state

Why is NYSERDA in the Pine Bush?

One of the things that bothers me is that NYSERDA, the New Yor State Energy Research and Development Corporation is located in the Albany Pine Bush in Corporate Circle, in a location primarily serviced by automobiles with minimal if any bus service through the CDTA ShuttleBee. Based on NYSERDA’s location, it is highly unlikely that any employees or visitors ever come to it using mass-transit. Most employees use gas guzzling private automobiles.

NYSERDA in the Pine Bush

Plenty of Real Estate Downtown,
Much Free to Use…

At the same time, there is a large amount of vacant office space downtown, that should be put into use. It’s quite possible that there would be sufficient room to move all of NYSERDA’s operations to a portion of 625 Broadway, home to the Department of Environmental Conservation and Environmental Facilities Corporation. With recent layoffs and the hiring freeze, there probably is ample space in there.

If not, as New York Times recently documented, the 12 floors of the Corning Tower that are currently sitting vacant would be an ideal place for NYSERDA. Quite a bit of scientific research and bureaucratic work gets done in the Corning Tower by the Health Department and Health Services Corporation, and it seems only natural for a public corporation like NYSERDA to consider locating to this location.

Alternatively, NYSERDA could consider renting a private building downtown like the Arcade Building. Many of these buildings have been vacant for a long time, and it’s possible that the rent they could get is far below what they paid for the sprawl rent in the Albany Pine Bush. While they wouldn’t get the parking spaces next to their offices downtown, what they would trade that in for would be less air pollution and lower energy consumption.

NYSERDA's Green Building

NYSERDA Should Be Setting an Example …

Rather then focusing on super-cars that only wealthy state bureaucracies can afford, they should be focusing on promoting compact communities serviced by mass-transit. While NYSERDA can’t force it’s employees to live in Albany, nor should it necessarily do as such, it can promote the benefit of having a workforce that works downtown in a highly energy efficient fashion.

The agency can promote the ease and convenience of working downtown, along with the energy and time savings. By not including significant parking in their relocation, they encourage employees and visitors to come using mass transit. NYSERDA could go farther and educate all existing and new employees about the many Park and Ride sites and bus service in the Capital Region, along with providing discount or free bus passes to all employees and visitors.

We need to think seriously about investing more into mass-transit . Transit is the future for our urban-areas, and all large employers of the future need to be located near transit lines that are regularly serviced, and reduce employee’s commuting distances.

… NYSERDA: It’s About Making Smart Energy Choices.

Gazing at Beautiful Columbia Circle

Open Pine Bush

Home Savings Bank Buildings

What are Alienations and Non-Alienations of Parkland?

As all park land (including local parks, county parks, state forests and forest preserve) in NY State belong to all of the people, it is important that they remain in the hands of the people, for all to use and enjoy for all times. Only under specific circumstances can government take park land away from the people, and when they do, they must always replace it with some of comparable or greater value.

Today’s fodder is an excerpt from the Alienation Handbook put out by Office of Parks, Recreation, and Historic Preservation.

Hikers Enjoy the Purty Lake

The following have been determined by the courts to be alienations:

  • The conveyance, sale, or lease of municipal parkland or recreational facilities to another entity, such as an adjoining property owner, a developer, or a school district, which results in the facility no longer being used for public park and recreation purposes.
  • The lease of municipal park or recreational facilities even though the resource may continue to be used for public park and recreational purposes.
  • The use of parkland by a municipality for a non-park purpose, such as for a water filtration facility, a landfill, a museum, senior housing, temporary parking of police or municipal vehicles, or street construction.
  • Restricting to local residents the use of recreational facilities that had previously been open to all persons.
  • Failure to keep a public park or recreational facility equally open to the public. A public park or recreational facility must be open to the public on an equitable basis. Where availability of public facilities is limited, such as with ball fields or marina berths, the use of facilities should be determined by some method which gives everyone the same opportunity for access, such as assignment on a “first-come, first-served” basis, or by using a lottery system.

North East

These are considered to be non-alienations:

  • The construction and subsequent issuance of a revocable license for the operation of a park facility such as a cafe, snack bar, parking, or for a boat rental service which serves park patrons in connection with their use of the park.
  • A revocable permit for the use of park facilities for a special program or function, such as an arts and crafts fair, or a permit of greater duration for the temporary use of park facilities which are not otherwise being used by the public. The permit should contain a provision that it may be revoked at-will by the municipality. A temporary use should not be allowed to lapse into a permanent one.
  • The operation of a public park or recreational facility by a private concern. A public park and recreational facility need not be operated by a public entity, but may be a facility operated by a private, profit-making concern on behalf of a municipality under a lease or license agreement. To remain a public facility, the agreement must serve a public purpose, and must not result in exclusively private use. Also, the use must be one that is compatible and appropriate for the park or recreational area in question.
  • Charging ìuse fees, as long as they are reasonable and non-discriminatory. Where use fees are charged, whether by a public or private operator, they should not be in excess of those charged for comparable facilities in the area. A municipality may charge persons who are not residents of the community higher fees than it charges to residents, but case law suggests that non-resident fees should not substantially exceed the comparable fees assessed to residents.

Land Use Classifications in Adirondack Forest Preserve

These definations are from the Adirondack Park State Land Master Plan.

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Wild Forest.

A wild forest area is an area where the resources permit a somewhat higher degree of human use than in wilderness, primitive or canoe areas, while retaining an essentially wild character. A wild forest area is further defined as an area that frequently lacks the sense of remoteness of wilderness, primitive or canoe areas and that permits a wide variety of outdoor recreation.

Towards Indian Lake

To the extent that state lands classified as wild forest were given or devised to the state for silvicultural or wildlife management purposes pursuant to statutory provisions specifying that these lands will not form part of the forest preserve (if such provisions are constitutional), the following guidelines are not to be interpreted to prevent silvicultural or wildlife management practices on these lands, provided that other guidelines for wild forest land are respected.

Those areas classified as wild forest are generally less fragile, ecologically, than the wilderness and primitive areas. Because the resources of these areas can withstand more human impact, these areas should accommodate much of the future use of the Adirondack forest preserve. The scenic attributes and the variety of uses to which these areas lend themselves provide a challenge to the recreation planner. Within constitutional constraints, those types of outdoor recreation that afford enjoyment without destroying the wild forest character or natural resource quality should be encouraged.

Many of these areas are under-utilized. For example the crescent of wild forest areas from Lewis County south and east through Old Forge, southern Hamilton and northern Fulton Counties and north and east to the Lake George vicinity can and should afford extensive outdoor recreation readily accessible from the primary east-west transportation and population axis of New York State.

Snowy Mountain

Wilderness.

A wilderness area, in contrast with those areas where man and his own works dominate the landscape, is an area where the earth and its community of life are untrammeled by man–where man himself is a visitor who does not remain.

A wilderness area is further defined to mean an area of state land or water having a primeval character, without significant improvement or permanent human habitation, which is protected and managed so as to preserve, enhance and restore, where necessary, its natural conditions, and which:

(1) generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable;

(2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation;

(3) has at least ten thousand acres of contiguous land and water or is of sufficient size and character as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological or other features of scientific, educational, scenic or historical value.

Crane Pond from Pharaoh Mountain

Significant portions of the state lands within the Park are in a wilderness or near-wilderness condition today. These areas constitute nearly 20% of all designated federal and state wilderness east of the Rocky Mountains and 85% of the designated wilderness in the eleven northeastern states. At the time of the original enactment of this master plan, a majority of these areas contained some structures and improvements or were subjected to uses by the public or by official personnel that were incompatible with wilderness. However, the extent of these non-conforming uses was very modest from the standpoint of the total acreage involved. Since 1972 all but a few of those non-conforming uses have been removed by the Department of Environmental Conservation.

Gothics

Primative Area.

A primitive area is an area of land or water that is either:

1. Essentially wilderness in character but, (a) contains structures, improvements, or uses that are inconsistent with wilderness, as defined, and whose removal, though a long term objective, cannot be provided for by a fixed deadline, and/or, (b) contains, or is contiguous to, private lands that are of a size and influence to prevent wilderness designation; or,

2. Of a size and character not meeting wilderness standards, but where the fragility of the resource or other factors require wilderness management.

Northeast Tip

The definition recognizes two basic types of primitive areas: (i) where the ultimate goal is clearly to upgrade the area to wilderness at some future time, however distant, when the non-conforming uses can be removed and/or acquisition of private tracts is accomplished, and, (ii) where eventual wilderness classification is impossible or extremely unlikely.

An example of the first type would be the existence of a fire tower and associated structures and improvements (observer cabins, telephone lines, etc.) whose precise date of removal cannot be ascertained until the new aerial surveillance program of the Department of Environmental Conservation is fully implemented and communication systems modernized. Another example would be a private or minor public road traversing a tract otherwise suitable for wilderness designation or separating such an area from a designated wilderness. Finally, an extensive private inholding or a series of smaller private inholdings whose eventual acquisition is desirable but cannot now be provided for, might so affect a potential wilderness area as to require primitive designation.

Lows Ledge

The second type includes smaller tracts that are most unlikely to attain wilderness standards, such as a small island in close proximity to a highly developed shoreline, or larger tracts with non-conforming uses, such as a railroad or major public highway, that are essentially permanent, but where in each case the high quality or fragility of the resource requires wilderness management.

The definition recognizes two basic types of primitive areas: (i) where the ultimate goal is clearly to upgrade the area to wilderness at some future time, however distant, when the non-conforming uses can be removed and/or acquisition of private tracts is accomplished, and, (ii) where eventual wilderness classification is impossible or extremely unlikely.

Wakley Fire Tower

An example of the first type would be the existence of a fire tower and associated structures and improvements (observer cabins, telephone lines, etc.) whose precise date of removal cannot be ascertained until the new aerial surveillance program of the Department of Environmental Conservation is fully implemented and communication systems modernized. Another example would be a private or minor public road traversing a tract otherwise suitable for wilderness designation or separating such an area from a designated wilderness. Finally, an extensive private inholding or a series of smaller private inholdings whose eventual acquisition is desirable but cannot now be provided for, might so affect a potential wilderness area as to require primitive designation.

The second type includes smaller tracts that are most unlikely to attain wilderness standards, such as a small island in close proximity to a highly developed shoreline, or larger tracts with non-conforming uses, such as a railroad or major public highway, that are essentially permanent, but where in each case the high quality or fragility of the resource requires wilderness management.

Lows Ledge

Canoe Area.

A canoe area is an area where the watercourses or the number and proximity of lakes and ponds make possible a remote and unconfined type of water-oriented recreation in an essentially wilderness setting.

The terrain associated with parcels meeting the above definition is generally ideally suited to ski touring and snowshoeing in the winter months.

Long Pond Entrance