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Adirondack Club & Resort Legislative Hearing, March 9, 2011

March 9, 2011

PROJECT NO. 2005-100


NOTICE IS HEREBY GIVEN that on Wednesday, March 16, 2011, at the L.P. Quinn Elementary School in Tupper Lake, New York, the Adirondack Park Agency (Agency) will hold an additional legislative public hearing to receive statements on the application of Preserve Associates, LLC (Sponsor), and Big Tupper, LLC, Tupper Lake Boat Club, LLC, and Oval Wood Dish Liquidating Trust (Landowners) for an Agency permit for a mixed commercial and residential development on the sites of the former Big Tupper Ski Area, former McDonald's Marina and the surrounding Oval Wood Dish lands in the Town of Tupper Lake, Franklin County.

This March 16 session is not the resumption of the adjudicatory (sworn testimony) portion of the public hearing, currently scheduled for March 22, but is only for the purpose of receiving unsworn written or oral public statements on the revised project prior to resumption of the adjudicatory hearing.

Legislative Hearing for Public Statements

This legislative portion of the public hearing will officially commence before Department of Environmental Conservation Administrative Law Judge Daniel P. O'Connell on Wednesday, March 16, 2011, from 3:30 p.m. to 6 p.m., and resuming at 7 p.m. It is anticipated that the LA Group, on behalf of the applicant, will describe the modified project proposal. There will be a video recording of the session, which will be part of the unsworn record of the project. Any member of the public may speak at the legislative hearing or submit a written statement prior to or at the time of the hearing. The Administrative Law Judge reserves the right to limit the time for each speaker.

Written statements are encouraged. Please note that all prior written comments and oral statements submitted on this application since April 19, 2005, are part of the record and do not necessarily have to be repeated. However, note that since the last public comment period and legislative hearing, almost four years ago (April 18, 2007), the project has been modified before and after a mediation process, and a revised application was submitted to the Agency in June 2010. In addition, a pre-hearing conference in October, 2010, resulted in further definition of the hearing issues including two additional issues.

This additional legislative public hearing is not mandatory since a legislative hearing was held in April 2007 when the project was ordered to an adjudicatory public hearing. However, the Agency believes it is advisable to schedule this additional legislative hearing for two reasons. First, it has been four years since the original legislative hearing based on the original application; the original application has been modified; and original statements and positions may need to be modified. Second, according to Agency policy, "public comment will not be accepted at Agency meetings in connection with proceedings for which an adjudicatory public hearing has been convened. Those members of the public who wish to comment with regard to such proceedings should seek to have their comments incorporated into the official record of the proceeding." Consequently, once a project has been ordered to an adjudicatory public hearing, oral or written statements from nonparties to the hearing cannot formally be accepted unless they are submitted through a procedure such as this legislative hearing. This additional legislative hearing thus provides that opportunity for nonparties to submit updated and new expressions of opinion on the project.

Project Description

The project site is approximately 6,235± acres of property and includes lands of the former Big Tupper Ski Area, the surrounding Oval Wood Dish landholdings, and the former McDonalds Marina. Most of the site is located east of NYS Route 30, except for the marina and two other small parcels that are located west of Route 30. The site includes about 1,800± feet of frontage on Simond Pond and about 235± feet on Tupper Lake at the marina. The applicant proposes to develop a planned resort development with a ski center, marina, 60-unit inn, 719 single-family and multiple-family residential dwelling units (including 39 "great camp" lots).

The project will be serviced by the Village of Tupper Lake (Village) municipal water system. An on-site private wastewater treatment plant at Cranberry Pond will handle the majority of the wastewater for the project except for flows from the Lake Simond Pond Subdivision which will enter the Sewer District 23 sewers and the Village treatment plant. But most of the Great Camp lots may have onsite water and septic systems. The Village municipal electric system would provide power to the site and the roads servicing the site would become Town roads. Funding for the infrastructure (i.e., water, wastewater, electric and roads) is proposed to be financed by bonds issued by the Franklin County Industrial Development Agency. A payment-in-lieu of taxes (PILOT) arrangement with local taxing jurisdictions has been proposed. The applicant proposes to undertake the project in four phases over fifteen years.

Modified Issues List for Adjudication

The Agency in the February 15 2007 Order to proceed to a public hearing identified ten issues for the adjudicatory public hearing and excluded other issues. The applicant's mitigation measures, the mediation process, and the ALJ Issue Ruling (November 16, 2010) modified some of the issues and added two issues (visual impacts and location of principal buildings). For the specific details on the hearing issues see the ALJ Issue Ruling (November 16, 2010), especially Appendix B (Adirondack Club and Resort Summary of Issues for Adjudication). A copy of the November 16, 2010 ruling has been posted on the DEC web site at

Interpreter Services

Interpreter services will be made available to deaf persons at no charge, pursuant to Section 301 of the State Administrative Procedures Act, upon reasonable notice to the Agency, but no later than March 14. Please contact Colleen Parker at P.O. Box 99, Ray Brook, New York 12977, or phone 518-891-4050.

Project File Availability

The project file is available for public inspection and copying pursuant to Agency regulations implementing the Freedom of Information Act (9 NYCRR Part 587) during normal business hours (weekdays, 8:30 a.m. to 5 p.m.) at the Agency's offices, New York State Route 86, Ray Brook, New York. For such access contact Brian Ford at P.O. Box 99, Ray Brook, New York 12977, or phone 518-891-4050.

Dated: March 3, 2011

Mitchell Goroski
Senior Attorney
Adirondack Park Agency
P.O. Box 99
Ray Brook, NY 12977
(518) 891-4050

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