Lake George Park Commission

Lake George Park Commission

Meeting #368

August 26, 2008

Hague Town Hall

Hague, NY



Presiding:Bruce E. Young, Chair
Commission Members Present:	Thomas K. Conerty, John A. Pettica, Thomas J. Morhouse, Kenneth W. Parker, Thomas W. Hall, 
David G. Floyd, Joe Stanek 
Commission Members Absent:	John C. McDonald, James T. Kneeshaw
                         
                         
Commission Staff Present:	    Michael P. White, Executive Director, Lt. Thomas J. Caifa, Director of Law Enforcement,
Molly Gallagher, Environmental Analyst II, Keith G. Fish, Operation’s Director, Roger R. Smith, Conservation Operation’s Supervisor II
Michelle D. Way, Keyboard Specialist I
                         
Commission Counsel Present:	Martin Auffredou
Others Present:Buzz Lamb, Carolyn Babinsky, Sandra Coffin, Bob Condit. Bill Morgan, Nancy Kalchele, Jill O’Sullivan,
Bonnie Colomb, Dennie Lynch, Francis Sause, David Colomb, Mary Alice Leary, Gary Hobbs, Donald Hart, Tony Reale, Peter Bauer,
Mike & Arlene Bruder, Elizabeth Coates, Anne Marie Giardarelli, Albima Masiero, Carole Wentz
                                                                 
Item #1 - Introductions, Roll Call, Minutes of Previous Meeting:  Bruce E. Young
The 368th 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 took a moment to introduce two of the newest Commission members, Mr. David
Floyd of Huletts Landing and Mr. Joe Stanek of Diamond Point.
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 Conerty, seconded by Kenneth Parker, the minutes of the previous meeting
were approved as submitted.
          Note:     Joe Stanek and Dave Floyd abstained from voting due to the fact that they were not
          present at the previous meeting.
     Item #2 — Fiscal Actions Report for July 2008:  Peggy Stevens  
     
     Chairman Young said that the Fiscal Actions Report for July 2008 was submitted to the members for
     their review.  He asked if any members had questions on the report.  There were none.
     
     On the motion of Thomas Conerty, seconded by Thomas Morhouse, all members present voting
     affirmatively, the July 2008 Fiscal Actions Report was approved as submitted.
     
     Item #3 — Project Review — Public Comments on Pending Applications and Project Review
     Resolutions:  Molly Gallagher 
     
     Molly Gallagher read a prepared statement regarding the Project Review Procedures (attached).
     
     Resolution 2008-43 — Project Review Actions Report
     
     Thomas Morhouse read and moved to approve Resolution 2008-43 which was seconded by Kenneth
     Parker, all members present voting affirmatively.
     
               WHEREAS   the Commission has received and reviewed the Project Review Actions Report prepared 
          	    by staff and dated August 2, 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 William Morgan, Town of Hague, County of Warren
     
     Molly Gallagher introduced the project.  She said that Mr. Morgan would like to install a boat house on
     an existing wharf and remove one of his piers. 
     
     Bob Condit spoke on behalf of William Morgan.  He explained the project and said that he would be
     available to answer questions anyone might have on the project.
     
     Gary Hobbs of Poklemba & Hobbs spoke on behalf of an adjacent neighbor, Norman Levy, who 
     objects to this project.
     
     Mr. Hobbs spoke about the dock structure being previously moved from a southern location.  He also
     noted that Mr. Levy is an adjacent dock owner with a right of way who has great difficulty backing in,
     backing out and turning his boat with the location of the current docking structure.
     
     Thomas Morhouse asked about the distance between Mr. Levy’s dock and Mr. Morgan’s dock.
     
     Mr. Hobbs said that he has not been to the site in quite a while and he has not measured the distance
     between the two docks.
     
     Ken Parker spoke with Mr. Hobbs regarding the location of the Levy dock.
     
     Mr. Condit said that he would be guessing, but thinks that there is approximately 38 ft. between the
     docks in question.
     
     A discussion followed regarding the reasoning behind removing the southern pier rather than the
     northern pier.
     
     Thomas Morhouse said that he does not believe that there are any visual impacts.
     
     Ken Parker said that he agrees with Thomas Morhouse based on his visit to the site.  He said that he
     would vote in favor with what Mr. Morgan would like to do.
     
     Thomas Hall said that he does not believe there are any visual impacts.  He does believe that 
     changing the orientation of Mr. Levy’s dock structure would help to resolve the issues.
     
     Dave Floyd said that navigation wise he does not see any problems and since Mr. Morgan’s sun deck
     is going to be open he does not see any visual impacts either.  He said that he would vote for
     approval.
     
     John Pettica said that he would vote for approval based on what his fellow Commissioner’s said.
     
     Thomas Conerty said that he would vote for approval.
     
     Chairman Young spoke about the issue as to whether a variance is required.  (Note: the pre-existing,
     legal dock complex is being reduced.  However, the resulting number of piers would exceed
     current standards.)  The boathouse would modify a non-conforming dock complex but would not in
     itself exceed the 40' maximum wharf width or offshore extension.
     
     It is the recommendation of the staff at the Lake George Park Commission that a variance not be
     required based on the fact that Mr. Morgan would be able to have a boat house the same size.  By it’s
     approval of the current application, the Commission would be accepting this interpretation, he said.
     
     Thomas Morhouse read and moved to approve Resolution 2008-44 which was seconded by Thomas
     Conerty and all Commission members voted affirmatively.
     
               WHEREAS   the applicant has applied for a permit to remove an existing crib supported pier and construct 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 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.
     
     Item #4 — Wharf Construction Submitted By Hart Family, LLC: Molly Gallagher
     
     Wharf Construction Submitted by Hart Family, LLC, Town of Lake George, County of Warren
     
     Molly Gallagher introduced the application with a power point presentation.  The presentation included
     the application, project timeline, pictures and original proposal documents.
     
     Chairman Young said that the original application is not on the table today but noted that Mr. Hart 
     does have the option to put it back on the table if he decides to go back to a hearing.
     
     Chairman Young also said that he understands that this process is and can be emotionally important 
     as well as financially important.
     
     Gary Hobbs spoke on behalf of the applicant, Hart Family, LLC., and said that they have been working
     in conjunction with the LGPC staff to develop a plan to work with all parties involved.
     
     Gary Hobbs spoke about many of the changes they made from the original application to the new
     application.  He said that these changes were made to help alleviate some of the concerns that the
     Trinty Rock Property Owners Group have with regard to the proposed docking structure.
     
     A discussion followed regarding the docking structure, use of a buoy system as well as the natural
     foliage on the property.
     
     Jill O’Sullivan spoke on behalf of the Trinity Rock Property Owners Group (TRPOG).  She spoke 
     about the property owners deeded rights to use and access the beach and shoreline, many of the
     concerns that the TRPOG have and what they would like to see change or be modified.
     
     Bonnie Colomb who is part of the TRPOG said that everyone agrees that Mr. Hart is allowed to have 
     a dock and use his dock but they would like to see him refurbish his existing dock and possibly
     lengthen them and place a dock cover over what is already currently existing.
     
     Francis Sause of the Cramer Point Motel spoke regarding many of the beach issues that have come 
     up such as use of a buoy system for his guests, issues with the Department of Health and issues with
     the use of the beach.  He also spoke about issues that occurred before the property was owned by 
     Mr. Hart such as harassment issues as well as his motel being paint balled, etc.
     
     Anne Marie Giardarelli spoke about the rules and regulations of the Park Commission and asked for
     clarification of the regulations in relation to boats and docks.
     
     Thomas Morhouse said that many times Commission members get charged with the emotions and 
     the care with the regulations which they operate under.  He appealed to the audience to be respectful
     of all speakers and avoid emotional outbursts.
     
     Mr. Morhouse said that, in his opinion, Mr. Hart has made the necessary changes to resolve what he
     was conflicted about.  He said that he is torn because whatever decision that is made will probably 
     end up in court, nevertheless, he said that he would vote to approve the application.
     
     Ken Parker said that the Hart application is a family venture and almost everyone in the bay has a
     boat
     house structure.  He said that he would vote to approve the project as presented.
     
     Thomas Hall said that he is not quite ready to say that he would approve the application.  He said that
     his opinion is that the modified application still represents a conflict as expressed by some neighbors
     and their attorney.
     
     Mr. Hall said that he is looking for something that would represent less conflict with the neighborhood.
     He said that he is not in favor of the project at this time.
     
     Dave Floyd said that he has had an interesting past two weeks - he has read the entire file and
     believes that there is a little more room for compromise.  He said that he cannot approve the
     application at this time.
     
     John Pettica said that he still has issues with the project which will probably never be fully resolved.  
     He said that he is not in favor of this project.
     
     Thomas Conerty said that Mr. Hart has the right to build a boat house and he is in support of the
     application as presented.
     
     Joe Stanek said that he believes that there are safety concerns and he would be inclined to deny the
     application at this time.
     
     Chairman Young said that he also believes that Mr. Hart has a right to have a boathouse but there is
     still a conflict in interest with regard to safety.
     
     Chairman Young said that he also believes that swimmers have a safety liability as well.  He said that
     when he was a child he was told to watch his head when he swam across the lake.
     
     Thomas Morhouse read and moved to table the application which was seconded by Thomas Hall and
     all Commission members present voted affirmatively.
     
     Item #5 — Law Enforcement Committee Report:  Thomas K. Conerty
     
     Thomas Conerty said that a Law Enforcement meeting did occur and he called upon Lt. Caifa to
     speak.
     
     Lieutenant Caifa said that the Law Enforcement meeting started at 9:05 a.m. where they moved
     immediately into a lengthy Executive Session.  He said that they returned to regular session at 9:55
     a.m. and immediately adjourned the meeting.
     
     Thomas Conerty read and moved to approve Resolution 2008-46 which was seconded by John 
     Pettica and all Commission members present voted affirmatively to approve the resolution. 
     
                WHEREAS  the Law Enforcement Committee met August 26, 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
     
     Not present.
     
     The FUND for Lake George, Inc.
     
     No comments.
     
     Lake George Waterkeeper
     
     Chris Navitsky welcomed the new Commission members, David Floyd of Huletts Landing and Joe
     Stanek of Diamond Point.  
     
     Chris Navitsky spoke about an increase of algae blooms in the lake — according to Mr. Navitsky, 
     what he has found is troublesome.  He said that 6" of non-toxic algae has been washing up on 
     beaches.  He added that in the Town of Bolton extremely large areas of algae have been discovered.
     
     Mr. Navitsky spoke about some of the things that can be done to prevent this algae from forming and
     preserve the water quality of the lake.
     
     Lake George Watershed Conference
     
     Not present.
     
     Public Comments
     
     No comments.
     
     Item #7 — Adjournment
     
     There being no further business, on the motion of Kenneth Parker, seconded by Thomas Morhouse 
     the meeting was adjourned at 12:25 p.m.
      
                                   	                             Respectfully submitted,
     
     
     
                                   	                             Michelle D. Way 
     
     
     
     
     
          Secretary’s Note:	The next Commission meeting is scheduled for Tuesday,
          September 30, 2008, 10:00 a.m. at the Canoe Island Lodge, Diamond Point, NY.