Lake George Park Commission

Meeting #332

26 April 2005

Holiday Inn

Lake George, NY





PRESIDING:                                           Bruce E. Young, Chair


COMMISSION MEMBERS PRESENT:  Margaret M. Stewart

                                                                Anthony P. Reale

                                                                Joan A. Robertson

                                                                John Pettica, Jr. 

                                                                Thomas K. Conerty

                                                                Roger H. Phinney

                                                                (Erin M. Crotty, DEC Commissioner)

                                                                Tom Hall, representing


COMMISSION MEMBERS ABSENT:     Shauna M. DeSantis

                                                                John C. McDonald

 

COMMISSION STAFF PRESENT:         Michael P. White, Executive Director

                                                                Lt. Joseph H. Schneider, Director Law Enforcement

                                                                Keith Fish, Operation’s Director

                                                                Roger Smith, Conservation Operations Supervisor I 

                                                                Molly Gallagher, Environmental Analyst I

                                                                J. Thomas Wardell, Senior Sanitary Engineer

                                                                Peggy Stevens, Principal Account Clerk

                                                                Michelle Way, Keyboard Specialist I


OTHERS PRESENT:

 

David J. Decker                                       Mary Alice Leary                                      Chris Navitsky

Timothy Holmes                                      Robert Lutsberg                                       Thomas Denardo

Mike Ravalli                                             Robert Badenoch                                    Richard Timberlake

Joanne Gallagher                                    Joseph Gallagher                                    Joe Fuerst

Jon Oakman                                            Kim Bender                                              Kara Lois 

Matt Fuller                                               Anthony Hall                                            Dennis MacElroy

Nick Lamando                                         Ken Pala                                                  Mary Ann Eaton

Angeline Whisher                                    Brad Whisher                                           Ron Montesi

Sharon Borgos                                        Carol Collins                                            Jeff Provost

Joe Boltz                                                  Susan Young



Item #1 - Introductions, Roll Call, Minutes of Meeting

 

The 332nd meeting of the Lake George Park Commission was called to order by Chairman Young at 10:00 a.m. and the roll was taken.

 

Mr. Young said that the minutes of the previous meeting were distributed in advance of this meeting to Commission members for their review. He asked if there were any corrections or additions.

 

Upon the motion of Roger Phinney, seconded by Maggie Stewart, all Commission members present voted affirmatively to approve the minutes of Meeting #331 as submitted.

  

Item #2 - Project Review - Public Comments on Pending Applications:

               Maggie Stewart

  

Molly Gallagher read a prepared statement (attached) on Project Review procedures.

 

Matter of Wharf Construction submitted by Thomas Eliopolous, Town of Putnam, County of Washington – #5346-25-04

 

Maggie Stewart introduced the first project. She said that the project is located in the Town of Putnam, County of Washington.

 

Molly Gallagher said that she handed out some additional public comments that she has received on this project. She also passed around some photos that were taken when she visited the site.

 

Molly Gallagher said that the project is to construct a 32 foot wide 91 foot U-shaped, stake supported wharf. She said that the wharf is proposed to be built on a vacant lake front parcel and that the parcel is a rather unusual hour glass shaped parcel that is connected to a previously approved subdivision in the Town of Putnam. In 1910 there was a 106 lot subdivision approved there. Five of those lots would receive deeded access to this dock so it is considered an association dock.

 

Molly Gallagher also said that this is one of the first brand new association docks that we (Lake George Park Commission) have ever looked at so there are several issues that need to be considered before a decision can be made.

 

Molly Gallagher said that the project needs to be carefully reviewed under the State Environmental Quality Review Act to determine the environmental impacts of approving a dock which would then be tied to five upland parcels. She said that one of the reasons she put this application on the agenda was to seek legal counsel as to whether we need to look at just the impacts of the boats on the dock or if we have to look at the impacts of the development of the lots that will be tied to the dock.

 

Robert Lutsberg, representing the applicant, said that Mr. Eliopolous purchased his property about twenty years ago and it was a pre-existing subdivision. He said Mr. Eliopolous purchased all of the subdivision and all of the rights of the subdivision.

 

Mr. Lutsberg said that when the subdivision was developed there were a number of back lots as well as lake lots. He said that most of the lake lots in the original subdivision were sold but they retained some of the lake lots for access for the back lots when they initially developed the subdivision.

 

He said that some of the people who have submitted comments are in fact people who are part of the original subdivision and received swimming rights, access to fifty or one hundred feet of the lake through this lot. He said he believes that this is not the only lot in the subdivision where other people who have poor lake frontage or no lake frontage have access.

 

Mr. Lutsberg said that Mr. Eliopolous went through a process with the Adirondack Park Agency and he attempted to scrap the old subdivision and start a new one. He basically wanted to cluster and put town houses in and for a number of reasons he gave up before the agency voted on it and he went back and withdrew his application. The agency came back to him and they said we are informing you that this is a pre-existing subdivision and you have a right to sell those lots but you must comply with the lot lines as in accordance with the pre-existing subdivision. Mr. Lutsberg said that this is exactly what Mr. Eliopolous is going to be doing. Mr. Eliopolous will be selling the lots clustering them together because the lots are very small. He said that the value of the back lots will be greatly diminished if there is no lake access.

 

Mr. Lutsberg said that Mr. Eliopolous is proposing to take a piece of property that was specifically left in the subdivision and he is using that to give people who are purchasing back lots access to the lake. Mr. Lutsberg said that he knows most people are looking at this as an expansion but the way he sees it, it is a limiting factor. He said the dock is limiting the number of people who are going to be getting access to the dock. The dock will accommodate five boat slips. He said this is the number of people who will have access to the lake in the future.

 

Mr. Lutsberg said that Mr. Eliopolous and his surveyor have been working with Molly Gallagher to ensure that the dock itself meets all the requirements of the rules and regulations.

 

Robert Lutsberg said that they do not see the parking as an issue because the road is only 20 feet wide. He believes that most people will be walking down to the lake to get to their boats or taking golf carts to the lake.

 

Martin Auffredou, legal counsel for the Park Commission, asked what is the status of the creation of the association?

 

Mr. Lutsberg said Mr. Eliopolous wasn’t going to create an association but under the rules the dock must be registered as an association or as personal use. Mr. Eliopolous is going to include a right of access and utilization of this dock in the deed.

 

 

 

Roger Phinney said that there seems to be some confusion on what the use of this dock is. He referred to a letter dated March 7, 2005, written by Mr. Eliopolous stating that he has no need to modify his dock application.

 

A discussion followed which included the intended use of the proposed dock, the sale of the lots in accordance with the pre-existing lot lines and his intention to sell the interest in this dock to the people he sells the lots to. The discussion also included what involvement the APA has with this subdivision.

 

Bruce Young asked if there was anyone here to speak against the project?

 

Chris Navitsky, speaking against the project, said that he has some written comments he would like to submit for record of the application. He said that he had some confusion as to whether this dock is being used as a residential dock or as an association dock and what types of requirements are needed. He said this site has a number of constraints such as, topography, dimensional, and a concern of providing the amenities needed.

 

His next point is that the Park Commission is currently in the process of determining the need for stream corridor protection. He said that this parcel is extremely narrow and access to the dock complex would run along the banks of Laurel Brook and disturb the buffer that currently exists. The buffers are needed for water quality protection for filtration and protection of the banks from erosion.

 

He said that DEC did a study of calcium levels of streams tributary to Lake George and it was funded by the Fund for Lake George. Laurel Brook is one of the 19 most suitable sites for the potential of zebra mussel colonization and the fourth highest mean ambient value of calcium. Also there has not been a determination of spawning in that vicinity for native fish that may be using the brook.

 

Matthew Fuller, representing Glenburnie Cottages Association and some of the owners who have deeded access to this property, said that he was also a little confused about the use of the proposed dock. He said now that it is concretely an association he would like to submit some additional written comments.

 

He said that he believes the Commission should know what five lots will receive deeded access to this dock. He said whether or not an association needs to file with the Attorney General’s Office he believes this will definitely need a CPS-7 to be filed with the Commission. He said he believes the Martin Act will apply to this association.

 

Mr. Fuller also had some questions as to whether the access that is going to be deeded will be limited to the docks or are they going to grant other lots swimming access in addition to the dock rights?

 

Mr. Fuller said that he agrees with Mr. Navitsky about the spawning activities in the brook. He said one of the associations concerns is that this has not been studied for spawning activity and that the mouth has become somewhat degraded due to sedimentation and that some type of study has to be done.

 

The Chair asked if there were any further comments on this application and received no response.

 

Matter of Variance Request for Wharf Construction submitted by Bradley Whisher & Mary Ann Eaton, Town of Hague, County of Warren – # 5226-4-05

 

Molly Gallagher introduced this project. She said it is an application to install a single straight pier that is 36 feet long and 4 feet wide. This dock would be an articulating dock. An articulating dock is a dock that is raised up during the winter months.

 

Molly Gallagher said that this project is on a parcel that has 61 feet of lake front and it was subdivided from the Indian Kettles Restaurant now known as The View.

 

Molly said Mr. Wisher would need a variance from the property line set backs because of the perpendicular line. Mr. Whisher was previously issued a variance for docks on the Indian Kettles Restaurant property when it was all one lake front.

 

Molly Gallagher said that one of our determinations is going to be whether or not we use the pre subdivision lake frontage to determine how many docks can be put on this property or if we can use the post subdivision lake front. She said this will determine if he needs an additional variance from the number of docks.

 

Molly made mention to a boat lift that was on the Whisher property but was not included in the application. Mr. Whisher said they would like to include the boat lift in the application.

 

Mr. Whisher said the Indian Kettles started in 1947 and has had many docks in the same location including a dock for the Mohican.

 

The Commissioners discussed the project. The discussion included the water supply to the Whisher house and a previous variance that was issued to the Indian Kettles Restaurant.

 

The Chair asked if there were any further comments on this application and received no response.

 

Matter of Variance Request for Wharf Modification submitted by Scrimshaw Ventures Homeowners, Town of Lake George, County of Warren - #5222-5-05

 

Molly Gallagher introduced this project. She said that the property is located in Lake George Village. Molly said she could tell by the comment letters we received that there is some confusion on the way we are handling the application.

 

Molly explained that Scrimshaw Ventures Homeowners Association had received a permit in 1984 from the Department of Environmental Conservation and the Adirondack Park Agency to place 3 U-shaped docks a couple hundred feet out into the lake. Molly said during the term of that permit they installed only one U-shaped dock. She said the dock is a seasonal dock, put out in the summer months.

 

Molly said that they are proposing to remove that U-shaped dock and get rid of its grandfathered status and construct a 101 foot long, 40 feet wide L-shaped stake supported wharf. She said the reason it meets our 100'limit is because one foot of the dock will be on land.

 

Molly said that this dock does comply with all of our limitations except for the fact that the APA has determined the entire lake frontage wetlands and because of this the lake frontage does not count towards the number of docks they can have. Molly said the reason we have called this a wharf modification is because they are basically removing the U-shaped dock and putting out the new L-shaped dock. Molly said that the water here is way too shallow and you will not see many boats docked here.

 

Molly Gallagher asked if there was any one here to speak in favor of this project.

 

Jeff Provost, Dock Doctors Agent for Scrimshaw Ventures, said he would be happy to answer any questions anyone may have on the project. He said the main goal was to try to get access to the water and get the dock out of the middle of the lake. He said the only type of crafts in the area are small, human powered crafts because it is so shallow.

 

Mr. Provost said they have talked to the APA and they will require a modification to their existing permit to change the U-shaped dock to the L-shaped dock. He said they have not proceeded with that yet.

 

Mr. Provost said that this dock is not intended to accommodate everyone in the Association. He said this is really a shallow water access for small boats such as canoes, row boats and maybe even a pontoon boat. He said this area doesn’t have the depth to allow larger boats to dock there.

 

Molly said she sent out comment letters to the homeowners at Scrimshaw Ventures and she did not receive any negative comments. She also sent out comment letters to the adjacent homeowners.

 

The chair asked if there was anyone else to speak on the project.

 

Mary Alice Leary, speaking against the project, said she is one of the Lochlea Partners and she said they have some reservations about this application. She said the Lochlea Partners is a family partnership that owns property on Lake George at the mouth of English Brook.

 

She said due to the proximity of their property to the applicant’s and due to the size of the project Lochlea Partners would be directly affected by construction of the proposed dock. Mary Alice also said that the application makes no mention of how many boats would be allowed on this dock and that the proposed use for the dock is residential but because of the fact that there are currently nine homes it should be considered association use.

 

Mary Alice said that there would be a significant negative effect on the environment and wetlands near this proposed dock. Multiple boat berths in this shallow cove would have an adverse impact on water quality because of the petroleum products that would be generated. She said many row boats, canoes and small craft use this shallow area and any increased traffic to and from the proposed dock could cause a navigational hazard.

 

Mary Alice asked that this application be denied.

 

A discussion followed amongst the Commission members about what type of dock is currently in place and on the modifications that will be made if the application is approved.

 

Chris Navitsky, Lake George Waterkeeper, said he has some questions about amenities that may be needed with this application. He also said he has questions about the wetlands to the north and asked if there will be encroachment. He also asked about parking spaces that may be needed.

 

Tom DeNardo, Scrimshaw Association member, said that he wanted to clarify that there will be no parking in the development and access to the dock will be for homeowners only. He said he is in favor of the application. He believes that this will be good for the association.

 

The Chair asked if there were any further comments on this application and received no response.

 

Matter of Variance Request for Wharf Modification submitted by Edgemere LLC, Town of Fort Ann, County of Washington- #5328-11-05 & 5328-12-05

 

Molly Gallagher introduced the last project. She said this is an application from Edgemere LLC represented by Steve Lamando. They are looking to construct a 60 foot long, 47 feet wide, 3 dock complex. Molly said this would be considered 3 docks and this is the limit on the number of docks they can have.

 

Howard Krantz, representing Edgemere LLC, said he provided a detailed application for this variance due to the contour of the property. He said they have a very unique shoreline and with the unique angle of the neighbor to the east they need a variance from the regulation for the 20 foot setback. He said without the variance approximately three quarters of this lakefront cannot be used for siting of this E-shaped dock.

 

Mr. Krantz said the only comments they have heard from the neighbors on the east (Whalen property) was that they had no objection on the wharf and no objection to the location but they would prefer that the stairs that are going to access the deck be on the west side of the boathouse rather than the east side.

 

Mr. Krantz said the neighbor on the west (Peter Simon) also likes the location of the wharf. He said the only other comment they heard was from Dick Bartlett, who owns a property on the island. Mr. Krantz said Mr. Bartlett has no objections to the wharf but would like to see the elevations of the proposed wharf.

 

A discussion amongst Commission members, Mr. Krantz, Mr. MacElroy and Molly followed. They discussed the modification of the dock and the appraisal report the Commission received from Mrs. Lapham.

 

Item #3 - Fiscal Actions Reports: Peggy stevens

 

Chairman Young said that the report on fiscal affairs are not available because the accounting system was down for approximately two to three weeks.

 

Item #4 - Report of Nominating Committee and Election of Officers: Margaret M. Stewart

 

Margaret Stewart gave her report as Chairman of the Nominating Committee. She said that they do have a slate of officers proposed.

 

Margaret Stewart made a motion for placement of the following Commission members for nomination:

 

         Chairman:                       Bruce E. Young

         Vice-Chairman:               Thomas K. Conerty

         Secretary/Treasurer:      Joan A. Robertson

 

The motion was seconded by Anthony Reale, all Commission members present voted affirmatively.

  

Item #5 - Project Review: Resolutions

 

Resolution 2005-24 - Project Review Report

 

Maggie Stewart read and moved to approve Resolution 2005-24 which directs that the Project Review Report be incorporated in full in the minutes of the full Commission meeting. The motion was seconded by Joan Robertson and all members present voted affirmatively.

 

The Chair explained that there are usually two resolutions for each project, one to approve and one to deny. The reading of one does not necessarily mean that will be the resolution voted upon, he said.

 

Resolution 2005-25 - Thomas Eliopoulos

 

Commission members and Martin Auffredou discussed this application. Discussion included how many lots will be sold and how many slips will be on this dock; development of lots; stormwater impacts; wastewater impacts and the fact that additional information is required.

 

Martin Auffredou said he does not believe the Commission has enough information to make a decision at this time.

 

Resolution 2005-25 was introduced by Maggie Stewart and seconded by Joan Robertson.

 

 

Resolution 2005-25, Meeting #332, April 26, 2005

Table Application


            

Application #5346-25-04

Location           Blair’s Bay, Glenburnie, Town of Putnam

Applicant         Thomas Eliopoulos

 

 

WHEREAS       the Project Review Committee has reviewed the application, supporting documents, comments received and other information which appears in the record; and

 

WHEREAS       the project (dock construction) is proposed to be an accessory use to a pre-approved 106 lot subdivision. Up to 5 berthing spaces would be granted by deed to 5 lots of the subdivision.

 

WHEREAS       the Commission must make a determination under the State Environmental Quality Review Act (SEQRA) prior to determining the application complete; stimulate

 

WHEREAS       SEQRA states, in pertinent part, the following: 

                         617.3 GENERAL RULES.

(g)Actions commonly consist of a set of activities or steps. The entire set of activities or steps must be considered the action, whether the agency decision-making relates to the action as a whole or to only a part of it.

(1)Considering only a part or segment of an action is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance, and any subsequent EIS, the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible.

 

WHEREAS       granting of a permit for an association dock would increase the value of the lots to which deeded access would then be available, and thereby induce growth in the community by five new homes; and

 

WHEREAS       development of the upland lots would require permitting by both the Adirondack Park Agency and the Commission; and

 

WHEREAS       the Commission has determined that it would be contrary to the purpose of SEQRA to base its review on the impacts of the dock & boat traffic without considering the upland development which it would stimulate;

 

Therefore, The Lake George Park Commission hereby resolves to table this application and require the preparation of a Full Environmental Assessment Form and further details on the involved lots, including wastewater & stormwater plans.

 

All Commission members voted affirmatively and the resolution was adopted as read.

 

Resolution 2005-26 - Bradley Whisher & Mary Ann Eaton

 

Maggie Stewart said that the she doesn’t believe that the Whisher’s have shown any kind of hardship in order to get a variance. She said that she wanted to know what the source of the water for the house was and she also believes there should be some better stormwater containment there.

 

Martin Auffredou said that his concern when he looked at the application for a variance was that he didn’t see any unique or peculiar conditions.

 

Bruce Young asked “when they were redoing the docks and wanted to put this dock in at the same time before it was subdivided would this have satisfied the number of docks on the property?”

 

Molly Gallagher said that they could not have put this dock in before the subdivision.

 

Tom Hall said his impression of this parcel at this point is that this is a dock that cannot be built and therefore should be denied. He also said that he would not be opposed to providing time for the applicant to provide additional information in support of the applicantion.

 

Tom Conerty said that he feels that this project should be tabled for more information.

 

Anthony Reale said he also believes the application should be tabled.

 

Bruce Young said he has more reservations than just the hardship. He says he has questions about the number of docks allowed on the pre-subdivision lot and questions on the site itself. He said he believes the waterfront needs stabilization.

 

Mr. Whisher asked to speak. He said that he does not believe that a new dock will disturb the area.

 

The Commission members continued to discuss the project. Upon further discussion they decided to table the application.

 

John Pettica made a motion to table this application to the May Commission meeting to allow the applicant time to provide additional information. The motion was seconded by Roger Phinney, all Commission members present voting affirmatively.

 

Resolution 2005-27 - Scrimshaw Ventures Homeowners Association

 

Bruce Young asked Martin Auffredou for his legal advice on whether a variance is needed.

 

Martin Auffredou said that the safer course of action is to require a variance for this project. He said we do have documented correspondence from the APA who has designated the entire lake frontage as wetlands.

 

Martin said his overall concern is if we approve a dock on this location will it open the door and allow them to come back and apply for more docks. He said if this dock is approved a condition should be put on this stating they can have no more docks.

 

A brief discussion followed among Commission members and Molly Gallagher. They decided to table this application pending more information on the wetland issue and the need for a variance.

 

Maggie Stewart made a motion to table this application to the May Commission meeting. The motion was seconded by Joan Robertson, all Commission members voting affirmatively.

 

Resolution 2005-28 - Edgemere, LLC

 

Bruce Young asked if anyone had any comments on the Edgemere application.

 

Maggie Stewart said the Project Review Committee went out and inspected the site. She said she believes this would be the perfect spot to place a dock. She said the plans looked good.

 

Joan Robertson said we would need to see how they are going to modify the plans, if they decide to do that.

 

Maggie Stewart made a motion to table this application to the May Commission meeting. The motion was seconded by Joan Robertson, all Commission members voting affirmatively.

 

Item #6 - Law Enforcement: Thomas K. Conerty

 

Mr. Conerty said that there was a Law Enforcement Committee meeting this morning and called upon Lt. Schneider for his report.

 

Lt. Schneider said that discussion included the fact that they only purchased one of the two motors that were approved to buy. He said they made provisions to make the other two last throughout the season. He said they have saved quite a bit of money.

 

Lt. Schneider said that through the generosity of Spencer Brand, from the Department of Environmental Conservation, has donated a solar designed repeater to use on Black Mountain which in turn is saving thousands of dollars.

 

Lt. Schneider said we have solved some of our portable radio problems with some existing equipment and some new equipment.

 

Lt. Schneider said he is in the process of working on a press release and an action plan regarding Log Bay Day festivities. He is also planning coordination with other law enforcement agencies around the lake.

 

Lt. Schneider said that there was an Executive Session where on-going enforcement cases were discussed.

 

Tom Conerty read and moved to approve Resolution 200-23 which accepts the report of the Law Enforcement Committee. The motion was seconded by Tony Reale and all Commission members present voted affirmatively.

 

Tom Conerty read and moved to approve Resolution 2005-30 which was seconded by Tony Reale, all Commission members present voting affirmatively.

 

WHEREAS       the Lake George Park Commission maintains an eight (8) vessel Marine Patrol force charged with ensuring the safety of the public as they use the waters of Lake George, and

 

WHEREAS       each marine vessel is equipped with a multi-channel law enforcement radio which enables officers to communicate with each other, the Commission office, other police and fire agencies and the Warren County Sheriff’s dispatcher, and

 

WHEREAS       the Patrol is required to respond in all conditions to calls for assistance including storms, fog and in darkness and that adequate radio communication is imperative for officer and public safety, and

 

WHEREAS       it is essential that the marine patrol radios be kept in good working order through a radio maintenance contract.

 

WHEREAS       the subject maintenance agreement would ensure that all regular maintenance and service activities required on both a scheduled and emerging basis are provided by competent personnel for a single fixed fee, and

 

WHEREAS       the cost of the agreement represents a savings over charges for service calls which might be expected over the course of a season.

 

 

NOW THEREFORE BE IT RESOLVED that the Commission hereby allocates funds in an amount not to exceed $1500.00 for the purchase of a radio maintenance contract with Adirondack 2-Way Radio, Inc. for the period of May 2005 through October 2005, and

 

FURTHER RESOLVES that the Executive Director is authorized to execute a purchase order for a radio maintenance contract consistent with the findings and requirements of the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.

 

Item #7 - Zebra Mussel Advisory: Michael P. White

 

Roger Phinney read and moved to approve resolution2005-22 which was seconded by Joan Robertson, all Commission Members present voting affirmatively.

 

WHEREAS       the Lake George Park Commission is established pursuant to Article 43 of the Environmental Conservation Law (ECL) to provide a means for people to preserve, protect and enhance the unique natural and scenic resources of Lake George, and

 

WHEREAS       Zebra Mussels are an invasive species which reproduce rapidly displacing native animals and fouling boats, docks, the lake bottom and virtually every underwater structure thereby causing extensive economic and ecologic damage, and

 

WHEREAS       the Commission has acknowledged that Zebra Mussels pose a significant threat to the health of Lake George and its use for recreation and tourism and that the threat of Zebra Mussel colonization looms large and is a matter of significant public concern warranting immediate and concerted action.

 

WHEREAS       during 2001, the Commission established the Zebra Mussel Prevention Participating Business Program and thereafter over 40 businesses have joined in a public information and prevention network, and

 

WHEREAS       the Commission has adopted Zebra Mussel prevention measures for boating, fishing, SCUBA and construction activities, and

 

 

NOW THEREFORE BE IT RESOLVED

that the Lake George Park Commission hereby issues a Zebra Mussel Alert for all areas of the lake, which is a special appeal to all citizens to undertake the prescribed precautions against Zebra Mussel introduction to Lake George, and

 

FURTHER RESOLVED

that the Commission authorize the continuance of the Zebra Mussel Prevention Program - Participating Business Program as a means to encourage a concerted and coordinated community action against the threat of Zebra Mussels, and

 

FURTHER RESOLVED

that the Commission authorizes the appointment of two marine inspectors to assist the public in complying with the zebra mussel precautions before launching, and

 

FURTHER RESOLVED

that the Commission authorizes the Chair, Executive Director and Counsel to provide for notice of this advisory with the broadest possible distribution of the advisory and to take whatever reasonable and necessary steps for the Commission to continue the Zebra Mussel Prevention Program.

 

Item #8 - Stormwater Local Planning Assistance Program: Michael P. White

 

John Pettica read and moved to approve Resolution 2005-20 which was seconded by Roger Phinney, all Commission members present voting affirmatively.

 

WHEREAS       the Lake George Park Commission is responsible under Article 43 of the Environmental Conservation Law to, among other things, preserve and protect the water quality of the lake and to develop and implement Stormwater Management plans, and

 

WHEREAS       Article 43, Section 43-0112 empowers the Commission to enter into agreements with local government for the preparation and implementation of stormwater management plans, and

 

 

WHEREAS       in order to effect the purposes of Article 43, the Commission has established the Stormwater Planning Local Assistance Program to provide grants to communities for activities and projects which advance the purposes of Section 43-0112, and

 

WHEREAS       the Commission has received a request by the Town of Fort Ann for a grant to implement a leading priority project of the Town’s stormwater management plan.

 

 

NOW THEREFORE BE IT RESOLVED that the Commission authorizes a grant in the amount not to exceed five thousand dollars ($5,000) from current year appropriations to the Town of Fort Ann for use in implementing a Stormwater Management project, and

 

 

BE IT FURTHER RESOLVED that the Chair is authorized to execute a Memorandum of Understanding between the Commission and the Town of Fort Ann to take such steps as are reasonable and necessary to carry out the project.

 

Tony Reale read and moved to approve Resolution 2005-21 which was seconded by Tom Conerty, all Commission members present voting affirmatively.

 

 

WHEREAS       the Lake George Park Commission is responsible under Article 43 of the Environmental Conservation Law to, among other things, preserve and protect the water quality of the lake and to develop and implement Stormwater Management plans, and

 

WHEREAS       Article 43, Section 43-0112 empowers the Commission to enter into agreements with local government for the preparation and implementation of stormwater management plans, and

 

 

WHEREAS       in order to effect the purposes of Article 43, the Commission has established the Stormwater Planning Local Assistance Program to provide grants to communities for activities and projects which advance the purposes of Section 43-0112, and

 

WHEREAS       the Commission has received a request by the Town of Hague for a grant to implement a leading priority project of the Town’s stormwater management plan.

 

 

NOW THEREFORE BE IT RESOLVED that the Commission authorizes a grant in the amount not to exceed five thousand dollars ($5,000) from current year appropriations to the Town of Hague for use in implementing a Stormwater Management project, and

 

 

BE IT FURTHER RESOLVED that the Chair is authorized to execute a Memorandum of Understanding between the Commission and the Town of Hague to take such steps as are reasonable and necessary to carry out the project.

 

Item #9 - Water Based recreation Study Update: Michael P. White

 

Tom Conerty read and moved to approve Resolution 2005-31 which was seconded by Joan Robertson, all Commission members present voting affirmatively.

 

WHEREAS       the Lake George Park Commission is established by Article 43 of the Environmental Conservation law to preserve and protect the unique natural and scenic resources of Lake George and to promote the safe and enjoyable use of the lake by developing regulations governing a range of recreational activities, and

 

WHEREAS       the Commission authorized preparation of water-based recreation trends and impacts in order to assemble relevant data, to evaluate the current conditions on the lake in regard to congestion, overcrowding, safety hazards, and to sample the public about their views relative to management alternatives, and

 

WHEREAS       the project team of Holmes and Associates Inc., and Human Dimensions Unit, Cornell University have submitted a final work plan for the project that has been reviewed by the Commission, and

 

WHEREAS        the firm of Holmes and Associates has submitted a draft questionnaire to be sent out to lake users, to learn more about their experiences on the lake and identify any concerns or problems they might have associated with the lake, and

 

WHEREAS       the Commission has reviewed the questionnaire (attached) for form and content consistent with the objective of the survey, and

 

WHEREAS       the Commission has evaluated the final work plan for the project in accordance of the State Environmental Quality Review Act (SEQRA) and the implementing regulations 6NYCRR 617 and has determined that the study is a type II action because it involves the collection of data, information, research, surveys and the evaluation of management alternatives proffered by the public through a survey design and acceptance of the final study report does not commit the Commission or any other agency to fund, undertake, or approve any of the management alternatives that might be described, and

 

WHEREAS       the Commission acknowledges that future consideration of any management alternatives that may be included in the final report must be attended by an assessment of their potential to result in environmental impacts, as well as an evaluation of alternative actions. It is neither productive nor possible to engage in speculation about management actions and their potential to result in environmental impacts before a clear need for management action is identified.

 

NOW THEREFORE BE IT RESOLVED 

that the Lake George Park Commission accepts the final study plan (attached).

 

AND BE IT FURTHER RESOLVED

that the Commission accepts the draft questionnaire and authorizes its distribution in accordance with the study design subject to such final revisions as may be directed by the Chair.

 

Item #10 - Westbrook Stormwater Facility - Designation of Lead Agency:

                              Michael P. White

 

Michael White read Resolution 2005-32 which was moved by Tom Conerty and seconded by Tony Reale, all Commission members present voting affirmatively.

 

WHEREAS       Article 43 of the Environmental Conservation Law establishes the purposes of the Lake George Park Commission to provide a means for people who reside and visit within the Lake George Park to preserve, protect, enhance the unique, natural and scenic resources of Lake George, and

 

WHEREAS       the Town & Village of Lake George have identified a unique opportunity for the construction of a model Stormwater Management project at the Charlie Wood Foundation lands between Beach Road and Rte 9N; and

 

WHEREAS       as plans are developed for this project, review under the State Environmental Quality Review Act (SEQR) will be required; and

 

WHEREAS       the following agencies have been identified as involved agencies for the purposes of SEQR; NYS Department of State, NYS Department of Transportation, NYS Department of Environmental Conservation, Lake George Village, Town of Lake George and the Lake George Park Commission, and

 

 

WHEREAS       it is desirable to coordinate Lead Agency for the project, and

 

WHEREAS       the Commission is a legal entity empowered to be a Lead Agency because it has offered to fund a portion of the initial study of the project, and

 

WHEREAS       the project will serve a substantial public purpose consistent with the mission of the Commission and the Commission’s role as Lead Agency is a benefit to the people of the Lake George Park.

 

NOW THEREFORE BE IT RESOLVED

that the Lake George Park Commission agrees to be the Lead Agency for project, and

 

FURTHER RESOLVED

that the Chair, Counsel and Executive Director are authorized to issue a coordination of Lead Agency notice to effectuate this purpose and thereafter to do all things reasonable and necessary to facilitate the Commission’s fulfillment of its responsibility as Lead Agency for this project.

 

 

Item #11 - Water Quality Programs Report: J. Thomas Wardell

 

Tom Wardell referred to his April Stormwater Program Report which was previously distributed to the Board. He said that several law enforcement cases have been concluded now and about half a dozen more enforcement cases are left to be concluded. He said that the fines structures will be changing with a larger suspended portion. Tom Wardell said that the Town of Queensbury has sent him two major projects to review so that he can give them a second opinion.

 

Tom said that he is also working in Bolton with the Bolton Code Enforcement Officer. He said he has a situation with high coliform counts off of Thunderbird Road. He said the most suspect dwelling has been unoccupied since November. He said they are trying to do some research of the viability of bacteria to live that long. Tom said “historically our knowledge of that is a month after a facility is closed the bacteria die off.” Mr. Wardell said that they are beginning to read and understand that bacteria could be viable six months later.”

 

Tom Wardell said that he has spent some time working with the Zoning Administrator, Graham Bailey, from the Town of Hague showing him what to look for at different project sites. Tom also showed him what looks right and what looks jurisdictional so he can help with sediment controls.

 

Tom said they have added another general permit condition on the stormwater permits that reflect the DEC requirements that project sponsors make weekly self assessments of the erosion controls and log that and keep the document on site. That should be done weekly or after every ½" of rain fall.

 

Lake Level

 

Mr. Wardell reported that the lake level at Rogers Rock is 4.11.

 

 

 

 

Item #12 - Public Comments

 

Other Comments

 

Carol Collins said she thinks the resolution on the zebra mussel’s is quite merited and she would like to encourage the Park Commission to realize what will eventually happen which is to impose fines. She said fines would be imposed for lack of inspection or when actual problems are found. She said that these fines are the only thing that has made the inspection process work. She said she is very happy that the Park Commission has taken the steps they have on zebra mussel control.

 

Carol Collins said she would like to take the time at a future meeting to go over what the true implications of wetland restoration are with the Commission members.

 

Lake George Watershed Conference

 

David Decker reported that the Mayor has communicated three so called standing committees to advance the West Brook Stormwater Project. Those being a SEQR Technical Committee, a Project Finance Committee and the other a Site Use Committee. He said those committees have been set up and chair persons have been solicited and designated. He said the next meeting of those committees is scheduled for Thursday May 5, 2005.

 

Mr. Decker said he wanted to thank Ron Montesi for setting up a meeting regarding the boat washing stations with the DEC Operations Department in Warrensburg.

 

Item #8 - Adjournment

 

There being no further business, on the motion of Tom Conerty, seconded by Joan Robertson, all Commission members present voting affirmatively, the meeting was adjourned at 12:20 p.m.

 

                                                                Respectively submitted,

 

 

 

                                                                Michelle Way

                                                                Keyboard Specialist

 

 

Secretary’s Note:  The next Commission meeting is scheduled for TUESDAY, May 24, 10:00 a.m. at the NORTH QUEENSBURY FIRE HOUSE, Route 9L, Lake George, NY.