less degrading of resources and require fewer sewer, water, fire, police services.
Conservation biologist Michael Klemens testified at the permit hearing that “the club and resort is classic sprawl on steroids. It spreads negative ecological impacts out across the landscape. It is a train wreck resulting from a process that does not allow for understanding natural systems in the first place.”
Unfortunately, his testimony and that of respected Adirondack ecologists Michale Glennon and Heidi Kretser (both of the Wildlife Conservation Society) were not given their deserved weight by Agency commissioners.
The APA permit is conditioned to prevent further subdivision, and requires monitoring of each residential area by so-called independent environmental monitors. It also requires after-the-fact studies of amphibian migratory pathways on parts of the property. Unfortunately, any modification resulting from those studies will only represent “best practices” and may do little to protect these sensitive habitats. The permit requires that infrastructure be bonded or built before housing construction. Whether the Big Tupper Ski Area will actually be rebuilt for public skiing remains a big question.
(Editor’s Note: The Sierra Club Adirondack Committee supported phase one of the developer’s original proposal to renovate the historic Big Tupper Ski Area on the outskirts of the Village of Tupper Lake, and to develop ski-in, ski-out condos adjacent to the ski area, as a means of helping to revitalize the economy of the village. Unfortunately, in later versions of its proposal, ACR relegated renovation of the ski area to some undetermined time in the future.)
The applicants still have a long way to go. Financing is unsecured, and the market for much of the real estate remains shaky. The developers seek private revenue bonds from the county Industrial Development Agency (IDA) for nearly $40 million for infrastructure. Those bonds will not be marketed until IDA holds hearings to determine if the payments in lieu of taxes scheme is legal. Five DEC storm and wastewater permits, as well as Dept of Health and Army Corps of Engineer permits must also be obtained.What now?
DEC has the authority to convene a separate hearing over the issuance of its water-related permits. Also, this project will not sell quickly. Experts said ACR is unmarketable and fails to take its competition into account, cannot be completed as projected, understates fiscal vulnerabilities to the community, and overstates employment benefits.
Take action today
The spotlight must now shift to Governor Cuomo, and public pressure on the APA. The governor made his support for the ACR permit very clear. He should know that citizens are not pleased and expect their Adirondack Park to be protected from exploiters who make exaggerated economic claims and who fail to conduct wildlife and other studies on the affected land. Let the governor know that:
• the APA failed in its duty to adhere to actual hearing testimony;
• failed to observe its own precedent;
• failed to stand up for its law and high standards for reviewing development;
•the governor should appoint strong environmental voices to the APA;
• the DEC should convene its own hearing to examine storm water and sewage problems with the development.
Write to Governor Andrew Cuomo via e-mail from his website: www.governor.ny.gov/contact, or via
street mail to Hon. Andrew Cuomo, Executive Chamber, State Capitol, Albany 12224, with a copy to Robert
Hallman, deputy secretary for energy and the environment; Robert Rosenthal, assistant counsel at the same Capitol address; and to Joe Martens, Commissioner, NYS DEC, 625 Broadway, Albany, NY 12223.
Write to the comment or letters section of your local or regional newspaper, radio or television station, or website.
David Gibson is a partner at Adirondack Wild: Friends of the Forest Preserve (www.adirondackwild.org); dgibson@adirondackwild.org