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July 25, 2009
APA legislation fails to garner Assembly support
Faith, service keep church going strong By Matt Bosley matt@denpubs.com
By Jonathan Alexander denpubs@denpubs.com ALBANY — Three bills proposed by the Adirondack Park Agency failed to garner support from state legislators and have not seen the floor of the State Assembly because no sponsor for the bills could be found, APA officials said this week. The lack of support leaves agency officials scrambling to rework the bills in time for the next legislative session. APA Board of Commissioners Chairman Curt Stiles blamed old biases for lack of support from Adirondack area legislators. “These bills have nothing to do with the environment,” Stiles said. “They were about the fabric of the park and how the agency does business.” The three bills included a measure that would increase the number of structures permitted in moderate- and low-intensity zones to allow the construction of affordable housing. This legislation would allow up to four structures to be built on a lot that would typically only support one, provided they share a common septic system. The lack of affordable housing in the Adirondacks has for decades been a primary agenda item for local government officials, who argue that low wages combined with soaring property costs are pricing yearround residents out of the housing market. The second bill would set up a fund meant to be used by Adirondack towns and villages for planning or zoning studies and the creation of comprehensive or master plans. According to APA legal counsel John Banta, the funds would be raised through surcharges attached to building permit applications. The third bill would change the way the agency does business, officials said. It would expand the amount of time the agency has to review a proposed project from 60 to 90 days and in some cases no longer require public hearings to be held, provisions that have concerned some Adirondack landowners. But APA officials stress that an applicant could still request a hearing. According to APA spokesman Keith McKeever, the third bill would streamline the permitting process and allow the agency to give every potential building project its due diligence. But for local Assemblywoman and ranking Republican on the Environmental Conservation Committee Teresa Sayward, the implication that public hearings could potentially be circumvented left her with no choice but to not sponsor the bills in their present form. “The bills weren’t in the shape we would have liked them to be,” Sayward said. “There
See APA, page 15
A 175th anniversary celebration at Willsboro Congregational Church July 18 gave visitors the chance to peruse historical records, photos, and other memorabilia dating back to the church’s establishment in 1834. Photo by Matt Bosley
WILLSBORO — One might say that the Willsboro Congregational Church has been built on a firm foundation. The church building, sustained by the self-sacrificing contributions of its members throughout the years, celebrated its 175th year in existence last weekend. Dozens gathered at the church July 18 to celebrate its history and longevity, enjoying a barbecue lunch and carefully displayed memorabilia from days past. Congregationalism in Willsboro dates back to the turn of the 17th century, but Rev. Marshall Shedd, who came from Acton, Mass. in 1831 to pastor the church for a salary of $600 and 15 cords of wood, is credited with organizing the establishment of the current church. “There are still people in
See CHURCH, page 13
Appeals court rules in favor of Lewis Family Farm By Matt Bosley matt@denpubs.com ESSEX — A New York State appeals court has upheld the decision that three houses built for farm workers on Lewis Family Farm are exempt from Adirondack Park Agency regulation. All five justices on the Third Appellate Division of the New York State Supreme Court ruled July 16 in support of a lower court that said the houses did not require permitting from the APA. The decision brings an apparent resolution to a legal battle that began in 2006 when Salim B. "Sandy" Lewis constructed three, two-story modular This story was first posted homes on his online at 3 p.m., July 17 on 1,100-acre organic farm. www.thevalleynews.org Lewis obtained building permits from the town of Essex, but did not seek an APA permit because he deemed the houses agricultural-use structures, which are not considered principal buildings and do not require APA permits. The APA disagreed, however, and issued
FIRST
ON THE NET
These three homes built on Lewis Family Farm in Essex were determined by the Adirondack Park Agency to be in violation of permitting requirements. A state appellate court recently upheld a ruling that they are exempt from APA jurisdiction, however. Photo by Matt Bosley
a cease-and-desist order. Construction on the houses continued until March 2008 when the agency's Enforcement Committee issued a determination that the houses were to be treated as single-family homes; the equivalent of three principal buildings. Lewis Family Farm was ordered to pay $50,000 and seek an APA permit as the homes were sited on resource management land. In November 2008, Acting Essex County Supreme Court Justice Richard B. Meyer
found in favor of Lewis Family Farm. State Attorney General Andrew Cuomo's Office, on behalf of the APA, appealed the decision. Both sides presented oral arguments to the appellate court in late May. Less than two months later, the court issued its unanimous decision, stating, "We further agree with the conclusion reached by the Supreme Court that the disputed housing units on the farm are ‘agricultural use structures’ within the meaning of the APA act."
See FARM, page 15
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