Monthly Archives: April 2011

Talkin’ Code with Andrew Getty

Tree removal: Good stewardship at heart of all timber laws

A few years ago—October 9th, 2007, to be exact—the Town of Webb adopted a rather comprehensive amendment to the Local Zoning Ordinance.

The procedures of review for a Conditional Use Permit were revised.

A Conditional Use is a particular use or activity that is almost approvable with just the Code Officer’s approval.

That means the activity is not prohibited, but is worthy of due Public Notice and review and approval of the Planning Board.

In the 2007 revision, a number of issues were identified as outdated and then re-written.

There were also a number of issues that were included for the first time; things like:

• Adult Entertainment Establishments;

• Convenience store with gasoline sales;

• Home Occupations;

• RV vehicle parking and use on vacant lots;

• Telecommunication Facilities;

• Tree Preservation and Land-scaping;

• Wind Power Generating Facilities.

A number of definitions were added or amended, as well.

All of these are typical “hot-topics” in most municipalities, not only in the Adirondack Park, but around the state.

But there is one that may stand out as being substantial, especially for the Adirondacks.

That is Tree Preservation.

Trees are one of our two most valued natural resources, the other being our water.

Certainly the harvesting of trees has been a substantial industry in the Adirondacks for well over one hundred years.

Many stories have been derived from the logging camps and practices of years gone by.

Today’s logging industry is heavily regulated because of poor harvesting practices of years ago.

Hopefully the lessons learned from those years past will better ensure the integrity of our forests of the future.

Back to the Zoning Ordinance amendment that included Tree Preservation…

Why did the Town of Webb feel it was needed to draft local legislation to regulate tree cutting?

Unfortunately, just like so many other rules and regulations, there have been a number of events that prompted action.

These events include the harvesting of trees, clear cutting parcels of land without any plan in place to re-plant, provide erosion control, redevelop, prevent sediment from getting into waterways or any other kind of mitigation whatsoever.

This type of activity strikes at the heart of good stewardship of our natural resources.

There have been certain activities involving clear cutting of shoreline properties, mountain top lands, large acreage parcels or just the small half acre lots.

Each of these has different potential impacts on the environment and may have direct impacts on adjoining seasonal or more densely populated residential areas.

Here is a portion of the language of the new Tree Preservation regulation:

REGULATED AREA:

0–1 acre…….50%

1–3 acres…..20%

Over 3 acres….Planning Board approval required with the following exceptions:

1. Trees may be cleared within twenty (20) feet of any principal structure, and within five (5) feet of any accessory structure.

2. Trees may be cleared within five (5) feet of any roadway, driveway, or path to the main structure.

—

The whole intent of this is to prevent removal of trees, especially clear cutting of any land, allow uncontrolled logging that may impact surrounding properties, neighborhoods, lakes, rivers, the environment or the community in general.

It is not intended to prevent the lawful, regulated, reviewed and approved logging practices currently in operation in wild forest areas.

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Spring Officially Arrives: ARO opens rafting season on Moose River

Eight wetsuit-clad adventurers loaded into one of Adirondack River Outfitter’s iconic green buses in the Enchanted Forest/Water Safari parking lot early Friday, April 8 to embark on the rafting company’s first whitewater trip of the season.

The rafters, all friends and co-workers from the Cazenovia area, were headed for a day on the Moose River under the direction of ARO guides Alex Atchie and Erika Bodurant.

Mike Warren, unofficial spokesperson for the group, said he and his friends have enjoyed rafting with ARO for the past 20 years.

Upon their return to Old Forge, a roast beef dinner awaited them at the Water’s Edge Inn.

According to ARO owner Gary Staab, last weekend’s sunny and warm temperatures made for an exciting and active first-weekend of rafting on the Moose and Hudson Rivers.

Celebrating its 31st season, ARO will be hosting its annual Locals Day trip on Tuesday, April 26.

Staab said he has scheduled a Locals Day Replay trip for Tuesday, May 3 for anyone not able to fit the April adventure into their schedule.

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SEWARD: Property Tax Cap, mandate relief needed now Senator again urges reluctant lawmakers to give real savings to property taxpayers, schools and local governments

State lawmakers and business representatives met in Albany on Tuesday to urge the assembly to act on a meaningful property tax cap bill.

Among them was local Senator James Seward, who has been a vocal supporter of property tax relief that would result from cuts in state mandatated costs to local counties.

Skyrocketing property taxes are crushing home and business owners in New York state, according to Seward.

In response, Governor Cuomo has joined with tax-cap proponents in Albany.

“The senate has already done its work, passing Governor Cuomo’s property tax cap legislation—now it’s time for the assembly to get with the program and join us,” said Senator Seward.

Seward co-sponsored a bill that passed the Senate on January 31 of this year.

The legislation would limit tax levy growth for school districts and local governments to two percent or 120 percent of the annual increase in the consumer price index, whichever is less.

Along with this property tax cap, the senate also adopted a mandate relief provision that would force the state to fund any new requirements imposed on local governments or school districts.

Seward said the measure would help local schools and governments keep their costs in check.

“[It would] provide greater flexibility and allow officials to concentrate on local concerns not state mandates,” Seward said.

The property tax cap has tremendous support among taxpayers and major business organizations, according Seward, who cited The Business Council of New York State (BCNYS) as an example.

“Enactment of the property tax cap will send a strong signal to business that New York is ready to grow and create private sector jobs,” said Heather Briccetti, Acting President and CEO of BCNYS.

Brian Sampson, Executive Director of Unshackle Upstate said the upstate population has plunged in 17 counties over the past decade.

“With a business tax climate that ranks worst in the country and local taxes that are 79 percent higher than the national average, it’s no wonder,” he said.

Both Sampson and Heather Briccetti are calling on Democrats in the assembly to allow the tax cap bill to pass.

“The governor and senate have demonstrated their leadership on the issue. The members of the assembly majority must follow and provide…property tax relief—the need is critical and it’s time to deliver,” Sampson said.

Then the process can begin to tackle unfunded mandates that ultimately drive up property taxes, he added.

“Further delay on this vital measure is simply unacceptable,” he said.

But the public needs to speak up, according to Senator Seward.

“Additional public pressure is needed to send a loud and clear message to the assembly that the time is now to pass the tax cap,” he said.

Seward is asking for supporters to add their names to an online petition he has been compiling.

It can be found at www.senatorjimseward.com or on facebook at www.facebook.com/senatorjimseward.

Taxpayers can also access it at www.PassTheTaxCap.com.

“Albany is starting to function once again. An on-time state budget that cuts spending, holds the line on taxes and offers substantial job-creating incentives is already complete,” Seward said.

The property tax cap will give families some breathing room and businesses room to grow, he said.

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Helmet bill advances: Senator Little looks to protect young skiers

Legislation to improve skiing safety was advanced by the Senate Judi-ciary Commit-tee on Tuesday.

The bill is being sponsored by Senator Betty Little.

It would require skiers and snowboarders under fourteen years of age to wear a protective helmet when skiing at New York ski areas.

The Ski Areas of New York, Inc. supports the measure, according to Little.

“This is modeled after the bicycle helmet law,” said Little. “Skiing is a relatively safe sport made safer by the use of a helmet.”

Little said more people have been wearing helmets each year.

She said they recognize that a traumatic brain injury is life altering.

“Requiring kids to wear a helmet is a reasonable and smart approach,” she said.

Little said ski areas would post signs at their information boards and on site locations where lift tickets are sold notifying guests of the law.

Lift tickets would also include language about the law and ski areas would need to maintain a reasonable inventory of helmets for sale or rent.

A civil penalty not to exceed $50 would be waived by showing proof between the date of the violation and court appearance date that a helmet has been purchased.

The parent or guardian of the child not wearing a helmet would be issued the summons by local law enforcement.

But there are some significant differences between the ski helmet law and the bike law from which it is modeled. These differences are mainly on the law enforcement side.

Bikes are generally ridden on public roadways that are routinely patrolled by law officers. It is unlikely that local police departments would commit officers to ski mountains to monitor for helmet violations.

In many cases this would require young skiers to carry identification with proof of age.

So from the law enforcement end, if any tickets were to be issued for a helmet violation, they would likely be issued after the fact—after an accident or disturbance call that required a police investigation possibly.

Still, Senator Little said the law would codify safe behavior for young people, and make it easier for ski areas and parents to require that skiers under age fourteen wear helmets.

“This would give mom and dad some added authority by being able to say to their children that it’s the law, you can’t hit the slopes without your helmet,” Little said.

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Webb board passes resolution to extend KOA water district

The Town of Webb Town Board held a public hearing on Tuesday, April 12 to consider a resolution to extend the Town of Webb Water District No. 1, also known as “KOA Water District,” which is located just north of the Old Forge hamlet and comprises the Old Forge Camping Resort.

The district was established in conjunction with the development of the original KOA Kampground in 1972.

The public hearing was opened at 7 p.m., and closed after all in attendance had the opportunity to ask questions and speak for or against the resolution.

During the Town Board’s regular meeting which convened immediately after the hearing, the board voted to approve the resolution with a unanimous vote by those attending—Councilmen J.B. Herron and Mike Ross, and Supervisor Robert Moore.

Board members Kate Russell and Richard Risley had been unable to attend the meeting.

The board effectively determined that all legal requirements of the resolution had been met.

Also that all property and property owners within the proposed district would be benefitted by the resolution, and that all that benefitted were included within the limits of the proposed district.

And it determined that the action taken in extending the district was in the public’s interest.

The resolution, having been approved by the board, is now subject to a permissive referendum, according to Town Attorney Richard Frye.

The expansion issue came about when Old Forge Camping Resort was working with state agencies on a development project, according to Frye.

It was during that process that a clear error was discovered, which had the water district boundary drawn incorrectly, he said.

The action to extend the water district is less an “extension” than a “redrawing” of the district to make it reflect the way it always should have been, according to Frye.

Effectively a mistake had been made early on and not recognized until years later, he said.

Land acquired by John Hanford when he bought the KOA in 1973, had not been included in the water district maps and description as it should have been, according to Frye.

During the public hearing former Supervisor George Hilte-brant, who is familiar with the KOA district, asked the town board for details about the Camping Resort’s water usage and payment arrangement.

Attorney Frye confirmed that the campground pays according to actual water usage and not the property’s assessed value.

Supervisor Robert Moore explained that the purpose of the resolution is to make the legal paperwork reflect what had been taking place in actual practice in the water district for years, and what had previously been assumed to be the situation.

In essence, certain land, that had been part of the KOA property since 1973, and had been intended to be part of the water district, had been excluded by oversight.

“The purpose of the proposed extension is to incorporate all lands currently served by the district into the legal description of said district,” Moore said.

And this involves no cost to the town or others in the water district, he added.

“All costs associated with this proposed district extension are the responsibility of Old Forge Campgrounds, LLC,” he said.

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Charlie Hanford’s science interest led him to pharmacology

Charlie Hanford, 18, has attended the Town of Webb School since kin-der-garten, and said he is looking forward to a change of scenery after graduation.

He said he sometimes considers the opportunities that students at larger schools have afforded to them.

“You miss out on a lot here. I’m at the point now where I’ve taken all the science courses I can possibly take,” he said.

After graduation Charlie said he plans to attend Wilkes University School of Pharmacy in Wilkes-Barre, Pennsylvania.

He became interested in becoming a pharmacist while exploring careers in the science fields, he said.

At one time he considered becoming a doctor, but changed his mind.

“Being a pharmacist is like being an intermediary,” he said. “You can live where you want. It pays well. It’s not hard to find a job and it’s in the science field.”

Since September Charlie has been an intern at Kinney Pharmacy one day a week to help prepare for his chosen career.

The internship was arranged by the Educational Studies Career Opportunities program at school (ESCO).

He also works part time at the Strand Theatre and at the Main Street Station.

His favorite subject at school is Biology. He also enjoys ceramics and creating clay works in Art class.

In the past he has been unable to participate in the ceramics class, because of conflicts with his schedule.

“But I stopped Band this year so I could take ceramics. I never had much free time to take it before,” he said, explaining that he had played French Horn in the school band since fifth grade.

Charlie said he lives close to school, which has worked out well for him.

“It’s good for sleeping in. I get up after everybody has already left for school,” he said with wry humor.

In his spare time he likes to read Sci/Fi and Fantasy books, and he participates in the Book Club at school when it’s active.

He also likes to listen to rock and popular music.

He is Vice Presi-dent of Key Club and Treasurer of both the National Honor Society and the Travel Club.

His outdoor activities include kayaking and hiking when it’s warm enough. Charlie said he’s not a big fan of winter. He intends to eventually settle where the climate is warmer, he said.

Charlie is the son of Chuck and Lisa Hanford and has a sister, Chelsea, who graduated from the Town of Webb School in 2007.

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Kiwanis presents fundraising awards for Annual Winter Sports Challenge

At its monthly dinner meeting on Tuesday, March 22 the Kiwanis Club of the Central Adirondacks presented awards to the winning teams and individuals of the organization’s 11th Annual Winter Sports Challenge that was held at McCauley Mountain on Saturday, February 5.

The No. 1 Fundraising Team was the Town of Webb School Key Club. Courtney Holt and Damon Kull accepted the Traveling Plaque and a Perma-nent Certificate on behalf of the club.

The No. 2 Fundraising Team was the Arts Center/Old Forge with Barbara Getty present to receive a Permanent Certificate on its behalf.

The No. 1 Fundraising Indivi-dual was Bob Dellavia who received a Permanent Certificate and $50; and the No. 1 Student Fundraiser was Andrea Frey who received a Permanent Certificate and $100.

The proceeds of the event, estimated at over $8,500, will be used to fund the continuing operations of The Kommunity Youth and Activity Center (KYAC) in Old Forge.

Anyone who was out of town when the event took place but would like to make a contribution can forward it to: Kiwanis Club of the Central Adirondacks, P.O. Box 1044, Old Forge NY 13420.

The Kiwanis Club recognizes the following Corporate Gold Sponsors:

Deerfield Acquisitions LLC, Old Forge Fire Department, ACE Hardware, Adirondack Bank, Benny’s Ice Cream, Community Bank, Dr. Joseph Rintrona, Enchanted Forest/ Water Safari, Herron Realty, Dr.’s Michael & Karen Brady, North Woods Inn.

Old Forge Hardware, Old Forge Liquors/Walt’s Diner, Rivet Realty, Steet Ponte Auto, The Connertys, The Old Mill Restau-rant, Burke’s Marina, Glasser Plumbing and Northeastern Loggers’ Association.

The Silver Sponsors were: B. J. Queen Enterprises, Big Moose Inn, Big Moose Station/Main St. Station, Billy’s Italian Restaurant, Christy’s Motel, Countryside Veterinary Clinic LLP, Dimbleby Funeral Home.

Forge Motel, George Villiere Esq., Helmer’s Fuel & Trucking, In Memory of Mike Burke, Knotty Pine Restaurant, Mark Hannah Contracting, Moore & Hart CPA.

North Street Snowmobile Parts, Peter Shannon Esq./Thor Information Service, Inc., Still-water Shop, Symeon’s Restau-rant, The Ransoms, The Tavern, The Van Slykes, Then-dara Auto-motive, Thendara Golf Club, Timm Associates, TOW Bar Inn, United Wire Technology.

The cooperation of Town of Webb Supervisor Robert Moore, Steve Uzdavinis and his staff at McCauley Mountain is greatly appreciated.

Special thanks to Central Adirondack Search and Rescue Team (CASART) for their assistance on the mountain and Karl Dodson of KD Graphics who provided the participant T-shirts.

In addition, in-kind sponsors were Nannette Shovea-Burke of Mountainman Outdoor Supply Co. and their vendor Sarah Trachy, representing MSR Snowshoes.

The Donut Shop and The Last Run Café are recognized for their support in the success of this important community event.

MSR Snowshoes, Tubbs Snowshoes, The Stillwater Shop and Mountainman Outdoor Supply, Hard Times Café, and Ozzie’s Coffee Bar contributed door prizes.

Co-Chairs Bill Ransom and Bob Teesdale expressed their sincere thanks to all participants, sponsors and volunteers that make this such an exciting community event.

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