Lake George Park Commission

Meeting #354

24 April 2007

Bolton Town Hall

Bolton Landing, NY


 

Presiding: Bruce E. Young, Chair

Commission Members Present: John A. Pettica
Thomas J. Morhouse
James T. Kneeshaw
Kenneth W. Parker
Thomas W. Hall
John McDonald, Jr.
Roger H. Phinney
Shauna M. DeSantis

Commission Members Absent: Thomas K. Conerty

Commission Staff Present: Michael P. White, Executive Director

Joseph Schneider, Law Enforcement Director

Roger Smith, Conservation Operations Supervisor II

Molly Gallagher, Environmental Analyst II

Michelle Way, Keyboard Specialist 1

Peggy Stevens, Principal Account Clerk

Keith Fish, Director of Operations

Commission Counsel Present: Martin Auffredou

Others Present:

Gary Hobbs Jeffrey Meyer Joan Hart Donald Hart Kate Perkett Kyle Warnell Ed Lockhart David Colomb Bonnie Colomb Angelina McFarren Ann Marie Giardenelli Elizabeth Coates Kathleen Salvador John Salvador Dave Klein Cornelius Tully Michael Carr Peter Fraser Michael Borgos James Fraser Eric Virta Jim Grey Bob Philipchik Don Henzel Frank Parillo George Winshel Kathleen Scrimmes Barbara Weinschenk Lenny Chiriboga Francis Savage Dennis Agnes Nolan Mary Alice Leary Tony Hall Andrea Maranville Mark Rehm Kim Bender Dan Behan Paul Gilchrist Chris Ballantyne Sheila Galvin Jim Morgan Susan Millington Pam Kenyon

Item #1 - Introductions, Roll Call, Minutes of Previous Meeting: Bruce E. Young

The 354th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:12 a.m. and the roll was taken.

Chairman Young addressed the public in attendance to let them know that he would be skipping around the agenda because the meeting was most likely going to be lengthy.

Chairman 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 submissions.

On the motion of Kenneth Parker, seconded by Roger Phinney, all Commission members present voted affirmatively to approve the minutes of the previous meeting.

Item #2 — Fiscal Actions Report: Peggy Stevens

Chairman Young said that the February and March Fiscal Actions Reports were distributed with the meeting package to all of the Commission members for their review. He asked if there were any questions on the reports. There were none.

On the motion of Thomas Morhouse, seconded by John Pettica, all members present voting affirmatively, the February and March Fiscal Action Reports were approved as submitted.

Resolution 2007-25 — Truck Rental for Eurasian Watermilfoil Management Control Program

John McDonald read and moved to approve Resolution 2007-25 which was seconded by Thomas Morhouse and all Commission members present voted affirmatively to approve the resolution.

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

WHEREAS the Commission has entered into a memorandum of understanding with the New York State Department of Environmental Conservation (1986) to convey to the Commission, specific authority for the management of nuisance aquatic plants including Eurasian Watermilfoil, and

WHEREAS the Commission has entered into a contract for the management of Eurasian Watermilfoil with Lycott Environmental, Inc. ending October 31, 2007 which requires that the Commission provide and deliver benthic barrier materials to various locations around the lake, and

WHEREAS the Commission has identified the need for a long term vehicle rental consisting of a 3/4 ton, 4 wheel drive pickup truck to support the 2007 milfoil program, and

WHEREAS the rental trucks suitable for Commission purposes are not available on OGS State Contract, and

WHEREAS the Commission=s Request for Quotation sent to area car dealers/rental agencies resulted in just one (1) vendor with a truck to meet Commission needs and schedule.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission is hereby authorized to allocate funds not exceeding $995.00 per month from May 1 through August 31, 2007 not to exceed $4,000.00 for the rental, and

BE IT FURTHER RESOLVED that the Executive Director is authorized to execute a rental agreement with Hertz Equipment Rental Corporation 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.

Resolution 2007-26 — Trailer Purchase for Eurasian Watermilfoil Management Control Program

John McDonald read and moved to approve Resolution 2007-26 which was seconded by Roger Phinney and all Commission members present voted affirmatively to approve the resolution.

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

WHEREAS the Commission has entered into a memorandum of understanding with the New York State Department of Environmental Conservation (1986) to convey to the Commission, specific authority for the management of nuisance aquatic plants including Eurasian Watermilfoil, and

WHEREAS the Commission has entered into a contract for the management of Eurasian Watermilfoil with Lycott Environmental, Inc. which requires that the Commission provide benthic barrier materials including mat, steel and tools be delivered to various locations around the lake, and

WHEREAS staff has prepared specifications and obtained written quotes for the purchase of a 2007 Cam Superline Trailer.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission is hereby authorized to allocate funds not exceeding thirty eight hundred dollars ($3800.00) in total for the purchase, and

BE IT FURTHER RESOLVED that the Executive Director is authorized to execute a purchase order to Route 4 Hitches and Trailer Sales of Fort Ann consistent with the findings and requirements of the State Finance Law and Office of Standards and Purchase of General Services procurement guidelines.

Resolution 2007-27 — Purchase of Steel Weight Bars for Eurasian Watermilfoil Management Control Program

John McDonald read and moved to approve Resolution 2007-27 which was seconded by Thomas Morhouse and all Commission members present voted affirmatively to approve the resolution.

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

WHEREAS the Commission has entered into a memorandum of understanding with the New York State Department of Environmental Conservation (1986) to convey to the Commission, specific authority for the management of nuisance aquatic plants including Eurasian Watermilfoil, and

WHEREAS the Commission has entered into a contract for the management of Eurasian Watermilfoil with Lycott Environmental, Inc. for the installation of benthic barrier over milfoil beds in the lake, and

WHEREAS this installation requires the use of steel weight bars to secure the benthic barrier material on the lake bottom, and

WHEREAS the previous years Eurasian Watermilfoil control program depleted the Commission=s supply of steel weight bars, requiring the purchase of additional material so that work may continue throughout the upcoming season.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission is hereby authorized to allocate funds not exceeding ten thousand dollars ($10,000) in total for the purchase of up to 20,000 lbs. Of steel weight bars, and

BE IT FURTHER RESOLVED that the Executive Director is authorized to execute a purchase order to Spa Steel Products of Malta, NY for steel weight bars 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.

Resolution 2007-28 — Purchase of Outdoor Signage Material

John McDonald read and moved to approve Resolution 2007-28 which was seconded by Thomas Morhouse and all Commission members present voted affirmatively to approve the resolution.

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 the Commission is committed to educating and informing the public about the various special rules protecting the water and recreational quality of Lake George, and

WHEREAS the Commission has recognized and previously established a specific regulation stating that:

ANo person shall launch a vessel into or remove a vessel from the waters of the Park without inspecting the vessel and its trailer, if any, to ensure the detection of marine growth, including Macrophytes (weeds), or any other hull contamination, and removing said growth and disposing of it so as to ensure that it is not discharged into the waters of the Park," and

WHEREAS the Commission is committed to providing adequate information to boaters outlining their personal responsibilities in protecting the natural resources of the Lake George Park and to advise all who live on and visit Lake George of the precautions to take prior to launching a boat into Lake George=s waters.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby allocates $797.00 to Shannon Rose Designs for design and preparation of an outdoor signage layout, and an amount not to exceed $8500.00 to I-Zone, Inc. for the production of weatherproof, UV resistant outdoor signage materials, and

BE IT FURTHER RESOLVED that the Commission authorize this funding to continue and strengthen its programs informing boaters and encouraging concerted and coordinated community efforts to protect Lake George=s water and recreational quality.

Resolution 2007-31 — Purchase of a Rewinding Machine for Eurasian Watermilfoil Management Program

John McDonald read and moved to approve Resolution 2007-31 which was seconded by John Pettica and all Commission members present voted affirmatively to approve the resolution.

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

WHEREAS the Commission has entered into a memorandum of understanding with the New York State Department of Environmental Conservation (1986) to convey to the Commission, specific authority for the management of nuisance aquatic plants including Eurasian Watermilfoil, and

WHEREAS the Commission has entered into a contract for the management of Eurasian Watermilfoil with Lycott Environmental, Inc. for the installation of benthic barrier over milfoil beds in the lake, and

WHEREAS this installation requires the use of benthic barrier material which needs to be cut from master rolls into 50' lengths and rolled, and

WHEREAS the Commission retained Anderson & Son Specialty on a time and materials basis to construct a machine to safely process and prepare benthic barrier, and

WHEREAS the machine is expected to result in process improvements and reduced labor expenses.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby authorizes payment of an amount not exceeding six thousand six hundred forty-eight dollars ($6648.00) in total for the materials, fabrication, labor and purchase of a "rewinding machine" to Anderson & Son Specialty of Warrensburg, New York, and

BE IT FURTHER RESOLVED that the Executive Director is authorized to execute a purchase order to Anderson & Son Specialty of Warrensburg, NY in an amount of three thousand five hundred forty-two dollars ($3542.50) for "steel pipe cores".

Kenneth Parker said that he believes that this equipment will pay for itself in a very short period of time and would allow for the elimination of labor. He said that this is an outstanding piece of equipment.

Item #3 — Report of Nominating Committee and Election of Officers: Thomas W. Hall

Thomas Hall said that himself, Thomas Morhouse and John McDonald met to discuss the nominations and they are prepared to offer a resolution for the following:

Chairman: Bruce E. Young

Vice-Chairman: Thomas K. Conerty

Secretary/Treasurer: John A. Pettica

On a motion by Thomas Hall, seconded by James Kneeshaw the Nominating Committee submitted the names for election as the officers of the Commission. Bruce Young asked if these were any nominations from the floor. There were none. The vote on the resolution was unanimous and all members present voted affirmatively to approve the resolution with all members present voting affirmatively.

Item #4 — Law Enforcement Committee Report: Thomas K. Conerty

Lieutenant Schneider said that he and the Committee members held a law enforcement meeting and discussed the upcoming Lake George Open Water Swim. He said that the plans by the event sponsor are still being formulated and finalized.

Lieutenant Schneider said that the Queens Boat Race was discussed. He said that the race has been cancelled. Lt. Schneider said that the Committee also had a discussion regarding marine patrol boat replacement, radio repeater progress and active enforcement cases.

John McDonald read and moved to approve resolution 2007-29 which was seconded by Shauna DeSantis and all Commission members present voted affirmatively to approve the resolution.

Resolution 2007- 29 — Law Enforcement Report

John McDonald read and moved to approve Resolution 2007-29 which was seconded by Shauna DeSantis and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met April 24, 2007 to review matters pertaining to the Lake George Park Commission’s Marine Patrol and the Commission's Law Enforcement Program, and

WHEREAS active Law Enforcement cases and their status were reviewed in Executive Session, and

WHEREAS the Law Enforcement Committee has reported on the results of that committee meeting at this full Commission meeting, and

WHEREAS the Law Enforcement Committee recommends acceptance of this month's Law Enforcement Report.

NOW THEREFORE BE IT RESOLVED that the Commission accepts the report of the Law Enforcement Committee.

Item #5 — Project Review Report — Public Comments on Pending Applications: Thomas Morhouse

Chairman Young explained the Project Review procedures for those in attendance who have not attended a meeting in the past.

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

Resolution 2007-19 — Project Review Actions Report

Thomas Morhouse read and moved to approve the Project Review Actions Report which was seconded by John McDonald and all members present voted affirmatively to approve the resolution.

Matter of Class A Marina submitted by James Fraser, Town of Fort Ann, County of Washington - 5328-9-05

Molly Gallagher introduced the first project. She said that the application was submitted by James Fraser for a Class A Marina offering berthing for up to 4 vessels not belonging to the owner of the property. She said that the location of the property is in Echo Bay in the Town of Fort Ann.

Chairman Young asked if anyone was present to speak on behalf of the applicant. Michael Borgos, representing Fraser, said he is present to speak on behalf of the applicant along with Bob Holmes of Jarrett Martin Engineers of Glens Falls.

Mr. Borgos said that he is here to introduce the Fraser Marina and to answer any questions that anyone may have. Mr. Borgos went on to introduce the applicant.

Mr. Borgos said that what is being proposed here is probably very different than many of the applications seen over the years because what they are requesting is a Class A Marina permit so that the existing slips that are there can be utilized as they have been for many years.

Mr. Borgos said that the Fraser family has owned this property since 1963 and over the years have rented the slips out to many people. Mr. Borgos said that a few years ago it was discovered that Mr. Fraser needed to have permission to do this. Mr. Borgos said that Mr. Fraser needed to receive permission from the APA and the Lake George Park Commission and they settled on an Order On Consent that was issued by the Commission and has since then ceased marina activity.

Mr. Borgos said that the 4 slips that are mentioned in the application are not to be constructed. He said that these slips already exist. Mr. Borgos said that they are already permitted and that there is 220 feet of shore frontage which is an excessive amount compared to most lots in the area. Mr. Borgos said that the only thing that would be added to the site is a port-a-john because they need to provide restrooms according to the requirements.

Mr. Borgos said that there is adequate parking and said that there is a lot of natural vegetation. He said that this is not a site that has been clear cut.

Mr. Borgos then turned to Bob Holmes to explain the plan.

Bob Holmes of Jarrett-Martin Engineers in Glens Falls said that all they are looking to do is to keep the plan very simple. He said that there will be no cutting or clearing necessary to facilitate the project. He said that there may be some slight land disturbance but nothing more than the placement of the port-a-john and a small storm water retention basin that goes with it.

Mr. Holmes said that the slips are pre-existing. He said that any walkways and pathways that access the lake will remain and are going to continue to be utilized. He added that the 4 parking spaces designated for the marina are in areas that are already presently used for parking so there is no need for any removal of additional vegetation or placement of any further impervious area.

Chairman Young asked if any of the Commissioner members had any questions for the applicant at this time. There was no response.

Chairman Young asked if anyone was present to speak against the project.

Kate Perkett spoke on behalf of her Mother, Carol Brown, and on behalf of her family. She said that her mother owns the property that is located right next to the Fraser property.

Ms. Perkett said that never in a million years did she think that a little girl growing up on the waters of Lake George would be standing here today. She said that she is not an attorney and she does not speak in front of people for a living.

Ms. Perkett said that "I imagine that everybody in this room is here for one reason – because we all love Lake George."

Kate Perkett said that she and her family are opposed to bathrooms, parking, lights and a marina being placed right at their property line. She said that her family drafted a letter and sent it to the Commission members and staff for their review.

Ms. Perkett said that she and her family have always gotten along with the Fraser family and with the taxes they can understand why they want to run a marina.

Ms. Perkett continued to discuss many of the points of her letter such as the astronomical tax burden that Fort Ann is under and the fact that in her opinion this is a strictly residential part of the lake. She said that there is nothing commercial on this side of the lake and she would like it to stay that way. She asked that the Commissioners please deny the application based on the points in her letter. She said that in her letter she pointed out adverse visual impacts, adverse audible impacts, adverse safety impacts and adverse environmental impacts. Ms. Perkett briefly discussed each of these points.

Martin Auffredou asked Ms. Perkett if these points were brought up, discussed and submitted at the Town of Fort Ann Planning Board and Site Review meeting. Ms. Perkett said that she doesn’t know the answer for sure but if they were invited to comment, then they certainly did submit these comments. She added that her brother is away for business and he would be the one to take care of this.

Chairman Young asked if there were any further comments from the audience.

Dave Klein spoke in opposition to the Fraser application. Mr. Klein said that he lives directly across the bay from James Fraser. Mr. Kein said that he also submitted a very long letter to the members and staff for their review. Mr. Klein said that he would like to briefly discuss some of the highlights of his letter.

Mr. Klein said that the Fraser property is directly in his primary view and that he wanted to emphasize that the center dock was put in primarily for the use of the marina and many times work has been done without a permit.

Mr. Klein continued to discuss safety concerns such as the concern for people walking on the roadway. He said that there is a garage that is practically in the middle of the road which limits the visibility as you come around the turn.

Mr. Klein continued to discuss additional safety concerns such as backing boats up into the mouth of the bay and into the navigational channel. He said that there is a huge safety concern for the boaters and swimmers in the lake.

Kim Bender spoke in support of the application. She said that she also received a notice for a chance to comment on the application.

Ms. Bender said that she has reviewed the regulations and from her view there is no issue. Ms. Bender said that her understanding is that this property has been renting out slips for many years so she doesn’t understand where the additional traffic concerns are coming from.

Ms. Bender also said that she wanted to shed light on the fact that at the very end of Echo Bay there was another property that was a Class A Marina that was about 4 or 5 times the size of the Fraser marina. She said that there seemed to be no problem with the boat traffic coming through and any additional vehicles at that time. She said that she believes that the property is no longer a Class A Marina by choice of the new owners.

Ms. Bender said that as far as Echo Bay being a exclusively residential area – that marina did exist so you can’t say that the bay has been exclusively residential area.

Kim Bender said that the proposed Fraser marina is at the mouth of the bay which is the largest area of Echo Bay. She said that personally she doesn’t see any navigational issues or safety issues with this particular area. She said that she was at the meeting of the Town of Fort Ann and that she did not recall any opposition to the Fraser application and also said that the Town of Fort Ann has no problem with this application.

Chairman Young asked if anyone else had any further comments.

Mr. Klein asked if he could speak again briefly. Mr. Klein said that he spoke with the planner at the LGA this morning and said that she didn’t receive any information regarding this application or the meeting being held today.

Peter Fraser spoke on behalf of the application. He said that his father James Fraser owns the property and said that his parents have been renting out slips for years until they came into the formalities with the Lake George Park Commission.

Mr. Peter Fraser said that yes there is a huge tax burden but that his parents have been renting out the slips for years to people not fortunate enough to own lakefront and to able to use Lake George. He said that the slips have been rented out for use during the day only. He said that overnight stays are not allowed and never have been.

Mr. Fraser continued to discuss the set of rules that his family has for their marina. He said that they prefer smaller boats, boats that have no above water exhaust and quiet boats.

Mr. Fraser said that he would be willing to relocate the port-a-john to accommodate the Brown family.

Chairman Young asked Mr. Fraser how many boats he owns on the property. Mr. Fraser responded and said that he only owns one boat.

Roger Phinney asked Mr. Fraser about the size of the docks and the size of the boats placed at the docks.

Mr. Fraser said that the docks are about 35-40 feet long from the shore and the boats kept at the docks are kept under 24 feet.

John Pettica asked Mr. Fraser if he is located outside of the 5 mph zone. Mr. Fraser said that his property is located inside the 5 mph zone.

Chairman Young asked if the 5 mph zone has been authorized by DEC. He said that he asked this question for clarification because many of the 5 mph zones on the lake are put out by interested homeowners and are not actually legal.

Shauna DeSantis asked Mr. Fraser if there is any launching on site. Mr. Fraser said that there is no launching at the site. He said that the customer would need to launch the boat at a marina and they would keep the boat at the dock for the season.

Mr. Fraser said that there is no electric at the docks and no overnight staying. He said that this is for people to have the privilege of using the lake.

Chairman Young asked Molly Gallagher if a permit was to be issued would they have to place a restriction on overnight staying.

Molly Gallagher said that if the Commissioners would like to place that restriction in the permit then she would advise putting it into the resolution.

Chairman Young asked Mr. Fraser if, from a historical view, the renters were local.

Mr. Fraser said that he has not been able to rent in quite a few years so he is not positive who is going to come back but he does have some customers from Fort Ann that have expressed interest. He said that he does try to rent to local people but because of the high demand they can pick and choose who they want to have as customers.

Shauna DeSantis asked Mr. Fraser if he would consider buffering the parking areas and the port-a-john.

Mr. Fraser said that they have considered sheltering the port-a-john by placing lattice around it. He said that the site is full of natural vegetation – nothing has been disturbed and he would be willing to plant a small row of trees it that would help.

Roger Phinney asked about the relocation of the port-a-john. Mr. Fraser said that he is willing to relocate the port-a-john as he stated earlier and at the site visit. He said that he could place the port-a-john about 120’ from the Brown property.

Mr. Fraser said that this would be on the other side of the Wisconsin Mound System which is raised up and then drops off slightly. He said that there is a lot of vegetation in between.

John Pettica said that it looks as if the port-a-john would already be blocked by the Wisconsin Mound System that is already in place.

A discussion continued regarding the type of restroom facilities, storage of trailers, winterization of boats and the current pump out agreement.

Mr. Fraser continued to discuss his previous pump out agreement with Fischer’s Marina and said that he now has an agreement with the Lake George Boat Company.

Shauna DeSantis discussed whether or not the intention of Mr. Fraser was to rent out the slips seasonally or on a weekly basis, etc.

Mr. Fraser said that his intention is to rent out the slips on a seasonal basis. He said that his customers would launch their boats at some point on the lake and drive to the dock where they would keep their boat. After their boat is placed at the dock they would come in their vehicles, park, and get into their boat to enjoy the lake.

Mr. Fraser said that there is no overnight use. "This is for day use only," he said.

Chairman Young asked how many parking spaces per boat are alloted.

Mr. Fraser said that he is allowing for one parking space per boat but there is additional space if it is needed.

Mr. Borgos said that he would like to make it clear that this is not a commercial establishment. He said that many people hear the word marina and automatically think commercial and said that although money is exchanged it doesn’t have to be.

Mr. Borgos also said that it is possible that this property will be transferred in the next ten years or so and it is easy to conceive a large family who could easily fill those slips. He said that this property is residential in nature.

Chairman Young asked if anyone else wanted to speak on this application.

Mr. Klein said that he and his family purchased their property in 1994 and he continued to discuss the 5 mph buoys that have been placed in the mouth of Echo Bay.

Mr. Klein spoke about the lengths of boats that were previously being berthed at the Fraser Marina when it was being run illegally, hours of operation, restroom facilities and the application submitted to the Lake George Park Commission.

Chairman Young asked the members to give their view on the application.

Thomas Morhouse said that he was present at the site. He said that the Fraser family has tried to comply with everything that has been asked of them and they are willing to relocate items if necessary. He said that the application should be approved as submitted.

John McDonald said that he thinks that the application should be approved based on the alterations that have been discussed.

John Pettica said that he does not see any reason for the application to be denied. He said that as far as he can tell it is a straight shot out of the docks and into the lake and the usage seems to be more of a residential usage rather than commercial.

Shauna DeSantis said that in addition to what has already been discussed she would like to see some buffering around the port-a-john. She said that she would approve the application with these alterations.

Roger Phinney said that he doesn’t think that a time restriction should be placed on the owner because this is a burden that he can’t always comply with.

Kenneth Parker said that he is concerned about the fact that there was non-compliance with this marina in the past. He said that he also has concerns regarding where the port-a-john will be placed with over crowding in a strictly residential area such as Echo Bay.

Kenneth Parker said that he is leaning toward voting against the application unless the limitations that were previously discussed are made part of the permit.

Thomas Hall said that in his view the project proposed with a few of the modifications discussed such as relocation of the port-a-john to an area north of the Brown property and visually screening the area seems to meet the standards. Mr. Hall said that he doesn’t find any undue adverse environmental impacts.

James Kneeshaw said that the application is in order and the concerns are typical concerns that you would find in neighborhoods that should be handled by the neighborhoods.

Chairman Young said that he wanted to clarify some of the points previously discussed. The members discussed launching restrictions, pump out agreements, parking of boats and trailers and no overnight stays on the boats.

Chairman Young said that Commission staff should decide what is an adequate visual shield for the parking area. He also said that if the port-a-john is relocated then he wants to be assured that it is not visible to any other neighbors that are not present today.

The Commission members continued to discuss time restrictions, contracts and length of boats to be kept at dockage facility.

Chairman Young asked Molly Gallagher what restrictions she had written down that were discussed. She said that the following restrictions were discussed and decided upon: no overnight staying on boat; no parking boat trailers; one vehicle per boat slip; and rentals must be seasonal.

A discussion followed among the members.

Resolution 2007-21 — James Fraser

Thomas Morhouse read and moved to approve Resolution 2007-21 which was seconded by James Kneeshaw and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the applicant has applied for a permit to operate a Class A Marina offering seasonal berthing for up to 4 vessels; and

WHEREAS the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and

WHEREAS the Commission has made a determination pursuant to 6NYCRR 645-3.6 and the State Environmental Quality Review Act 6NYCRR 617.5 that the project is a Type II action and does not require further review of potential environmental impacts pursuant to this act; and

WHEREAS the action is considered to be a Major project pursuant to 6 NYCRR 645-5.3 and public notice has been published and distributed as required; and

WHEREAS the applicant has demonstrated that the facility complies with the Class A Marina requirements of 6 NYCRR 646-1.2; and

WHEREAS the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park.

NOW THEREFORE BE IT RESOLVED

The Lake George Park Commission hereby resolves to approve the above application with the following modifications and conditions:

1. Only one vehicle per boat to be allowed.

2. Slip shall be used for seasonal rentals, not weekly or short-term.

3. No overnight occupancy on boats at the dock.

4. No storage or parking of boats or boat trailers at the site.

5. The port-a-john shall be relocated to a more northern area with screening agreeable to the adjoining neighbor.

Matter of Class A Marina submitted by Dunham’s Resort Corporation, Town of Queensbury, County of Warren - #5234-24-96

Chairman Young asked Molly Gallagher to give a background on the Salvador application.

Molly Gallagher said that this is an application submitted by Dunham’s Resort Corporation for a Class A Marina located in Dunham’s Bay. She said that the name of the facility is Dunham’s Bay Boat and Beach Club.

Sheila Galvin spoke on behalf of John Salvador and the Dunham’s Resort Corporation. Ms. Galvin said that she has been representing Mr. Salvador through litigation. She said that some of the litigation is still on going so she can’t discuss all of the issues.

Sheila Galvin discussed an issue that occurred with regard to Personal Water Craft (PWC). She said that the applicant has never engaged in any usage of PWC’s but one of the members of the Dunham’s Bay Boat and Beach Club did engage in the rental of PWC’s from the slip he rented from the Dunham’s Resort Corporation.

Ms. Galvin said that this practice ceased after the Commission brought an enforcement proceeding against Mr. Salvador. She said that the Salvador’s did not know that they were responsible for the action of their rental customers.

Ms. Galvin said that the Salvador family has never been given an opportunity for a hearing on the issues of enforcement.

Ms. Galvin continued to discuss the on-going litigation, mis-communications and other pending issues that have yet to be determined in court.

Ms. Galvin said that anything that John Salvador has been asked to do to comply has been done. She continued to discuss the 6 foot dock extensions and a handicapped access ramp that was built to comply with the Americans with Disabilities Act (ADD), she said.

A discussion followed.

Ms. Galvin respectfully requested that the Commission listen to this application and review all of the past details indicating attempted compliance of the applicant and grant the permit.

John Salvador, Jr. thanked the Commission members for giving him the opportunity to be heard.

Mr. Salvador discussed and stated his correct mailing address and phone number for clarity. He said that he is not the manager for the Beach Club but he is the contact person.

Mr. Salvador addressed some items in the draft permit such as the addition of other parcels and tax map ID numbers that he would like included in his permit. Mr. Salvador tacked a survey map/site plan to the board for reference.

A discussion followed regarding what areas are included within the tax map number s discussed by Mr. Salvador.

Jim Morgan spoke on behalf of Dunham’s Resort Corporation. He said that he intends on wrapping up the presentation.

Mr. Morgan said that there has been some lingering hostility between the Commission and Mr. Salvador and he hopes that it has ended.

Mr. Morgan said that he thinks that the lack of communication between the Commission and Mr. Salvador is in large part the cause of all of the proceedings that are going on.

Mr. Morgan discussed the past PWC issue and said that Mr. Salvador attempted to resolve this issue in August of 1998.

Mr. Morgan said that Mr. Salvador has never had a hearing before the Commission and said that Mr. Salvador has been trying to comply.

Chairman Young asked if anyone had any questions for Mr. Morgan. There being none, Chairman Young asked if anyone else wanted to speak regarding this project.

John Salvador spoke again regarding permits that he applied for in 1981 for dock extensions. He said that the work to rebuild the docks was complete before he received a permit from DEC to operate a marina and before he received confirmation of registration of the docks. A discussion followed.

George Weinschenk spoke on behalf of the application. He said that he was on several of the committees that helped develop the Lake George Park Commission regulations. Mr. Weinschenk said that he has seen different enforcement issues for different people which is saddening to him.

Mr. Weinschenk continued to discuss the Americans with Disabilities Act and discussed noise regulations that were discussed when the regulations were being drafted. He said that there were many things that were never discussed and never thought of.

Frank Parillo spoke and said that he is the adjacent land owner. He said that he also has a survey of his property which indicates that the much of the information on Mr. Salvador’s map is contradictory to his.

Chairman Young asked if anyone had any more questions for the applicant. There was no response.

Chairman Young asked Martin to speak about this application.

Martin Auffredou said that with respect to the three identified parcels (indicated in red) that Mr. Salvador would like included in the marina permit - he would recommend that what has been noticed to the public for purposes of a marina application and a draft marina permit which contain only two parcels that are identified as 75.3 and 1-1.

Martin Auffredou said that the Commission members should act on the marina application and the draft marina permit that is before them. He said that the applicant can always come back and make an application to amend the marina permit.

Thomas Morhouse said that he would vote to approve the application as submitted without the inclusion of the additional parcels.

John McDonald said that he agrees with Tom Morhouse. John Pettica, Shauna DeSantis, Roger Phinney, Kenneth Parker and Thomas Hall agreed as well.

James Kneeshaw said that he agrees with everyone else and thinks that it is time to set a clear standard.

A brief discussion regarding litigation and the dock extensions continued.

Resolution 2007-20 — Dunham’s Resort Corporation

There being no further discussion, Thomas Morhouse read and moved to approve Resolution 2007-20 which was seconded by Shauna DeSantis and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the applicant applied for a permit to operate a Class A Marina on May 13, 1997 and the application was withdrawn by the applicant on September 29, 1998; and

WHEREAS the Lake George Park Commission conducted an extensive review of the application, supporting documents, comments received and other information which appears in the record; and

WHEREAS the Commission made a determination pursuant to 6NYCRR 645-3.6 and the State Environmental Quality Review Act 6NYCRR 617.5 that the project is a Type II action and does not require further review of potential environmental impacts pursuant to this act; and

WHEREAS the action is considered to be a Major project pursuant to 6 NYCRR 645-5.3 and public notice has been published and distributed as required; and

WHEREAS By virtue of an Order dated December 23, 2006, of the Supreme Court, Warren County (Hon. Richard T. Aulisi), the Class A Marina application was reinstated and the Commission is authorized to issue a Class A Marina permit based upon its prior review of the application; and

WHEREAS the Commission has determined that the facility can comply with the Class A Marina requirements of 6 NYCRR 646-1.2; and

WHEREAS the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park; and

WHEREAS this resolution does not authorize or approve any activity, use or construction not otherwise specifically authorized in the Class A marina permit;

NOW THEREFORE BE IT RESOLVED

The Lake George Park Commission hereby resolves to approve the above application and authorize staff to issue a permit based on the draft permit.

Chairman Young called for a recess at 12:30 p.m.

Chairman Young reconvened the meeting at 12:40 p.m.

Matter of Class A Marina Renewal submitted by Emily Smith, Town of Bolton, County of Warren - #5220-21-06

Molly Gallagher introduced the application. She said that the marina is located in the Town of Bolton.

Molly Gallagher said that this application was reviewed at the January meeting and that the applicant’s representative was asked to come back with more information and a survey.

Susan Millington, attorney for the Smith family, presented the application. She spoke about litigation that the Smith family is involved in with Ms. Nolan. She also said that the Town of Bolton was involved in the litigation as well but they are being removed from the litigation.

Ms. Millington said that the application looks as if the Smith family is trying to greatly expand the marina use but actually they are not.

Ms. Millington explained that the litigation is pending in front of Judge Alusi and that one side of the dock is not involved in the litigation.

Wayne Smith spoke on behalf of the Emily Smith application. In response to a question from Bruce Young, Mr. Smith said that if he put 5 of his rental boats on trailers then he would have room at the docks for 13 seasonal customer berthing slips.

A discussion followed.

Mr. Smith asked the Commission to approve 13 slips with use of the north side of the north dock pending a decision of the court on the lawsuit.

Ms. Nolan spoke saying that when the north dock was first put in, in the 1950's, her father gave permission for the dock under a verbal agreement that included consideration. She gave a history of the issues of the law suit going forward.

Ms. Nolan said that boats being used on the north side of the dock prohibit the use of her property.

Bruce Young asked if any of the members had any questions. Thomas Hall asked for a clarification.

Molly Gallagher clarified the definition of a quick launch upon a question by Roger Phinney.

Bruce Young asked Mr. Smith whether he can use 13-15 and 1 without the use of the northern side of the dock.

A discussion followed with the members asking questions of Mr. Smith.

Thomas Morhouse spoke indicating that he would support only one boat at the outer end of the north dock — other boats would extend over the property line, he said.

Martin Auffredou said that he would have concerns if the Commission were to modify the application today, at the request of the applicant, in such a way as would constitute an increase in the scope of activities without a careful assessment of the effects of that change from an environmental perspective.

Shauna DeSantis said that she would like to see the survey that was indicated was coming with as much detail as possible.

Bruce Young explained that he did not think the Commission could approve the 13-25 and 1 today as it would constitute a change in the application suggesting that the Commission table the application and clarify the submissions.

A discussion followed.

On the motion of John McDonald seconded by Sauna DeSantis all Commission members voting affirmatively, the application was tabled.

Matter of Class A Marina Renewal submitted by Thunderbird Motel of Lake George, Inc., Town of Bolton, County of Warren - #5220-35-06

Molly Gallagher provided a brief introduction of the application to renew a marina permit. She said that there are no proposed modifications but there is a request to clarify a condition of the permit.

Mr. Chiriboga spoke on behalf of the Thunderbird Motel. He said that he did not have a statement but was prepared to answer any questions.

Mr. Chiriboga said that they had always tried to operate with care and sensitivity for the neighbors. We understand that we are operating a commercial facility adjacent to a residential neighborhood, said Mr. Chiriboga.

Mr. Robert Sinnott spoke saying that there was now five years of experience since the last renewal at which he objected. The project plan shows a massive encroachment of docks over the Town of Bolton who has designated the right of way as an emergency access point. They want the ability to service the lake, he said.

For myself and all other people who use the lake, for safety’s sake, I urge the LGPC to deny the application, he said.

Mr. Ray Oliver spoke in opposition to the application. He referred to various records relating to the marina that he had compiled. He cited the lengthy deliberations of the Commission when the marina was approved approximately five years ago. He said that what they have done in a very small area is squeezed in too much use.

Mr. Oliver also referred to boat pollution, commotion, and more problems. He presented a series of photographs that depict berthing at the south side on many occasions which create an interference with him moving his boat in an out of his dock. He also cited the need to keep the emergency access way clear and free of obstructions.

"My feeling is, don’t give them the permit,"he said.

There being no additional public comments Chairman Young concluded the public comment portion of the meeting in regard to the application of the Thunderbird Motel.

Molly Gallagher was asked and answered that the renewal draft permit includes a proposed condition that would clarify the berthing prohibition in regard to the south side of the southerly dock. She said that the condition required a simple barrier, subject to approval by the staff, be constructed with signage so that the south side would not be usable.

Mr. Parker questioned whether a newer dock on the north side conformed with the permit and the twenty foot set back requirements.

Bruce Young said that it was his recollection along with Roger Phinney’s that the Commission intended that there be no berthing along the southerly side — not just seasonal berthing.

Shauna DeSantis clarified the number of rental boats; 3 registered 20' pontoon boats and 2, 17' Larsen boats — a total of five boats.

"We are permitted eight (8)," Mr. Chiriboga said. He said that they are also permitted two (2) PWC’s.

Molly Gallagher said that they are also permitted to have one PWC guide.

Mr. Chiriboga said that the pontoons and the Larsens are used for boat rentals and charters. Roger Phinney suggested that a clarification of the scope of activities be made.

A discussion among the members and Mr. Chiriboga followed.

Bruce Young said that Commission members wanted more information as to where all the motorized vessels will go and that he does not see a reason to discuss this further until a berthing plan is provided. "We may have been remiss in not asking for this and I think you can do it but I see now that we need it," he said.

"Molly, I would appreciate your helping the applicant with this," said Chairman Young.

On the motion of Thomas Morhouse, seconded by John McDonald the application was tabled for more information. All Commission members were in favor of tabling the application.

Public Hearing Recommendation — Hart Family, LLC

Molly Gallagher provided a brief introduction to the matter which is a determination whether to hold a public hearing or an application for a dock that previously was heard by the Commission in January.

Gary Hobbs spoke on behalf of the Hart family. He said that there are seven family members and many children who will use the dockage.

Mr. Hobbs gave a description of the proposed dock and of the existing structures and conditions of the site.

Mr. Hobbs said that the structure is proposed for an area that is already overgrown with vegetation and would not displace any condition that is a beach in the real meaning of the word.

He said that there appears to be some confusion. Objectors are all members of the Trinity Rock subdivision expressing concerns about the loss of their beach which is not the case.

Mr. Hobbs explained that in the 1920's when the subdivision was created and the deeds were created there was a larger dock to the south which took up about 6,000 square feet. He said this is significant.

"We don’t believe that the proposed structure has any material conflict with the character of the neighborhood," he said. He also said that there have been comments that the proposed wharf would interfere with the rights to use the beach. "This is also not the case." He said that the proposed structure would not interfere with the rights conveyed in the original deeds which language is controlling.

Mr. Hobbs said that there is no deeded beach, no dedicated beach in the deed. Mr. Hobbs continued by reading the deed language and explained that there is no blockage of pedestrian foot traffic. Mr. Hobbs explained the language of the deed that allows the full fee owner to construct additional docks provided they do not obstruct. He said that the structure would enable use of 120 feet of unobstructed frontage for bathing.

He said that contrary to statements made there is no risk of danger to swimmers since a buoy marks the hazard and keeps boat traffic away. Mr. Hobbs said that this is not a commercial project and all of the boats to be kept, an addition of one boat for a total of five, are owned by the Hart family.

A discussion among Commission members followed. John Pettica said that there has been a lot of issues presented that are best suited for the subject of a formal hearing. Members DeSantis, Phinney and Parker expressed their agreement.

Thomas Hall said that he thinks that "the staff got it exactly right that the proposed wharf would result in a material conflict with the neighborhood. I would vote for a hearing," he said.

Mr. Kneeshaw expressed the opinion that this is an opportunity for the parties to get an improvement. An improvement in the use by the owner and an improvement in the swimming area for the Trinity Rock subdivision.

Bruce Young indicated that if he were an interested party to this he would not let a Judge decide this but would encourage the parties to decide it by agreement. He encouraged the process to continue through the hearing/mediation process.

Martin Auffredou explained the process and the parties responsible for the cost of the hearing.

Resolution 2007-24 — Hart Family, LLC

On the motion of Thomas Morhouse, seconded by Shauna DeSantis, all Commission members voting affirmatively, Resolution 2007- 24 was adopted

WHEREAS the applicant has applied for a permit to construct a new crib dock and modify an existing dock to result in a 40' long, 65' wide dock complex with an open-sided boatcover/sundeck ; and

WHEREAS the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and

WHEREAS the Commission has made a determination pursuant to 6NYCRR 645-3.6 and the State Environmental Quality Review Act 6NYCRR 617.5 that the project is a Type II action and does not require further review of potential environmental impacts pursuant to this act; and

WHEREAS the action is considered to be a Minor project pursuant to 6NYCRR 645-5.3 and public notice has been published and distributed; and

WHEREAS the Commission finds that the application is likely to be denied or substantially modified as the proposed dock would represent a material conflict with the neighborhood character and interfere with safe use of the deeded access on this lakefront.

NOW THEREFORE BE IT RESOLVED

The Lake George Park Commission hereby directs staff to advise the applicant of the above findings and offer the applicant an opportunity to request a public hearing.

Item #6 — Adjournment

There being no further business, on the motion of James Kneeshaw, seconded by Roger Phinney the meeting was adjourned at 4:10 p.m.

Respectfully submitted,

 

 

Michelle D. Way

Keyboard Specialist

 

 

 

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, May 22, 2007, 10:00 a.m. at the Holiday Inn, Lake George, NY.