Towns sue over APA shoreline rules
By ZACH SUBAR, The Leader-HeraldLawyers have begun to file papers in a class-action lawsuit brought by eight Adirondack counties and numerous municipalities against the Adirondack Park Agency, disputing new shoreline setback regulations.
Adirondack Park Local Government Review Board Executive Director Fred Monroe said last week the office of Attorney General Andrew Cuomo recently requested an extension to respond to papers entered by Glens Falls-based lawyer Dennis Phillips in the lawsuit.
Fulton County and Hamilton County are among the plaintiffs, as are the towns of Caroga, Broadalbin and Northampton, among others. Phillips will file papers in response to those filed by the attorney general's office.
Supervisors of towns in the Adirondack Park, who vehemently opposed the regulations when they were announced in November, have continued to say the new regulations could have a devastating effect on property values in the park.
"It has already had an effect on people, because if you talk to some of the contractors that build homes, they'll tell you they lost business," Wells Supervisor Brian Towers said last week.
The regulations limit shoreline development near any body of water within the APA's jurisdiction, modifying a regulation that had been in place since 1973 that allowed properties built before then to be expanded away from the water without restriction.
How far away one can build from the water depends on shoreline setback regulations, which vary from area to area. Generally, they would apply to buildings within 50 to 100 feet of the water.
They new regulations state "an existing structure within the shoreline setback area may not be expanded in any direction within the shoreline setback area, including an increase of structure height, without a variance."
Northville contractor Thomas Groff of Ginter & Groff said the economic climate has made this winter difficult, and the new laws are not helping.
"I'm kind of sick of the regulations," Groff said. "They don't want anything to happen, and then they can't understand why they don't have any tax base, because all they do is regulate, regulate, regulate."
Zach Subar covers rural Fulton County news. He can be reached at ruralnews@leaderherald.com
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NYSNancyNugent
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06-02-09 2:31 PM
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I'll fax my entire comment to the Leader Herald.....and post it on facebook. Just ask and you will be a facebook friend. Nancy Nugent, Esq. Northville NY Fulton County
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NYSNancyNugent
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06-02-09 2:29 PM
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The article is about the lawsuit filed over the NYS Adirondack Park Agency (APA) regs that came out a while back, which impact development and building expansion within certain setbacks from shoreline. The regs reverberate throughout the Adirondack Park - both direct lakeside and whole-county economies as a whole, which citizens and their municipalities in opposition have so reasonably pointed out. The recent April 24 NYS Department of Environmental Conservation (DEC) letter recommending that the NYS Hudson River Black River Regulating District (HRBRRD) fatally mutate the Great Sacandaga Lake's 75 year Permit System, as so knee-jerk revised on the same day by the HRBRRD, then radically approved by the HRBRRD Board 12 business days later on May 12, further erodes public confidence in the short-term and long range vision of those deciding on New York State policies in this glorious Adirondack Park region and its environs. Intelligent thoughtful reasoning is a foundational requisi
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Scarecrow57
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06-02-09 9:12 AM
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The APA is a redundant organization that should be abolished. Secondly. If we want this man mad e reservoir to be forever wild than fill the spillway with concrete and stop regulating the lake level. These environuts want it both ways. They are a bunch of selfish SOBs who have over lived their useful existence.
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Discobulous
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06-02-09 9:09 AM
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You can still sun bathe on a pitched roof. It's just a little more difficult. Who are these anonymous APA dudes anyway? Come out and show yourselves.
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Jamespaul
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06-02-09 6:03 AM
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APA Boathouse regulations will also effect shoreline property owners on Adirondack lakes. The APA wants to require the roofs of all boathouses to have a slope of 4" in 12". This is to eliminate the flat roofs that are also used as sun-decks. It's not known why APA objects to the dual use.
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Discobulous
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06-01-09 10:20 PM
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Like I said, we've got other lakes, nice, quiet little ones. The big lake has become too much of a battleground and stress source. If I was looking (insanely) for more NYS property I'd head for any of a half dozen other likes like Pine, Pleasant, etc. Who needs it?
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tedsunday
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06-01-09 9:12 PM
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Lapdog when did you build your camp? Or was it old money, you fell into.
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laker88
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06-01-09 9:10 PM
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lapdog....with many large parcels in the park in the resource managment zone(45 acres to subdivide), I hardly think it will resemble Newark, NJ. This is another example of a state bureaucracy trying to justify their existence. As deerhunter said, there are plenty of regs in place. APA, DEC, HRBRRD---no wonder this state is losing population...
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Deerhunter
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06-01-09 8:57 PM
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lapdog, If Roosevelt had the insight to have a park with no permanant residence, he should have kicked the people out then, not wait until 200,000 or more live and make their living here. The Adirondack park is the most regulated area on the east coast, do we really need more rules?
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lapdog
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06-01-09 8:26 PM
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Quit your whining, the APA is doing a fine job. You whine about the Reservoir and the land that at no time did you ever own. Now you whine about some building regulations in the Adirondack State Park, yes I said STATE Park. If left up to you in fifty years the whole Park will look like Newark New Jersey, and then of coarse you will friggin' whine about that!
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tipsyturtle
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06-01-09 6:50 PM
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They should go further than just sue them. The APA should be abolished all together. We did better around here prior to the establishment of the APA. Think of the millions NYS would've had if they didn't pay for all the salaried idiots making up all these idiotic rules. The localities are capable of running their own areas without them telling them how it should be. Have you ever dealt personally with the APA? They thrive on forms and other stall tactics to make themselves look superior. Our areas were once battlegrounds & it looks like it might just need to become one again to fight for the rights of the people.
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tedsunday
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06-01-09 6:11 PM
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It's time for the villages and towns to sue the APA in Federal Court. Based on the Voters rights Act, they are a zoning agency not controlled by the people they zone. There for Adirondackers are disenfranchised. Easy to win but you must get out of state courts.
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Deerhunter
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06-01-09 5:31 PM
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It would be interesting to know how many of the people creating the rules actually live near the Sacandaga lake. People must understand that by upgrading an existing summer home or building new, contractors have to adhear to strict building codes. Most of the time the septic system has to be engineered and upgraded and all building practices has to be done by NYS code. It's a win win situation for the builders, the Towns and the economy. The system isn't broken, don't fix it.
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Preacher
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06-01-09 3:51 PM
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I think the APA is doing a great job.
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mpm227
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06-01-09 2:56 PM
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The answer is simple if the state wants more access to the lake for people buy (pay current market value) for buildable lake sites with shore frontage. Buy it and run it as beaches. Don't wreck the economy of the region buy plundering the rights owners have emjoyed for 75 years.
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ipaymyway
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06-01-09 2:03 PM
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they really have to be careful who they push out. the jerseyites and the city people wont have anyone to cook and build for them. its tuff enough living in the small towns in the off seasons.
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mpm227
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06-01-09 12:00 PM
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Again between the state payment of taxes, setback rules and now the sacandaga permit rule changes I think the APA and Dec are trying to depopulate the park. Park population statistics are such that thier is a excellent chance the population will be less then half of curren levels in 30-40 years. I guess they want to create a park with no people. The problem with idiots creating law is they create idiotic laws.
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native
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06-01-09 11:07 AM
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As an electrical inspector for the Sacandaga Lake area for over 22 years this is the worst construction and real estate season I have ever seen. Economic down turns have never affected this area before, the demised therefore is unquestionably pointed directly at the The Hudson River Black River Regulating District and DEC. Congratulations Governor Patterson, no wonder your popularity is down to 17%, the buck stops with you!
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