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ENB - Region 5 Notices 7/11/2012

Public Notice

Notice of Public Hearing On Requested Variance from Adirondack Park Agency Act Shoreline Restrictions

Project Number 2012-58

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 Constance and Michael Cunningham for a variance from the shoreline restrictions in Executive Law §806.

The public hearing will commence on Thursday, July 26, 2012 at 10:00 a.m. at the Town of Schroon Town Hall, 15 Leland Avenue, Schroon Lake, NY 12870.

The variance site is located in the Town of Schroon, Essex County on a 2.3 ± acre parcel on both sides of Adirondack Road (a/k/a East Shore Road and Red Wing Road) in an area designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map. The tax map number of the property is: Section 157.3, Block 1, Parcel 25.

The variance request involves the lateral expansion of an existing single family dwelling (1,200 square feet in footprint) to add a 76 square foot master bathroom 22 feet from the mean high water mark of Schroon Lake. The request is for a 28 foot variance from the 50 foot shoreline setback from Schroon Lake.

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. The applicants 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 before the hearing and until the close of the hearing. All comment letters received by the close of the hearing 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 persons who are 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 the Environmental Program Specialist, Ariel Diggory Lynch, Adirondack Park Agency, PO Box 99, Ray Brook, NY 12977, Phone: (518) 891-4050. Any written comments submitted in advance of the hearing should be addressed to Ariel Diggory Lynch and reference the Project Number above. Additional information on APA variance procedures can be found on the APA's website: www.apa.ny.gov.

Contact: Ariel Diggory Lynch, Adirondack Park Agency, PO Box 99, Ray Brook, NY 12977, Phone: (518) 891-4050.


Adirondack Park Agency Completed Applications

County: Clinton

Applicant: Gary Miller II
P.O. Box 240
Ausable Forks, NY 12912

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

APA Contact: Susan Parker

APA Project Number: 2012-0064

Project Title: Gary Miller II

Location: Near Clintonville Road in the Town of Ausable, New York.

For Adirondack Park Agency: Comment Period Ends: July 18, 2012

Project Description: The action involves undertaking a commercial sand and gravel extraction on a 3.1 ± acre portion of a 118.9 ± acre property, extracting a maximum of 30,000 cubic yards annually, Monday through Saturday, May through October. An abandoned railroad bed will be used as the haul road for the project, and the extraction will be over 1,000 feet from Clintonville Road.


County: Hamilton

Applicant: Dennis and Linda Brooks

Contact for this Project: Katie Smith, Esq.
P.O. Box 156
Speculator, NY 12164

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

APA Contact: Tracy J. Darrah

APA Project Number: 2012-0095

Project Title: Dennis and Linda Brooks

Location: Elm Lake Road, Village of Speculator, Town of Lake Pleasant, New York.

For Adirondack Park Agency: Comment Period Ends: July 16, 2012

Project Description: The action involves a three lot residential subdivision involving wetlands. One lot contains a single family dwelling; the other two lots are vacant. One single family dwelling is proposed to be constructed on each of the vacant lots. All of the lots will be served by municipal water and sewer.


Negative Declaration

Essex, Franklin, Fulton and Hamilton Counties - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Herbicide Treatment of Phragmites australis (common reed) populations in the Moose River Plains Wild Forest, Sargent Ponds Wild Forest, Split Rock Mountain Wild Forest, Black River Wild Forest, Blue Mountain Wild Forest, Debar Mountain Wild Forest and Ferris Lake Wild Forest will not have a significant adverse environmental impact. The action involves the herbicide application to control Phragmites australis, (common reed), an exotic invasive plant in the Adirondack Forest Preserve. Twenty-four sites with a total area of approximately 4.38 acres ranging in size from .0057 to 2.72 acres will be treated. The control method selected is the application of a glyphosate-based herbicide in accordance with best management practices identified in the "Inter-Agency Guidelines for Implementing Best Management Practices for the Control of Terrestrial and Aquatic Invasive Species on Forest Preserve Lands in the Adirondack Park." It is possible additional sites will be added as necessary within the five year time frame for this project. Controlling Phragmites australis will help to eliminate this invasive plant before it spreads further within the Forest Preserve, threatening native species and creating a monotypic plant community in impacted areas. This can result in a decrease in native biodiversity and ecological quality of the invaded habitat as well as serving as source populations for future invasion. The project is located in the Black River Wild Forest, Town of Forestport; Blue Mountain Wild Forest, Town of Long Lake; Debar Mountain Wild Forest, Town of Brighton; Ferris Lake Wild Forest, Towns of Arietta and Caroga; Moose River Plains Wild Forest, Town of Long Lake; Sargent Ponds Wild Forest, Town of Arietta; Split Rock Mountain Wild Forest, Town of Westport in the Counties of Essex, Franklin, Fulton, Hamilton and Oneida, New York.

Contact: Peter Frank, NYS DEC - Division of Lands Forests, 625 Broadway, Albany, NY 12233, Phone: (518) 473-9518.


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