ENB - REGION 5 NOTICES

Completed Applications
Consolidated SPDES Renewals

Public Hearing

ADIRONDACK PARK AGENCY
PROJECT NO. 2001-243
NEXTEL CELL TOWER ON PILOT KNOB ROAD

NOTICE IS HEREBY GIVEN that on Thursday, July 8, 2004, the Adirondack Park Agency (Agency) will commence a public hearing on the application of Nextel Partners, Inc. (Nextel), Independent Wireless One (IWO), and G. Randall & Cindy Hajeck (Landowners) for a permit for a 114 foot telecommunications tower (designed to replicate a white pine tree) on Pilot Knob Road in the Town of Fort Ann, Washington County.

Legislative Hearing

The public hearing will commence on Thursday, July 8, at the Pilot Knob Volunteer Fire Company Hall, located at 1750 Pilot Knob Road in the Town of Fort Ann, with legislative sessions for receiving public statements from 1:00 p.m. to 3 p.m., and from 5 p.m. to 7:00 p.m. Any member of the public may speak at the legislative session 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.

Project Description

The revised project involves the construction of a 114–foot tall telecommunications tower and related infrastructure on a 100–foot x 100–foot leased parcel. The tower is proposed to be a simulated tree tower. It will be located about 800 feet east of Pilot Knob Road at an elevation of 362 feet mean sea level The project also involves the construction of an access road and the installation of underground utility lines.

This notice is given pursuant to Agency regulations, 572.14 and 580.4(a) of Title 9 of the New York Compilation of Codes, Rules and Regulations (9 NYCRR). The project is in a Resource Management land use area, involves a major public utility use (communications tower), a new structure over 40 ft. in height, a subdivision, and road construction adjacent to and/or in wetlands, all Class A regional projects pursuant to 810(1)(e)(1)(b), 810(1)(e)(3), 810(1)(e)(8) and 810(1)(e)(16) of the Adirondack Park Agency Act (Executive Law Article 27), and a regulated activity pursuant to 9 NYCRR 578.3(n)(1)(i)and (n)(2)(i) & (ii).

The access road will begin at the southwest corner of the property and extend northeast adjacent to the property line within a proposed 30–foot wide easement. The road will be 1,128 feet long and divided into two sections (i.e., a permanent road and parking area of 200 feet, and an additional road of 928 feet only for construction purposes). The 30–foot easement will run along the eastern boundary of the property adjacent to State land. The new access road will have a 10–foot wide driving surface with 3 to 5 feet wide shoulders. A drainage swale will be located on one side of the road and the other side will be graded to match existing contours. The road will have a compacted sub–base of varying depth with a layer of filter fabric and a 6–inch crushed gravel surface. Communication and electric utilities will be installed underground in the shoulder of the proposed access road. The first 200 feet of the road will be gated and permanently maintained with a turn–around/parking area at the end of the permanent section of the road. The remainder of the road (928 feet) will not be maintained after construction, and allowed to revegetate to the current condition of a trail.

The 100–foot x 100–foot leased parcel will be located at the end of the access road. The applicant proposes to create an L-shaped 1,505 square foot compound within the leased parcel. The compound will be surrounded by a six-foot high stockade fence made of cedar and pressure treated wood painted or left to weather and match the natural surroundings. The fence will have a 12–foot wide gate. The equipment shelters in the compound will be covered in wood panels (typically pine), which may be painted brown or left to weather and match the natural surroundings. Within the compound there will be a utility backboard, a 10–foot x 20–foot equipment building for Nextel, a 9–foot x 12–foot equipment cabinet for IWO painted to match the Nextel building and the proposed 114–foot high tower (i.e., a simulated white pine tree). An electric transformer will be located just outside the fenced compound.

The proposed tower will be constructed of steel, covered with simulated bark and have brown branches with green needles (simulating a white pine tree) beginning about 45 feet above grade. The tower will have a concrete foundation seven feet in diameter and 30 feet deep. The applicants propose two sets of flush mounted, three panel antenna arrays on the 114 foot tower, one centered at a height of 112 feet and the other centered at a height of 107 feet on the tower. Wires will run down the inside of the pole and extend to the equipment building on an “ice bridge.“ Vegetative clearing and grading will be limited to that necessary within the leased parcel to accommodate the proposed development. The applicant also proposes to plant additional vegetation, both inside and outside the compound, to help screen the infrastructure within the compound.

Pre–hearing Conference

A pre–hearing conference to determine party status and issues for the adjudicatory phase of the hearing will be held at the Fire Hall on Wednesday, July 14, at 10:00 a.m. It is anticipated that, after the determination of parties and issues by the Administrative Law Judge, that the formal adjudicatory hearing with testimony and exhibits will commence in August 2004 on a date to be determined. Department of Environmental Conservation Administrative Law Judge Helene G. Goldberger has been assigned as the Hearing Officer for this project.

Potential Issues

The potential major issues at the adjudicatory public hearing are expected to be the alternatives to the proposed tower (both on and off–site), compliance with the Agency‘s “Policy on Telecommunication Towers and other Tall Structures,“ and the potential impacts to adjoining landowners and uses (e.g., public hiking trails and Lake George).

Requirements for Participation in Pre–hearing Conference and Adjudicatory Hearing

Any person or organization seeking to become a party to the hearing (other than statutory parties and owners of land within 500 feet of the project site, who are parties of right) in order to present evidence, cross–examine witnesses or otherwise participate in the issues conference and adjudicatory hearing must file a petition with the Administrative Law Judge, with a copy to the Agency and Nextel, pursuant to §580.7 of the Agencys regulations (9 NYCRR §580.7). The petition should, among other items, state the petitioner‘s relationship to the matters involved, the nature of the evidence or argument he or she intends to present, and any other matter the petitioner believes relevant to granting the petition. Petitions seeking party status must be received by 5 p.m., Monday July 12, 2004 and must be served on the following: Administrative Law Judge Helene G. Goldberger, NYS Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway Albany, New York 12233-1550, Facsimile (518) 402-9037; Mitchell Goroski, Esq., Adirondack Park Agency, P.O. Box 99, Route 86, Ray Brook, New York 12977, Facsimile (518) 891-3938; Jacqueline Phillips Murray, Esq., Crane, Greene & Parente, 90 State Street, Albany New York 12207, Facsimile (518) 432-0086.

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.

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 at the Agency's offices, New York State Route 86, Ray Brook, New York. For further information, contact George V. Outcalt or Mitchell Goroski at P.O. Box 99, Ray Brook, New York 12977, or phone 518-891-4050.


Adirondack Park Agency Completed Applications

Applicant: New York State Department of Transportation, Region 1
Richard Ambuske, Acting LA/ES Manager
328 State Street
Schenectady, NY 12305-2302

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

Contact: Thomas Saehrig

Application No.: 2004–82

Project Title: New York State Department of Transportation, Region 1

Location: County Route 22, (Mill Hill and Glens Roads) and NYS Route 9N in the Town of Jay, New York.

Comment Period Ends: July 15, 2004

Project Description: The project includes the construction of a new bridge, involving wetlands, spanning the East Branch of the AuSable River (a designated Recreational River) and the realignment of County Route 22 (Mill Hill and Glen Roads) between State Route 9N and the area of Howard Heights Subdivision. Approximately 0.741 acres of wetlands will be impacted by the project. A mitigation plan has been proposed using a replacement ratio of 1:5 to 1 to create 1.095 acres of new wetlands for mitigation for the wetland impacts. The project also includes construction of new sections of Town and County roads. Private property will be acquired through the Eminent Domain Procedure Law for the project as shown on the Acquisition plans for the project. NYS DOT has requested approval of three waste disposal sites as part of this project. The waste disposal sites are located at the Town of Jay Highway Department property, the Benjamin Straight gravel pit and the Town of Jay Harkness gravel pit. The new bridge will replace a temporary bridge opened on July 3, 1997. The temporary bridge replaced the historic Jay Covered Bridge under a Declaration of Emergency dated May 14, 1997. The temporary bridge will be dismantled and removed and the Historic Jay Covered Bridge (though not part of this project) will be re-installed at its original location. The covered bridge will accommodate pedestrian traffic and the new bridge will accommodate vehicular and pedestrian traffic. The project is also being reviewed by New York State Department of Environmental Conservation and the US Army Corps of Engineers. The Federal and NYS DOT Environmental Impact Statement process for this project commenced in 1996 and the decision and findings were completed in 2002.


Applicant: Chuck Sisum
26 Northville Road
Edinburg, NY 12134

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

Contact: Thomas Saehrig

Application No.: 2004–67

Project Title: Chuck Sisum

Location: New York State Route 30, Town of Mayfield, Fulton County

Comment Period Ends: July 15, 2004

Project Description: Construction of one new 28 ft. by x 40 ft. modular home sales office for the sale of modular homes. There will also be three display modular homes on the site and six parking spaces for customers. The office will be served by an individual on–site water supply and wastewater treatment systems. Access will be from NYS Route 30. Operating hours will be 8 a.m. – 5 p.m daily.


Negative Declaration

Washington County – The Hudson Village Board of Trustees, as lead agency, has determined that the proposed Village of Hudson Falls Comprehensive Plan will not have a significant adverse environmental impact. The action involves the adoption of the Village of Hudson Falls Comprehensive Plan. The project is located village wide.

Contact: Ellen Brayman, 220 Main Street, Hudson Falls, NY 12839, phone: (518) 747–5426, fax: (518) 747–5597.


Positive Declaration

Warren County – The Planning Board of the Town of Queensbury, as lead agency, has determined that the proposed William Taft Two Lot Residential Subdivisioin 11–2003 may have a significant adverse impact on the environmental and a Draft Environmental Impact Statement must be prepared. The action involves a subdivision of 4.26 acre lot into 2.2 and 2 acres. The proposed subdivision includes the proposed construction of two single family homes, wells and on site wastewater disposal systems. The project is located off Queensburgh Avenue in the Town of Queensbury, NY.

Contact: Craig MacEwan, Planning Board, 742 Bay Road, Queensbury, NY 12804, phone: (518) 761–8220.