Lake George Park Commission

Meeting #357

24 July 2007

Bolton Town Hall

Bolton, NY

 

Presiding: Bruce E. Young, Chair

Commission Members Present: Thomas K. Conerty Thomas J. Morhouse

Kenneth W. Parker Roger H. Phinney Thomas W. Hall John C. McDonald, Jr. John A. Pettica, Jr.

 

Commission Members Absent: Shauna M. DeSantis James T. Kneeshaw

 

Commission Staff Present: Michael P. White, Executive Director

Roger Smith, Conservation Operations Supervisor II

Molly Gallagher, Environmental Analyst II

Michelle Way, Keyboard Specialist 1

Peggy Stevens, Principal Account Clerk

Keith Fish, Operation’s Director

 

Commission Counsel Present: Martin Auffredou

 

Others Present:Robert Tobin Beate Tobin Darcy Harding Derwin Stevens

Frank DeNardo Buzz Lamb Gary Brown Dorothy Munger

Kathy Bozony Debby VanVranken Louise Marwill Robert McNally

Mary Alice Leary Jeffrey Meyer Chris Navitsky Dave Decker

 

 

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

The 357th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:05 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 were none.

On the motion of John McDonald, seconded by Thomas Conerty, all Commission members present voted affirmatively to approve the minutes of the previous meeting.

Item #2 — Fiscal Actions Report: Peggy Stevens

Chairman Young said that the June Fiscal Actions Report was distributed with the meeting package to all of the Commission members for their review. He asked if there were any questions on the report. There were none.

On the motion of Thomas Conerty, seconded by John McDonald, all members present voting affirmatively, the June Fiscal Actions Report was approved as submitted.

Resolution 2007-56 — Mailings Made Easy

On the motion of Thomas Conerty, seconded by John McDonald, all Commission members present

voted affirmatively to approve resolution 2007-56.

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 payment not to exceed

$5,100.00 for Mailings Made Easy of Glens Falls for postage, processing and bulk mailing of the Summer 2007 Newsletter.

 

Item #3 — Project Review — Public Comments on Pending Applications and Project Review

Resolutions: Molly Gallagher

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

Commissioner Young spoke about the Project Review portion of the meeting.

 

Resolution 2007-51 — Acceptance of Project Review Actions Report

Thomas Morhouse read and moved to approve resolution 2007-51 which was seconded by Thomas

Conerty and all members present voted affirmatively to approve the resolution.

WHEREAS the Commission has received and reviewed the Project Review Actions Report prepared by staff and dated July 9, 2007.

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.

 

Modification of an Existing Dock submitted by William & Carissa McMahon, Town of Bolton,

County of Warren

Molly Gallagher presented the project. She said that William and Carissa McMahon have applied to

modify an existing dock which is located in Shadow Bay.

Molly Gallagher said that the existing "L" shaped dock will be changed to a "U" shaped stake dock.

She said that the project meets all of the design limitations and because of some comments from the

neighbors a possible revision has been discussed.

Frank DeNardo spoke on behalf of the applicant. Mr. DeNardo said that this is a simple project — a

456 square ft. "U" shaped stake dock. He said that he would be happy to answer any questions.

The revised plans was passed around to each of the Commission members for their review.

Thomas Morhouse said that the dock is parallel to the shore and this revision parallels the dock

further to the shore.

Kenneth Parker asked if the dock is covered.

Mr. DeNardo said that it is not a covered dock and said that there are no plans to make this a covered

dock.

Mr. DeNardo said that he would be happy to answer any more questions that the members may have.

Derwin Stevens spoke against the project and said that his wife owns the property just south of the

McMahon property. He said that he can understand why they need a new dock — the existing dock is

barely adequate for one boat but questioned why a "U" shaped dock is needed. Mr. Stevens said that

he would fully support a two boat dock structure.

There being no further comments a motion was made to approve the application with the discussed

modifications. Molly Gallagher and Thomas Morhouse continued to work together to revise the

resolution to include the modifications discussed.

Thomas Morhouse read and moved to approve Resolution 2007-52 which was seconded by John

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

WHEREAS the applicant has applied for a permit to replace an existing dock with a 32' long, 24' wide, U-shaped stake-supported wharf; 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 interested parties have brought forth concerns about the project’s conformance with regulatory standards; and

WHEREAS the Commission finds that the application complies with regulatory limits and requirements; 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 the Lake George Park Commission hereby approves the above application, with a

modification to the location and angle of the dock as depicted by staff on the attached plans.

 

New Dock Construction submitted by Ijam Limited Partnership, Town of Bolton, County of

Warren

Molly Gallagher introduced the project and said that the property is co-owned by Ijam limited

Partnership and Dolores Kunker. She said that they are proposing to construct a 40' long, 6' wide

straight pier that is crib supported.

Molly Gallagher said that there is a long history on this piece of property. She said that this property

has long been without a dock completely but at various stages from our grandfathering days in 1981

various different straight piers have been in the water for short periods of time.

Molly Gallagher said that a 1981 grandfathering document shows a picture of the dock on its side. A

discussion continued regarding the dock structures that existed on the parcel.

Molly Gallagher said that she has not yet received a full variance request.

Chairman Young asked if anyone was present to speak on behalf of the applicant. There was no

response.

Chairman Young asked if anyone was present to speak against the project. Mr. Robert Tobin spoke

against the project. He said that his family owns the property to the north and they believe that the

proposed dock is too large for the size of the parcel.

Mr. Tobin continued to read from a letter he had prepared for the meeting. He said that the owners of

this parcel have been benefitting from several issues that have come up over the years.

Mr. Tobin asked that the size of boats be restricted as well as overnight use because of the lack of

facilities and the close proximity to homes in the area.

A discussion continued among the Commission members regarding the original dock structure.

Dorothy Munger spoke against the project. She said that she is the owner south of the Kunker

property.

Ms. Munger spoke about the original cribbing and dock structure. She said that the only credible

information relating to the size of the dock is a letter from Karl Parker to Fran Fernandez which is

contained in the Commission’s file.

Molly Gallagher said that the Dock Doctors have previously measured the cribbing and found that the

far end is 40' from the mean high water mark.

John McDonald asked if a marina permit was ever issued. Molly Gallagher said that a marina permit

has never been issued.

Chairman Young said that he can’t see any action being taken on this application today so it looks as

if the application will be tabled.

Thomas Morhouse made a motion to table the application which was seconded by Thomas Conerty

and all members present voted affirmatively to table the application.

 

Modification of an Existing Dock submitted by Darcy Harding, Town of Queensbury, County of

Warren

Molly Gallagher introduced the application. She said that the applicant has 10' of lake frontage and is

looking to remove a pre-existing, non-conforming straight pier dock that is 5' wide and 25.4' long.

Bob McNally spoke on behalf of Darcy Harding. He said that the property to the right is owned by the

Farry family and the property to the left is owned by the Randles.

Mr. McNally said that Darcy Harding has a 8 x 10 dock section at the shoreline and a crib dock that

extends from that section. He said that Darcy Harding is proposing to remove the wharf and replace it

with a free standing boat lift that is 12.5' long with the feet underwater to get rid of the encroachment on

the adjacent property.

Mr. McNally said that there is no possible way to reconstruct or modify the dock to meet the set back

requirements because Ms. Harding only has 10 feet of lake frontage.

A discussion continued regarding the width and length of the boat lift.

Jeffrey Meyer of Fitzgerald, Morris, Baker and Firth spoke on behalf of Nancy Farry who is in opposition

to the application submitted by Darcy Harding. He said that numerous applications have been

submitted over the years.

Mr. Meyer said that he is requesting that the application be denied based on the submitted survey. He

said that there is a property line encroachment and if the boat lift is approved then it would be like

approving another encroachment.

Mr. Meyer said that this is too much development for such a small parcel.

A discussion continued among Bob McNally, Jeffrey Meyer, Gary Brown and the Commission

members regarding adverse impacts, encroachment, existing dock structures and the proposed boat

lift.

Mr. Meyer said that the Farry family are year round residents on Lake George and they worry about

having to look at the boat lift all winter. He said that there are no feasible alternatives and said that

Darcy Harding should maintain her dock which has fallen into disrepair.

Gary Brown spoke against the application submitted by Ms. Harding. He said that this issue has

always been a thorn in his side and continued to discuss several issues that occurred in the past.

Mr. Brown said, "I personally do not want to see the boat lift 365 days a year."

A discussion continued.

Martin Auffredou, Commission Counsel, said that there are some very good arguments but he has

some concern about the standards. He said he doesn’t believe there is enough evidence to support

the need for a variance.

Martin Auffredou said that the unique and peculiar circumstances must be proven as well as the lack

of reasonable return in dollars and cents proof.

After a discussion among the members it was decided that the application should be tabled to allow

the applicant more time to gather the information needed to go forward.

John Pettica made a motion to table the application which was seconded by Roger Phinney and all

members present voted affirmatively to table the application.

 

Item #4 — Stormwater Management Report: Michael P. White

Michael White said that a stormwater report was sent out with the meeting information and said that

everyone should have received a copy. He asked if there were any questions. There were none.

Mr. White discussed the vacancy of the Park Commission Stormwater Engineer and said that the

program is undergoing some stresses but permit applications are being processed thanks to the help

of Roger Smith.

Michael White said that he has hired two different stormwater inspectors to do "windshield surveys"

which means that the inspectors do not get out of their car — they would take pictures from a public

road.

Mr. White said that (3) three Water Quality Watches have been issued and he continued to explain the

reasons for the issuance of a water quality watch.

 

Item #5 — Law Enforcement Report: Thomas K. Conerty

Michael White spoke on behalf of Joseph Schneider who was unable to attend the Commission

meeting.

Mr. White said that Lieutenant Schneider has accepted a promotion as Chief Environmental officer out

of Ray Brook and is now Captain Schneider. A discussion continued regarding the days Captain

Schneider will be working out of the office.

Thomas Conerty read and moved to approve Resolution 2007-55 which was seconded by John

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

WHEREAS the Law Enforcement Committee met July 24, 2007 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 — Repeal of SEQRA Lead Agency Status — Westbrook

Michael White said that a consortium of agencies asked the Commission to act as Lead Agency for

the Westbrook project. He said that since then several changes to the project and players have

occurred. Mr. White said that these changes are very significant.

Mr. White said that he spoke to Mayor Blais and sent a letter conceding that the Commission would be

agreeable with stepping down from Lead Agency and allowing the Village to act as Lead Agency.

Mr. White said that the Commission will send a letter to all involved agencies regarding the change in

Lead Agency status.

Thomas Conerty read and moved to approve Resolution 2007-57 which was seconded by Thomas

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

WHEREAS on August 9, 2005 the Commission adopted a resolution to assume Lead Agency status under the State Environmental Quality Review Act (SEQRA) for the Westbrook Stormwater Management Project ("the original project") located in the Village and Town of Lake George and to adopt a Positive Declaration, a copy of which is attached, and

WHEREAS the purpose of the original project was to construct a stormwater management facility to reduce pollutant loads to Westbrook and Lake George contained in "urbanized runoff" from the surrounding "watershed" and to create other beneficial public purposes including a staging area for temporary structures and events, and

WHEREAS since the adoption of the Positive Declaration the original project has undergone significant changes and confronted numerous delays and re-design so that the scope of the original project has changed substantially and the identity and number of involved agencies accordingly has been affected, and

WHEREAS the project sponsors have undertaken site investment procedures in order to better evaluate the presence or absence of contamination, and

WHEREAS the basis for the Commission status as an involved agency has been eliminated in that the Commission will no longer be providing funds for the project as revised ("revised project") nor does the revised project as re-designed require a permit from the Commission, and

WHEREAS due to the change in scope of the project and the nature of its objectives, the change in involved agencies and the change in status of the Commission as an involved agency, it is necessary and appropriate that the procedures for establishing lead agency status and determining significance under SEQRA be re-visited.

 

NOW THEREFORE BE IT RESOLVED that the Commission consents to the Village of Lake George being Lead Agency for the revised project, and

BE IT FURTHER RESOLVED that the Chair of the Commission is authorized to provide notice to the involved agencies of the Commission’s intention to rescind the Positive Declaration for the original project, and thereafter rescind the Positive Declaration for the original project in accordance with the notice procedures of 6NYCRR Part 617.

 

Item #7 Public Comments

Lake George Association

Kathy Bozony spoke on behalf of the Lake George Association. She said that a lot of rain and a lot of sediment has been running into the lake and said she knows that jurisdiction is sometimes overlapped. She said that it is critical to find out who has jurisdiction for enforcement matters.

Kathy Bozony continued to discuss a large plume that was found in the Cleverdale area and said that tree clearing has been done in the Bolton and Queensbury areas around the lake.

The FUND for Lake George, Inc.

Not present.

Lake George Waterkeeper

Christopher Navitsky congratulated Joseph Schneider on his promotion to Captain and said that he wanted to give Joe an official Lake George Waterkeeper hat.

Mr. Navitsky discussed variances for stormwater management and spoke about stream corridor regulations.

Lake George Watershed Conference

Dave Decker spoke about Lake Awareness week, stormwater monitoring, field inspectors and boat wash stations. He also spoke about the Land Conservancy and said that they opened a new office.

Mr. Decker also discussed the Rockhurst/Cleverdale sewer district. He said that 120 properties will be included in this septic maintenance district.

 

Item #8 — Adjournment

There being no further business, on the motion of Thomas Conerty, seconded by Roger Phinney the

meeting was adjourned at 12:05 p.m.

Respectfully submitted,

 

 

Michelle D. Way

Keyboard Specialist

 

 

 

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, August 28, 2007, 10:00 a.m. at the Hague Town Hall, Hague, NY.