Lake George Park Commission

Lake George Park Commission

Meeting #367

22 July 2008

Bolton Town Hall

Bolton Landing. NY


Presiding: Bruce E. Young, Chair

Commission Members Present: Thomas K. Conerty
John A. Pettica
Thomas J. Morhouse
Kenneth W. Parker
Roger H. Phinney
Thomas W. Hall
James T. Kneeshaw
John C. McDonald

Commission Members Absent: None


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
Michelle D. Way, Keyboard Specialist I

Commission Counsel Present: Martin Auffredou

Others Present:

Donna Pinkowski Christine Radz Maureen Buhrmaster Ron O’Neil
Daniel Pinkowski Stephen Benya Mark Noordsy Ray Casavant
Buzz Lamb Ray Oliver Walt Lender Dave Decker
Marianne Kuhn Bruce Kuhn Sandy Smith Jeff Provost
George Pensel Lenny Chiriboga Peter Bauer Cherie
Sammis




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

The 367th 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 Roger Phinney, seconded by John McDonald, all Commission members present
voted affirmatively to approve the minutes of the previous meeting.

Item #2 — Fiscal Actions Report for June 2008: Peggy Stevens

Chairman Young said that the Fiscal Actions Reports for June 2008 was submitted to the members for
their review. He asked if any members had questions on the report. There were none.

On the motion of Thomas Conerty, seconded by John McDonald, all members present voting
affirmatively, the June 2008 Fiscal Actions Reports was approved as submitted.

Item #3 — 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 a.m. where they spoke about
marine patrol activities, new hires, patrol engines and radios. He said that they also discussed the
fact that attendance on the lake is down so far this year.

Lieutenant Caifa said that Dayton Dedrick would be starting full duty again next week.

Thomas Conerty read and moved to approve Resolution 2008-41 which was seconded by John
McDonald and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met July 22, 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 #4 — 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 2008-35 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2008-32 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 July 2, 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.

Modification of an Existing Class A Marina submitted by Boats By George, Inc., Town of
Queensbury, County of Warren

Molly Gallagher introduced the project. She said that Mr. Pensel purchased the old Mooring Post
Marina and said that he would like to transfer the ownership of the marina, delete 10 rental boats from
the permit and add 20 quick launches.

A discussion followed regarding the provisions of the regulations for the marina to be transferred.
Molly Gallagher said that “the transfer is considered a ministerial act.” “The marina should be
transferred first,” she said.

Thomas Morhouse made a motion to approve Resolution 2008-42 which was seconded by Thomas
Conerty, all Commission members present voted affirmatively.

A discussion continued regarding the marina modifications.

Chairman Young asked Molly Gallagher if she felt that she had enough information to make a decision.

Molly Gallagher said that she was looking for more numerical data. She said that she did receive
information relative to 2005 data but the data only speaks to the quick launch aspect.

George Pensel spoke on behalf of the application. He said that he is the owner/founder of Boats By
George and has been a local resident of Lake George his whole life.

Mr. Pensel said that the application was in front of the Town of Queensbury who found the
modifications to be a reduction of activity at the existing marina. He added that the rental boats being
removed will reduce transient people traveling on and off the Cleverdale peninsula.

Mr. Pensel said that now that the marina has been sold to him, Mr. Brock’s property is now a
residence. He said that if he wanted to dock boats at this docks he would have to come before the
Park Commission for a new marina permit.

A discussion continued among the Commission members regarding rental boats at the facility, daily
quick launches, mechanical work done on the premises.

Thomas Conerty said that he is in favor of the proposal - the more rental boats we keep on the shore
the better.

John McDonald said that he agrees with Tom Conerty, a reduction of rental boat activity is best for
Lake George.

Ken Parker agrees with everything said thus far and said that he would not have a problem with the
application.

John Pettica said that he agrees with the other Commission members. He said that his concern is
having something in the record showing the decrease of activity.

Roger Phinney said that he certainly agrees that this is a good project. He spoke about the rental
fleet and congestion issues. He believes this to be a good trade off.

Thomas Hall believes this is the making of a good trade. He said that today’s discussion has moved
us closer to conclusion.

Chairman Young said that Mr. Pensel has done a great job with operation of the marina but he has
some concerns with the written documentation in the record. He said that he is in favor of the
application with the written documentation.

Chairman Young asked Molly Gallagher to speak with Mr. Pensel regarding the documentation
requested.

Thomas Morhouse made a motion to table the application which was seconded by Roger Phinney, all
Commission members present voted affirmatively.

Modification of an Existing Class A Marina submitted by Thunderbird Motel of Lake George,
Town of Bolton, County of Warren

Molly Gallagher introduced the application submitted by Leonard Chiriboga of the Thunderbird Motel
of Lake George. Molly Gallagher explained that the Thunderbird Motel recently received a renewal
permit from the Commission.

Molly Gallagher said that the application is not ready for a decision based on the issues with the Town
of Bolton.

A discussion followed among the Commission members regarding the issues with the Town of Bolton.
It was decided that the application would be tabled until issues with the Town of Bolton have been
cleared up.

Mr. Sinnott asked if he could speak for a moment on the Thunderbird application. He said that he has
submitted documents which speak to questions regarding the docks at the motel.

Thomas Morhouse made a motion to table the application submitted by the Thunderbird Motel of Lake
George which was seconded by John Pettica, all Commission members present voted affirmatively.

New Class A Marina submitted by Daniel & Donna Pinkowski, Town of Ticonderoga, County of
Essex

Molly Gallagher introduced the application. She said that Daniel and Donna Pinkowski propose
dockage of two seasonal berthing spaces at their home (67 Outlet Drive, Ticonderoga, NY).

Molly Gallagher said that she has verified parking, bathroom facilities and garbage removal. She also
said that a SEQRA review is not needed based on the APA regulations.

Daniel Pinkowski spoke on behalf of his application. He spoke about the project specifics — that they
are proposing dockage for two boats.

Mr. Pinkowski spoke about the parking facilities and bathroom facilities. He said that there is plenty of
parking for plenty of vehicles as well as adequate bathroom facilities. He said that the bathroom
facilities will be dedicated strictly for the boat berthing customers.

Mr. Pinkowski said that trailers will not be allowed on site, there will be no overnight sleeping and no
parties.

Mr. Pinkowski addressed some of the concerns of the neighbors regarding septic system issues, water
quality issues and impact on the character of the neighborhood.

Ron O’Neil spoke against the project. He spoke about code enforcement, septic system issues,
changes
in the character of the house and neighborhood and the fact that Mr. Pinkowski already has a Class B
marina permit.

Mr. O’Neil said that the whole neighborhood is clearly against the project.

Cherie Sammis spoke against the project. She spoke about her concerns with change in the character
of the established neighborhood and questioned the already permitted Class B marina permit. She
said that this area is shallow and very confined.

Steve Benya spoke in opposition to the Pinkowski project. He said that he has legitimate concerns
regarding the septic system effluent and seepage.

Mr. Benya asked what is the criteria for a Class A marina permit versus a Class B marina permit.

Martin Auffredou, Commission Counsel, explained the differences between the two different permits.

Ron O’Neil spoke again regarding zoning in the Ticonderoga area. He said that it is already zoned for
medium residential/commercial activity already.

Thomas Morhouse said that Ticonderoga does not have very good zoning regulations. He said that
they lack really good ordinances.

Thomas Morhouse said that the outlet area is a very small residential neighborhood and he would like
to wait on the decision of the APA.

Thomas Conerty said that he would like to wait for the APA to make their decision as well.

John McDonald said that in his opinion, the APA determination is needed first — it is a very narrow
area on the lake.

John Pettica said that approving this would not be keeping with the character of the neighborhood.
He said that he would not vote to approve a Class A marina — they already have a Class B marina
permit.

Jim Kneeshaw said that it seems to him that there are property rights that people have reduced to
personal feelings. He added that some other place on the lake we will probably be inclined to give an
approval.

Thomas Hall said that he believes we have enough information to make a decision. We do not
necessarily have to push this to the APA. He said that he would be in favor of the application.

Chairman Young said that he does not see the proof that there is adequate sewage. He said that he
would vote to deny the application.

John Pettica made a motion to deny the application based on septic system issues as well as
navigational issues. The motion was seconded by Thomas Morhouse and a roll call vote was taken.

Ayes: (6) Thomas Morhouse, Thomas Conerty, John McDonald, Kenneth Parker, Bruce Young and
John Pettica
Nays: (3) Thomas Hall, Roger Phinney and James Kneeshaw

WHEREAS the applicant has applied for a permit for a new Class A Marina; 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 Major project pursuant to 6 NYCRR 645-5.3 and public
notice has been published and distributed; and

WHEREAS the Commission finds that the application fails to comply with regulatory limits and
requirements for the following reasons:

Septic system issues and Navigational issues

NOW THEREFORE BE IT RESOLVED the Lake George Park Commission hereby directs staff to issue a
notice of intent to deny the application and to offer the applicant an opportunity to request
a public hearing.

Variance Request submitted by Carriage Hill Lake Club, Inc., Town of Lake George, County of
Warren

Molly Gallagher introduced the project. She said that the Carriage Hill Lake Club is located in Diamond
Point and they are seeking a variance for two “F” shaped docks.

Jeff Provost spoke on behalf of the Carriage Hill Lake Club. He said that they would like to get the
approval to install boat lifts.

Mr. Provost said that the framework will not be sticking out of the water and there will not be any visual
un-seasonal views. He said that this is a safe way to moore the boat in order to protect their
investment.

A discussion followed among the Commission members and Mr. Provost. They discussed the need
for the boat lifts, how many lifts would be installed and what the lifts are made out of including the
warranty information.

Ray Casavant spoke in favor of the application. Mr. Casavant said that he has been a part of the Club
since the 1970's. He said that these dock lifts are great technology and they are esthetically pleasing.

Mr. Casavant added that the reasons for installing the boat lifts are to protect their investment and to
protect life and limb.

Mark Noordsy spoke against the project on behalf of his client, Charles LaPlante. He said that the
situation is understandable and experienced by many, nevertheless, it is not a unique situation. Mr.
Noordsy said “the situation is not unusual enough to approve.”

Mr. Noordsy spoke about additional adverse impacts. He said that the profile of the boat will be even
further out of the water with the approval of this project.

A discussion continued regarding the elevation of the boats, adverse impacts, variance standards and
1.6 standards.

Mr. Casavant explained the dock situation at the Carriage Hill Lake Club. He said that the docks are
quite high and that you need to step down into the boat.

Thomas Hall said that the documentation for a variance has not been met or demonstrated.

James Kneeshaw said that he disagrees with Tom Hall. He believes that they have met the test and
he would vote to approve.

Roger Phinney said that he tends to lean towards Jim Kneeshaw’s decision.

A discussion followed regarding the variance requirements. It was noted that the regulations provide
that
the burden of proof is on the applicant and the applicant should be able to follow the regulations.

Chairman Young said that he does not see enough evidence. He said that more documentation is
needed to justify the hardship.

John Pettica made a motion to table the application which was seconded by Thomas Morhouse, all
Commission members present voted affirmatively.

Wharf Modification submitted by the Antlers at Diamond Point, Town of Lake George, County of
Warren

Molly Gallagher introduced the project. She said that the applicant is seeking approval for install 14
un-canopied boat lifts.

Jeff Provost spoke on behalf of the project applicant. He said that it is basically the same thing as the
project before except for the fact that a variance is not required.

A discussion followed regarding the boat lift placement, material and reasons for installing the lifts.

Thomas Morhouse made a motion to approve the application which was seconded by Roger Phinney,
all Commission members present voted affirmatively.

WHEREAS the applicant has applied for a permit for wharf modification to place 14 uncanopied
boatlifts on existing docks; 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 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 that the Lake George Park Commission hereby approves the above
application.

Item #5 — Public Comments

Lake George Association

Not present.

The FUND for Lake George, Inc.

Peter Bauer spoke regarding the Stream Corridor Management project. Mr. Bauer said that Chris
Navitsky has submitted letters regarding new streams found. He said that approximately 20 new
streams were identified which were not included on the Commission’s streams map.

Mr. Bauer said that it is important for the Commission to stay on schedule as well as to make sure that
the ground work is being done.

A discussion followed regarding the field work being done to find and map the streams and stream
crossings in the Lake George Park.

Lake George Waterkeeper

Not present.

Lake George Watershed Conference

Dave Decker spoke about the annual Invasive Species Week exhibit that was being shown at the Lake
George Visitor Center. He also spoke about Waterfest which was held in Ticonderoga, Lake
Awareness Week with the Big Brothers and Big Sisters group, the 4th Annual Forum, sewer system
video technology and the 1.2 million dollar grant that is primarily for the West Brook project.

Public Comments

Sandy Smith spoke to the members regarding a complaint made against her dock. She said that she
and her family own a summer home in Hague — the Slack House.

It was suggested that she contact Lieutenant Caifa at the Lake George Park Commission office to
discuss her situation.

Item #6 — Adjournment

There being no further business, on the motion of Thomas Conerty, seconded by Kenneth Parker
the meeting was adjourned at 1:55 p.m.

Respectfully submitted,


Michelle D. Way



Secretary’s Note: The next Commission meeting is scheduled for Tuesday, August 26, 2008, 10:00
a.m. at the Hague Town Hall, Hague, NY.