By BETHANY KOSMIDER
Contributing Writer, Press Republican, Plattsburgh
Reprinted by permission Press Republican
JAY - Jay is saying no to an Olympic Trail Scenic Byway route designation, at least for now.
Town Attorney Daniel Manning III drafted a resolution notifying the Adirondack North Country Association of the town’s decision to decline.
The Scenic Byways Program is a jointly funded state and federal initiative designed to bring motorists to roadways chosen for their historic or scenic properties.
PROPERTY-RIGHTS FEARS
Manning said that, because of the “irreparable effect” this approval might have on the people of the Town of Jay and .the potential impact on their property rights, the town decided not to be included in the corridor.
The Town of Jay is asking that the federal and state governments rescind the designation of routes 86 and 9N as Olympic Trail and Scenic Byways until legal and administrative procedures are put in place to safeguard the property rights of the Town of Jay.
“Is it etched in stone?” Supervisor Thomas O’Neill asked Manning.
The attorney told O’Neill it was not.
Manning said his concern was the lack of information from the Adirondack North Country Association.
“Whenever we have asked for information about property owners’ rights, rules and regulations, we are handed excuses or we never receive them,” said Manning.
“The people should have all the information made available to them. They aren’t interested in adopting a resolution that has hidden clauses.”
KEENE PLEASED WITH FUNDS
Keene Town Supervisor Thomas Both is happy with his town’s decision to accept the plan, though.
“Thanks to Scenic Byways, we have gotten grants that we would otherwise not have received,” he said.
“Now we are sprucing up the town and putting this money to good use. Grant money has built a new town garage, with other projects slated for completion in the future.”
FEARS APA INVOLVEMENT
Jay Councilwoman Vickie Trombley, who recommended to the Town Council that it rescind the designation of the corridor within the township, pointed out her reasons for not associating with the Olympic Trails.
“The people who own land along the byway have never been asked whether or not they want to participate in the corridor-management plan,” said Trombley.
“Many people do not understand that the corridor encompasses all the visible land surrounding the byway.
“The Adirondack Park Agency has the charge to regulate the resources of the park. ‘Once you name these intrinsic resources of the Scenic Byway, these resources become part of the park and under the jurisdiction of the Adirondack Park Agency. Whether the town names them, or Adirondack Country Association does, they are the managers for the Adirondack Park Agency.”
But ANCA Executive Director Terry deFranco Martino said the people did have voice in whether they wanted the plan.
“We had public meetings so that people could attend and voice their opinions.”
CONCERNED ABOUT INVENTORY
Trombley said one part of a publication by ANCA, “Statement of Issues and Concerns,” was troubling to her.
“Scenic views and traveling experiences have proven to be one of the most controversial resources for a byway to identify and steward,” said Trombley.
“As I read the report, it said that the state of New York has recognized the scenic quality of the Adirondack Park to be protected by the APA.
“And it is recommended that the Byway Corridor Management Plan does not include an inventory, assessment or actions for the management or protection of the scenic resources within the Adirondack Park.
“It is apparent that this program is a means by which the agency can have numerous other scenic vistas identified to extend their jurisdiction. By excluding an inventory prior to the designation, it allows the APA and ANCA to attach an inventory with added restrictions after the fact.”
Martino said the APA Act completed a map with scenic vistas on it.
“The APA cannot create stricter zoning without going back to the (state) legislature,” the ANCA director said. “There would need to be another law passed to change that.”
Trombley thinks the APA and ANCA need more scenic vistas in order to establish jurisdiction over current non-jurisdictional lots to regulate aesthetics.
“Until they can prove us wrong, we will not be participating in the plan,” she said.
But APA spokeswoman Vicki Hristovski noted that the Byways Program is directed and coordinated by the State Department of Transportation, not her agency.
“The program focuses on economic development and tourism promotion and is not a regulatory process,” she said.
“It is a valuable source of technical assistance and funding for Adirondack communities and communities throughout the state of New York.”
PLAN BENEFITS
Martino contends that the Olympic Trails Scenic Byway plan is sound and economically smart.
“By creating a corridor plan, grant money will be available, and it will open wider avenues of what can be done to market business and tourism in small towns.”
Jay isn’t the only town to reconsider participation in
the Scenic Byways plan.
North Elba had originally voted to join, but the Town Council
is now reconsidering.
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