For Immediate Release: March 6, 2009
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY – The Franklin County Supreme Court affirmed an Adirondack Park Agency (APA) Enforcement Committee Determination regarding a shoreline setback violation on Rainbow Lake in the Town of Franklin, Franklin County.
In a Decision and Order dated February 25, 2009, Supreme Court Justice David Demarest dismissed a petition filed by Robert and Patricia Harrington to annul the APA’s June 2008 Enforcement Committee determination.
APA Chairman Curtis F. Stiles said, “The Agency is pleased with Justice Demarest’s decision. Unreasonable development in close proximity to water bodies threatens water quality, damages critical wildlife habitat and diminishes the scenic appeal of shoreline properties. We would like to thank the Attorney General’s Office for their assistance in this matter.”
At issue in this determination was the construction of a structure in excess of 100 square feet within the 75-foot shoreline setback area on land classified under the APA Act as Low Intensity Use. A rock wall which measures approximately 100 feet in width and 12 feet in height was built within 35 feet of the mean high water mark on Rainbow Lake. The APA Act requires that all structures (excluding docks and boathouses) greater than 100 square feet in size on land classified as Low Intensity to be set back at least 75 feet from the mean high water mark.
The Harringtons argued that the rock wall constituted landscaping and was exempt from this requirement. However, the Enforcement Committee determined in June 2008 that the rock wall was a structure and therefore in violation of the APA Act.
The Supreme Court decision upheld the Enforcement Committee’s determination, which requires the Harringtons to:
• Pay a $15,000 civil penalty; and
• Remove, bury, or otherwise bring the rock wall into compliance.
Among the most valuable resources in the Park is the land along its thousands of streams, rivers, ponds and lakes. The laws the Agency administers provide protection to water quality and the scenic appeal of Adirondack shorelines by establishing setbacks, lot widths and cutting restrictions. Setbacks are measured horizontally from the point of the shoreline at its high water mark. If you are considering a development proposal, Agency staff will help you determine the high water mark.
The New York State Adirondack Park Agency was created in 1971 by the State Legislature to develop long-range land use plans for both public and private lands within the boundary of the Adirondack Park. With its headquarters located in Ray Brook, the Agency also operates two Visitor Interpretive Centers, in Newcomb and Paul Smiths. For more information, call the APA at (518) 891-4050 or visit www.apa.state.ny.us.