HOPE DWINDLING FOR
SUCCESSFUL MEDIATION OF DISPUTES
OVER TUPPER LAKE MEGA-RESORT PLAN
Developer Rebuffs Environmentalist's Efforts to Negotiate
a Simpler Permit Review
Adirondack Council Says: 'See You at the Formal Hearing'
For more information:
John F. Sheehan
518-432-1770 (ofc)
518-441-1340 (cell)
518-456-4512 (home)
Released: Wednesday, January 23, 2008
TUPPER LAKE, N.Y. - Unless the
Adirondack Council's open offer of mediation is accepted by the
developer, the Adirondack Council today said there was little
hope of avoiding a lengthy and costly formal public hearing on
the fate of the 700-unit, mega-resort development planned for
the slopes of the defunct Big Tupper Ski Center. Click here
to view a map of the proposed development. For more information
on the project, click here.
"Once again, months have rolled by in the review of this
project without any positive response from the developer toward
a full mediation," said Adirondack Council Executive Director
Brian L. Houseal. "There is a pre-hearing conference on
Friday.
The judge is expecting an update on what each side has done to
advance the idea of a mediated settlement of some or all of the
10 issues ordered to hearing by the Adirondack Park Agency. The
developer continues its effort to limit negotiations and establish
pre-conditions to mediation. Meanwhile, he has failed to secure
the other permits that are needed before the Adirondack Park
Agency can consider final subdivision approval.
"Given the collapse of the sub-prime loan market, speculative
second-home developments are at least as unattractive now as
they were during the shameful Savings & Loan scandals of
the 1980s," said Houseal. "Clearly, it's time to sit
down and negotiate the best solution for Tupper Lake to get its
ski slope back up and running."
The Adirondack Council is opposed to the current resort plan,
but supports redevelopment of Big Tupper ski area and the revitalization
of Tupper's downtown. Without the cooperation of the developer,
however, Houseal said no progress was possible.
"The developer has simply continued to nit-pick simple issues,
such as who should be allowed to participate in mediation,"
Houseal explained. "The more the better, as far as we are
concerned. The whole town has a stake in this. There are many
interests and we don't want to speak for everyone.
"For developers who told the judge a few months ago that
they were eager to negotiate a speedy settlement, they now seem
distant and uninterested. We want to make it clear that the Adirondack
Council isn't holding up this process. The developer has stalled.
Maybe it's the economy. You'll have to ask them. But it's not
us."
Houseal noted that the Adirondack Council (founded in 1975) had
never offered any developer the option of avoiding an open conflict
with the environmental organization by negotiating a mediated
settlement for a development permit. In all other cases, the
Council simply requested permission from the administrative judge
to become a party to the NYS Adirondack Park Agency's hearing
and acted as an adversary. Party status allowed the Council's
lawyers to bring expert witnesses and file formal testimony,
as well as cross-examine the developer's expert witnesses.
"Because this project is so huge, we wanted to give the
developer the opportunity to avoid a years-long formal, court-style
hearing on the entire 700 units sprawled across 6,000 acres,"
Houseal said. "We were willing to look at issues in the
mediation and determine where agreement could be reached. It
may be that some issues can be narrowed or taken off the table,
but that must await the mediation process.
"It appears that the developer would rather posture than
talk," Houseal said. "We are no closer to an environmentally
sound solution for Big Tupper than we were two years ago. Unless
he is serious about solving problems at the pre-hearing conference
on Friday, we'll see him at the formal hearing."
The Council has stated that the project, as currently proposed,
is too large for Tupper Lake and is likely to overwhelm its struggling
economy. It would cause severe water pollution in the streams
on Mt. Morris and the waters into which they drain. The Council
is also concerned about widespread wildlife habitat degradation,
the loss of open space and additional motorized traffic.
The Park Agency has identified 10 separate issues that must be
resolved - through a formal hearing or, if possible, via mediation
- before its commissioners will vote on a permit application.
The Adirondack Council is a privately funded, not-for-profit
organization whose mission is to ensure the ecological integrity
and wild character of the Adirondack Park. The Adirondack Park
is the largest park in the contiguous United States. The Adirondack
Council is the leading voice for Adirondack Park conservation.
The Council carries out its mission through research, education,
advocacy and legal action.
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