The Association for the Protection of the Adirondacks & Concerned Citizens of Tupper Lake

Concerned Citizens of Tupper Lake Join Association for the Protection of the Adirondacks in Opposing Town Rezoning

Group Calls Planned Resort Development (PRD) Proposal Irresponsible and favoring of Developer Michael Foxman

(Tupper Lake, NY) A recently organized group of Tupper Lake landowners and residents join with the Association for the Protection of the Adirondacks in opposing the Town Board’s proposed designation of a Planned Resort District (PRD) for some 6,356 acres in Tupper Lake. The Town Board’s action is scheduled for December 28, 2005 and is believed to largely benefit developer Michael Foxman’s proposed Adirondack Club and Resort project.

At meetings earlier in the month, the Tupper Lake planning board expressed concern over the standards and conditions of the proposed PRD district. A planning expert hired by the town reviewed the proposal critically, calling it too weighted in favor of the developer and against the town’s interests. It has since come to light in recent news articles and radio programs (NCPR) that the PRD rezoning proposal was in fact prepared by the Foxman’s Preserve Associates, Inc.

"The Town's proposed action is clearly detrimental to the town's own interest and only favors the developer. As it was written by Preserve Associates, of course they benefit singularly, to the town’s loss. If taken, this action would be completely irresponsible and we hope it will not be taken,” stated Phyllis Thompson, landowner on Lake Simond Road.

Other concerned landowners note that the proposed amendment would allow mixed uses in resource management lands, where now only open space, forestry, and recreations uses and very large acreage

residential lots are allowed. This would dramatically change the natural landscape surrounding Lake Simond and significantly reduce its attractiveness to all.

“The Association sides with many Tupper Lake residents including members of the planning board and the concerned citizens that are making appeals to the board today to oppose or postpone the town’s proposed PRD rezoning proposal until more information becomes available,” stated Dave Gibson, Association Executive Director. “Citizens who care about the future of Tupper Lake and the Adirondacks want to know how town zoning and planning will impact their future, including the future of important forest lands and watersheds which are at risk.”

The Association opposes the large, mega-resort scheme because the project would fragment the Park’s most valuable asset – large blocks of undeveloped, working forestland and the wild forest character of the Park’s private lands, largely zoned as Resource Management by the APA. Loss of hunting and fishing and forest management opportunities, wildlife habitat and changes in drainage patterns and water quality will result, says the Association.

The proposed Planned Resort Development (PRD) would speed the developer’s approvals’ process for building some 740 single-family dwellings, condominiums, multiple-dwelling units and great camps over thousands of acres of forest and hunting lands adjacent to the Big Tupper ski area complex now owned by Mr. Foxman’s Preserve Associates.

Resident and seasonal landowners fear the PRD is crafted too loosely to preserve the town’s scenic, natural character and is far too broad for the lands in question, including any sort of development from gas stations to commercial enterprises to resort developments.

“Its not surprising that Foxman’s Preserve Associates have sought to spoon feed the Town Board with their preferred zoning options,” stated Phyllis Thompson, “but it is surprising to see the Tupper Lake Town Board so willing to swallow what may not be in the best interests of our town.”

“As one of many concerned citizens, I join with more than twenty Tupper Lake landowners who appeal to the Town Board to urge them to vote down this dangerous rezoning proposal. There is a serious lack of public and environmental review and many flaws in the proposal.”

“Some members of the town’s own planning board, the town’s own consultant and these many concerned citizens are making clear their view that this zoning proposal should be defeated or postponed in the interests of a more comprehensive and open public process better securing the future of Tupper Lake,” stated Dan Plumley, director of Park Protection for the Association.

Key issues of joint concern include:

• Consultants hired by the town to analyze the proposed Adirondack Club and Resort, the Hudson Group, should be allowed to advise the town planning board before making the decision to rezone.
• The suggestion made by the Adirondack Club and Resort attorney at the Nov. 10 Town Board meeting that the APA has itself requested this change in zoning now was not confirmed by the APA and is, at best, a misunderstanding on the part of the developer.
• The PDR as proposed is much too broad in the uses it would accommodate. It allows (but is not limited to) every kind of commercial establishment conceivable, including gas stations, restaurants, sports venues, and shooting ranges to be anywhere and everywhere on the 6,356 acres.
• Conceding PRD zoning to the developers at this time also gives away any town prerogatives to impose meaningful standards and conditions, or to negotiate concessions over the project. It gives away the opportunity to improve the proposal and to assure ways to make the amenities (including trails and the ski facilities at Big Tupper itself) accessible to town residents , to address affordable housing and to make the proposal more acceptable to town residents.
• The PRD zoning increases the number of units which could be built on the 6,356 acres. While project representatives say that the Adirondack Club and Resort does not propose to build all these units, there is no guarantee that development would be limited.
• The PRD zoning opens the acreage to development by any other developers, while limiting town control of what is built and where it may be constructed, providing unfettered freedom to unknown developers.
• The Town Supervisor and the Town Board have a moral and legal obligation to follow the procedures in place by code, specifically to request review by the Town Planning Board. They have an ethical responsibility to allow the Planning Board to take the time it needs with its independent consultant to review the amendment proposal and to take appropriate action on it, including to revise it or to write their own proposed amendment, be that their decision, and then to report to the Town Board.

Residents and landowners of Tupper Lake who endorse this press release and who are making an appeal to stop the PRD rezoning proposal scheduled for December 28, 2005 are:

Phyllis B. Thompson
Adam DeGarmo
Cathy DeGarmo
Patrick M. Orton
Gloria Orton
Mary DeGarmo
Cynthia Boden
Joyce Hundley
Alex Haddad
John Haddad
Helen Abu-Shaheen
Richard G. Hubert
Patricia Hubert
Peter Curtiss
Pidge Curtiss
Scott Magrino
Debbie Inada
David Nimmons
Cynthia Nimmons
Lawrence K. Orton
Lawrence F. Orton
Melissa Haskell
Ray Haskell