Lake George Park Commission

Meeting #335

9 July 2005

Fort William Henry Conference Center
Lake George, NY



PRESIDING:                Bruce E. Young, Chair


COMMISSION MEMBERS PRESENT:    Joan A. Robertson
                        John A. Pettica, Jr.
                        Thomas K. Conerty
                        John C. McDonald, Jr.
                        Roger H. Phinney
                        (Denise Sheehan, DEC Commissioner)
                         Thomas W. Hall, representing


COMMISSION MEMBERS ABSENT:    Margaret M. Stewart
                        Shauna M. DeSantis


COMMISSION STAFF PRESENT:    Michael P. White, Executive Director
                        Lt. Joseph H. Schneider, Director Law Enforcement
                        Roger Smith, Conservation Operations Supervisor I    
                        Molly Gallagher, Environmental Analyst I
                        Keith G. Fish, Operations Director
                        Peggy Stevens, Principal Account Clerk
                        Michelle D. Way, Assistant
                                                            Andrea L. Maranville, Director of Governmental &     
                              Community Affairs

                

OTHERS PRESENT:

                                                                                     Anthony Hall                  Ronald S. Montesi             Jeff Reale              
                                                                           Mary Alice Leary            Carol Reale                    Silvia Plasse            
                                                                           Mary Ann Eaton           Brad Whisher             Jeanette Nadeau         
                                                                      Normand Nadeau           Kathy Bozony             Chris Round        
                                                                      Bonnie Lapham            Seth Harris                   Howard Krantz      
                                             Chris Navitsky           Jennifer Gentry    
Item #1 - Introductions, Roll Call, Minutes of Meeting

The 335th meeting of the Lake George Park Commission was called to order by
Chairman Young at 10:00 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 discussion.

Upon the motion of John McDonald, seconded by Roger Phinney, all Commission
members present voted affirmatively to approve the minutes of Meeting #334 as
submitted.

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

The Chair explained Project Review procedures.  He said that the first portion of the
Project Review is for people either for or against the project to express their comments.
He said that the second session is an open discussion among Commission members to
arrive at a decision.  He said that normally the only time during the second portion
where there would be public participation would be if there is a need for clarification or
additional information on an issue. 

Matter of Variance Request for Wharf Construction submitted by Bradley Whisher
& Mary Ann Eaton, Town of Hague, County of Warren – #5226-4-05

Molly Gallagher introduced this project.  She said that the parcel is located in the Town
of Hague.  Molly Gallagher said this is a project that has already been before the
Commission.

Howard Krantz of Krantz and Rehm, representing the applicant, addressed Commission
members.  He said that Bradley Whisher and Mary Ann Eaton have legally sub-divided
their property with the Town of Hague’s subdivision approval.

Mr. Krantz said that originally the restaurant property and the residential property were
two different properties, when the properties were purchased they were described in
one deed which made it one property.

Howard Krantz said that Mr. Whisher and Ms. Eaton would like to construct a 36' long
wharf on their residential property to accommodate their own boats.

Mr. Krantz said his clients are before the Commission for a variance application.

Howard Krantz said that the Commissioners have received a copy of a detailed
appraisal from Bonnie Lapham.  The appraisal shows the difference in the property
value, with the dock and without the dock. 

Mr. Krantz said he questions whether a variance is needed for this application.  He said
that technically there is an application for two variances.  One of the variances is for the
number of docks and the other is for the set-back which is the variance that is needed.

Mr. Krantz explained that since one of the variances was from a standard for a setback
from the adjacent property line to the south, property owned by the applicants, the
applicants are willing to file a map amendment subdivision with the Town of Hague to
move the property line and eliminate the need for a variance, for this provision.  He said
that this was a fairly routine approval for the Town.  Mr. Krantz also pointed out that the
two existing lots each had sufficient lake frontage under the regulations for the existing
docks and the one being proposed.

Discussion continued on the need for a variance and adjustment of the property line.

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 June Fiscal Actions Report was submitted, everyone
should have received a copy.  He asked if there were any questions on the report.
There were none.

Roger Phinney moved to approve the Fiscal Actions Report.  The report was seconded
by John McDonald and all members present voting affirmatively.

Resolution 2005 - 54 Mailings Made Easy
                                
          WHEREAS   the Lake George Park Commission sends out a semi-annual newsletter to inform the public about the
          Lake George Park Commission Programs, and

          WHEREAS    over 10,000 newsletters will be mailed, and

          WHEREAS    to economically process the mailings of these notices the use of a mail pre-sort firm is utilized, and

NOW THEREFORE BE IT RESOLVED  that the Chairman is hereby authorized to approve the payment not to exceed
$4,100  for Mailings Made Easy of Glens Falls for postage, processing and bulk mailing of the Summer 2005 Newsletter.

Item #4 - Project Review:  Resolutions

Resolution 2005- Project Review Report

Joan Robertson read and moved to approve Resolution 2005-48 which directs that the
Project Review Report be incorporated in full in the minutes of the full Commission
meeting.  The motion was seconded by John McDonald 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 2005- 50 - Bradley Whisher & Mary Ann Eaton

Joan Robertson said she has some reservations about using the post-subdivision lake
frontage.  One of her reasons for not wanting to use the post-subdivision lake frontage
is because she feels when they were before the Commission in the past they were
allowed to build all the docks they could have on the property.

A lengthy discussion followed.  Bruce Young polled each of the Commission members
who offered their opinions about the variance and its terms.

During the course of the discussion Mr. Krantz was recognized and said that the
applicants were willing to give up three of their moorings previously permitted by the
Commission and they would not place them into the water.  this might help to alleviate
the Commission’s concerns with over-crowding along the lake front.

Mr. Thomas Hall indicated that from his perspective, this represented quite a significant
consensus.

Mr. Auffredou asked Joan Robertson if this is what her rational was for wanting to use
the pre-subdivision lake frontage.

Martin Auffredou said that any time someone comes before the Commission and says
that they can alleviate the need for a variance, that should be taken into consideration.
He said if there is any opportunity to eliminate the need for a variance than that should
be done. 

Further discussion followed which included the need for a variance, the lot line
adjustment and whether or not to use the pre-subdivision or post-subdivision lake
frontage.

It was decided that the post-subdivision lake frontage could be used in this case, and
with the applicant’s offer to revise the south property line and eliminate the three
moorings at the View property, the need for a variance would be avoided and the
application will be remanded back to staff.

Michael White, Executive Director of the Lake George Park Commission, recused
himself from the discussion.
 
Joan Robertson read and moved to approve Resolution 2005-50 which was seconded
by John Pettica and all Commission members present voting affirmatively.

Resolution  2005-50, Meeting #335, August 8, 2005
Remand Application for Wharf Construction To Staff
           
Application #    5226-4-05
               Location          12.18-1-15.2, Town of Hague
               Applicant         Bradley Whisher & Mary Ann Eaton

          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 construct a new 36' x 4' articulating 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 post-subdivision lakefront should be utilized in determining the total number of
          docks.

          WHEREAS   the applicant has requested variance from 6 NYCRR 646-1.1©)

                    (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; and
                   
          WHEREAS   the applicant has agreed to alleviate the need for a variance by making a boundary line adjustment to avoid
          the setback intrusion and to remove three existing moorings to alleviate concerns about congestion and
          overcrowding;

NOW THEREFORE BE IT RESOLVED
                    The Lake George Park Commission hereby remands the application to Commission staff for review.
        
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 a number of enforcement issues were discussed this morning
including the Log Bay day event and on-going deliberations.  He said that the Black
Mountain repeater is still causing problems.

Lt. Schneider also spoke of the Lake George Park Commission Park Attendants.  He
said they are making very good contacts.  They have made about 2,000 contacts
between two locations.

Tom Conerty read and moved to approve Resolution 2005-52 which accepts the report
of the Law Enforcement Committee.  The motion was seconded by Tom Hall and all
Commission members present voted affirmatively.

                       RESOLUTION 2005-52


          WHEREAS   the Law Enforcement Committee met August 9, 2005 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 - Westbrook Stormwater Project - Molly Gallagher

Molly Gallagher read Resolution 2005-47 to adopt a positive declaration for the
Westbrook Stormwater Project.

Joan Robertson made a motion to approve Resolution 2005-47 which was seconded by
John Pettica and all members present voted affirmatively.

       Resolution  2005-47  Meeting #335, August 9, 2005
                   ADOPT POSITIVE DECLARATION
                               
West Brook Stormwater Project at the Former Gaslight Village/Charlie’s Saloon Property

WHEREAS, members of the Lake George Watershed Conference have proposed the idea of constructing a stormwater
management facility and wetland restoration project at the former Gaslight Village\Charlie’s Saloon property along West Brook
that would significantly reduce the impact of contaminants and sediments from the urbanized area of the Lake George Park on
the water quality of Lake George consistent with the purposes of Article 43 of the regulations and of the Commission’s
Stormwater Planning Assistance Program; and

WHEREAS, The Lake George Park Commission intends to provide funding for the project; and

WHEREAS, a Lead Agency coordination letter was sent on June 17, 2005 to all potentially involved agencies; and

WHEREAS, the deadline for response has passed with no objection from any agency to the Commission assuming Lead Agency
status for the project, and;

WHEREAS, the Lake George Park Commission wishes to assume lead agency for this project and is likely the most appropriate
lead agency for the project;

Therefore, the Lake George Park Commission hereby resolves, to assume Lead Agency status and adopt the attached Positive
Declaration for the project.
 
Item #7 - Computer Systems Update: Keith G. Fish

 Keith Fish spoke to the Commission about a computer systems upgrade.  He said this
upgrade is not for personal computers that sit on our desks.  He said that we would like
to upgrade the file server which holds all the shared files of the Commission and
controls all the printing we do .  He said we would also like to upgrade the software that
runs the network.  Keith said that we would actually need to change companies
because the company that used to do this for us no longer does.  He said that this
upgrade will make our computers much safer.

Tom Conerty read and moved to approve Resolution 2005-53 which was seconded by
John Pettica and all Commission members present voted affirmatively.

                       RESOLUTION 2005-53

          WHEREAS, the Commission has established a network of personal computers to integrate functions and achieve program goals,
          and

          WHEREAS, this equipment must be dependable and technologically adequate for the efficient administration of Commission
          programs, and

          WHEREAS, due to wear and tear associated with everyday use these computers must be periodically replaced, and

          WHEREAS, due to changes in the security, programmatic and technological needs network software and utilities must be
          updated, and

          WHEREAS, current network server and associated hardware is also in need of replacement,

          NOW THEREFORE, be it resolved that the Chairman is hereby authorized to approve the expenditure not to exceed $12,000 for
          a network server, network operating software and utilities, both hardware and software, and the necessary
          consulting fees to install and configure said systems, consistent with State Finance Law and Commission
          purchasing policy and procedures.

Item #8 - Draft Strategic Plan on Tree Clearing and Stream Corridor
Management: Chris Round, Chazen Companies

Chris Round of the Chazen Companies presented a draft strategic plan on tree clearing
and stream corridor management.  He said that all the Commission members should
have received a copy of this report.




Mr. Round said the scope of the project was not so much a strategic plan, but the
beginnings of a planning process.  He said the scope included interviews of the Lake
George Association, the FUND for Lake George and the Lake George Land
Conservancy.  He said he also sent out a survey which was sent to about 150 decision
makers around the lake.  He said he also did a literature review to take a look at what
other watershed-based planning organizations are doing to address the issues of tree
clearing and stream corridor management.

Mr. Round spoke of the need to control upland development, planning processes and
the need to educate the public and local officials on the issues of tree clearing and
stream corridor management.


Tom Conerty read and moved to approve Resolution 2005-49 which was seconded by
Joan Robertson and all Commission members present voting affirmatively.

                       Resolution 2005 - 49


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

          WHEREAS   the Commission has specific responsibility under law to, among other things, develop rules and regulations
          governing stream corridor management and tree clearing with the goal of protecting the superior water
          quality of the lake and the scenic beauty of the adjoining mountains, and

          WHEREAS   the lake’s watershed uplands are under significant development pressure, deforestation of large tracts has
          occurred and development is encroaching on and diminishing the vegetative buffers which protect the water
          quality of streams.  These changes have the potential to result in significant adverse effects to the natural
          and scenic qualities of Lake George, and

          WHEREAS   there are a number of very important private and governmental efforts under way to protect the lake’s
          watershed uplands, including private and governmental acquisition programs, watershed planning and local
          land use regulations and these efforts should be encouraged and continued, and

          WHEREAS   in addition to these efforts the lake would benefit from a comprehensive resource-based plan including
          consistent model standards for use by planning and land use officials within the watershed to guide
          appropriate development and prevent undue environmental impacts, and

          WHEREAS   the Commission has consulted with citizen groups, elected officials, and land use officials around the Lake
          George Park and has determine that there is a general consensus that opportunities exist to improve the
          means and methods available to protect the lake in this regard, and

          WHEREAS   the Commission has received and reviewed an assessment of current conditions by a professional planning
          firm which concludes that a comprehensive watershed planning approach to address issues of tree-clearing
          and stream corridor protection is warranted and that such effort to be successful must be based upon a
          coordinated approach, increased resources for local government and improved public education, and

          WHEREAS   the Commission wants to proceed to organize the communities along the lake, to provide resources and to
          assist in the development of a program plan, an environmental assessment and a consistent set of standards
          relative to tree clearing and stream corridor protection.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission authorizes the Chair and Executive Director to
develop a final scope of work for preparation of a stream corridor management and tree clearing program plan and programmatic
environmental impact statement including appropriate funding mechanisms, standards and methods for their implementation,
and

BE IT FURTHER RESOLVED that the Commission authorizes the Chair and Executive Director to budget $100,000 for fiscal
year 2006 - 07 and 2007 - 08 or so much as may be needed for completion of the program plan and promulgation of any
regulations approved by the Commission.

Item #9 - Water Quality Programs Report: Roger Smith

Roger Smith spoke of the Lake George Park Commission’s Pollution Prevention
Program and the Darrin Freshwater Institute Coliform Monitoring Program Data.

Roger Smith said that the Lake George Park Commission runs a pollution hotline.  The
pollution hotline number is the general number for the Lake George Park Commission
(668 - 9347).

Roger Smith explained how the pollution hotline works.  He said that the Lake George
Park Commission acts as the first responder.  Roger Smith also explained the
differences in the water quality advisory, water quality warning and water quality watch.

Roger Smith referred to a few different pollution problems that have occurred this
summer.  Two were septic system failures and the other was a pretty significant oil spill
in the lake.

Lake Level

Mr. Smith reported that the lake level at Rogers Rock is 3.46. 

Item #10 - Public Comments

The Lake George Association

Kathy Bozony, Land Use Coordinator, asked about the proposed boat washing stations.
Ronald Montesi said that the reason they are not up and running is because there is a
problem obtaining insurance.  

The FUND for Lake George, Inc.

Chris Navitsky, Lake George Waterkeeper, made several comments on stormwater
management.  He said that he thanks the staff for extending the comment period on the
Nextel application.  He said that he enjoyed Chris Round’s presentation and also
believes that a tree clearing and stream corridor management plan is needed.

Item #10 - 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,




                        Michelle D. Way                
                        Keyboard Specialist 1


                    Secretary’s Note:   The next Commission meeting is scheduled for TUESDAY, August
                    23, 2005, 10:00 a.m. at the Ticonderoga Town Center, Montcalm
                    Street, Ticonderoga, NY.