Lake George Park Commission

Meeting #364

22 April 2008

Fort William Henry

Lake George, NY


Presiding: Bruce E. Young, Chair

Commission Members Present: Thomas K. Conerty, Thomas J. Morhouse, Kenneth W. Parker, Roger H. Phinney, Thomas W. Hall,  John A. Pettica

Commission Members Absent: John C. McDonaldJames T. Kneeshaw

Commission Staff Present: Michael P. White, Executive Director

Lt. Thomas J. Caifa, Law Enforcement Director

Molly Gallagher, Environmental Analyst II

Michelle D. Way, Keyboard Specialist 1

Keith G. Fish, Operation’s Director

Roger R. Smith, Conservation Operation’s Supervisor II

Peggy Stevens, Principal Account Clerk

Commission Counsel Present: Martin Auffredou

 

Others Present:George Weinschenk Mike Ravalli Tom DeNardo Catherine LaBombard Dan Behan, Jr. Frank Parillo Bob Sweeney Peter Bauer Michael Johnson Marilyn Broome Richard Broome Dave Floyd Richard Gage

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

The 364th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:10 a.m. and the roll was taken.

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. There were none.

On the motion of Thomas Morhouse, seconded by John Pettica, all Commission members present voted affirmatively to approve the minutes of the previous meeting.

Item #2 — Fiscal Actions Report for February and March 2008: Peggy Stevens

Chairman Young said that the Fiscal Actions Reports for both February and March 2008 were

submitted to the members for their review. He asked if any members had questions on the

report. There were none.

On the motion of Kenneth Parker, seconded by Thomas Morhouse, all members present voting

affirmatively, the February and March Fiscal Actions Reports were approved as submitted.

Resolution 2008-22 — Purchase of Three (3) Automatic Electronic Defibrillators

Thomas Morhouse read and moved to approve Resolution 2008-22 which was seconded by Roger

Phinney and all Commission members present voted affirmatively to approve.

WHEREAS pursuant to Chapter 510 of the Laws of 2004 and Part 303 of NYCRR, the State of New York requires all public institutions and buildings of the State, including leased facilities, to be equipped with automatic external defibrillators (AED’s) by March 31, 2010, and

WHEREAS the Commission’s Director of Law Enforcement has recommended the replacement of an existing AED unit purchased in June of 2001 and used by the Marine Patrol plus the addition of one new unit to equip two out of the eight patrol vessels with modern AED equipment, and

WHEREAS AED equipment located in both the Commission headquarters and on the lake will benefit the people of the State of New York by providing an extra layer of emergency response and the difference between life and death for someone stricken with sudden cardiac arrest.

WHEREAS Commission staff has reviewed equipment specifications, costs and user training materials available for AED's purchased under NYS procurement contracts and determined that the Powerheart G3 Plus by Cardiac Science of Rochester, NY to be the best suited for Commission office and patrol use.

NOW THEREFORE be is resolved that the Lake George Park Commission authorizes staff to allocate funds not exceeding $4500.00 for the

purchase of three (3) Automatic Electronic Defibrillators.

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 Thomas Morhouse 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.

WHEREAS the Nominating Committee of Commission Members have discussed the matter of nominations for Officers of the Commission for the fiscal year commencing April 1, 2008, and

WHEREAS the Nominating Committee has resolved to offer the following slate of officers for election:

Bruce E. Young. Chairman

Thomas K. Conerty, Vice-Chairman

John A. Pettica, Secretary/Treasurer

WHEREAS there was an opportunity for additional nominations from the floor, and

NOW THEREFORE BE IT RESOLVED by the Commission that the Commission Secretary/Treasurer be authorized to cast a single vote

signifying the unanimous approval of the Commission for the officers as nominated.

 

Item #4 — Project Review — Public Comments on Pending Applications and Project Review

Resolutions: Molly Gallagher

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

Resolution 2008-16 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2008-16 which was seconded by Thomas

Hall, all members present voting affirmatively.

WHEREAS the Commission has received and reviewed the Project Review Actions Report prepared by staff and dated April 7, 2008, and

WHEREAS the Project Review Committee recommends acceptance of this month’s Project Review Report.

NOW THEREFORE BE IT RESOLVED that the Commission directs that the Project Review

Report be incorporated in full in the minutes of the full Commission meeting.

Wharf Modification submitted by Christian Sander, Town of Fort Ann, County of Washington

Molly Gallagher introduced the project. She said that Mr. Sander is looking to remove an existing

single pier and construct a 44' long, 24' wide "U" shaped dock with timber cribs.

Thomas Hall spoke about a letter regarding the commercial activity at the Sander property. They

spoke specifically about the nature of and the number of boats at the property.

Kenneth Parker spoke about the rental structure on the property.

Mr. Broome spoke against the project and referred to his letter of opposition. He discussed the rental

property, the bunk houses on the property and the narrow access road.

Thomas Morhouse said that he agrees with Mr. Broome regarding the narrow access road. He said

that the road is not accessible for two-way traffic.

A discussion regarding navigation hazards continued among Mr. Broome and the Commission

members.

Marilyn Broome spoke about the loss of habitat and the fact that this is a very unique bay (habitat

wise).

Chairman Young spoke about the different marina classifications and also spoke about the rental of

cottages versus being a commercial marina facility.

It was noted by Molly Gallagher that the dock meets all of the dimensional criteria for dock designs,

also explained was that the dock would serve a rental cabin and this would be commercial use but not

a Class A or B Marina since transient boats could be legally berthed as used in conjunction with the

rental cabin.

Martin Auffredou spoke about the marina classifications, marine patrol boat patrols and investigations.

He said that the marine patrol would not be able to monitor the property for illegal marina use. He said

that typically a citizen would report a violation and the violation would then be investigated.

A discussion continued regarding the hazards and navigational issues, dock length, Class B Marina

registration requirements and conditions of the permit.

It was decided that the following condition would be placed into the permit as well as the transmittal

letter to the applicant: any modification or change in use must be brought before the Commission.

Thomas Morhouse read and moved to approve Resolution 2008-17 which was seconded by Roger

Phinney and all Commission members present voted affirmatively.

WHEREAS the applicant has applied for a permit to remove a single pier and construct a 44' long, 24' wide U-shaped crib dock; 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 interested parties have brought forth concerns about the project’s conformance with regulatory standards; and

WHEREAS the Commission finds that the application complies with regulatory limits and requirements; and

WHEREAS the Commission finds that the proposed project is reasonable and necessary and will not cause unreasonable, uncontrolled, or unnecessary damage to the natural resources of the state, including soils, forests, water, fish, shellfish, crustaceans and aquatic and land-related environment; 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 that the Lake George Park Commission hereby approves the above application, with the following

condition: The dock is limited to use by the owner and occupants of the rental units. Any change in use of the docks at this facility must

be reviewed by the Commission.

 

 

Wharf Modification submitted by Scrimshaw Ventures HOA, Village of Lake George, County of

Molly Gallagher introduced the project. She said that this project has been before the Commission at

the past two meetings. She said that they have an "L" shaped dock about 100' out that is intended

to serve 11 homeowners.

Michael O’Connor, representing Scrimshaw Ventures HOA, said that this is a unique property. He

said that they have been before the Commission in the past because of the unique circumstances as

well as the DEC.

Mr. O’Connor spoke about the original docks as well as the dock system that was installed in 1995 or

1996 (current docking situation) which they thought would have cured their problems.

A discussion continued regarding the dollars and cents requirements and reasonable return. They

spoke about letters received from Richard Burke in 1994 and a more recent letter from Lonnie

Lawrence.

John Pettica asked if the finger docks being proposed would be removed for the winter.

Michael O’ Connor spoke about an "as built" survey. He said that they are willing to comply and he

spoke about the cost and length of time to get the survey.

Michael O’Connor said that they would like to widen the fingers to a 2 ft. width rather than the 16".

They would like to take safety into consideration rather than staying within the 700' limit.

Jim Glough said that he is a new resident of Scrimshaw Ventures HOA. He submitted a couple of

letters to Chairman Young.

Martin Auffredou said that when he looks at this application it is difficult for the Commission not to take

the history of Scrimshaw Ventures HOA into consideration. He said that a strong case can be made

for a unique situation.

Martin Auffredou spoke about the reasonable return aspect of the variance requirements and said that

relators tend to say that a property with a dock is worth more than a property without a dock. He said

that we all know that this is true but he would prefer to see something different.

He said that he is a little concerned about the lack of financial evidence.

Thomas Morhouse spoke regarding the financial hardship issue.

Chairman Young said that he has either had the fortune or the misfortune of being on the Commission

since 1996 so he probably knows a little more about this property than any other member on the

board.

Martin Auffredou spoke about the entire history of the property and said that there is more to the story

than what is before them today. A discussion regarding the dock fingers and ice issues continued.

Martin Auffredou said that under SEQRA this is a Type II Action and said that staff will issue a

Negative Declaration.

Thomas Morhouse read and moved to approve the resolution which was seconded by Roger Phinney

and all Commission members present voted affirmatively.

WHEREAS the applicant has applied for a permit to add four 16.5' long fingers to an existing dock. Variance is required from the distance from mean high, the minimum width of piers, allowed dock shapes, and the number of docks allowed; 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 applicant has requested variance from 6 NYCRR 646-1.1(c)

(1) No dock or wharf shall be constructed in a configuration other than a straight pier, T, L, U, E or F-shaped

(2) No dock or wharf shall be constructed so as to exceed the following offshore distance criteria:...

(iii) No dock, wharf or mooring shall be constructed or placed so as to extend offshore more than 100 feet from the mean high water mark.

(4) ...the minimum allowable width of any dock, wharf, pier, lateral projection or finger shall be two feet.

(7) The maximum number of docks, wharfs or moorings permitted per lakefront lot or parcel shall be limited as follows: (i) Forty-five to sixty-five feet of lakefront - one dock or wharf constructed as a straight pier (a minimum of forty-five feet is required for the construction of a wharf); and

WHEREAS the applicant has demonstrated that strict conformance with the regulations will cause unnecessary hardship due to unique and peculiar circumstances which impose the following substantial financial, technical and safety burdens; and

WHEREAS the Commission finds that there is no reasonable possibility that the applicants’ properties will bring a reasonable return following conformance with the regulations; and

WHEREAS the Commission finds that the project represents the minimum necessary variance required to alleviate the hardship; and

WHEREAS the Commission finds that the proposed project is reasonable and necessary and will not cause unreasonable, uncontrolled, or unnecessary damage to the natural resources of the state, including soils, forests, water, fish, shellfish, crustaceans and aquatic and land-related environment; 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 that the Lake George Park Commission hereby approves the

request for variance and approves the above application, with the following modification:

"The fingers shall be modified to 2' in width"; and with the following condition:

"Should dredging occur in the area of the herein authorized dock, the location of the mean low water mark shall be re-determined and the dock brought into compliance with the Commission's off-shore limit of 40 feet from the mean low water mark."; and

contingent upon the submission of a survey or other adequate proof that the dock fingers will comply with the sideline setback.

Modification of an Existing Class A Marina submitted by Bolton Landing Marina, LLC, Town of

Bolton, County of Warren

Molly Gallagher introduced this project. She said that this is an existing Class A Marina that would like

to add 6 additional boat slips, increase quick launches from 160 to 185, increase winter storage to 191

vessels and add minor service and reduce on-site parking from 137 to 124 vehicles.

Molly Gallagher said that this project was before the Commission at the last meeting. She said that

she did receive a letter from the Town of Bolton regarding the parking at the municipal town lot.

Bob Sweeney spoke on behalf of the marina and said that the marina is more than 20 years old and

the operation of the Bolton Landing Marina has been proven. He added that the Bolton Landing

Marina was the first quick launch on the lake.

Mr. Sweeney said that they are not seeking any physical changes and they are not asking to change

a current permit condition that limits no more than 100 per day.

A discussion continued regarding a site plan approval that occurred in July of 2007, parking issues as

well as the size of the parking spaces at the marina.

Kenneth Parker spoke about the sign change at the House of Scott’s Restaurant.

Richard Gage spoke on behalf of the Bolton Landing Marina. He said that he is co-owner of

Performance Marine and said that everything that the Bolton Landing Marina has done has been an

improvement.

Thomas Conerty said that he would vote in favor of this project. In his opinion, "they are a top notch

operation," he said.

John Pettica said that he would also vote to approve the application.

Thomas Hall said that he is a little uncomfortable with the number of boats on the water but he does

think that this project can be approved.

Roger Phinney said that the Bolton Landing Marina are on top of things and they are doing it right.

He said that he would support their request.

Kenneth Parker said that he agrees with Roger Phinney and would vote to approve.

Thomas Morhouse said that he would vote to approve the application.

Martin Auffredou said that this is an unlisted action under SEQRA and continued to discuss the marina

expansion.

A discussion continued regarding the marina expansion.

Thomas Morhouse read and moved to approve the resolution which was seconded by Kenneth Parker

and all Commission members present voted affirmatively.

WHEREAS the applicant has applied for a permit to modify an existing Class A Marina to add 6 seasonal berthing slips, increase quick launching from 160 to up to 191 vessels, increase winter storage to 191 vessels, add minor service and reduce on-site parking from 137 to 124 vehicles; 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 that the project is an Unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617.5 and has made a determination that the project will have no significant impact on the environment; 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 that the Lake George Park Commission hereby resolves to approve the

above application, with the following modified condition #32:

"The permittee shall at no time allow more than 100 of its members boats to be out on Lake George at any given time."

Item #5 — Law Enforcement Committee Report: Lt. Thomas J. Caifa

Thomas Conerty said that a Law Enforcement Committee meeting was held and turned to Lieutenant

Caifa to speak about the meeting.

Lieutenant Caifa said that the Law Enforcement Committee meeting was called to order at 9:10 a.m.

where they discussed the upcoming purchase of a boat and an engine.

Lieutenant Caifa said that one of the speed radar units is out of order and will not replaced this year.

He also spoke about personnel issues, the tentative start-up schedule and the full time marine patrol

schedule.

Lieutenant Caifa also spoke about the upcoming Safe Boater Training courses that are being offered

by the Lake George Park Commission.

Lieutenant Caifa said that they adjourned to executive session at 9:30 a.m. where they discussed 6

finalized enforcement cases as well as boat lift issues.

Thomas Conerty read and moved to approve Resolution 2008-20 which was seconded by Roger

Phinney and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met April 22, 2008 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 #6 — Public Comments

Lake George Association

No comments.

The FUND for Lake George, Inc.

No comments.

Lake George Waterkeeper

Not present.

Lake George Watershed Conference

Not present.

Public Comments

George Weinschenk spoke regarding the Tree Clearing and Stream Corridor Protection Initiative. He

spoke about the SEQRA process.

Item #6 — Adjournment

There being no further business, on the motion of Kenneth Parker, seconded by Thomas Conerty

the meeting was adjourned at 12:15 p.m.

Respectfully submitted,

 

 

Michelle D. Way

 

 

 

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, May 20, 2008, 10:00 a.m. at the Holiday Inn, Lake George, NY.