Braymer Law, PLLC

09/28/2023

Great panels of speakers at the New York State Bar Association Energy & Environmental Law Section’s fall conference. I participated on a panel with Richard Booth, Chris Navitsky, and Dan Kelleher to discuss the Adirondack Park Agnecy at its 50th anniversary. Keynote speakers included Brad Edmonton, Bernard Melewski, and Peter Paine.

03/03/2023

Indepth article in the Adirondack Daily Enterprise about the Appellate Division’s ruling, reactions to it, and what it could mean for future project reviews:

https://www.adirondackdailyenterprise.com/news/local-news/2023/03/supreme-court-blocks-saranac-lake-marina-expansion/

03/03/2023

In a Decision issued March 2, 2023, the Appellate Division Third Department ruled that the permit granted by the Adirondack Park Agency to a marina project must be annulled due to “APA’s misapplication of its wetlands regulations”.

A link to the Decision is here:https://decisions.courts.state.ny.us/ad3/Decisions/2023/533913.pdf

Said Tom Jorling regarding the Decision:
“In annulling the permit to construct a marina project at two sites on Lower Saranac Lake the Court ruled the APA in approving the permit acted unlawfully.
On wetlands the Court ruled, explicitly and unequivocally, that APA acted unlawfully in evaluating wetlands impacted by the project at the annex site. The Court ruled the value of the wetlands at the annex site are value 1 wetlands and therefore, under APA regulations, cannot be subject to any activity ‘that would result in any degradation or loss of any part of the wetland or its associated values.’ Thus, the project at that site cannot go forward.
The Court also ruled that the failure to conduct a carrying capacity study to inform its consideration of the project was ‘wholly unexplained and, indeed inexplicable’. The Court, after reviewing and implicitly affirming the legal obligation to conduct carrying capacity studies under the State Land Master Plan, did not rule a carrying capacity study must precede consideration of this application. However, the Board of the APA, if it is to have any credibility, should take seriously the admonition and require a carrying capacity study before any further consideration of this project.

The APA, the Agency entrusted to protect the natural resources and character of the Park, must do better. This case is a clarion call to the Board to make that happen.”

Appellant, Tom Jorling, Commissioner of New York State Department of Environmental Conservation (“DEC”) from 1987 to 1994, filed the underlying Article 78 proceeding challenging APA’s Permit in December 2020 in Supreme Court, Essex County.

Mr. Jorling is thankful for the amicus briefs submitted in support of his appeal by Protect the Adirondacks! and Adirondack Wild: Friends of the Forest Preserve along with Sierra Club.

https://t.co/nMQTRr3zJn

A state appellate court on Thursday invalidated a permit for a marina on Lower Saranac Lake, ruling the Adirodnack Park Agency wrongly followed wetlands rules.

02/18/2023

APA’s apparent disdain for the public’s comments, and potentially leaving public comment emails in a literal “junk box”, is unacceptable. “Near the end of Friday’s arguments, (Judge) Muller asked why the (APA) solicits comments at all.”

It’s no wonder APA refuses to hold adjudicatory hearings for public input - apparently APA doesn’t want any public input on important projects because the staff and Board members already know all there is to know on every project?

On Friday morning, a small group of area residents stood outside Warren County Court holding signs with similar messages. One reported that “4,596 petitioners SAY NO to ProcellaCOR.” An…

08/07/2022

Happy to be one of the attorneys and sponsors for this great organization that does great work to protect the land that protects Lake George!

06/10/2022

Caught a beautiful day for the end of Greater Glens Falls Transit Walk, Roll or Stroll week!

05/24/2022

The Adirondack Park Agency and DEC are responsible for the care and preservation of the Forest Preserve but have failed to prepare the studies needed to understand the impacts of use on Adirondack lakes, similar to the overuse problems happening in the high peaks.

Link to article:

https://www.adirondackexplorer.org/stories/lower-saranac-lake-marina-challenged?fbclid=IwAR0ZT2eRNAOjNR9m-9A3z3ZqeobE2pKCKICKTXf2Ll3T10AdqNQEWujhUNs&fs=e&s=cl

04/03/2022

Congratulations to Director Avery Babson and the entire cadre of cast, crew, volunteers and family members for the fantastic production of the musical Honk! at Glens Falls High School by gfhs.theatre.ensemble!!

One more show this afternoon:

https://www.facebook.com/108760375039546/posts/133827135866203/?d=n

02/17/2022

The appellate court agreed with us that the City Council failed to review all of the impacts of the proposed zoning change that gave the green light for a medical office campus to proceed. The proposed project’s numerous potential negative impacts should have been reviewed in full before any action was taken.

Appeals court blocks Saratoga Hospital building in residential neighborhood

Neighbors of Saratoga Hospital won their appeal to stop the hospital from building a...

11/16/2021

In the past ten years, not a single proposed project was subject to an adjudicatory hearing by the Adirondack Park Agency.

“Today, new APA Board members have not received any briefings about formal adjudicatory public hearings. They have received no information about the APA’s history of using these hearings, about the benefits for improving project outcomes and public participation. APA members on the Board today have not been informed that these hearings are an important part of the APA’s regulatory toolbox and served a vital purpose at the APA for decades.”

APA needs to take back control of its review process and start sending projects to adjudicatory hearings for sincere and serious consideration of the project’s impacts.

One big change that the Andrew Cuomo years brought to the Adirondack Park Agency (APA) was that the senior staff and the APA Board refused to send a single development project to a formal adjudicatory public hearing. This defies logic in many ways. Based on information from a Freedom of Information....

11/10/2021

In December 2019, the City Council refused to consider the full impacts of the zoning change - from residential to commercial - for a parcel of land that was, and is, intended be used by the Hospital for a new medical office complex. Now, the Planning Board has the opportunity to require an environmental impact statement for the proposed project. Unfortunately, the Hospital is pushing hard to avoid that comprehensive environmental review for its construction project on completely undeveloped land that is surrounded by residential neighborhoods.

Saratoga Hospital moves forward with plans on three-building complex while its neighbors...