Lake George Park Commission
Meeting #333

24 May 2005

North Queensbury Fire House

Cleverdale, NY




PRESIDING:                                           Bruce E. Young, Chair


COMMISSION MEMBERS PRESENT:  Thomas K. Conerty

                                                                Joan A. Robertson

                                                                Anthony P. Reale

                                                                Margaret M. Stewart

                                                                John C. McDonald, Jr.

                                                                Roger H. Phinney

                                                                Shauna M. DeSantis

                                                                John Pettica, Jr.

                                                                Thomas K. Conerty

                                                                (Erin M. Crotty, DEC Commissioner)

                                                                Tom Hall, representing

 

COMMISSION STAFF PRESENT:         Michael P. White, Executive Director

                                                                Lt. Joseph H. Schneider, Director Law Enforcement

                                                                Keith Fish, Operation’s Director

                                                                Roger Smith, Conservation Operations Supervisor I 

                                                                Molly Gallagher, Environmental Analyst I

                                                                J. Thomas Wardell, Senior Sanitary Engineer

                                                                Peggy Stevens, Principal Account Clerk

                                                                Michelle Way, Keyboard Specialist I


OTHERS PRESENT:

 

David J. Decker                                       Mary Alice Leary                                      Chris Navitsky

Mary-Arthur Beebe                                  Joan S. Stone                                          Howard Krantz

Dennis MacElroy                                     Nick Lamando                                         Sylke Chesterfield

Tom Roach                                              Jeff Provost                                             Mike Ravalli

Tom DeNardo                                          Jon Oakman                                            Peter Fraser


Item #1 - Introductions, Roll Call, Minutes of Meeting

 

The 333rd meeting of the Lake George Park Commission was called to order by Chairman Young at 10:00 a.m. and the roll was taken.

 

Mr. Young said that the minutes of the previous meeting were distributed in advance of this meeting to Commission members for their review. He asked if there were any corrections or additions.

 

 

Upon the motion of Joan Robertson, seconded by Roger Phinney, all Commission members present voted affirmatively to approve the minutes of Meeting #332 as submitted.

  

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

               Maggie Stewart

  

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

 

Class A Marina Modification submitted by Thomas Roach, Town of Lake George, County of Warren – #5222-7-05

 

Maggie Stewart introduced the first project. She said that the project is located in the Town of Lake George, County of Warren.

 

Molly Gallagher said that this is an application submitted by Mr. Roach for Adirondack Marine also known as Bayfront Cottages. Molly Gallagher said he is looking to modify his marina permit to add non-advertised selected rental of two vessels. She said one is a ski boat that is 21 feet in length and the other is a pontoon boat which is 24 feet in length. Molly Gallagher asked Mr. Roach if he would like to speak on behalf of the project.

 

Mr. Thomas Roach, speaking on behalf of the project, said he has a ten unit resort facility on seven acres and 350 feet of lake frontage with deeded access to the Crest Haven Beach area. He said Adirondack Marine’s niche is ski boats and his background is water ski school and twenty-one years in ski boat sales and service.

 

Mr. Roach said he is interested in selectively renting one pontoon boat, mainly to his Bayfront guests. Mr. Roach said that many of his guests have been coming to Lake George for the past 50 years and have not missed a season yet. He said he finds that some of his guests have ski boats at home and are interested in renting a ski boat while they are staying at the cottages.

 

Mr. Roach said that the ski boats are mostly 45 mph boats that are really designed for the driver because you have perfect control and visibility. He said he would absolutely be selective with the rental of these boats. He said he already selectively offers rental boats on Lake Placid.

 

Maggie Stewart asked how Mr. Roach will determine if the person driving the boat knows what they are doing?

 

Mr. Roach said that they have a short boating questionnaire and he said the customer will be taken out in the boat to make sure he or she does know how to drive the boat.

 

Bruce Young asked if Mr. Roach has any other rental boats on the property. Mr. Roach said they do not have any other rental boats on the property.

 

 Mr. Roach said that he mainly keeps his dockage open for his guests. He said this is usually just one boat for the week and in the past he has had no more than 4 boats on his dock.

 

Bruce Young asked if there was anyone else here to speak for or against the project? There was no response.

 

Matter of Variance Request for Wharf Modification submitted by Scrimshaw Ventures Homeowners, Town of Lake George, County of Warren - #5222-5-05

 

Molly Gallagher introduced this project. She said that the property is located in Lake George Village. Molly said that this is the same application that was seen last month at the previous meeting.

 

Molly said that they are proposing to remove a U-shaped dock and get rid of its grandfathered status and construct a 101 foot long, 40 feet wide L-shaped stake supported wharf.

 

Molly Gallagher said that she and the Project Review Committee went out and took a look at this project and she has talked to the APA and she said that they will have to make a separate decision. She said at this point the APA is considering that this may be non-jurisdictional which is a change from what they thought three years ago. Molly Gallagher said the APA plans to look at the wetlands in June.

 

Molly Gallagher said that she developed a synopsis and sent it to all the Commission members. The synopsis explained the staff recommendation that this project can be reviewed without the need for a variance.

 

Molly Gallagher asked if there was any one here to speak in favor of this project.

 

Jeff Provost of the Dock Doctors, speaking as the agent for Scrimshaw Ventures, said he would be happy to answer any questions anyone may have on the project.

 

Bruce Young asked if there was anyone who would like to ask a question about this project. There was no response.

 

Maggie Stewart asked why the Commission members were acting on this project if a variance is not needed?

 

Bruce Young, Commission Chair explained that the reason this project is before them is because staff will usually bring to their attention applications that receive some substantive adverse comments.

 

The Chair asked if there were any further comments on this application and received no response.

 

Matter of Variance Request for Wharf Modification submitted by Edgemere LLC, Town of Fort Ann, County of Washington- #5328-11-05 & 5328-12-05

 

 Molly Gallagher said that this is also another project that was before them at the previous meeting. Molly said that the Commission had suggested a few design changes and she asked everyone to take out their plans.

 

Molly said that Edgemere, LLC has moved their access way to the south side of the boat house as their neighbors have requested.

 

Molly said that the only variance that is needed is from the property line as it is drawn perpendicular to the shoreline. She said the boat house meets the height limits and they have sufficient lake frontage for the number of docks.

 

Molly asked if there was anyone here to speak on the project.

 

Howard Krantz, representing Edgemere LLC, said he provided a detailed application last month. He said he believes the application was deferred to this month awaiting comments from some additional property owners. He said there was also a small request to make some changes on the appraisal which he has submitted.

 

Mr. Krantz said that there was also one other request which was for the elevation view and to move the stairs from the north side to the south side. Mr. Krantz said they have submitted all of the necessary changes.

 

Bruce Young asked if there were any further comments on this application and received no response.

 

Item #3 - Fiscal Actions Reports: Peggy stevens

 

Chairman Young said that the report was sent out . Mr. Young asked if there were any questions on the Fiscal Actions Report? There were no questions.

 

Tom Conerty moved to approve the Fiscal Actions Report for the months of March and April 2005 which was seconded by Maggie Stewart. All Commission members voted affirmatively.

 

Item #4 - Project Review: Resolutions

 

Resolution 2005-33 - Project Review Report

 

Maggie Stewart read and moved to approve Resolution 2005-33 which directs that the Project Review Report be incorporated in full in the minutes of the full Commission meeting. The motion was seconded by Joan Robertson and all members present voted affirmatively.

 

The Chair explained that there are usually two resolutions for each project, one to approve and one to deny. The reading of one does not necessarily mean that will be the resolution voted upon, he said.

 
 

Resolution 2005-34 - Thomas Roach

 

Maggie Stewart said that there are several mini-marina’s cropping up and she said some are better than others. Maggie said she thinks this a good area and there is a lot of room. She said the location has something to do with why she feels the application should be approved.

 

Maggie Stewart also said that the magnitude is not that great being that there will only be two boats.

 

2005-34, Meeting #333, May 24, 2005

Approve Marina Modification

            

Application #5222-7-05

Location 238.16-1-14, Town of Lake George, just south of Hearthstone

Applicant Thomas A. Roach

 

 

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 applied for a permit to modify an existing Class A Marina by adding the non-advertised, selective rental of two vessels, a 21' ski boat and a 24' pontoon boat; 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 conditions and adopt the attached Staff Analysis:

 

                         1. Rentals must be made for half days or full days.

                         2. There shall be no advertisement for rentals posted at the street.

 

The Lake George Park Commission staff developed an analysis with findings which was sent to the Commission members for their review and the basis for the Commission’s decision is reflected in large part reflected by that analysis.

 

All Commission members voted affirmatively and the resolution was adopted.

 

Resolution 2005-36 - Scrimshaw Ventures Homeowners Association

 

Maggie Stewart said that the Project Review Committee did go up and take a look at this property again. Maggie asked if there were any questions on this project. There was no response.

 

Maggie Stewart read and moved to accept Resolution 2005-36 which was seconded by Joan Robertson.

 

Resolution 2005-36, Meeting #333, May 24, 2005

Approve Wharf Modification

            

Application #   5222-5-05

Location Lake George Village 251.11-2-2

Applicant Scrimshaw Ventures Homeowners Association

 

 

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 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 6NYCRR 645-5.3 and public notice has been published and distributed as required; and

 

WHEREAS       The applicant has applied for a permit for wharf modification to remove an existing dock and construct a 101' long, 40' wide, L-shaped stake supported wharf; and

 

WHEREAS       the Commission finds that the dock modification represents no increase in non-conformity; 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 adopts the attached Findings of Fact prepared by staff and approves the above application with the following condition:

 

“Should dredging occur in the area of the herein authorized dock, the location of the mean low water mark shall be re-determined and the dock brought into compliance with the Commission’s off-shore limit of 40 feet from the mean low water mark.”

 

All Commission members voted affirmatively and the resolution was adopted as read.                     

Resolution 2005-37 - Edgemere, LLC

 

Bruce Young asked if anyone had any comments on the Edgemere application.

 

 

Maggie Stewart said the variance is requested from the set back on one side.

 

Bruce Young asked if there is a letter on record from the adjoining property owners that are involved in the set back.

 

Molly Gallagher said she did not believe there was anything in writing.

 

Mr. Krantz asked if he could speak and he said the adjoining land owners only objection was the placement of the stairs.

 

Maggie Stewart said that someone else has written in opposition to the project as it is. The neighbor who has written in opposition to this project is Mr. Lafferty who was not there to comment.

 

Maggie Stewart said that Edgemere has a lot of property so they can build a dock somewhere else but they can’t build a dock in a place that is tucked into a cove where it is not noticed.

 

Maggie Stewart said she believes this is the perfect place for this dock and she said it is worth granting a variance for it to be located here rather than along the more visible and exposed lake frontage of the applicant .

 

Bruce Young asked if this is the maximum number of docks that would be allowed on the property.

 

Maggie Stewart and Joan Robertson said yes that this is all the dockage that will be allowed on this property.

 

John Pettica asked Maggie Stewart what her view point on visual impacts is on this dock because it is so large.

 

Maggie Stewart said she believes that if the dock is located in the cove it is much less obtrusive.

 

Tom Hall said he also visited the site with Maggie, Joan and Molly and he thinks this is a perfect spot for this dock. Tom said the only issue he has is that a variance is needed and in order for a variance to be issued we need to go through the motions and legalities for granting a variance.

 

Martin Auffredou said he agrees that we need to go through the variance test.

 

Chairman Young asked if there was anything in the record to support that it is much more expensive to build three docks in the lake rather than to build one complex in the cove.

 

Martin Auffredou said that we must determine what is unique and peculiar about this property and present a financial difficulty or some type of difficulty to the property.

 

Tom Conerty said that if the docks were built out in the channel rather than in the cove it would certainly cause a safety issue.

 

Bruce Young said that he would be inclined to vote against building docks out in the channel therefore it would be depriving the homeowner the right to have a dock.

 

Bruce Young said that he believes the safety issue and the visual impact alone is enough to grant a variance to Edgemere, LLC.

 

The Commission discussed the project further. The discussion included the visual impacts, safety issues, financial difficulty, and the position of the dock.

 

Bruce Young said that for the financial aspects of the variance, after listening to the comments, the Commission would be unlikely to approve the dock out in the channel. Bruce Young said at that point they would be imposing a horrendous burden on the property owner.

 

Maggie Stewart read and moved to approve this resolution. The motion was seconded by Joan Robertson, all Commission members voting affirmatively.

 

Resolution 2005-37, Meeting #333, May 24, 2005

Approve Variance for Wharf Construction


            

Application #   5328-11-05 & 5328-12-05

Location Shelving Rock Rd, Town of Fort Ann 46-1-2

Applicant Edgemere LLC (Stephen & Jackie Lamando)

 

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 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 6NYCRR 645-5.3 and public notice has been published and distributed as required; and

 

WHEREAS       the applicant has applied for a permit for the construction of a 63' long, 44'9" wide, three dock complex with a two slip closed-sided boathouse and construction of open-sided, rock-filled timber cribs; and

 

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

 

(11) Every dock or wharf constructed shall have a minimum setback of twenty feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake, or at a right angle to the mean high-water mark, whichever results in the greater setback; and

 

WHEREAS       the applicant has demonstrated that strict conformance with the regulations will cause unnecessary hardship due to the following unique and peculiar circumstances which impose the following substantial financial, technical and safety burdens:

 

1. A conforming location would have visual & navigational impacts as it would protrude into the narrow channel between the mainland and 14 Mile Island.

2. The shoreline is very irregular, resulting in a sharply curved perpendicular projection of the property line.

3. The remainder of the parcel’s shoreline is not as suitable for the placement of a dock.

4. There historically was a dock in this location.

 

 

WHEREAS       the Commission finds that there is no reasonable possibility that the applicant's property will bring a reasonable return following conformance with the regulations; and

 

WHEREAS       the Commission finds that the project represents the minimum necessary variance required to alleviate the hardship; and

 

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

 

Item #5 - Law Enforcement: Thomas K. Conerty

 

Mr. Conerty said that there was a Law Enforcement Committee meeting this morning and called upon Lt. Schneider for his report.

 

Lt. Schneider said that they did have a short enforcement meeting. He said they discussed the progress of Log Bay Day preparations and what is being done to get the security detail ready for that event.

 

Lt. Schneider said they also discussed the acquisitions of some free uniform items that they received this year. Lieutenant Schneider said this was a great help, so they didn’t have to order new uniforms this late in the season.

 

Lt. Schneider said the Marine Patrol season has started. They were on the Lake for the Queens Great Boat Race.

 

Lt. Schneider said that there was an Executive Session where on-going enforcement cases were discussed.

 

Tom Conerty read and moved to approve Resolution 2005-38 which accepts the report of the Law Enforcement Committee. The motion was seconded by Tony Reale and all Commission members present voted affirmatively.

 

RESOLUTION 2005-38

 

 

WHEREAS       the Law Enforcement Committee met May 24, 2005 to review matters pertaining to the Lake George Park Commission’s Marine Patrol and the Commission's Law Enforcement Program, and

 

WHEREAS       active Law Enforcement cases and their status were reviewed in Executive Session, and

 

WHEREAS       the Law Enforcement Committee has reported on the results of that committee meeting at this full Commission meeting, and

 

WHEREAS       the Law Enforcement Committee recommends acceptance of this month's Law Enforcement Report.

 

 

NOW THEREFORE BE IT RESOLVED

 

that the Commission accepts the report of the Law Enforcement Committee.

 

Item #6 - Acceptance of the Report of Loftus Ross, LLP: Michael P. White

 

Tom Conerty read and moved to approve Resolution 2005-39 which was seconded by Tony Reale, all Commission members present voting affirmatively.

 

 

Resolution 2005 - 39

 

 

Whereas           the Lake George Park Commission previously retained the firm of Loftus, Ross & Co., LLP to perform a review of the Commission’s 2003 - 2004 financial statements, an evaluation of internal controls for consistency with New York State guidelines and a test of adherence to internal controls.

 

Whereas           the report by Loftus, Ross, LLP of financial statements and internal controls has been received and has been distributed to Commission members for their review.

 

Now therefore be it resolved

that the Lake George Park Commission accepts the report of Loftus, Ross & Co., LLP for the review of financial statements and review of internal controls for the Fiscal year 2003 - 2004.

 

Item #7- Update on Water-based Recreation Plan: Michael P. White

 

Mr. White discussed the progress on the Water-based Recreation study. He said that the 2nd stakeholder meeting was held on May 16, 2005 at the Fort William Henry. He said that this second meeting wasn’t as well attended as the first but the key groups were represented. Mr. White said the Commission has approved the questionnaire and this meeting gave the stakeholders a chance to see what types of questions are on the survey and to offer some input. Mike said that the Commission received some input and researchers are considering the input and are thinking of making some changes before it goes out to be printed.

 

Michael White said the intercept surveys will begin in July or August at marina’s in the area and the mail surveys will probably go out in September. Mike said there are about 2200 people or companies included in the survey. Michael White said the Cornell Group primarily designed the survey along with Timothy Holmes. The Lake George Park Commission is expecting a good return rate. Michael White said that people will have an opportunity to send comments or suggestions during the entire term of the study.

  

Item #8 - Water Quality Programs Report: J. Thomas Wardell

 

Mr. Wardell spoke of a grant application that he and Chris Navitsky worked on together. They just received notice that the grant has been awarded. The grant is for a Highway Maintenance and Water Quality Project through all the local highway departments in

 

 

the basin to find out through a questionnaire a determination of what their existing operations are with respect to water quality and to make an evaluation of what they learned and create recommendations on an individual basis and to hold some training sessions and some public education through town web sites and hand outs. Tom said they received $10,000 for the grant with a $3,000 local match.

 

Mr. Wardell said two enforcement cases have been closed but next month he has five new cases to discuss. He said the case load is not going away. He said they seem like they are getting smoother to process though.

 

Mr. Wardell said he sent out a memo relating to on-site waste water treatment inspection guidelines. Tom Wardell said he would be happy to answer any questions. He said this is a unified set of standards on how to have an inspection performed on a waste water system so that when they do come before the Commission with a mini-marina they do not over load the system. Tom said the requirements are considerable but they are standard practices.

 

Lake Level

 

Mr. Wardell reported that the lake level at Rogers Rock is 3.75.

 

Item #9 - Public Comments

 

Lake George Association

 

Mary Arhtur Beebe spoke of the problem of fertilizers in the nation’s lakes. She said that most of the fault lies on the homeowners rather than the businesses or business owners. Mary Arthur said the LGA is gathering information on the landscaping companies in the area to find out which ones sell fertilizer that is non-phosphorus.

 

The Fund

 

Chris Navitsky for the Fund spoke of septic sytem inspections. He said he thinks this is a great idea. He said the best thing you can do is to require a pump out on the septic system. He said you can get so much information with such a simple step.

 

Mr. Navitsky also wanted to discuss his concerns about the local stormwater programs. He said his thoughts are that they are not reducing stormwater. He said the recent policy decision by the Town of Lake George that they are not going to rely on consulting engineers is not in the best interest of the lake or the water quality.

 

Lake George Watershed Conference

 

Dave Decker of the Lake George Watershed said the Conference met on May 23, 2005. He said they re-examined the work of the Issues and Priorities Committee. He said that the committee convened about a year ago. Dave Decker also spoke of a solicitation for grant applications that the Department of State recently announced.

 

Other Comments

 

Mr. Thomas Roach said he supports the concerns of Mary Arhtur and Chris Navitsky. Mr. Roach said he sent a letter of concern to the Lake George Park Commission regarding the run off coming off of the Bolton Road. He said for years there were

reservoirs that collected the run off but they are deteriorating. They are completely filled with silt.

 

 

Item #10 - Adjournment

 

There being no further business, on the motion of Tom Conerty, seconded by Joan Robertson, all Commission members present voting affirmatively, the meeting was adjourned at 12:20 p.m.

 

                                                                Respectively submitted,

 

 

 

                                                                Michelle Way

                                                                Keyboard Specialist

 

 

Secretary’s Note:  The next Commission meeting is scheduled for TUESDAY, JUNE 28, 2005, 10:00 a.m. at the CANOE ISLAND LODGE, Lakeshore Drive, Diamond Point, NY.