In a three-page response sent Monday, the counties said the petition was served Dec. 12, 2008, constituting advance notice of 27 days prior to the regularly scheduled January APA meeting.

“Instead, the agency sent the dismissal letter received by us,” the counties said. “On Dec. 30, 2008, and then, two days later, abnormally cancelled the regularly scheduled agency meeting set for Jan. 8 through 9. …The petition served on Dec. 12, 2008, was a very important ‘agenda item’ for the January meeting.”

In dismissing the petition, APA claims no section of the APA Act “provides for reconsideration after the rule-making action is final.”

Reconsideration is only done in project review, APA said, “which this (county petition) is not.”

The agency said they have not addressed the legal arguments presented by the counties, “and your petition for reconsideration or an administrative declaratory ruling will not be acted upon.”

NON-CONFORMING

The controversial shoreline regulation was adopted Nov. 14, 2008.

It eliminated a grandfather clause granting rights for private Adirondack property owners to build additions — without APA variance — on “non-conforming,” waterfront property in place before 1973.

Non-conforming is APA legal language for camps and houses built inside waterfront zoning setbacks before the APA Act was written.

Additions less than 250 square feet are exempted from APA review.

ADVERSE IMPACT

Many waterfront-property owners, town and county officials believe the regulation adversely impacts real-property values — thence town and county tax rolls — and real estate and construction markets in the park.

Environmental groups have come out in support of the new shoreline rule, since it also formally requires wastewater-treatment system upgrades and certified engineering design with all new shorefront construction, a move they say safeguards water quality in the Adirondacks.