Lake George Park Commission

Meeting #331

22 February 2005

Fort William Henry Conference Center

Lake George, NY





PRESIDING:                                           Bruce E. Young, Chair



COMMISSION MEMBERS PRESENT:  Margaret M. Stewart

                                                                

                                                                Joan A. Robertson

                                                                John Pettica, Jr. 

                                                                Thomas K. Conerty

                                                                Roger H. Phinney

                                                                John C. McDonald, Jr.

                                                                (Erin M. Crotty, DEC Commissioner)

                                                                 Ronald S. Montessi, representing



COMMISSION MEMBERS ABSENT:     Shauna M. DeSantis

                                                                Anthony P. Reale


COMMISSION STAFF PRESENT:         Michael P. White, Executive Director

                                                                Kathleen Ledingham, Secretary II

                                                                Lt. Joseph H. Schneider, Director Law Enforcement

                                                                Roger Smith, Conservation Operations Supervisor I 

                                                                Molly Gallagher, Environmental Analyst I

                                                                J. Thomas Wardell, Senior Sanitary Engineer

                                                                Peggy Stevens, Principal Account Clerk

                                                                Margaret Sturtevant, Principal Account Clerk

                                                                Michelle Way, Assistant

Andrea L. Maranville, Director of Governmental & Community Affairs


 


OTHERS PRESENT:

 

David J. Decker                                       Mary Alice Leary                                      Chris Navitsky

Timothy Holmes                                      John Salvador                                         John Caffry

Courtney Tava                                         R. D. Condit                                             Paul Knox

Susan Barden                                          John J. Boltz                                            Susan Young



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

 

The 331st meeting of the Lake George Park Commission was called to order by Chairman Young at 10:10 a.m. and the roll was taken.

 

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

 

Upon the motion of Ron Montesi, seconded by Tom Conerty, all Commission members present voted affirmatively to approve the minutes of Meeting #330 as submitted.

  

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

               Maggie Stewart

  

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

 

Matter of Wharf Construction submitted by Courtney & Cindy Tava, Town of Ticonderoga, County of Essex – #1548-17-04 and #1548-18-04

 

Maggie Stewart introduced the first project. She said that the project is located on a private lakefront in the Town of Ticonderoga and has been discussed at previous Commission meetings. The project is located on Black Point Road and there is 156.60 feet of lakefrontage.

 

Molly Gallagher said that the project is to remove an existing wharf and construct a new two dock wharf complex. She said that when the project was first submitted in November of 2004, the Commission members asked that the project be downsized and that the boathouse be modified to be open-sided. She said that the applicants submitted a revised proposal several days before the January meeting. It was tabled at the January meeting to allow for a public comment period.

 

Sarge Condit, representing the applicants, said that adjustments have been made on this application. He said that he believes that all concerns the Commission members had have been addressed.

 

A discussion followed which included the length of the proposed walkway, depth of the water, spacing of the proposed cribs, roof trusses and the aesthetics and visual impact upon the neighborhood.

 

The applicant, Courtney Tava, clarified a point regarding the placement of the cribs.

 

Mr. Condit said that he believes that they have a decent looking design and that modifications have been made which he feels would be acceptable to the Commission. He said that he would like to keep the current design plans as submitted.

 

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

Matter of Class A Marina submitted by Barry & Leone Gipstein, Town of Bolton, County of Warren – #5220-45-04

 

Maggie Stewart introduced this project which she said is to operate a Class A Marina at a private lakefront. The project is located in Northwest Bay in the Town of Bolton and there is 153 feet of lakefrontage.

 

Molly Gallagher said that the applicants propose to offer berthing for three vessels. She said that two of the spaces would be utilized by next door neighbors and one is on a mooring.

 

Attorney John Caffry said that he represents the Jacobi Point Owners Group, LLC, who are the adjoining property owners to the south. He said that his clients are opposed to the approval of this application. He referred to his letter dated February 21, 2005 and a conveyance agreement (attached) and cited overcrowding, congestion and safety; non-conformance with mooring setback and offshore limit; lack of restrooms and parking and non-compliance with local zoning. “Overall, the site is too small for a marina and lacks adequate on-shore facilities. The dock is located too close to the property line for such heavy use. For all of these reasons, the application should be denied,” he said.

 

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

 

 

Matter of Variance Request for Wharf Modification submitted by Paul Knox, Town of Queensbury, County of Warren - #5234-1-05 & 5234-2-05

 

Maggie Stewart said that this is a private lakefront located on Assembly Point in the Town of Queensbury. There is 175 feet of lakefrontage.

 

Molly Gallagher said that this parcel was part of a subdivision, pre-1988 when the regulations came into effect. She said that the applicant received a permit to construct a fourth dock in April of 2004 on a 50' parcel. A variance was granted from the number of docks limit, based on the pre-subdivision lakefrontage which allows only three docks. She said that the application is proposing to increase the length of an existing U-shaped wharf by 6 feet, widen the dock and replace a boat cover with an open-sided boatcover/sundeck and supporting timber cribs. She said that a variance is needed from the sideline setback and as the Commission previously determined that the pre-subdivision lakefrontage should be used, a variance is also needed to expand a dock where the number of docks exceeds the regulatory limits.

 

The applicant, Mr. Paul Knox, addressed Commission members. He said that because the current dock is located in a cove, the adjoining property line cuts in front of his property as it projects out from shore. He said that the dock was built 35 years ago when they had a 17' boat and that a longer dock is needed to accommodate their new 25' boat. He said that a 25' boat is probably the average size for a boat on the lake. He gave a brief history of the lands that his grandfather owned and the subsequent

subdivisions. A discussion followed on tearing down the second dock, total square footage, water depths, swimming area, and a recently submitted letter from Sharon Davies, real estate broker.

 

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

 

 

Item #3 - Fiscal Actions Reports

 

Chairman Young said that the report on fiscal affairs reports which included November 2004, December 2004 and January 2005 were distributed in advance of the meeting. The reports contain the following: Detail Reconciliation Reports, Detail Income Statements by Accounts, Year-to-Date Detail Income Statement Comparison by Accounts, Expenditures, Open Payable Reports, Vendor Payments, Month Year-to-Date Cash Flow Reports, Revenue Comparison by Month and Year from Generated Fees reports.

 

Mr. Young asked if there were any questions or additions from Commission members.

 

Upon the motion of John McDonald, seconded by John Pettica, the Fiscal Actions Reports for the months of November, December and January were accepted as submitted.

 

Bruce Young said that Margaret Sturtevant will be retiring in March of this year.

 

Maggie Stewart read the following resolution which was seconded by Joan Robertson, all Commission members present voting affirmatively.

 

WHEREAS             Margaret Sturtevant is retiring from the Lake George Park Commission after a long and varied career in New York State public service that spans 36 years, and

  

WHEREAS             Margaret Sturtevant began her service with New York State at the Department of Civil Service on February 27, 1969 where she was promoted to the position of Senior Clerk with the Division of Staffing and Examination Services, and

  

WHEREAS             Margaret Sturtevant transferred to the Department of Environmental Conservation in April 1984 serving as a Payroll Clerk with the Division of Fiscal Management until November 1985 and as a Clerk 2 with the Division of Lands and Forest from November 1985 until May 1998,and

  

WHEREAS             Margaret Sturtevant was appointed to the position of Principal Account Clerk with the Lake George Park Commission on May 21, 1998, and

  

WHEREAS             during her tenure with the Commission, Margaret Sturtevant helped to convert the financial management of the accounts payable and general ledger functions of the organization from a manual to a computer automated system, and

  

WHEREAS             Ms. Sturtevant also led the agency’s team to implement and incorporate the Civil Service NYSTEP system and the Office of the State Controller’s automated payroll system requiring extensive training and inter-agency coordination, and 

  

WHEREAS,            Margaret Sturtevant has shown a dedication to the principles of honesty and integrity in the service of the public and has demonstrated a kind and gracious nature to her many colleagues in State services.

  

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission paused in their deliberations today, February 22, 2005 to give recognition to the tremendous contribution that Margaret Sturtevant has made to the Commission organization and to convey heart-felt congratulations to Peggy on her upcoming retirement from New York State service, and

  

BE IT FURTHER RESOLVED that your friends and colleagues of the Commission’s extended family extend our thanks to you

for your friendship and good will and offer our sincere best wishes to you and your family.

 

 

 

Item #4 - Project Review: Resolutions

 

Resolution 2004-13 Project Review Report

 

Maggie Stewart read and moved to approve Resolution 2005-13 which directs that the Project Review Report be incorporated in full in the minutes of the full Commission meeting. The motion was seconded by Joan Robertson and all members present voted affirmatively.

 

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

 

Resolution 2004-14 - Courtney & Cindy Tava

 

Commission members discussed this application. Discussion included the area of the lake the dock is proposed to be in; the possibility of the piers being 6 feet wide rather than 8 feet; the removal of the existing wharf; that a specification of open-sidedness includes no curtains or canvas covers; water depths, cribbing and seawall construction.

 

Mr. Condit was asked to clarify the most recent of the three design plans for the project. In response to another question, he submitted a water depth chart. He also stated that the application with the Adirondack Park Agency for a seawall has been withdrawn at this time.

 

Commission members were polled and were in agreement to approve the request with additional conditions placed on the permit.

 

Maggie Stewart read resolution 2005-14 which was seconded by Joan Robertson.

 

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 applied for a permit to remove an existing wharf and construct a two wharf complex; and

 

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

 

WHEREAS             the Commission finds that the proposed project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; and

 

WHEREAS             the Commission finds that the project will not alter the essential character of the area in which it is proposed and will not lead to congestion in the Park; and

 

WHEREAS             the Commission finds that the project 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 approves the above application with the following conditons:

                                     The existing wharf must be completely removed prior to commencement of construction of the herein authorized wharf.

                                    The boatcover shall remain open-sided; no curtains, canvas, or other material shall be used to block the sides.

                                    The permittee shall submit final, detailed plans which shall be approved by Commission staff prior to commencement of construction.

 

The motion on the floor, all Commission members present voted affirmatively on the resolution.

 

Resolution 2005-15 - Barry & Leone Gipstein

 

Commission members were individually polled on this application and were in agreement that there were too many outstanding issues to vote on this application today.

 

John McDonald referred to documents that were provided to members this morning which included a deed covenant and said that the applicant was not present to address what has just been submitted.

 

Martin Auffredou said that in his view the Commission can take into consideration a covenant. “I think we’re doing the right thing by perhaps asking for additional information,” he said. He said that he would not want to see the Commission deny an application based on the covenant alone.

 

Maggie Stewart made a motion to table this application to the April 2005 Commission meeting to allow the applicant time to provide additional information. The motion was seconded by Joan Robertson, all Commission members present voting affirmatively.

 

 

Resolution 2005-16 - Paul Knox

 

Commission members were individually polled on this application. All were in agreement that there were not any unique and peculiar conditions which met the variance test.

 

Maggie Stewart read and moved to approve Resolution 2005-16 which was seconded by Joan Robertson, all Commission members present voting affirmatively.

 

WHEREAS             the Lake George Park Commission has reviewed the applications, 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 applied for a permit to expand an existing wharf on a parcel of property created through a subdivision which occurred after the adoption of the Commission’s regulations; and

 

WHEREAS             the Commission finds that the pre-subdivision lakefront should be utilized in determining the total number of docks so that density and use is not expanded based on the subdivision of lakefront; and

 

WHEREAS             the applicant has requested variance from 6 NYCRR 646-1.1(c):

(7) The maximum number of docks, wharfs or moorings permitted per lakefront lot or parcel shall be limited as follows:

(iv) Two hundred and fifty one to five hundred feet of lakefront - three docks or wharfs constructed of any combination of straight pier, T, L, U, or F-shaped, or two E-shaped wharfs, plus three moorings; and

 

(11) Every dock or wharf constructed shall have a minimum setback of twenty feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake, or at a right angle to the mean high-water mark, whichever results in the greater setback;

 

WHEREAS             the applicant has not demonstrated that strict conformance with the regulations will cause unnecessary hardship due to unique and peculiar circumstances which impose substantial financial, technical and safety burdens.

 

NOW THEREFORE BE IT RESOLVED

The Lake George Park Commission hereby denies the request for variance and directs staff to offer the applicant an opportunity to request a public hearing.

 

 

Item #5 - Law Enforcement: Thomas K. Conerty

 

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

 

Lt. Schneider said that discussion included the progress of the Log Bay issue, replacement of two 200 horsepower engines, the ice season in general and the number of complaints received which he said has been minimal.

 

Lt. Schneider said that there was an Executive Session where on-going enforcement cases were discussed. No votes were taken in Executive Session.

 

Tom Conerty read and moved to approve Resolution 2005-17 which accepts the report of the Law Enforcement Committee. The motion was seconded by Ron Montesi and all Commission members present voted affirmatively.

 

Tom Conerty read and moved to approve Resolution 2005-19 which was seconded by John McDonald, all Commission present voting affirmatively.

 

WHEREAS             the Lake George Park Commission’s Enforcement Committee has reviewed the status of the Marine Patrol equipment for th 2005 season, and

 

WHEREAS             the Committee has identified the need for a two (2) 200 horsepower replacement outboard engines, and

 

WHEREAS             the mission of the Commission requires the continued operation of the Marine Patrol, and these outboard engines are essential to that operation at its present level, and

 

WHEREAS             Commission staff has prepared a purchase requisition for the new outboard engines that are available under New York State contract.

 

NOW THEREFORE BE IT RESOLVED that the Commission is hereby authorized to allocate funds not exceeding twenty-two thousand dollars ($22,000.) in total for the purchase of two new outboard engines, and

 

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

 

 

Item #6 - Water Quality Programs Report: J. Thomas Wardell

 

Tom Wardell referred to his February Stormwater Program Report which was previously distributed to the Board. He said that the stormwater permits now require a field inspection of erosion controls before they become effective and that a tentative process has been worked out on this. He said that he has started a pilot project with the Warren County Planning office for an information exchange on some of the permits issued, especially in the Town of Hague.

 

Mr. Wardell said that said that the Commission had a contractor conduct a review and comparison of the stormwater management regulations with the DEC phase II SPDES stormwater management regulations. He said that he has talked with representatives of DEC and that a meeting will be schedule with them to further study this report. “The intent is to make sure that we are all on the same page on these programs,” he said.

 

Mr. Wardell said that there are two large motel complexes proposed in the Town of Lake George and that there have been questions raised during their approval of the acceptability of the Village sewage treatment plant to receive the wastewater. He said that he learned that the design for the wastewater treatment plant upgrade had already been completed and construction could start in as soon as a month. He also referred to the recent reallocation of the original Warren County Sewer System grant which will be used to fund the upgrade of the Lake George and Bolton systems.

 

Lake Level

 

Mr. Wardell reported that the lake level at Rogers Rock is 2.86

 

 

Community Projects Reports: Andrea Maranville

 

Andrea Maranville gave a brief update of meetings she has set up with local officials, state agencies and various stakeholders within the Lake George Park. She said that she has begun working on several projects that are still in the preliminary stages.

 

 

Item #7 - Public Comments

 

Lake George Watershed Conference

 

David Decker reported that a Bolton Project Review committee will meet on Thursday to review potential projects for application to DEC. He invited members of the public to attend. He said that the Zebra Mussel Task Force met last week and reported that the first of four wash stations is proposed to be in operation in April of this year. He said that the Conference submitted an application for funding in the amount of $900,000 to the Lake Champlain Basin program who are acting as agents for the U.S. Army Corps of Engineers. He said that projects included in that application are funds to continue and expand the stream corridor management plan development work; to expand and further work on the zebra mussel invasive species control program; and to advance several projects on non-point source pollution.

 

Water-Based Recreation Study Plan Update: Timothy Holmes, Holmes & Associates

 

Mr. Timothy Holmes of Holmes Associates distributed a Project Workplan: Scope, Research Activities, Budget, and Schedule to Commission members (attached). He presented a summary of the first stakeholders workshop which was held February 9, 2005 (attached)

 

Other Comments:

 

John Salvador talked about bubblers in the Dunhams Bay area, salt and debris on the bridge on Route 9L, wetlands and an adjoining marina operation, and a Green Harbour homeowner’s lawsuit.

 

 

Item #8 - Adjournment

 

There being no further business, on the motion of Tom Conerty, seconded by Joan Robertson, all Commission members present voting affirmatively, the meeting was adjourned at 12:15 p.m.

 

                                                                Respectively submitted,

 

 

 

 

 

                                                                Kathleen Ledingham

                                                                Commission Secretary

 

 

Secretary’s Note:            The next Commission meeting is scheduled for TUESDAY, April 26, 10:00 a.m. at the HOLIDAY INN, Canada Street, Lake George, NY.