Lake George Park Commission
Meeting #371

December 23, 2008

Holiday Inn

Lake George, NY



Presiding: Bruce E. Young, Chair

Commission Members Present:

Thomas K. Conerty

Thomas J. Morhouse

Kenneth W. Parker

Thomas W. Hall

David G. Floyd

Joe Stanek

John McDonald

John A Pettica

Commission Members Absent: James 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

Peggy Stevens, Principal Account Clerk

Michelle D. Way, Commission Secretary

 

Commission Counsel Present: Martin Auffredou

 

Others Present:

Robert Parrotta Mary Alice Leary Joan Robertson Peter Bauer Betty Spinelli Kathy Bozony Chris Navitsky

 

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

The 371st meeting of the Lake George Park Commission was called to order by Chairman Young at 10:15 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 being none, John McDonald made a motion to approve, seconded by Thomas Morhouse, the minutes of the previous meeting were approved.

Resolution 2008-68 — Thank You - FUND for Lake George, Inc.

Michael White expressed his appreciation to the Fund for Lake George, Inc. for the contribution of a new 26 ft. pontoon boat, motor and trailer. He said that this boat replaces "The Fund" which has been the workhorse for the program for the past 12 years.

Thomas Conerty read and moved to approve Resolution 2008-68 which was seconded by David Floyd and all Commission members present voted affirmatively.

WHEREAS the FUND for Lake George, Inc. has been a faithful partner of the Commission in efforts to manage Eurasian Watermilfoil, and

WHEREAS the Commission appreciates the Fund’s consistent contributions over many years which have provided invaluable support and encouragement for the program, and

NOW THEREFORE BE IT RESOLVED that the Commission acknowledge the generous

Contribution of a 26’ pontoon boat, motor and trailer to replace "THE FUND" which has

been the workhorse for the program for the past 12 years.

BE IT FURTHER RESOLVED that this valuable contribution is appreciated and will be of

great service for continued efforts to protect the lake.

 

Item #2 — Fiscal Actions Report for October and November 2008: Peggy Stevens

Chairman Young said that the Fiscal Actions Reports for October and November 2008 have been

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

There were none.

On the motion of Joe Stanek, seconded by Thomas Morhouse, all members present voting

affirmatively, the October and November 2008 Fiscal Actions Reports were 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 2008-63 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2008-63 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 December 9, 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.

 

Class A Marina Modification Submitted by Robert Parrotta, Town of Bolton, County of

Warren

Molly Gallagher introduced the project. She said that Robert Parrotta owns the Contessa Marina

which is located in Northwest Bay. She said that Mr. Parrotta would like to rent up to 12 pontoon

boats to the public and already has an approved permit for 18 customer boats.

Mr. Parrotta spoke on behalf of the project. He said that initially he would like to start with the rental

of only 6 pontoon boats to see how it goes. If all works out, he would then like to rent out the

additional 6 pontoon boats.

A discussion continued regarding the legality of the docks, septic system specifications and the basic

marina requirements.

Thomas Morhouse said that he was in contact with Roger Smith about the septic system at the

Contessa and asked Roger Smith to speak about his findings.

Roger Smith spoke about the septic system. He said that he received documents from the Town of

Bolton which leads him to believe that the septic system at the Contessa was built on or about 1988

possibly 1990. He said that he was unable to do a visual inspection of the septic system components

and leach fields because of the snow cover.

Roger Smith has asked that the applicant be required, as a condition of the permit, to obtain and

submit a professional engineers review and report of the system and all of its components. He said

that the Department of Health has required this as well.

Mr. Parrotta said that he will submit the required documents to the Commission as soon as it is

complete.

Mr. Parrotta spoke in more detail about the marina and the purchase of pontoon boats. He said that

he already owns 2 pontoon boats and is planning to purchase 4 more. He said that there will be no

launches on site, no intent to store gas or any chemicals, etc., no repairs except for a quick propeller

change.

Chairman Young asked Molly Gallagher if the basic marina requirements have been met or if they

are adequate.

Molly Gallagher said that the marina requirements have been met. She said that this has been a

marina for many years and is looked at frequently.

A discussion continued regarding the mooring buoys, the southerly dock and the width and length of

the pontoon boats.

Chris Navitsky spoke about the Parrotta application and thanked the Commission for taking a careful

look at the septic issues. He said that he sent two letters to the planning board in Bolton and as usual,

they did not acknowledge them.

A discussion continued among Mr. Navitsky and the Commission members regarding stormwater

issues at the marina, storage of boats on the leach fields as well as stress to the leach fields.

Thomas Morhouse read and moved to approve Resolution 2008-65 which was seconded by Joe

Stanek and all Commission members present voted affirmatively.

WHEREAS the applicant has applied for a permit to modify a Class A Marina to authorize boat rentals of up to 6 pontoon boats; 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, as Lead Agency for the purposes of the State Environmental Quality Review Act, 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 modifications or conditions:

1. Before a permit will be issued the LGPC must receive a satisfactory professional engineers review and report of the system and all of its components.

 

 

Class A Marina Renewal submitted by Merrell’s Dockside Landing, Town of Lake George,

County of Warren

Molly Gallagher introduced the project. She said that Merrell’s Dockside Landing is an off-lake marina

that has been operating since 2001.

Molly Gallagher said that originally the LGPC received a jurisdictional inquiry form Merrell’s Dockside

Landing and it was determined that they did not need a marina permit from the Lake George Park

Commission because they were not an actual marina.

Molly Gallagher said that when it was discovered that they were selling boats and not just marine

products they were determined to be a marina under the jurisdiction of the LGPC regulations.

Chairman Young asked if anyone was present to speak for or against the application. No one was

present to speak for or against the application.

Thomas Morhouse said that he does not see why the application should not be approved.

Chairman Young asked Molly Gallagher if any complaints have been received regarding the operation

of Merrell’s. Molly said that no complaints have been received.

Thomas Morhouse read and moved to approve Resolution 2008-64 which was seconded by John

McDonald and all Commission members present voted affirmatively.

 

Item #4 — 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 9:15 a.m. where roll call was taken

and they moved immediately into Executive Session. He said that they returned to regular session

at 9:50 a.m. and discussed docking options for the Marine Patrol’s north boat.

Thomas Conerty read and moved to approve Resolution 2008-67 which was seconded by Thomas

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

WHEREAS the Law Enforcement Committee met December 23, 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 #5 — Public Comments

Lake George Association

No comments.

The FUND for Lake George, Inc.

Peter Bauer, Executive Director, spoke on behalf of the Fund for Lake George, Inc. He spoke about

the pontoon boat that was purchased for the Lake George Park Commission Eurasian Watermilfoil

Management Program. He said that he would like to get a picture of the Commission members with

the new boat.

Mr. Bauer handed out a report that was put together by the Fund regarding stream corridor buffers.

He said that the report includes resources that are available as well as recommendations for the Lake

George Watershed.

Lake George Waterkeeper

No comments.

Lake George Watershed Conference

Not present.

Public Comments

No comments.

 

Item #6 — Adjournment

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

the meeting was adjourned at 11:30 p.m.

Respectfully submitted,

 

 

Michelle D. Way

 

 

 

 

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, January 27, 2009, 10:00 a.m. at the Holiday Inn, Route 9, Canada Street, Lake George, NY.