BILL NUMBER: S8807                Revised 4/20/2022

SPONSOR: BROOKS
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 14 of the constitution in relation to the
exchange of lands in the state forest preserve

 
PURPOSE:

To secure first passage of a concurrent resolution to amend Article XIV,
Section 1 of the New York State Constitution to authorize a land
exchange that will add 480 acres to the Forest Preserve on Cathead Moun-
tain in the southern Adirondacks, provide public access to the historic
Cathead Mountain fire tower, provide for the permanent conservation of
424 acres of private land on the mountain, provide the State with a
right of first refusal over 366 acres of private land, and provide for
public health and safety by authorizing emergency communications equip-
ment on the mountain with reliable access and power.

 
SUMMARY OF PROVISIONS:
              

The concurrent resolution authorizes a land exchange in which the state
will accept:

For inclusion in the Forest Preserve, fee title to approximately 480
acres of land contained in Lots 122, 165 and 172,. Benson Tract, on
Cathead Mountain, from the Hatchbrook Sportsmen Club.

Easements from the Hatchbrook Sportsmen Club and the Thomas Gang provid-
ing public trail access to the summit of Cathead Mountain, including
access to a historic fire tower situated thereon.

A conservation easement restricting development on approximately 320
acres of private land contained in Lots 166 and 167, Benson Tract owned
by the Hatchbrook Sportsmen Club.

A conservation easement restricting development on approximately 58
acres of land in Lot 113 owned by the Thomas Gang, Inc.

Easements from the Hatchbrook Sportsmen Club and the Thomas Gang ensur-
ing the presence of reliably powered and maintained emergency communi-
cation equipment on Cathead Mountain, including motorized access and
utilities thereto, by the state and local governments for public health
and safety purposes.

For inclusion in the Forest Preserve, not less than 100 acres of land
suitable for inclusion in the forest preserve from Hamilton County,
subject to legislative approval.

In exchange for these conveyances, the State will convey to the Thomas
Gang, Inc. a total of 46 acres of land in Lot 120, Benson Tract,
provided that the State will reserve a conservation easement over such
land, a right of first refusal to acquire such land in the future, and
an easement for utilities and motor vehicle use for the purpose of
reaching the emergency communications equipment on the summit.


In summary, the State will receive in fee simple a total of 580 acres
for inclusion in the Forest Preserve, conservation easements over 424
acres of private land, two hiking trail easements to the fire tower, and
an easement that will provide for the installation of emergency communi-
cation equipment, including motorized access and power thereto, in
exchange for conveying 46 acres of land to the Thomas Gang,
Inc.Considering only the fee title exchange authorized by the amendment,
the State will receive title to 580 acres of land while conveying 46
acres to the Thomas Gang, Inc., a more than 12 to 1 land exchange ratio.

 
JUSTIFICATION:

The southern part of the Adirondack Park is underutilized by the recre-
ating public, in part because few mountaintops in the area provide the
public with the opportunity to enjoy scenic vistas.  Although Cathead
Mountain contains an old fire tower providing an outstanding panoramic
vista of the southern Adirondacks which was once a popular hiking desti-
nation, it is located on private land and has been c losed to the public
for nearly 25 years. This amendment would allow the public to once again
enjoy the view from the fire tower by acquiring easements providing
public trails to the tower from two directions: Grant Lake, located on
Forest Preserve land to the west of Cathead Mountain; and North Road,
located to the south of Cathead Mountain. Providing the public with
access to Cathead Mountain fire tower views would provide hikers with an
outstanding view of the southern Adirondacks which is otherwise unavail-
able, and could thereby help to channel hikers away from the overly
utilized High Peaks region of the Park.

To ensure that the scenic and ecological values of the mountaintop are
protected in perpetuity, the State will also acquire for inclusion in
the Forest Preserve a total of 480 acres of land in fee simple on the
mountain and acquire conservation easements restricting development on
320 acres of private land on the mountain, including its summit.

The mountainous nature of the Adirondack Park and the remoteness of
local communities pose significant challenges to ensuring reliable emer-
gency communications systems for municipalities, the State Police, and
the Department of Environmental Conservation.However, Cathead Mountain
is uniquely situated to meet critical public health and safety communi-
cation needs in the southern area of the Adirondack Park. Currently,
communications equipment owned by the Department of Environmental
Conservation and the State Police are co-located on an old existing
Department fire tower on the summit of the mountain. Lease payments are
made by the State to the Hatchbrook Sportsmen Club for this use.Hamilton
County does not currently have any emergency communications equipment on
the mountain, causing a "dead zone" for County emergency communications
which creates a serious public health and safety concern.

Although motor vehicle access and a consistent and reliable source of
power are essential to ensuring the reliability of emergency communi-
cations equipment, neither are currently available for the equipment on
Cathead Mountain due to both Adirondack Park State Land Master Plan
classification guidelines and Article XIV, Section 1 "forever wild"
provisions of the State Constitution. Consequently, unreliable power to
the tower is now provided by unsightly solar panels, a wind turbine and
a generator which clutter up the area around the fire tower, detracting
from its scenic beauty and ecological value. To more fully and reliably
serve the emergency communication needs of the region and reduce the
existing eyesore footprint on the mountain, the amendment would enable
Hamilton County to erect a new tower at a site on private land on the
mountain just to the north of the current fire tower, co-locating all
emergency communications systems now located on the fire tower to this
new site. The amendment would allow power to be provided to the site by
an electrical cable that is located either underground or on the surface
of the ground (and not on above-ground poles), thereby eliminating the
need for current on-site unsightly power sources, and allow motor vehi-
cle access to the site without violating Adirondack Park Master Plan
guidelines or forever wild restrictions.Under the amendment, both the
power line and motorized access to the tower could traverse private land
not subject to guidelines of the Adirondack Park State Land Master Plan
or "forever wild" provisions in the Constitution.

This concurrent resolution will secure initial passage of a constitu-
tional amendment that will holistically resolve these issues by allowing
the public to once again hike to the summit of the mountain, protect the
mountain's scenic and ecological qualities by state acquisition of 580
acres of land to the Forest Preserve conservation easements over 366
acres of private land, and allow Hamilton County to construct a new
emergency communications tower on the summit servicing both the state
and the county, providing motorized access and a stable source of power
to the tower.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
concurrent resolution of the senate and assembly proposing an amendment
to section 1 of article 14 of the constitution, in relation to Cathead
Mountain takes effect in accordance with section 1 of article 19 of the
constitution.