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ENB - Region 5 Notices 3/2/2011

Public Notice

Notice of Public Hearing on Proposed Variance from Shoreline Restrictions

Variance No. 2009-153

Notice is hereby given that pursuant to §806 of the Adirondack Park Agency Act (Article 27 of the Executive Law) and 9 NYCRR Parts 572, 575 and 576, the Adirondack Park Agency (APA) will hold a public hearing regarding the application of the Town of Moriah for a variance from the shoreline restrictions of §806.

The public hearing will commence on Monday, March 14, 2011 at 11:00 a.m. at the Moriah Town Office, 38 Park Place, Port Henry, NY.

The variance site is located in the Town of Moriah, Essex County, at the Town of Moriah Campground, Village of Port Henry, on the shoreline of Lake Champlain in an area designated as Hamlet on the Adirondack Park Land Use and Development Plan Map. The tax map number of the property site is: Section 107.24 Block 3 Parcels 1 and 2 and Section 97.80 Block 2 Parcel 3.

The proposed variance consists of the installation of 3 revetment/groin structures approximately 4,800 square feet in size each, within the mean high water mark of Lake Champlain. The structures are proposed to resolve an ongoing shoreline erosion problem that has eroded the shoreline and beach area of the Town owned campground. In addition to installation of the structures, the Town proposes to re-nourish/replenish the beach and shoreline area with approximately 250 cubic yards of material on an annual basis.

The installation of the structures within the fifty foot shoreline structure setback area requires a variance pursuant to the structures setback requirements of §806 of the Adirondack Park Agency Act. The proposed structures require a variance because they are greater than 100 square feet in size.

Any person or public agency entitled to individual notice pursuant to 9 NYCRR §576.5(d)(2), and, at the discretion of the APA or its hearing officer, any other persons or public agencies, may participate. Hearings shall be informal and legislative in nature. Testimony, if any, will consist principally of statements. The applicants and their authorized representative will have an opportunity to describe the proposal and how it comports with the variance criteria set forth in 9 NYCRR Part 576. The APA or hearing officer will have authority to adopt such procedures as deemed necessary for the orderly conduct of the hearing, including the formal taking of testimony, sworn statements, cross examination of witnesses and reasonable limitations on testimony. The burden of demonstrating approvability under the variance criteria set forth in 9 NYCRR Part 576 rests with the applicants.

Any person may speak during the public comment period of this hearing, and may submit written comments until the close of the public comment period on March 14, 2011. All comment letters received to date, as well as newly received comments, will become part of the unsworn record and will be transmitted to the APA Members for their consideration prior to any determination on the variance request.

Pursuant to §301(2) of the State Administrative Procedure Act, interpreter services will be made available to the hearing impaired at no charge upon written request to the APA within a reasonable time prior to the hearing.

The application and supporting information are available for public inspection by contacting: Thomas E. Saehrig, the assigned Environmental Program Specialist, at Adirondack Park Agency, PO Box 99, Ray Brook, NY 12977, Phone (518) 891-4050. Additional information on APA variance procedures can be found on the APA's website: www.apa.state.ny.us under Regulations/ Adirondack Park Agency Rules and Regulations, Part 576 starting at page 49 of the Regulations.

Adirondack Park Agency Completed Applications

County: Essex

Applicant: Verizon Wireless Telecommunications Antenna Replacement-Crowne Plaza

Contact: Jared Lusk, Esq.
Nixon Peabody
1300 Clinton Square
Rochester, NY 14604

Adirondack Park Agency (APA)
P.O. Box 99, Route 86
Ray Brook, NY 12977
Phone: (518) 891-4050, ext. 207

APA Contact: Ariel Diggory

APA Project Number: 2010-0154

Project Title: Verizon Wireless Telecommunications Antenna Replacement-Crowne Plaza

Location: 1 Olympic Drive in Lake Placid, Town of North Elba, New York.

For Adirondack Park Agency: Comment Period Ends: March 16, 2011

Project Description: Removal of two existing omni-directional antennas currently mounted on the roof of the Lake Placid Crowne Plaza Hotel and Golf Club and their replacement with a twelve-panel antenna array concealed behind Radio Frequency (RF) transparent roof gables designed to blend with the building façade, similar to the gables approved in APA Permit 2005-52. Any exposed antennas, cables, and appurtenances will be painted to blend with the building façade.

The project also involves the installation of a 10 foot by 20 foot equipment shelter at the ground level within an 18 foot by 28 foot leased parcel and the installation of a 40 KW generator on a 4.5 foot by 9 foot concrete pad within a separate 6 foot by 12 foot leased parcel. Both the equipment shelter and generator will be behind (to the west of) the hotel building. Easements will provide for cable and utility connections between the antennas, equipment shelter, and generator.

The omni-antennas to be removed reach a height of 53 feet and 63.5 feet above the finished floor (AFF). The panel antennas to be installed reach a height of 48 feet AFF behind the roof gable. The four gables to be constructed will each reach a height of 48 feet AFF at their peak and will be built of radio-frequency transparent materials.

Negative Declaration

Essex County - The Town of Moriah, as lead agency, has determined that the proposed Water District #4 will not have a significant adverse environmental impact. The action involves the installation of 6 inch and 8 inch ductile iron transmission mains totaling 9,600 linear feet with 16 fire hydrants to service 27 homes and a total of 35 properties on Elk Inn Road, Forge Hollow Road, Stone Street and Switchback Road with an interconnection with existing water transmission main serving Water District #1. The infrastructure is new and will be constructed within the existing roadside right of ways including service laterals to all properties that are already serviced by a raw water system. The project is located along Elk Inn Road, Forge Hollow Road, Stone Street and Switchback Road in the Town of Moriah, New York.

Contact: Thomas R. Scozzafava, Town of Moriah, 38 Park Place, Port Henry, NY 12974, Phone: (518) 673-8631, E-mail: moriahsuper@nycap.rr.com.

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