By KIM SMITH DEDAM
RAY BROOK -- The Adirondack Park Agency further defined Thursday its controversial new regulations pertaining to shoreline construction, which take effect Dec. 31.
Camps built within zoning setbacks -- from 50 to 100 feet of the water, depending on the area's land-use classification -- must now all seek variances for major construction.
At their monthly meeting Thursday, APA commissioners set guidance measures for the transition period, specifying precisely what criteria fit application of the "old" rule and where the "new" rule begins.
Until now, camps built before the APA Act went into effect in 1973 did not need an APA variance for "improvements."
The "grandfather" clause encompassed every kind of construction, from converting a 500-square-foot camp into a 10,000-square-foot mansion to adding a 40-square-foot porch.
PUBLIC CONCERNS
Adirondack shorefront property owners with expansion either planned or under way have wondered how the new rule will impact them, their property value or any future improvements to their sites.
The APA has fielded many phone calls from concerned residents since the rule was approved last month.
APA spokesman Keith McKeever said the phones have "been busy."
But he did not indicate the volume was extraordinary.
"We get calls every day about jurisdiction."
Commissioners were careful to clarify that the 18 towns with existing APA-approved zoning in place will find "no disruption" to any shoreline construction.
MINOR EXPANSION
The committee then discussed what defines "minor expansion" on shoreline properties.
It's when the expansion:
Is completely outside the shoreline setback. A variance is still required for any non-conforming wastewater treatment system.
Is built only to the back or toward the "non-shoreline" part of the property.
Does not exceed a total 250 square feet.
Does not raise roof ridge lines more than two feet.
Increases in floor space from increased roof height counts toward the 250-square-foot maximum expansion.
Increases in occupancy, such as adding a bedroom, meaning onsite wastewater treatment systems must comply with zoning setbacks and sanitary codes. Landowners will be required to provide a design report from a licensed engineer.
The final sentence defining "minor" expansion says: "All minor expansions require issuance of jurisdictional variance."
NO FORMAL CHALLENGE
The shoreline regulation has raised concern among county lawyers, who are questioning economic and property-value impact.
A coalition of Adirondack county attorneys claim the added jurisdiction is beyond the scope of what APA commissioners can do and is the purview of the State Legislature.
McKeever said that, as of Thursday, the APA has received no formal request from the counties to reconsider the rule.
The counties also claim the regulation goes too far in trying to control what people can and can't do with waterfront camps owned since before the APA existed.
John MacDonald, representing the Adirondack Park Local Government Review Board at Thursday's meeting, asked APA to put rulemaking on the back burner while economic times are tough.
"There's concern among all the counties in the park about this."
Bill Farber, president of the Adirondack Association of Towns and Villages, said his organization has not become party to any legal action.
Without data showing exactly how many properties still hold pre-1973 exemptions in the park or how many expansion projects are in motion, impacts are going to be difficult to measure, he said.
"I think it's that kind of problem. How do you evaluate what the impact will be when nobody has anything but anecdotal information about the numbers of structures?"
kdedam@pressrepublican.com
