Lake George Park Commission
9 July 2005
Fort William Henry Conference Center
Lake George, NY
COMMISSION MEMBERS PRESENT: Joan A. Robertson
John A. Pettica, Jr.
Thomas K. Conerty
John C. McDonald, Jr.
Roger H. Phinney
(Denise Sheehan, DEC
Thomas W. Hall,
COMMISSION MEMBERS ABSENT: Margaret M. Stewart
Shauna M. DeSantis
COMMISSION STAFF PRESENT: Michael P. White, Executive
Lt. Joseph H. Schneider,
Director Law Enforcement
Roger Smith, Conservation
Operations Supervisor I
Environmental Analyst I
Keith G. Fish, Operations
Peggy Stevens, Principal
Michelle D. Way, Assistant
Andrea L. Maranville, Director of Governmental
Mary Alice Leary
Item #1 - Introductions, Roll Call, Minutes of Meeting
The 335th meeting of the Lake George Park Commission was called to
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
members present voted affirmatively to approve the minutes of Meeting
Item #2 - Project Review - Public Comments on Pending
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
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
& 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
Howard Krantz of Krantz and Rehm, representing the applicant, addressed
members. He said that Bradley Whisher and Mary Ann Eaton have
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
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
Howard Krantz said that the Commissioners have received a copy of a
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 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
The Chair asked if there were any further comments on this application
and received no
Item #3 - Fiscal Actions Reports
Chairman Young said that the June Fiscal Actions Report was submitted,
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
meeting. The motion was seconded by John McDonald and all members
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
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
allowed to build all the docks they could have on the property.
A lengthy discussion followed. Bruce Young polled each of the
who offered their opinions about the variance and its terms.
During the course of the discussion Mr. Krantz was recognized and said
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
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
that they can alleviate the need for a variance, that should be taken
He said if there is any opportunity to eliminate the need for a
variance than that should
Further discussion followed which included the need for a variance, the
adjustment and whether or not to use the pre-subdivision or
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
application will be remanded back to staff.
Michael White, Executive Director of the Lake George Park Commission,
himself from the discussion.
Joan Robertson read and moved to approve Resolution 2005-50 which was
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
Applicant Bradley Whisher
& Mary Ann Eaton
WHEREAS the Lake George Park Commission has reviewed the
application, supporting documents, comments received
information which appears in the record; and
WHEREAS the Commission has made a determination pursuant to
6NYCRR 645-3.6 and the State Environmental
Act 6NYCRR 617.5 that the project is a Type II action and does not
require further review of
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
WHEREAS the applicant has applied for a permit construct a
new 36' x 4' articulating wharf on a parcel of property
a subdivision which occurred after the adoption of the Commission’s
WHEREAS the Commission finds that the post-subdivision
lakefront should be utilized in determining the total number of
WHEREAS the applicant has requested variance from 6 NYCRR
(11) Every dock or wharf constructed shall have a minimum setback of
twenty feet from the adjacent property
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
intrusion and to remove three existing moorings to alleviate concerns
about congestion and
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
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
said they are making very good contacts. They have made about
between two locations.
Tom Conerty read and moved to approve Resolution 2005-52 which accepts
of the Law Enforcement Committee. The motion was seconded by Tom
Hall and all
Commission members present voted affirmatively.
WHEREAS the Law Enforcement Committee met August 9, 2005 to
review matters pertaining to the Lake George Park
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
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
Westbrook Stormwater Project.
Joan Robertson made a motion to approve Resolution 2005-47 which was
John Pettica and all members present voted affirmatively.
Meeting #335, August 9, 2005
ADOPT POSITIVE DECLARATION
West Brook Stormwater Project at the Former Gaslight Village/Charlie’s
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
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
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
John Pettica and all Commission members present voted affirmatively.
Commission has established a network of personal computers to integrate
functions and achieve program goals,
equipment must be dependable and technologically adequate for the
efficient administration of Commission
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
network server and associated hardware is also in need of replacement,
be it resolved that the Chairman is hereby authorized to approve the
expenditure not to exceed $12,000 for
server, network operating software and utilities, both hardware and
software, and the necessary
to install and configure said systems, consistent with State Finance
Law and Commission
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
and stream corridor management. He said that all the Commission
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
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
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
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
corridor management and tree clearing with the goal of protecting the
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
development is encroaching on and diminishing the vegetative buffers
which protect the water
streams. These changes have the potential to result in
significant adverse effects to the natural
qualities of Lake George, and
WHEREAS there are a number of very important private and
governmental efforts under way to protect the lake’s
uplands, including private and governmental acquisition programs,
watershed planning and local
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
standards for use by planning and land use officials within the
watershed to guide
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
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
concludes that a comprehensive watershed planning approach to address
issues of tree-clearing
corridor protection is warranted and that such effort to be successful
must be based upon a
approach, increased resources for local government and improved public
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,
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
Program and the Darrin Freshwater Institute Coliform Monitoring Program
Roger Smith said that the Lake George Park Commission runs a pollution
pollution hotline number is the general number for the Lake George Park
(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
differences in the water quality advisory, water quality warning and
water quality watch.
Roger Smith referred to a few different pollution problems that have
summer. Two were septic system failures and the other was a
pretty significant oil spill
in the lake.
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
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
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
Item #10 - Adjournment
There being no further business, on the motion of Tom Conerty, seconded
Robertson, all Commission members present voting affirmatively, the
adjourned at 12:15 p.m.
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.