State: Development may threaten owls


By SARAH SUTTON
ssutton@poststar.com
Tuesday, May 22, 2007 1:06 AM EDT

FORT EDWARD -- State environmental officials have told the town of Fort
Edward that the planned Killian's View subdivision could decimate the
town's population of endangered short-eared owls.

A letter to the town dated May 4, from Kenneth Kogut, regional wildlife
manager with the state Department of Environmental Conservation, states
that construction of the subdivision could result in an increased number of
deaths among both the endangered short-eared owls and northern harrier,
which is a threatened species in New York state.

Both birds live in the 13,000-acre Important Bird Area, which stretches
through Fort Edward and into parts of Argyle. The proposed development is
located in the bird area off Route 197, just southeast of the village of
Fort Edward.

A local group called Do It Right is hoping the announcement will convince
Killian's View project developer Michael Dennis to back out of his plans.

But Dennis, who purchased the 240-acre parcel on Killian Lane several years
ago, said he has scaled down the project since releasing plans to the DEC
and said he hopes it will now meet standards.

"When we met with DEC about a year-and-a-half ago, we brought with us a
basic preliminary plan," Dennis said. "Since then,

obviously the plan has changed hugely."

Dennis had originally planned to construct 440 homes on the property, but
after pressure from neighbors, he scaled the project down to 450
multi-family units divided between two- and three-unit townhouses. The
units will likely sell for between $190,000 and $220,000, he said.

Building townhouses instead of single-family homes will free up 158-acres
of undeveloped land that the endangered owls use as a nesting area and help
preserve the birds' habitat, Dennis said.

The subdivision, if approved by the Fort Edward Planning Board, would be
Washington County's largest development.

"We're not saying that the project is a no-go; we're just saying, as it
currently stands, some changes need to be made," said Dave Winchell, a
spokesman for the DEC.

He said when Dennis submits new plans, the DEC will examine them to ensure
the subdivision would have little impact on the endangered species.

Over the winter, at least two owls were killed by cars, and a significant
increase in traffic on area roads could cause additional deaths and
significantly harm the owl population, Kogut wrote in his letter to the
town.

"This is their primary foraging habitat, and they fly low looking for mice
and voles," said Sean Mahar, associate director of conservation for the
Audubon Society. Sometimes they cross roads, he said, and don't see the
cars.

According to state law, the "take" of an endangered or threatened species
is prohibited.

"Under certain circumstances the loss of habitats may be determined to be
'take,' " Kogut wrote in the letter.

Jim Durller, a neighbor of the proposed subdivision and founder of the Do
it Right group, said he believes the developer should cancel his plans for
the project.

"With this hurdle, I can't see why the developer would want to go forward,"
he said. "This one, I would believe, is fatal."

The land on Killian Lane, Durller said, could be better used as an
eco-tourism site in the town.

"We've got a unique spot. We've got endangered and threatened species
here," he said. "Year-round, from the late fall through the spring, they're
here. We have a real responsibility to be stewards."

Fort Edward Supervisor Merrilyn Pulver said both the Town Board and the
Planning Board will meet with the DEC in the near future, as was suggested
in the letter. She said maintaining a balance between those who are opposed
to development and farmers who wish to sell their land is difficult.

"These are always difficult issues, and we welcome the assistance from the
DEC," she said.

Dennis is in the process of completing an environmental impact study. He
recently hired two experts to conduct a bird study of the area, and they
reported that, by preserving some of the land, the bird habitat will not be
adversely impacted.

He plans to meet with DEC scientists next week to update them on the
changes to the project.

The risks

According to the state Department of Environmental Conservation,
construction of the Killian's View subdivision could pose the following
risks to Fort Edward's short-eared owl population:

-- Loss of important foraging and roosting habitat

-- Increased mortality from collisions with motor vehicles

-- The inducement of additional growth and development to the area,
resulting in further danger to the owls' habitat

-- The eventual loss of short-eared owls from the Fort Edward Important
Bird Area.

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