PUD/PDD for developing 6,000 acres in tupper lake -- all in Mr. Foxman's favor? where is the protection for Tupper Lake?

The definitions of PDD (Planned Developtment District) which is often called PUD:

Planned Unit Development (PUD) - A zoning designation for property developed at the same or slightly greater overall density than conventional development, sometimes with improvements clustered between open, common areas. Uses may be residential, commercial or industrial. The common property is owned and maintained by a homeowners' association for the benefit and use of the individual PUD unit owners.


I have to make some comments about proceedings. One comment is about the PDD (Planned Development District) the Tupper Lake is putting out. I heard that these plans actually protect the land as they provide a stricter zoning code -- but this comes from the folks that want to do the economic development. I am not clear on if they are better for the environment. The towns generally think a PDD is better for their own planning.

So, why is a PDD to be valid for 48 months? According to what I am reading from other towns, the PDD is up for annual review. If the developer has not made any progress, the PDD can be taken back -- rescinded. I see no mention of this in the paper. I have not gone to the meetings and do not know if this has been talked about.

48 months is a long time. I could buy and sell alot of properties in 48 months if I had a few million like Foxman. This is a long investment for Tupper Lake to make. I am not certain why they would want to commit to this deal for 4 years. If the ski lift does not open in two years, do you want to continue to offer Foxman this deal? Shouldn't you review this in mind of when Mt. Morris is reopened? Or do you want him to be allowed to build all his homes first?


Also, I have not read anymore about some of the very good comments made by Mr. Jack Delahanty: (quoted from http://www.wnbz.com/April%202006/042006.htm)

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Local attorney Jack Delehanty also spoke during the hearing, praising Storrin and the planning board for their efforts in creating the planned development district.

He also praised the draft amendment, but offered a suggestion. One section of the proposal requires a potential developer to state what their district would offer to the town, village, and community at large.

Delehanty said that portion might be too vague and susceptible to legal interpretation. He recommended the developer be required to give information on what the district would offer the community in terms of open space preservation, public trails and amenities, and affordable housing.

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Good comments -- but I see no open space promises from Foxman. He says he is discussing this with the Open Space folks. No legal language to protect Tupper Lake -- just discussion.

And there does not seem to be any legal language on opening the ski lift?

I do not see any of this reported? Is there anything binding Mr. Foxman to opening the ski lift?

Hello Tupper Lakers! Isn't the ski lift of utmost importance?




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http://www.adirondackdailyenterprise.com/news/articles.asp?articleID=3664
Resort deal reached

By JACOB RESNECK, Enterprise Staff Writer


TUPPER LAKE — Following the advice of its consultants, the Tupper Lake Planning Board voted unanimously Thursday to recommend rezoning — with conditions — about 6,400 acres of land for the proposed Adirondack Club and Resort.

The Hudson Group, consultants retained by the town of Tupper Lake, initially advised against rezoning. But at Thursday’s meeting, held at in the town offices, Ron Miller of the Hudson Group told the planning board that his team had met Wednesday with the developers’ consultants and had drawn up a list of conditions both sides could agree on. If added as conditions to the rezoning, Miller said, he could recommend that the town rezone the nine parcels into a single Planned Development District.

The planning board agreed and added the following recommendations:

¯Rezoning the property is now contingent to the granting of a permit by the state Adirondack Park Agency.

¯The developers will rework the fiscal impact analysis information of the project’s effects on the Tupper Lake community.

¯The developers will provide updated information regarding a proposed private wastewater treatment facility.

Lead developer Michael Foxman said he was very pleased with the planning board’s recommendation and is eager to move forward.

“If we’re going to open a ski area for the ’07-’08 season — we’ve already missed out on the ’06-’07 season — we’re going to need the approvals to get the work done,” Foxman told reporters.

Planning board Chairman Jim Larkin said it is important people understand that rezoning the land doesn’t mean the town has completely signed off on the project; a full review before the planning board and town board will still need to be completed.

“It comes back to the planning board (as a formal application), and (then) we’ll go through all of the nuts and bolts of the project,” Larkin said.

After the meeting, Miller told the Enterprise that he agrees with that assessment.

“In my view, the rezoning doesn’t change the oversight of the town board,” he said.

In the planning board’s recommendation, which will now go to the town board for a pubic hearing, it stated that the developer will have 48 months to begin the project or else the parcels will revert to their original zoning.

The project also needs APA approval. Park agency officials in Ray Brook say they are waiting for an updated filing by the developer after rejecting the past two applications as “incomplete.” Foxman said Thursday that an updated filing is weeks away.

The proposed resort would include reopening the Big Tupper Ski Area, closed since 1999, and constructing hundreds of second homes around Mount Morris and on adjacent OWD Trust forestland. The project is widely supported for boosting the local economy, though critics have complained of its scale and potential negative impacts.

Sometimes described by town officials as a “moving target,” the proposal has gone through several significant changes. Until this week, Foxman had sought to finance infrastructure upgrades through town bonds that would be paid back by residents of his development. That’s now off the table, Foxman said.

“We do not plan to have any municipal financing whatsoever,” Foxman told the Enterprise.

Earlier this week, Foxman also announced that he’s negotiating with the nonprofit Open Space Institute over the future of acreage on the northeast side of the project along the Raquette River and Moody Pond area. Foxman offered no details at the meeting, noting that nothing of substance had been agreed.

“It’s just a discussion at this point,” Foxman said.

Several representatives of environmental groups attended the meeting. Adirondack Council Executive Director Brian Houseal said he was pleased with recent developments.

“What happened today was good,” Houseal told the Enterprise. He said it’s significant that the planning board has recommended that rezoning be tied to the APA’s review of the project, ensuring that environmental impacts will be thoroughly studied.

Houseal also said he’s pleased to hear that the developers are negotiating over preserving more open space.

“Now that Preserve Associates are negotiating with OSI,” Houseal said, “it’s a positive step towards protecting the backcountry.”

Tupper Lake Supervisor Roger Amell, who was present along with the full town board, said his board will set a public hearing over whether to adopt the rezoning at Monday’s regular board meeting.

“It’s going to take time,” Amell said of the regulatory process, “we’re not going to rush it.”