Lake George Park Commission

Meeting #335

27 June 2006

No. Queensbury Fire House

Cleverdale, NY



PRESIDING:                Bruce E.  Young, Chair


COMMISSION MEMBERS PRESENT:    Joan A. Robertson
                        John A. Pettica, Jr.
                        (Denise Sheehan, DEC Commissioner)
                        *Ronald Montesi, representing
                        James T. Kneeshaw
                        Shauna DeSantis
                        Thomas Morhouse
                        Roger Phinney

COMMISSION MEMBERS ABSENT:    Thomas K.  Conerty
                        John C.  McDonald, Jr.
                       
COMMISSION STAFF PRESENT:    Michael P. White, Executive Director
                        Molly Gallagher, Environmental Analyst 2
                        J. Thomas Wardell, Director of Engineering   
                        Roger Smith, Conservation Operations Supervisor 1
                        Keith Fish, Operation’s Director
                        Michelle Way, Keyboard Specialist 1
                        Peggy Stevens, Principal Account Clerk
                            Andrea L. Maranville, Director of Governmental &
                        Community Affairs


COMMISSION COUNSEL PRESENT:    Martin Auffredou

               
OTHERS PRESENT:

Laura Moody        Carole Wentz        David Mc Carey        R.D. Sargent Condit
Bob Cella            Buzz Lamb            Ken Parker            Bob Brodie
Jon Brodie            Matt Fuller            John Caffry            Joan Stone
Lewis Stone            Robert J. Bolen        Carol Collins            Dan Hogan
Robert Bolen, Jr.        Rory Russell            John Boltz            Craig Merrell
Dave Decker       
                        Item #1 - Introductions, Roll Call, Minutes of Meeting

The 345th meeting of the Lake George Park Commission was called to order by
Chairman Young at 10:20 a.m. and the roll was taken. 

Chairman Young noted that the minutes of the previous meeting will be approved with the following change.  He said that the record should reflect that Mr. Young recused himself from discussion and decisions on the Patrick Carney application.

Mr.  Young said that the minutes of the previous meeting were distributed in advance of this meeting to Commission members for their review.  On the motion of Joan Robertson, seconded by James Kneeshaw, all Commission members present voting affirmatively; the minutes of meeting # 344 were approved with the previous change.

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

At this time Molly Gallagher would have read a prepared statement explaining the role of the Project Review Committee and the application process but she didn’t have the statement with her.  Chairman Young explained the Project Review procedures.

Application for Wharf Modification submitted by David & Nancy Mc Carey, Town of Ticonderoga, County of Essex # 1548-1-06 & 1548-2-06

Molly Gallagher introduced the project.  She said that the applicants have 104 feet of lake frontage and the property is located in Ticonderoga just south of Mossy Point.

Molly Gallagher said that the Mc Carey’s would like to construct a U shaped wharf with an open sided boat cover.  Molly said that this application was previously reviewed at the April and May meetings.

Molly Gallagher said that the Commissioners should have received a few more comment letters and that the comment letters received are from James Laundree, Andrea Birkenstock and Bob and Connie Cella.  Molly Gallagher also passed out some colored photos that the Commission may not have had a chance to see.

Chairman Young asked if anyone was present to speak on behalf of the application.

Sarge Condit spoke on behalf of David and Nancy Mc Carey.  Mr. Condit said that he has listed some items as a review that have come up during the application process.

Mr. Condit spoke about where the navigation channel is compared to the placement of the dock structure.  He also said that 20% of the properties in the area currently have boathouses and that this will change in the future if regulations do not change.  Sarge Condit said that he was able to obtain the deeds of the neighbors properties and none of them have any sort of view easements listed.

Mr. Condit said that the character of the area is individual family homes — no commercial use.  Mr. Condit said that if the applicants are given a restriction on their boathouse then the restrictions should be passed along to everyone else. 

Mr. Condit continued to speak of the changes that were made to the application such as the shortening of the dock, moving the dock to prevent the dock from further projection into the lake and the changes to the deck top.

Thomas Morhouse asked Mr. Condit if the pictures he had passed out were taken on the Green’s property.  Mr. Condit said that he did take the pictures at the Green’s property.

The Commissioners and Mr. Condit continued to review and discuss a photo simulation of the dock structure that had been prepared in support of the application.

John Pettica asked Mr. Condit if the shingles of the roof above the dock were going to be green as in the original plan or if they were going to be brown as in the simulation.

Mr. Condit said that they had planned to have green shingles but they are not stuck on a certain color.

Roger Phinney asked Mr. Condit if the pipes with the balloons were moved farther down the shoreline to correspond with the change in dock location for the revised application.

Sarge Condit said that they were moved from the northern location back to the deepest cut to minimize protrusion into the lake.

Chairman Young asked if anyone else was here to speak on the project or if they had any questions for Mr. Condit.

Bob Cella spoke against the project.  He said that he lives at the house to the north and last time he was before the Commission he spoke against the project.  He said that this time he is not necessarily against the project but would rather not have a permit issued.  Mr. Cella said that if a permit is going to be issued then he would like to make sure that there are no side curtains, no deck on top, and no boat lift.

Mr. Cella said that his view and his property value are at stake. 

Chairman Young asked if there was anyone else present to speak on the project.  There was no response.

Application to Construct & Operate an Upland Boat Storage Facility submitted by Yankee Boating Center, Inc., Town of Lake George, County of Warren # 5222-4-06

Molly Gallagher introduced the project.  She said that the application has been revised to include the lot to the south of the storage facility.

Chairman Young asked if there was anyone present to speak on the project.

Bob Brodie, owner of Yankee Boating Center, said that he has been in business since 1972 with the marina and he built a retail boating store 1 ½ miles down the road.  Mr. Brodie said that the store is a year round business that has been open nearly three years.

Mr. Brodie said that the storage building will be approximately 80 feet x 100 feet with a peak roof — approximately 29 feet high.  He said that he bought this additional land to better display the boats he has for sale.  Mr. Brodie said that he intends on storing customers boats at the facility.  He said that customers will not be at the facility.

Mr. Brodie continued to discuss his plans for the facility and asked the Commissioners if they had seen his proposed view of the facility.  The Commission had not received a copy of the plans so Mr. Brodie held up the plans so that the Commission members could get an idea of what the facility would look like.  He said that he tried to follow the same construction as the store.  He said that the building will be made of steel and will have a post and beam look.

Mr. Brodie also explained that the facility will be strictly a cold storage building.  He said that the building will not have heat but will have electricity.  The storage facility will hold new product as well as boats and will not have any restrooms or water.

Mr. Brodie continued his discussion with the Commission members regarding the vegetation that has been planned for the site.  Mr. Brodie said that he hired a landscape architect and an engineer to visit the site and develop a good vegetation plan.

Bob Brodie said that Jim Miller has developed a plan that will offer a lot of screening towards the rear of the Yulman property, who has been objecting to the project.  Mr. Brodie said that the rear of the property that is facing east has at least 100 feet of woods. 

Mr. Brodie said that the landscape architect he hired believes that this vegetation screening is sufficient.  He also said that the proposed building will block Mr. Yulman’s view from the noise on 9N and the view of the road.

John Pettica said that Mr. Brodie has a very aggressive planting approach and asked him if he will have a bond agreement to maintain the plants and trees if they die.

The Commissioners asked Mr. Brodie if the town has any stipulations regarding his planting approach.  Mr. Brodie said that he has not heard of any stipulations from the town.

Chairman Young asked if anyone was present to speak on the project.

John Caffry spoke on behalf of his client, Richard Yulman.  He said that his client recognizes that this a commercial piece of property and can be used as one.

Mr. Caffry said that his clients main concerns are the potential visual impacts and that under the Commission’s regulations a project can only be approved after it is has been determined that there will be no undue adverse impacts.

Mr. Caffry said that the proposed storage building is an enormous 8,000 square foot building that will be 30 feet high next to a residential area. 

Mr. Caffry said that there is already outdoor boat storage on the existing lot which never went through the Park Commission permit process.  He said that there is a lot of visual clutter with all of the different boats and colored tarps in addition to the building. 

Mr. Caffry said that he would like to see a visual impact mitigation so his client has hired his own landscape architect to address these issues.  He said that his prior reports came to the conclusion that the planting plan that Mr. Brodie proposed will have significant adverse environmental and visual impacts. 

Mr. Caffry said that the landscape architect found that the plan is drastically deficient with regard to screening.  He said that the storage building will be visible especially during leaf off conditions. 

John Caffry spoke to the Commissioners about the visibility of the storage facility, vegetation screening, alternative solutions and future zoning possibilities on the Yulman property.

Mr. Caffry said that he would like the Commission to adopt the alternate plan as a permit condition.  He said that he thinks this would be enough to comply with current regulations without causing any undue visual impacts.

Mr. Caffry said that three conditions would be required, one would be to adopt the alternate plan that was filed by Elan Design as the required planting plan and two would be to set as a condition that the trees be watered regularly for the first year, third would require that any plantings that die be replaced. 

Mr. Caffry continued to discuss the planting situation with the Commission members and spoke of the importance of what trees will be needed for obtaining the density required, current conditions and pointed out where his clients apartments are located.  He also went over the simulation photographs of the existing site and the digital images of the proposed site.

Roger Phinney asked Mr. Caffry if the apartments he was referring to are year round.

Mr. Caffry said that the apartments are capable of being year round but are not used year round.

Martin Auffredou, Commission Counsel, asked Mr. Caffry about the Article 78 procedure.

John Caffry said that the procedure has been administratively adjourned without a date.

Martin Auffredou asked what else was being discussed at the planning level.

John Caffry said that he believes that the planning level is complete.  He said that the planting plan that the applicant submitted has been approved.

Thomas Morhouse asked Mr. Caffry what the difference in price is with the planting plan submitted by the applicant compared to the plan that has been developed by Elan Design and submitted by Mr. Yulman.

Mr. Caffry said that the plan that Mr. Brodie submitted cost just over $10,000 and the plan submitted by Mr. Yulman cost just over $30,000.

Chairman Young asked if there was anyone else present to speak for or against the project.  There was no response.

Variance Request for Wharf Modification submitted by Rees Pritchett, Town of Hague, County of Warren # 5226-15-06

Molly Gallagher introduced the project and stated that the applicant, Rees Pritchett, is seeking a variance request.  She said that the parcel is located in Hague and has 80 feet of lake frontage but the property lines converge as you start to extend them into the lake which may make it difficult but not impossible to construct a U shaped dock.

Chairman Young asked if anyone was present to speak on the project.

Laura Moody spoke on behalf of her family who own the lot to the south.  She stated that her family received a request to comment and responded by sending a letter to the Park Commission office.  She said that the letter which was sent was based on the original plans submitted.  She said that it is her understanding that the application has been revised to shorten the length of the dock and lower the height.

Laura Moody said that the comments submitted still stand because as Molly previously stated the property lines converge into the lake and almost all of the northern portion of the U shaped dock is outside of the setback limits.  Ms. Moody said that any structure that is built should fall within the required guidelines set by the Lake George Park Commission.

Ms. Moody recommended the applicant build a T shaped dock or an L shaped dock that would fall within the limits.

Chairman Young asked Ms. Moody how the project would affect herself and her family.

Ms. Moody responded by saying that if this dock were to be built it would affect their view, swim area and access to the back of the bay.

Ronald Montesi said that Ms. Moody’s property is very high and even the proposed dock property is high so the dock would be about 20 feet below when constructed near the level of the lake.

Ronald Montesi continued by asking Ms. Moody how the proposed dock would affect her view.

Ms. Moody said that if would affect their view by simply being there.  She said that currently there is a small dock which can be seen and if a larger dock is placed there it will seen.  She said that the view from the lake into the shoreline will be affected by placement of this dock.

Chairman Young asked if there was any further questions.  There was no response.

Molly Gallagher noted that to date she had not received any revised plans on the Pritchett application.  She said that she has nothing but the original plans.

Carole Wentz responded to the Commission members and said that she had dropped a revised plan off at the Commission office the day prior to the meeting.  She said that she got involved with this project because she offered to help Mr. Pritchett fill out the paper work.  She did not realize that a variance was going to be involved.

Carole Wentz said that she does not have a copy of the application changes with her but the length of the dock was shortened to 30 feet and the height was lowered to 10 feet.

Wharf Modification submitted by Merrell’s Dockside Landing, Town of Hague, County of Warren # 5226-16-06

Molly Gallagher introduced the project.  She said that the application was submitted by Merrell’s Dockside landing and they want to modify their docks by moving 2 twenty foot docks out further along an existing walkway and move their ramp from the front of their property to the side of their property.

Molly Gallagher said that one comment was received from a neighbor concerned about additional boat traffic that may be generated from that ramp.

Chairman Young asked if someone is present to speak on the project.

Craig Merrell addressed the Commission members and explained that in June of 2004 some existing docks, cribbing and a boat ramp collapsed along a submerged slope and were lost.  He said that the property dates back well over a 100 years and was used as a loading site for barges in connection with a nearby graphite mine.

Mr. Merrell stated that the cribbing that actually held the property intact let go and DEC was called immediately along with the Lake George Park Commission who came to the property and did a quick review and did some mitigating factors to help prevent anything else from washing into the lake.

Mr. Merrell said that he made an application to DEC a full year later to refill the property.  He said approximately 750 cubic yards of rip rap and stone was placed to establish the land back in as DEC approved and now he would like to install the docks in a similar fashion to what was there prior.

Mr. Merrell said that the reason the ramp needs to be moved is because the water is much too deep where the cribbing let go and is not economically feasible to put the ramp back into place.

Thomas Morhouse asked Mr. Merrell if DEC permitted the new boat ramp.

Craig Merrell continued to discuss the DEC permit that was issued to Merrell’s Dockside Landing and spoke about the dock configuration which shows what was in place prior to the incident that took place in June of 2004.

Chairman Young asked Mr. Merrell how often the boat ramp is used.

Mr. Merrell said that the boat ramp is not used very often and that it is only a private launch.  He said that launching boats there is very difficult and that the ramp is usually used for pulling rental boats out of the water that are in need of repair.

Mr. Merrell and the Commission members continued to discuss the times when it is necessary for boats to be used on the ramp and the cribbing material.

Chairman Young asked if anyone had questions for Mr. Merrell.  There was no response.

Wharf Modification submitted by Rory Russell, Town of Fort Ann, County of Washington # 5328-11-06

Molly Gallagher introduced the project and said that Mr. Russell is applying for a permit to install two uncovered boat lifts on the dock and has 66 feet of lake frontage.  She said that comments from the neighbors have been received relating to visual impacts.

Molly Gallagher passed around photographs of the Rory Russell property from the site inspection.

Chairman Young asked if anyone was present to speak on behalf of the applicant.

Daniel Hogan spoke on behalf of the applicant stating that Mr. Russell proposes to place boat lifts at his southern dock and his central dock.

Mr. Hogan said that the comment letters received do not mention any visual concerns about the central dock so he has asked that the permit for the central dock be granted. 

Mr. Hogan continued to discuss the placement of the boat lifts and the letter received from Mr. Creede stating that he has inspected the north, central and southern docks and that the boat lifts should be placed on the southern dock and the central dock.

Mr. Hogan said that two boats have already gone down at the southern dock and that Mr. Russell certainly has a reason to protect his assets.  He then proceeded to ask the Commission members to look at the photos that he submitted and superimpose the pictures to see what type of visual impacts would arise.

Mr. Hogan also spoke about the concerns in the swimming area and the safety of the swimmers.  He said that a boat is already being berthed at the southern dock and if a boat lift is installed he doesn’t see how this will alter the swimming area.

Chairman Young asked Mr. Hogan how high the boat lifts are.

Daniel Hogan responded and said the boat lifts are 77 ½ inches from the bottom of the water.

Rory Russell said that the height of the boat lift can be adjusted at the time of installation.  He said that he plans on keeping the boat about 12 to 14 inches above the water.

Mr. Hogan said that he and his client, Rory Russell, do not believe that the boat lifts will cause a substantial or undue impact.

Chairman Young asked if anyone had questions for Mr. Hogan.

John Pettica mentioned the fact that Mr. Russell is 4 feet from the property line and asked him why they have not considered the northern dock.

Mr. Hogan said that yes they are very close to the property line and have not considered the northern dock because the expert, Mr. Creede, thinks that the navigation on that side is problematic and because of the fact that you get more waves from the prevailing north wind.

Roger Phinney asked Mr. Russell about the 2 boats that sank on the most protected dock and asked him if anything is docked at the northern dock.

Mr. Russell said that the weather there is extremely hard.

Chairman Young asked if there were any further comments or questions for the applicant.

Matthew Fuller, representing the Bolen family, said that he had contacted the Adirondack Park Agency about clear cutting that had taken place on the property after the Commissioners had left the site.  He said that he e-mailed the pictures to the Park Commission and was happy to see that all of the Commission members received a copy.

Mr. Fuller mentioned a letter that was prepared and sent from Mr. Hogan that stated that Mr. Bolen used Mr. Russell’s center dock and wanted to make sure that the record reflected that Mr. Russell uses the center dock not Mr. Bolen.

Mr. Fuller said that his client is not opposed to Mr. Russell’s application completely.  He said that his client has made a reasonable request asking that the boat lift be placed on the northern end of the structure.

Mr. Bolen spoke against the boat lift being placed on the southern dock.  He gave a brief description of his property and the amount of time his family has owned the property.

Mr. Bolen said that he and his family are not contentious or unreasonable people.  He said that when Mr. Russell’s boat broke free he and his brother called Mr. Russell and held the boat off of the rocks until someone could come and take care of the boat.

Mr. Bolen said that he believes his request is not unreasonable and hopes that the lift is not permitted to be on the southern dock.

Mr. Hogan readdressed the Commission members and said that the boundary line dispute between his client and Mr. Bolen is not something that the Commission needs to consider or decide on.  He said that they are strictly here for an application to install two boat lifts.

Thomas Morhouse asked what the water depths are on the north and south side of the dock.  Mr. Russell responded and said that the depths are both about 6 feet.

Item #3 - Fiscal Actions Report: Peggy Stevens
 
Chairman Young said that the May Fiscal Actions Report was distributed with the meeting package to all of the members.  Everyone should have received a copy, he said.  He asked if there were any questions on the report.  There were none.

On the motion of Joan Robertson, seconded by Thomas Morhouse, all members present voting affirmatively, the May Fiscal Actions Report was approved as submitted.

Resolution 2006-54 — Authorizing the Purchase of Mid Grade Gasoline from Griffith Energy

John Pettica read and moved to approve Resolution 2006-54 which was seconded by Roger Phinney and all Commission members present voted affirmatively to approve the resolution.

Item #4 - Project Review — Resolutions

Resolution 2006-47 — Acceptance of the Project Review Report

WHEREAS    the Commission has received and reviewed the Project Review Actions Report prepared by staff and dated June 13, 2006, and;

WHEREAS    the Project Review Committee recommends acceptance of the Project Review Actions Report.

NOW THEREFORE BE IT RESOLVED that the Commission directs that the Project Review Actions Report be incorporated in the minutes of the full Commission meeting.

Joan Robertson read and moved to approve Resolution 2006-47 which was seconded by Thomas Morhouse. All Commission members present voted affirmatively to approve the resolution.

Resolution 2006-48 — David & Nancy Mc Carey

Chairman Young asked the Commission if they wanted to discuss the Mc Carey application.

Ronald Montesi said that he had been to the site several times and that significant changes have been made to the application.

Thomas Morhouse said that he has gone back and forth on this application and he commends the Mc Carey’s on the changes they have made.  He said that he  would vote in favor of the application.

Joan Robertson also commended the Mc Carey’s and said that they have been good tempered and she would vote to approve the application.

Thomas Morhouse read and moved to approve Resolution 2006-48 which was seconded by Joan Robertson; all Commission members present voted in the affirmative.

WHEREAS    the Lake George Park Commission has reviewed the revised 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 construct a 50' long, 26' wide U-shaped crib wharf with an open-sided boatcover; 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.

WHEREAS    the Commission finds that the proposed project is reasonable and necessary and will not cause unreasonable, uncontrolled, or unnecessary damage to the natural resources of the state, including soils, forests, water, fish, shellfish, crustaceans and aquatic and land-related environment; and

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby approves the above application, with the following conditions:

        No boat lift shall be placed on this dock.

        No curtains, tarps or other materials shall be installed so as to eliminate or decrease the open sides of the boat cover.

Resolution 2006-49 — Yankee Boating Center, Inc.

Chairman Young asked if anyone wanted to speak about this project.

James Kneeshaw addressed the members and said that he visited the site and appreciates the effort that all parties have put into this application and in his opinion there are no undue impacts.

A discussion continued regarding the availability of sunlight for the plants and trees so that they survive.  The Commission continued to discuss how they should look at the buffers — are they adequate or inadequate.

Shauna DeSantis said that she would love to see the neighbors come to an agreement.  She also stated that she is not opposed to the applicants planting plan but recommended that some more plants be placed along the southern side of the project.

Ronald Montesi said that he visited the site on Friday and said he is sensitive to the concerns of Mr. Caffry’s client.  He said that it is a commercially zoned property and has a right to use it that way.

Chairman Young said that he would like to see Mr. Brodie volunteer to place more trees on the southern side of the project site.

Mr. Brodie addressed the Commission members and said that he would be willing to place more plantings on the southern side (along the rear of the open boat storage area).  He said that he would like to use the same type of planting arrangements as in plan such as the same density and same number of trees.

A discussion continued among the Commission members and Mr. Brodie regarding the placement of more plants to the south of the proposed building to the rear of an existing boat sales facility, concerns about tree survival and the process of expediting the permit to Mr. Brodie.

Martin Auffredou, Commission Counsel said that a condition can be put into the resolution but it is not necessary.

Commission members delegated staff the right to issue a permit upon receiving and approving an updated screening plan from Yankee Boating, Inc.

Thomas Morhouse read and moved to approve Resolution 2006-49 which was seconded by Joan Robertson and all Commission members present voted affirmatively.  
WHEREAS    the applicant has applied for a permit to operate a Class A Marina offering sales of boats and marine products, indoor winter storage for up to 30 vessels and outdoor winter storage for up to 25 vessels; 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 that the project is an Unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617.5 and has made a determination that the project will have no significant impact on the environment; 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 as required; and

WHEREAS    the applicant has demonstrated that the facility complies with the Class A Marina requirements of 6 NYCRR 646-1.2; 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 resolves to approve the above application with the following modifications/conditions:

        1.  Staff is authorized to to approve additional plantings for screening for the south lot consistent with the discussion at this meeting.

        2.  The permittee shall maintain plantings as shown on the attached landscaping plan.

Resolution 2006-50 — Rees Pritchett

Joan Robertson said that there seems to be congestion in a small bay.

Thomas Morhouse spoke of the encroachment that will occur on both boundaries if the project is approved.  He said that he could not approve a U shaped dock.

Martin Auffredou spoke with Commission members regarding the variance request submitted by Rees Pritchett.  He also spoke of the required findings in order to grant a variance request.

The Commission members taking note of the fact that revised project plans had apparently been submitted as recently as yesterday decided to table the application and have the application brought back for the next meeting.

Thomas Morhouse made a motion to have the application tabled which was seconded by Joan Robertson and all Commission members present were in favor of tabling the application until the next Commission meeting.

Resolution 2006-51 — Merrell’s Dockside Landing

Chairman Young asked the Commission members if they wanted to discuss any aspect of the application.

Thomas Morhouse said that the dock has already been in place so he doesn’t see how it will cause more boat traffic.  He said that traffic doesn’t seem to be an issue and he would be in favor of approving the application.

John Pettica agrees with Mr. Morhouse and said that use would be minimal.  Mr. Pettica referred to a letter from Kathy Clark, Town of Hague Zoning and Land Use Coordinator, and said that he is also in favor of approving the application.

Ronald Montesi said that he would approve the application.

James Kneeshaw asked Craig Merrell if all rental boats are inspected when they are returned.

Commission members spoke about a condition being set that states that no quick launches are allowed.  They decided that no public launching or docking is allowed except in cases of emergency.

Thomas Morhouse read and moved to approve Resolution 2006-51 which was seconded by Joan Robertson and all Commission members present voted affirmatively.

WHEREAS    the applicant has applied for a permit for wharf modification to relocate two piers and a launch ramp at an existing 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 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, with the following conditions:

        1.  The ramp shall not be used for quick launch.

        2.  The ramp shall not be used for public launch with the exception of emergency use.

Resolution 2006-52 — Rory Russell

Thomas Morhouse said that it seems strange to him that the homeowner is adamant that he will not use the north side of his dock.

Joan Robertson commented that the boats look very secure in the boat lifts but that she would rather see the boat lift placed on the northern dock because of the congestion issue.

John Pettica said that he feels Mr. Bolen has been put out enough already and that the lift should be placed on the northern dock as opposed to the lift on the southern dock.

Ronald Montesi said that there is no reason that a boat can not be placed on the northern side of the dock.

Roger Phinney said that he has the same feelings of intrusion on Mr. Bolen’s property line and he is opposed to the boat lift on the southern side.

Shauna DeSantis said that she concurs with all of the comments stated.

The Commission members continued to discuss the congestion and safety concerns of the application as proposed.

Chairman Young called upon Mr. Russell to ask if he wanted to make changes to his application but he was no longer present.

Chairman Young said that if Mr. Russell was present he would be willing to give him a chance to verbally change the placement of his boat lift from the southern dock to the northern dock so that his application could be approved.

Thomas Morhouse read and moved to deny Resolution 2006-52 which was seconded by Joan Robertson and all Commission members present were in favor of denying the application.

WHEREAS    the applicant has applied for a permit for wharf modification to install two uncovered boat lifts on an existing wharf; and

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

        The lift proposed for the south side of the dock would result in an undue visual impact, safety concerns and congestion in the area.

NOW THEREFORE BE IT RESOLVED
        The Lake George Park Commission hereby denies the application and directs staff to offer the applicant an opportunity to request a public hearing.

AND FURTHER RESOLVES
        to authorize staff to approve a revised application for the lift in the center of the dock and for a lift on the north side of the dock.

Item #5 - Law Enforcement Committee Report: Thomas K. Conerty

Chairman Young said that there was an enforcement meeting and he called upon Lieutenant Schneider to give his report.

Lieutenant Schneider said that there was a short regular meeting and a long executive session.  He said that discussion included the radio repeater saga and that they are currently using a temporary repeater until the new repeater arrives.

Lieutenant Schneider said that In-Service training started on June 26, 2006 and that Marine Patrol officers should be out in full force this coming Friday.  Lt. Schneider also spoke of changes to the radio maintenance contract.

Resolution 2006-53 — Law Enforcement Report

WHEREAS    the Law Enforcement Committee met June 27, 2006 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.

John Pettica read and moved to approve Resolution 2006-53 which was seconded by Roger Phinney and all Commission members present voted affirmatively to approve the resolution.

Item # 6 - Eurasian Watermilfoil Update: Michael P. White

Michael White gave a report on the start of the season for Lycott Environmental, Inc.
He said that they have started work beginning in the southern basin and that beginning
Monday Lycott will be operating for eight weeks.

Item # 7 - Report On Sandy Bay Mooring Restoration Project: Roger Smith

Roger Smith spoke about the progress that has taken place in Sandy Bay.  He said that
Sandy Bay is an established restricted use zone under the Commission regulations and
as part of that the Commission maintains 55 mooring buoys for public use.

Mr. Smith said that over the past few years many attempts have been made to restore
and maintain the buoys.  He said that in 1989 or 1990 there were 55 buoys in place and
when he went back in 1999 12 chains were replaced.

Mr. Smith told the Commission members that in the fall he went to Sandy Bay and
counted only 31 remaining buoys on the surface and in November he spent 8 hours in
the water marking the buoys.

Mr. Smith spoke about the resolution that was passed in October of 2005 asking to
have a diver go in Sandy Bay and locate the lost anchors.  He then reported that on the
24th and 25th of May he and several divers from the Dock Doctors recovered lost
anchors and retrofitted and replaced those anchors.

Mr. Smith said that 20 new buoys were purchased and LGPC was stenciled on those
buoys with the help of DEC and Green Island to help minimize loss of the buoys.

Roger Smith reported that as of today there is a full complement of 55 buoys in Sandy
Bay.
 
Item # 8 - Water Quality Programs Report: J. Thomas Wardell

Tom Wardell addressed the Commission members and said that he sent out his
stormwater reports and everyone should have received a copy.

Mr. Wardell said that yesterday at the office we received 4.2" of rain.  He said that
when the lake level gets over 4' the gate positions are fully open to help get the water
level down.

Mr. Wardell also discussed a field trip which was sponsored by the Warren County
Water and Soil Conservation Department that he and Andrea Maranville had taken part
in. 

Tom Wardell also mentioned that the Nextel project is well underway and that the
concrete has been placed and all of the large trucks have come and gone.
 
Lake Level

Mr. Wardell said that the lake level at Rogers Rock is 4.33.

Item #7 - Invasive Species Prevention Program Update: Andrea Maranville

Andrea Maranville relinquished her place on the agenda so that the public would have a
chance to speak.

Item #8 -  Public Comments

Lake George Association

No comments.

Lake George Watershed Conference

Dave Decker from the Watershed Conference addressed the Commission members
and spoke about the boat wash station that has been placed at Norowal Marina.  He
said that a full wash site has been placed at Norowal Marina and that a presence is at
the Mossy Point Boat Launch.  He continued to speak about the survey that was
developed by Conference members and what criteria they look for to determine if a
vessel is at risk.

Mr. Decker also spoke about Lake Awareness Day with the Big Brothers and Big
Sisters boat cruise.  He said that they get involved in collection of  water samples.

Dave Decker said that he has met with some folks from the Town of Queensbury and
the Town of Fort Ann about septic system maintenance. 

Roger Phinney asked Dave Decker how many boats have been washed at the wash
stations.  Mr. Decker said that at this time no boats have been washed.

The FUND for Lake George

Carol Collins addressed the Commission members and spoke of the grants that were
received thanks in large part to Governor Pataki, Senator Betty Little, Assemblywoman
Teresa Sayward and the NYS DEC, she said.

Carol Collins said that they have received these grants for the removal of milfoil in Lake
George and are doing this in collaboration with their long time partners, the Lake
George Park Commission and their new collaborators Lycott Environmental, Inc.  She
said that she is very excited about this opportunity to remove major, dense beds of
milfoil from the lake.  She said that this would not be possible without the twenty years
of dedication and effort by the FUND and the Park Commission and the Freshwater
Institute.

Ms. Collins spoke about many of the stormwater issues around the lake.  She said that
many of the development sites that began to be monitored have failed and that they are
very nice to observe. 

Carol Collins spoke of many specific stormwater issues and said that we need to keep
vigilant about these projects and continue to follow up on these development projects.    
Carol Collins said that she looks forward to working with the Commission on more
serious effort. 

Lake George Waterkeeper

No comments.

Item #9 - Adjournment

There being no further business, on the motion of Roger Phinney, seconded by
Joan Robertson, all Commission members present voting affirmatively, the meeting
was adjourned.
               
                        Respectfully submitted,



                        Michelle D. Way                                Keyboard Specialist 1


Secretary’s Note:    The next Commission meeting is scheduled for TUESDAY, July 25, 2006, 10:00 a.m. at the Hague Town Center, Hague NY.