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| 8/25/2009 12:27:00 AM | Email this article • Print this article |
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| Heather Nellis / Recorder staff
The Sacandaga Protection Committee’s town hall-style meeting at Northville Central School Monday filled the auditorium to capacity. Approximately 515 people were in attendance. |
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Packed house
Sacandaga Protection Committee meeting fills school auditorium
Heather Nellis
Recorder News Staff
NORTHVILLE - The land around the Great Sacandaga Lake is not forest preserve.
That's according to Hodgson Russ, LLC, a legal firm hired by the Sacandaga Protection Committee.
At the committee's meeting at Northville Central School Monday, co-Chairman Joe Sullivan announced that the law firm has determined "the land around the lake is not forest preserve as suggested by DEC," as the notion does "not reflect historical or present day realities."
The firm was hired to determine whether or not the state Department of Environmental Conservation has the authority to classify and limit the land's use under Forever Wild policies. While the law firm told the committee to "refrain from discussing specific legal matters because legal advice and discussions are of high value to parties that might oppose [them]," Sullivan read a prepared statement.
When the Great Sacandaga Lake was created in the 1920s, he read, the area was not wilderness or forest preserve. It was comprised of farmland, factories, communities, a thriving railroad, and even an amusement park.
"The fact that this area was not wilderness or forest preserve can be seen in the relocation of 12,000 homes and the transfer of nearly 4,000 bodies from 22 local cemeteries," he continued.
Coupling this with the state's legislative action for the reservoir and acquiring land for its creation "bolsters the fact that this is not forest preserve," said Sullivan.
At the committee's first town hall-style meeting in Broadalbin July 27, DEC representative Tom Hall suggested amending the state constitution to alleviate problems that have arisen out of the Hudson River-Black River Regulating District's Access Permit System. DEC has determined the system allows permit holder's "exclusive use" of state-owned land represents "legal problems," he said.
"We do not think a constitutional amendment is the best choice. It's clear that DEC is not looking out for our best interests. We are on our own," Sullivan said, noting Hodgson Russ will continue researching the lake's legislation.
Northampton Supervisor Linda Kemper said she would "absolutely not" support a constitutional amendment.
"It's poor public policy - a quick fix. It would put control completely in their hands," she said. "And how can you even do an amendment on something when you have no right to in the first place?"
Assemblyman Marc Butler, R-Newport, was in attendance, and based on concerns raised at the meeting, said the amendment "is not something that has a groundswell of support."
"It would be a long-term solution with questionable results," he said.
An amendment to the state constitution requires approval from both legislative houses by a majority vote, and then another majority vote following an election. Legislative elections are held in November of every even-numbered year. If these conditions are met, the amendment becomes valid if agreed to by state voters at a referendum.
Sen. Hugh T. Farley, R-Niskayuna, who was not present at the meeting, said it would be very difficult for an amendment to pass in both the Senate and the Assembly, and the necessity of such an amendment is questionable.
"Whether the Great Sacandaga Lake is apart of the Adirondack Park Agency is questionable," he said. "When it was built [in 1929], the state did not consider it part of forest preserve. It's a new interpretation that's open to question."
No representatives from DEC, APA, or Hudson River-Black River Regulating District were present due to scheduling conflicts. Hall agreed to attend, but "only if we really asked, because he didn't want to be the only one here," said Fulton County Chamber of Commerce and Industry President Wally Hart, who moderated the meeting.
DEC spokeswoman Lori Severino said since Hall's announcement, "the department has not been involved in any serious external discussions" on the details of a possible amendment.
"Any such amendment would likely be complex so at this point, DEC can't comment or speculate at this time on what it would or wouldn't support," she said. However, "DEC stands by its statement that options exist."
Sullivan said the viable option would be to sit down and discuss the matters with all associated government agencies.
"Our first choice is not a lawsuit," he said, "but trust me, we're not scared to go to there."
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Contact Heather Nellis at heather.nellis@recordernews.com.
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