Minutes of Citizens’ Advisory Committee meeting for Wilmington Local Waterfront Revitalization Program (LWRP)

May 23, 2006 , Wilmington Town Hall

 

Attending: 

Dawn, Judi, Gary, Tom H., Garrett, Rachel, Bethany Stephenson (DEC and resident), Guy Stephenson, Jane Sibalski , Ginny Crispell, Lance Durfree (DEC), Kara, Jeanne.

 

Items:

bulletThis was the second “Agency night” – Lance Durfree, a fisheries biologist from the Dept. of Environmental Conservation (DEC) and our own Bethany Stephenson helped us understand their agency’s view of the waterfront process and is sue s, and answered committee members’ questions.  He noted that the DEC is not going to oppose dredging but they’d like us to do it in an environmentally friendly way, in as far as that is possible.  We’ll need to track turbidity, attend to sediment containment with silt screens and other technologies, a filter.  The 1970s fisheries survey (noted in our inventory) notes that the West Branch is not a great fishery resource, the dam was already impact it and sediment building up.   There is a slight chance the fishery could be improved by the dredging (long-term) but it’s a long shot.  The Lake area is turtle habitat, which several citizens have mentioned, and the sediment is probably negatively impacting them as well as fish, but they could also be damaged short-term by the dredging.  He recommended we follow the example set by the Town of Wells on getting permits to dredge Lake Algonquin .  He also recommended we establish a stormwater management plan, which entails the study of surface coverage, runoff, and sources of sediment loading. 
bulletLance noted that the dredging can minimize downstream (below the dam) impacts.  The recovery time for aquatic invertebrates (bugs that fish eat) will come back pretty quickly, within a year.  Mike McMurry could arrange a pre-permit meeting for us and shepherd it to USArmy Corps of Engineers. 
bulletThe committee raised the question of two fishing trails for which DEC holds easements yet which are not marked.   Lance and Bethany said that is in the hands of Mike Grove of DEC’s real property office, who can act on the ils sue if his supervisor tells him it is a priority.  The committee or Town should write to Les Eggleston and/or Stuart Buchanan or invite them to the next meeting.  The committee also agreed volunteers should be recruited to improve the trail off Haselton near Black Brook.  And to obtain funds or volunteers to clean up the dump on Lenny Preston. 
bulletThe committee wants DEC to post “Carry it in-carry it out” and littering fines signs near the Flume swimming hole – Lance suggested we contact Chris Alberga and that we put it into our policy report for the LWRP. 
bullet Dominic Fontana , who addressed questions of dredging in his work at DEC, was to attend as well but was called to deal with an emergency dam break situation.  He followed up (thank you Dominic!) and has shared a list of is sue s the Town will need to consider in pursuing dredging in Lake Everest .  (See below.)
bulletPolicy Subgroup update:  Our subgroup on policy and strategy work – consisting of Tom , Dawn, Jeanne, Judi, Garrett, Lisa and Kara, provided an overview of where they are in working through rough drafts on this section of the LWRP document, and shared some examples for your review and input (See below).  This group has been working hard!  Thanks to all in the group. 
bulletThe group discussed Milestones for the LWRP – remaining steps, subgroups (projects, reviews, board liaison)

·         What have we accomplished so far?  The group was impressed with the list of its activities. 

o        Learning about the waterfront resources:  cultural, historical, natural, economic, in Inventory and Analysis

o        Community input and outreach through citizens’ committee, two community meetings, two surveys, press articles and town newsletter and posters and flyers and postcard, web site and town clerk booklet, visits to groups (seniors, artists, historical society, youth center, and fish/game club)

o        Interviews with highway, code enforcement, supervisor.

o        Discussion and decisions on key waterfront is sue s:  public access, hamlet revitalization, and lake / beach restoration

o        Discussion and decision on waterfront boundary area

o        Drafts of most of 13 policies/approaches for Wilmington to control future of waterfront

o        New funding proposal for first projects

 

·         What do we still need to accomplish?

o        Policy work – finishing and reviewing and finalizing drafts, sharing with town boards and community

o        Project list – drafting ideas from policy section and inventory and community input, sharing

o        Draft LWRP

o        Next community meeting – June (late?) or July?

o        Review period to agencies

o        Final LWRP

o        Final Community Meeting

o        Fundraising for projects

o        Ongoing waterfront committee (could be same or different members)

·         Committee members agree to collect 7-8 ideas each for projects and those can form the start of our list. 

 

Related News:

·         Committee members received sheets to track their hours so that the Town can be assured it is getting full credit for its “match” of in-kind support for the grant from DOS. 

·         Garrett Dague helped Wilmington out again by drafting a proposal under the new round of LWRP grants this spring, to help pay for a dredging feasibility study and a “master plan” or design for the beach area!  Call your State representative in the Assembly to make sure EPF funding is available. 

·         We need to form a mini-group to develop a project list.

·         Another group to do one more survey, someone to do a new poster of community organizing, organize a party for us, a study tour to Wells, and a Wilmington Waterfront Day.

 

Norms adopted by committee

(From the minutes of meeting on 12/03/05.):

bulletMeet every third Tuesday of the month in town hall at 6:30pm .  Meetings maximum 2 hours, 1.5 hours is the goal.
bulletAgree to disagree if necessary, and move on.  Group makes decisions, then all support decisions. 
bulletGet familiar with guidelines and documentation, reports. 
bulletCome to every meeting, plan it now.  Find a replacement if absolutely necessary.  Give them background.
bulletIf you have to be absent, respect the decisions made and don’t force group backwards. 
bulletParticipate and make your views known.
bulletRead minutes and documents before meetings. 

 

For more information on the Wilmington LWRP, please contact:

Jeanne Ashworth , Town Supervisor (946 7179) or Kara Page , ASCI (946 7557)


DREDGING ISSUES – DEC RECOMMENDATIONS

 

From: Dominic Fontana [dcfontan@gw.dec.state.ny.us]

Sent: Thursday, June 15, 2006 2:00 PM

To: Kara Page

Cc: GDague@CO.ESSEX.NY.US ; ' Jeanne Ashworth '

Subject: RE: Dredging

 

The following information would be needed for the Town to design a dredging project and submit a dredging permit to DEC:

 

1) a bathymetric map of the impoundment would be needed.  This map would show the contours of the lake bottom.  With this map, you could then see what areas need to be dredged and what the final contours would be after dredging.  This information would also tell you how much sediment will be dredged, e.g. the number of cubic yards to be removed.

To develop a bathymetric map, you would need to hire a survey company that has the expertise to do this work.  A ball park cost for this work would be $15,000 - $25,000.

 

2) once you know where the dredging is to occur and how much (volume) will be dredged, then you would want to take samples of the sediment to be dredged.  These samples would be analyized for gradiation, i.e. soil particle size. This information would tell you what kind of material

will be dredged, i.e. gravel, coarse sand, silt etc.   These samples

would probably consist of a core that passes through the sediment thickness to be removed plus a little into the sediment to remain.

Normally, a 3" dia. metal tube is driven into the sediments then withdrawn.  The tube is then opened revealing the layers of sediments which are then sampled.  A ball park cost for this work would be $5,000

- $7,000.

 

3)  depending on the volume to be dredged, the DEC will require that a few samples of the sediment to be dredged be analized for the present of toxic compounds.  The samples for toxic analysis could be taken from the core samples discussed above.  I would guess that two - three toxic samples would be required although until DEC knows the volume to be dedged, we can not tell you how many toxic samples will be required.  A ball park cost for is work would be $3,000 - $5,000.

 

4) once you have the information from 1, 2 & 3, then you can decide the best method for removing the sediments, i.e. dredge the sediments with water still in the impoundment or draining the impoundment to allow the sediments to dry out, then removing them with heavy equipment.  What you do with the dredged sediments would also need to be addressed. There are many is sue s that would come into play before determining the best way to remove the sediments and that would also be allowed by DEC & APA.

Is sue s related to fish & wetlands will be important is sue s that need to be addressed.

 

The Town of Wells is presently dredging sediments from Lake Algonquin .

It is a similar type project to yours.  They have gone through the engineering & permitting.  I would suggest giving the Town of Wells a call to find out what they went through.  They had a consultant, EcoLogic Consultants from Cazenovia NY help them prepare all the engineering and permitting.  I believe the Town also received a grant or

loan from EFC to do the work.  

 

 

 

>>> " Kara Page " <karapagework@charter.net> 06/15/06 11:48 AM >>>

Hi Dominic,

 

Do you think we could get that list of dredging considerations today or tomorrow?  We have another meeting next Tuesday and I'd like to share that at the meeting if it's possible. 

 

Many thanks!

Kara Page

 

PS Please cc. Garrett Dague and Jeanne Ashworth on your e-mail - thanks!

 

-----Original Message-----

From: Dominic Fontana [mailto:dcfontan@gw.dec.state.ny.us]

Sent: Thursday, June 01, 2006 3:10 PM

To: Kara Page

Subject: RE: Dredging

 

I have a meeting in Glens Falls June 20 -21st so I can't make it.  I will send you a list of things you need to consider regarding dredging.

 

After your review, we can discuss them further.

 

>>> " Kara Page " <karapagework@charter.net> 06/01/06 2:48 PM >>>

Hi Dominic,

 

Thanks much for the note - we understood you had a dam break (almost?) so completely understood.  Would you be able to attend next time- June 20th.  We are planning a little party/BBQ at beach at beginning of meeting so you decide - if you'd rather not attend until we start the discussion that might be around 7:30 but you'd be very welcome. 

 

Best Kara

 

-----Original Message-----

From: Dominic Fontana [mailto:dcfontan@gw.dec.state.ny.us]

Sent: Thursday, June 01, 2006 12:51 PM

To: karapagework@charter.net

Subject: Dredging

 

Kara,

I'm sorry I missed your meeting on May 23.  Let me know when you would like me to come down.  My phone number is 897-1268.


Policy 1.0              Foster a pattern of development in the waterfront area that enhances the community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a waterfront location, and minimizes adverse effects of development.

 

Approaching Wilmington along Route 86 from the Lake Placid area is characterized primarily by the rugged wilderness beauty and the ever-changing colors of rocks and trees.  It is no wonder Route 86 is designated as part of the New York State Olympic Trail Scenic Byway system.  This route follows the west branch of the Ausable River on one side of the road; the other side is primarily lined with rocky, wooded ledges.  A number of trailheads are visible, as well as parking areas leading to other trails and ponds.  Driving through “The Notch” is an experience unto its own.  The road narrows and is guarded by rock walls and lush vegetation.  The mountains rise sharply to the sky through this narrow canyon.  The scenery is stunning!  A little further along Route 86, in the shadow of Whiteface Mountain, one can take a nature walk to view the Ausable River as it tumbles and spills over ancient granite cliffs at High Falls Gorge, a natural tourist attraction. It is seen on the left before approaching the entrance to Whiteface Mountain Ski Resort.

 

Continuing on Route 86 past Whiteface, a handful of outlying motels, restaurants and business establishments have been built and nicely maintained.  The area from the Inn at Ledgerock to approximately Steinhoffs Motel and Restaurant might be considered a node of development.  In-between these establishments are smaller motels, a lovely bed and breakfast and typical Adirondack summer cottages.  The popular Hungry Trout Motel and Restaurant sits above the rushing river and the fabled Flume area.  This Flume area, another place where the river rushes and falls to create more spectacular vistas, is a favorite swimming spot in the summer.  The Wilderness Inn, Fran Betters Fly Fishing Shop and several more cottages complete this area of rural development.  There are residences of varying character interspersed along Route 86 before, after and amidst the Village Center .  Abandoned, boarded up buildings and residences can also be observed and detract from the beautiful landscape of the area.

 

An attractive, nicely lit drive leads visitors to the town beach area at Lake Everest .  This area is the center of waterfront activities in the summer months.  Lifeguards watch over swimmers and beach activities.  There is a pavilion, restrooms, barbeques and picnic areas. Facilities are less than adequate and could be improved. This is a primary put-in area for kayaks and canoes.  Summer concerts and gatherings are regularly held at the beach. 

 

In recent years, water activities have decreased at the beach as sediment has begun to infill the impoundment.  The traditional water sports have been somewhat curtailed and the health of the trout-friendly ecosystem is threatened.  This is an issue of great concern to local residents since much of the economy focuses on tourism centered around the waterfront and surrounding mountains.

 

Continuing on Route 86 toward the Village Center , one may chose to head up The Whiteface Mountain Veterans Memorial Highway past Santa’s Workshop and drive to the top of Whiteface Mountain or turn right and travel through the Village Center .

               

The community character of Wilmington is defined by a pattern of mixed development centered primarily in the area defined as the Village Center .  This area closely follows Route 86, which crosses the historic bridge in the center of town.  From that bridge, breathtaking views of Lake Everest , the dam and surrounding mountains are enjoyed by local residents and visitor’s year around. In the warmer months, people can always be seen fishing along the bridge and the banks of the river.

 

The Village Center is characterized primarily by numerous small motels, a few gift shops, campgrounds, a handful of restaurants, fishing-related businesses, a candy store, a convenience store and gas station, a small market, a real estate office, churches, a welcome center, the post office and the library.  In the summer months, the ice cream stand often becomes the “unofficial” meeting place, especially on warm evenings. Sidewalks connecting these buildings are spotty – no true pedestrian zone exists.  The potential to establish a pedestrian-friendly, community-oriented focus in the Village center is strong.  There are also single-family and multi-family residences interspersed amongst the businesses.

 

Residential development is seen along roads such as Haselton Road , Lenny Preston Road , John Bliss Road , Springfield Road, Quaker Mountain , Juniper Hill, Indian Rock, and Bonnie View Road .  Hillside development is increasing as the population expands.

 

Policy 1 is intended to foster a development pattern that provides for the beneficial use of waterfront area resources.  The primary components of the desired development pattern are to preserve and enhance the natural beauty and open space of the waterfront area, encourage increased contact with the water through improved public access to water features and strengthen the economic viability of the town by focusing more activities around the waterfront.  In addition, protecting, enhancing and building the character of stable residential neighborhoods is important.

 

Subpolicies and policy standards relating to Policy 1 include the following:

 

1.1                Concentrate development and redevelopment in order to revitalize and strengthen the waterfront .

 

The intent of this policy is to:

 

·         Encourage strategic, smart development of this area that further defines and enhances the character of the Village Center and other developed nodes and uses the waterfront location as a primary focus.

·         Strengthen the economic viability of the Village Center .

·         Provide incentives to existing businesses and residences to place emphasis on their waterfront location.

·         Focus public investment and assistance in waterfront redevelopment areas.

·         Locate new development where infrastructure is adequate or can be upgraded to support appropriate development.

·         Revitalize deteriorated, abandoned or under-utilized sites within the LWRP boundary area.

 

1.2                Ensure that development or uses make beneficial use of their waterfront location.

 

In recent years, Wilmington has seen a steady increase of new residents relocating from busier environments to enjoy the peace and tranquility this area offers.  We have also seen homes purchased or built as second residences, some with the intent of retiring here. Local businesses have been purchased by people who have relocated here from out of town.

 

What draws businesses to this area is primarily the beautiful, scenic surroundings that are enhanced by the waterfront location.  While some of the businesses such as campgrounds and fishing stores are enhanced by their access to the water, other businesses have sprung up that are not directly on the water, but supply goods and services to visitors who are here to enjoy water-dependent activities.  

 

With this pattern of development in mind, it is reasonable to expect further demand for waterfront property to increase as more and more “baby boomers” retire to this area and businesses are established to support growth.  Simply allowing market demand to set the tone for development does not assure the preservation of the natural beauty of the area. 

 

Therefore, this policy seeks to provide a measure of control for future waterfront development that preserves the natural environment and encourages the best use of the waterfront location.  Local zoning laws act in concert with the LWRP to support smart development.

 

Two key terms associated with waterfront use are defined as follows:

 

1.        Water-dependent use – Defined by the State of New York as “activities that require a location in, on, over or adjacent to the water because the activities require direct access, and the use of water is an integral part of the activity.”

 

2.        Water-enhanced uses – Defined as “Activities that do not require a location on or adjacent to the water to function, but whose location on the waterfront could add to public enjoyment and use of the water’s edge, if properly designed and sited.  Water-enhanced uses are generally of a recreational, cultural, commercial or retail nature”.

 

The guidelines are:

 

·         Protect existing and encourage future water-dependent uses.

·         Enhance and further define what are considered “water-dependent” uses as the character of the shoreline changes..

·         Encourage water-enhanced uses where they are compatible with surrounding development, do not displace or interfere with water-dependent uses and reflect the unique qualities of a waterfront location through appropriate design and orientation.

·         Allow other uses that derive benefits from a waterfront location, such as residential uses, where appropriate.

·         Encourage private development projects to include public access provisions.

·         Prohibit uses on the waterfront that are not compatible with this overall program.  Such uses include, but are not limited to, industrial uses and other uses that are non-essential to the waterfront.

 

Policy 1.3 Protect stable Residential areas

 

The residential areas in Wilmington are located along the major state, county and town highways within a half mile of town center.  The downtown commercial area and the outlying commercial nodes are located along State Route 86.  Residential single family homes are interspersed between and among the commercial areas along route 86. The village center is within the water dependant and water enhanced area. 62% of the town is land owned by the State of New York predominately as, the Whiteface Ski Center and the Wilmington Wild Forest . Development on those areas of state owned property is addressed within the Unit Management Planning process.

·         Encourage residential expansion within the hamlet area and within the town water district.

·         Concentrate commercial amenities in the Village Center in order to take advantage of the water-enhanced uses and discourage sprawl along rt 86.

·         Promote construction of safe walkways and crosswalks.

·         Promote constructions safe bike ways along town, county and state highways.

·         Use the recreation provision of the sub-division approval process to develop bike and walking paths in new sub-divisions.

·         Seek APA approval to enlarge the hamlet area to match the town hamlet zoning.

·         Provide community and worker housing within the town center and water district, opportunities should be provided for the development of a variety of housing types to meet the needs of people at various stages of the life cycle, various income and age levels, and household composition.

·         Promote the development of commercial uses that will serve the needs of residents and visitors.

·         Scale development to be appropriate to the setting

·         Encourage landscaping to screen or enhance the appearance of new development.

 

Policy 1.4   Maintain and enhance natural areas, recreation, open space, and agricultural lands.

·         Avoid the loss of economic, environmental and aesthetic values of important recreation, open space and natural areas of Lake Everest , the West Branch of the AuSable River and the surrounding open space character.

·         Protect existing park lands and provide additional public recreational opportunities along Lake Everest , and the West Branch of the AuSable River .

·         When evaluating proposed new developments, ensure that natural areas are preserved to the maximum possible.

 

Policy 1.5  Minimize adverse impacts of new development and redevelopment.

 

·         To enhance community character and maintain the quality of the natural and manmade environment of Lake Everest , the West Branch of the AuSable River waterfront areas, potential adverse impacts on existing development, the natural environment and the economy will be addressed and mitigated.  Local review of proposed land development falls under the purview of the sub-division regulations, by which the community can require that site development meet established requirements for layout, size and appearance.

·         The State Environmental Quality Review (SEQR) process provides an additional means whereby the local community can assess all potential significant environmental impacts of a proposed development. Local, state and federal review of major actions proposed the Lake Everest and the West Branch of the AuSable River waterfront areas shall take into account the economic, social and environmental interests of the Town residents.

·         Locate future development where public infrastructure capacity exists, where existing facilities can adequately handle the development, or where private facilities could be developed in such a way that community character, environmental quality, open space and natural resources are preserved and water-dependant uses are not displaced.

 

Policy 2 Preserve Historic Resources of the Waterfront Area

 

Archaeological sites and historic structures are tangible links to the past development of the community – both its cultural and economic life – providing a connection to past generations and events. 

 

Wilmington has a rich history of industry in the 1800’s and tourism in the 1900’s and currently, all centered around the Ausable River .  The intent of this policy is to preserve the historical and archaeological resources (NOTE – DO WE HAVE ANY??) of the waterfront area.  Concern extends not only to the specific site or resource but to the area adjacent to and around specific sites or resources.  The quality of adjacent areas is often critical to maintaining the quality and value of the resource.  Effective preservation of historic resources must also include active efforts, when appropriate, to restore or revitalize.  While the LWRP addresses all such resources within the waterfront area, it actively promotes preservation of historic, archaeological, and cultural resources that have a waterfront location.

 

Refer to Section II: Inventory and Analysis: Letter H of this document for a detailed description of historical resources.

 

2.1                Maximize Preservation and Retention of Historic Resources.

 

·         Identify and protect cultural heritage and resources.  (NOTE – THE FOLLOWING WILL MOVE TO IMPLEMENTATION SECTION) Review existing 1982 inventory, update and expand list to include all of Town, and map the sites. Explore option of resubmitting amended proposal; explore/adapt goals of that proposal.

·         Support the mission and goals of the Wilmington Historical Society and recognize their representation and participation in this endeavor as crucially important.

·         Preserve the historic character of the resource by protecting historic material and features or by making repairs using appropriate measures.

·         Adapt and reuse historic buildings appropriately through limiting and minimizing alterations to the resource.

·         Minimize loss of historic resources or historic character when it is not possible to completely preserve the resource.

·         Relocate historic structures only when the resource cannot be preserved in place.

·         Allow demolition only where alternatives for retention are not feasible.

·         Avoid potential adverse impacts of development on nearby historic resources.

 

2.2                Protect and Preserve Archaeological Resources.

 

·         Minimize potential adverse impacts by redesigning projects, reducing direct impacts on the resource, recovering artifacts prior to construction and documenting the site.

·         Prohibit appropriation of any object of archaeological or paleontological interest situated on or under lands owned by New York State, except as provided for in Education Law § 233.

 

2.3                Protect and Enhance Resources that are Significant to the Waterfront Culture.

 

·         Maintain the dam in good working order.

·         Protect the structural and historic integrity of the bridge over the river and dam.

·         Preserve and enhance all scenic vistas and water-dependent areas such as High Falls Gorge, The Flume and Lake Everest .