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APA chair rejects motion to send resort back to hearing

January 18, 2012
By JESSICA COLLIER - Staff Writer ( , Adirondack Daily Enterprise

RAY BROOK - State Adirondack Park Agency Chairwoman Lani Ulrich issued a ruling Tuesday that denied a motion by Adirondack Wild to send the Adirondack Club and Resort back to adjudicatory hearing.

Adirondack Wild co-founders Dan Plumley and David Gibson filed the motion on Dec. 30, sending copies to the parties to the hearing on New Year's Eve. It argued that there isn't enough information in the hearing record for commissioners to make a decision on whether to give the large-scale resort a permit.

Ulrich wrote that the substance of the issues presented in the motion is already something commissioners are considering as they deliberate on the proposed project.

"The relief requested by Adirondack Wild is already an option for the Agency," Ulrich wrote.

She also wrote that the motion could inject bias into the board's deliberations while simply rearguing points the group already made without offering new facts.

"This motion ... is potentially disruptive to the Board's unbiased deliberation on the project," Ulrich wrote.

Fact Box

The Adirondack Club and Resort, proposed by a Pennsylvania-based investment group called Preserve Associates, would overhaul the Big Tupper Ski Area in Tupper Lake and build out the land around it with about 700 luxury housing units and various amenities including an inn, a marina and an equestrian center. The project is under review by the state Adirondack Park Agency and, as part of that process, was studied in a 19-day adjudicatory hearing. Parties submitted closing and response briefs in the fall, and the hearing record was closed Oct. 26. The APA board is at the end of a three-month review of the project and expects to make a decision on Friday.

She said in the ruling that she consulted with Commissioners William Thomas, head of the Local Government Services Committee, and Cecil Wray, head of the Legal Affairs Committee.

The APA's final meeting on the project is set to begin today and run through Friday, with a decision scheduled for Friday morning. Today's session is scheduled to begin with a presentation from APA counsel John Banta on the motion.



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