Lake George Park Commission

Meeting #355

22 May 2007

Holiday Inn

Lake George, NY



 

 

Presiding:                                      Bruce E. Young, Chair



 

Commission Members Present:  Thomas K. Conerty

John A. Pettica

James T. Kneeshaw

Kenneth W. Parker

Thomas W. Hall

Roger H. Phinney

Shauna M. DeSantis



 

Commission Members Absent:  Thomas J. Morhouse

John McDonald, Jr.


 

Commission Staff Present:         Michael P. White, Executive Director

Joseph Schneider, Law Enforcement Director

Roger Smith, Conservation Operations Supervisor II

Molly Gallagher, Environmental Analyst II

Michelle Way, Keyboard Specialist 1

Peggy Stevens, Principal Account Clerk

 


 

Commission Counsel Present:   Martin Auffredou



 

Others Present:

 

Agnes Nolan                      George Russo                    Karen Bogert                      Mark Rehm

John Caffry                        David G. Floyd                   Susan Millington                Christopher Navitsky

Jeanette Nadeau               Norm Nadeau                    Wayne Smith                     Emily Smith

Mary Alice Leary                Doug Kirkpatrick                Andrea Maranville              Renee Jensen 

 

 

 

 

 

 

 

 

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

 

The 355th 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 addressed the public in attendance to let them know that he would be skipping around the agenda to take care of the regular Commission business before Project Review.

 

Chairman Young said that the minutes of the previous meeting were distributed in advance of this meeting to Commission members for their review. He asked if there were any corrections or submissions. There were none.

 

On the motion of John Pettica, seconded by Kenneth Parker, all Commission members present voted affirmatively to approve the minutes of the previous meeting.

 

Item #2 — Fiscal Actions Report: Peggy Stevens

 

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

 

On the motion of Thomas Conerty, seconded by James Kneeshaw, all members present voting affirmatively, the April Fiscal Actions Report was approved as submitted.

 

Resolution 2007-38 — Additional Postage

 

On the motion of Thomas Conerty, seconded by James Kneeshaw, all Commission members present voted affirmatively to approve resolution 2007-38.

 

WHEREAS       the Lake George Park Commission sends out Applications to Annually register Docks, Moorings and Boats, and

 

WHEREAS       over 10,000 applications have been mailed, and

 

WHEREAS       to process the mailings of these applications and to issue and mail registration decals additional postage is needed, and

 

NOW THEREFORE BE IT RESOLVED that the Chairman is hereby authorized to approve the payment not to exceed $5,000 to Postmaster for additional postage to process and mail registration decals for the 2007 season.

 

Item #3 — Law Enforcement Committee Report: Thomas K. Conerty

 

Lieutenant Schneider said that the Law Enforcement Committee members met and discussed

the Lake George Open Water Swim. He said that several meetings have been held for security and

communication purposes. He said that the plans are coming along well and said as he understands it,

the whole package is before the DEC for a regatta permit.

 

Lieutenant Schneider said that the Marine Patrol started for the season. He said that the Patrol started 

the season with a special detail for a rowing regatta. He said that the event went off without any

problems even in the pouring rain and fog.

 

Lt. Schneider said that the Committee also had a discussion regarding the Black Mountain repeater

and said that the parts are in and they are at the point where they are scheduling to have the repeater

put in place.

 

Thomas Conerty read and moved to approve resolution 2007-37 which was seconded by Shauna

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

 

Resolution 2007- 37 — Law Enforcement Report

 

John McDonald read and moved to approve Resolution 2007-29 which was seconded by Roger

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

 

WHEREAS       the Law Enforcement Committee met May 22, 2007 to review matters pertaining to the Lake George Park Commission’s Marine Patrol and the Commission's Law Enforcement Program, and

 

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

 

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

 

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

 

NOW THEREFORE BE IT RESOLVED that the Commission accepts the report of the Law Enforcement Committee.

 

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

 

Michael White said that a stormwater report was sent out with the meeting information and said that everyone should have received a copy.

 

Mr. White said that there are 34 active matters which include on-going enforcement cases, permit cases and assistance to local government agencies.

 

Mr. White said that he would be happy to answer any questions.

 

Item #5 — A Watershed Protection Plan Governing Stream Corridor Protection and Tree Cutting: Michael P. White

 

Michael White said that this item is a hold over from the last meeting. He said that the idea would be to adopt a Positive Declaration and review a draft scoping document but said that he has yet to receive these documents from Saratoga Associates which puts them well behind schedule for activities under the contract.

 

Mr. White said that a preliminary draft (not for public distribution) should have been received by now, in anticipation that draft regulations would be received in June 2007. Mr. White said that he has not yet seen these documents and said that a draft Environmental Impact Statement and a Regulatory Impact Statement were scheduled to be prepared and released over the next few weeks.

 

Mr. White said that this was put on the agenda in hopes that the documents would be received but they have not.

 

Chairman Young said, “Michael White and I have had many on-going discussions with Saratoga Associates regarding the necessity to get this out prior to the summer.”

 

 

Chairman Young said that it is very important to get these documents out while the summer residents are here so they have a chance to review them. “Be assured that Michael White and I are doing everything possible to get these documents out,” said Chairman Young.

 

John Pettica asked Michael White if Saratoga Associates have given a time line as to when the documents will be completed.

 

Mr. White said that they have not given a time line besides the original (formal schedule).

 

Michael White said that the public participation component has been going very well. He said that the groups have been well engaged and there has been a lot of good discussion.

 

Item #6 — Project Review Report — Public Comments on Pending Applications: Thomas K. Conerty

 

Chairman Young explained the Project Review procedures for those in attendance who have not attended a Park Commission meeting in the past.

 

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

 

Resolution 2007- 32 — Project Review Actions Report

 

Thomas Conerty read and moved to approve the Project Review Actions Report which was seconded by James Kneeshaw and all members present voted affirmatively to approve the resolution.

 

WHEREAS       the Commission has received and reviewed the Project Review Actions Report prepared by staff and dated June 12, 2007.

 

WHEREAS       the Project Review Committee recommends acceptance of this month’s Project Review Report.

 

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

 

Matter of Class A Marina Renewal submitted by Emily Smith, Town of Bolton, County of Warren

 

Molly Gallagher introduced the first project. She said that this is an application that the Commission has seen many times before. She said that the Smith family/Lake George Camping was before the Commission in January and April.

 

 

Susan Millington addressed the Commission members and said that she is representing Emily Smith in this matter. She explained the application and said that the Smith family has operated this marina for over 42 years.

 

Susan Millington said that the docks were put in place in 1911 and the marina has been run by the Smith family since 1965.

 

Susan Millington said that the present issue has arisen because Wayne Smith corrected a Lake George Park Commission application made by his father years earlier that stated that the marina contained 25 rental boats and 3 berthing spaces.

 

Ms. Millington said that Wayne Smith corrected the application to show that the marina actually contained 25 rental boats and 13 berthing spaces. She said that Mr. Smith did this in good faith to make the application accurate.

 

Ms. Millington added that the Smith family has always maintained the maximum amount of boats possible on the existing docks. “However, this has changed the application from a renewal to an expanded use application.”

 

Susan Millington continued to discuss aerial photos and past uses of the marina. She said that currently 36 dock spaces are being utilized.

 

Ms. Millington continued to discuss issues with a neighbor of the Smith facility, Agnes Nolan. She said that Agnes Nolan asserts that she has litoral rights that effect the use of the northerly dock in this facility.

 

Ms. Millington said that Agnes Nolan and her family have lived next door to Lake George Camping for many years and during that period her family never had any arguments and never brought any legal proceedings against the facility.

 

Susan Millington continued to discuss the actions brought against Lake George Camping and she spoke about the current court proceedings. She also spoke about the 10x10 swim raft that Mrs. Nolan will be placing on her property.

 

Mark Rehm spoke on behalf of Agnes Nolan. He said that they are not talking about how long Lake George Camping used these docks or how long the marina has been run. He said that Mrs. Nolan and her family never had a disagreement with the Smith family because they had always had an agreement in place.

 

Mr. Rehm said that Mrs. Nolan tried to come up with a lease agreement that would work for both of the parties.

 

Mr. Rehm strongly cautioned the board not to approve this permit. He said that the parking plans, site plans and survey maps are either not adequate or non existent.

 

Mr. Rehm said that his client is not trying to put anyone out of business but would like to make sure that she is protected.

 

Wayne Smith addressed the Commission members and said that he wanted to clarify some of the items discussed. He said that he has been working with the Park Commission staff who helped him to develop the parking plans and the dock plans that have been submitted.

 

Mr. Smith said that he is within a few months of receiving a decision from Judge Aulisi regarding the on-going legal proceedings and asked that the Commission table the application if they are leaning towards a denial.

 

Chairman Young continued to discuss dock measurements, boat berths and the possibility of trailering boats on shore.

 

Chairman Young asked Mr. Smith how he plans to launch the boats that would be parked on shore. He also reminded Mr. Smith that he does not have a permit for a quick launch.

 

Mr. Smith said that he is aware that he does not have a quick launch and said that he would use the boat access at Norowal Marina.

 

James Kneeshaw asked Mr. Smith if he was in dispute with the survey that was received from Agnes Nolan this morning.

 

Susan Millington replied and said that they are disputing the survey submitted by Agnes Nolan because they have yet to receive their own survey. She said that they are disputing it because they just do not know for sure yet.

 

Susan Millington continued to discuss the dimensions on the survey maps and also discussed the dockage area.

 

A discussion continued.

 

Mark Rehm said that he and his client are not opposed to a permit being issued so long as they are given enough time to resolve the northerly edge of the most northern dock.

 

Chairman Young said that the Commission can make a decision without the trial date as they have done in the past. He said that if something comes up with the Judge that is in contradiction with the permit than the permit can be modified to reflect the changes.

 

Susan Millington said that she understands the Commission’s point of view but said that this is a huge financial burden on her client.

 

Chairman Young said that is the reason why they will be making a decision one way or the other. He said, “What we are trying to do is to get a permit for Mr. Smith and also protect the rights of Mrs. Nolan without stepping on anyone’s toes.”

 

A discussion continued among the Commission members regarding tabling of the application. A question came up about whether the applicant has the right to request that his application be tabled.

 

Martin Auffredou said that the applicant can request anything that he wants but it is up to the Commission members to decide whether or not the application is ripe for a decision and to move forward.

 

A discussion continued among the Commission members regarding the number of berthing spaces located at the Lake George Camping Equipment facility and whether or not the application is being treated as strictly a renewal or as a renewal and expansion.

 

Roger Phinney said that the application is being treated as an expansion not a renewal.

 

Chairman Young said that everyone’s points have been well taken and said that they are not treating this as a typo but as an expansion.

 

The Commission members agreed that this application is being considered an expansion as well as a renewal.

 

There being no additional public comments, Chairman Young concluded the public comment portion of the meeting in regard to the application of Emily Smith.

 

Kenneth Parker said that he does agree with Mrs. Nolan’s attorney that the use of her property or inactivity has absolutely no bearing on how they use that side of the dock. He said that this is her property and she is entitled to use it.

 

Mr. Parker said that the Commission has asked for a survey several times and has yet to receive it.

 

Chairman Young asked the Commission members to discuss their thoughts on the application.

 

Kenneth Parker said that he would support the marina renewal with limiting one boat on the end of the dock which has a clear cut 9 feet.

 

Thomas Hall said that he thinks that we should renew the marina permit as it was previously issued and this includes or extends to the dockage on the north side of the northern dock. He said that he would not prohibit or minimize the number of docks that could use the north side of the north pier until the court decides in the favor of Mrs. Nolan and if that occurs then the Commission could revisit their decision.

 

Shauna DeSantis said that she agrees with both of her colleagues but thinks that there could be a middle ground and doesn’t know exactly what that middle ground is.

 

Roger Phinney said that he agrees with Shauna DeSantis and said that he would approve the permit with the provisions discussed.

 

John Pettica said that in the absence of a survey he is a little troubled with how many boats can actually be placed on the docks. He said that he would have to agree with Kenneth Parker regarding the boat at the end of the dock. He added that he would also approve to renew the permit.

 

Thomas Conerty said that he agrees with the 13 boats and said that Mr. Smith should be permitted to use the north side of the dock as he has been using it. Mr. Conerty said that this may change in the fall once a decision is rendered.

 

James Kneeshaw said that he disagrees with Tom Conerty. He said that he believes that the north side of the dock has been used for many years based on a loose agreement that has subsequently been withdrawn.

 

Mr. Kneeshaw said based on the information he has seen there is only room for one 25' long, 8' wide boat at the end of the dock without encroaching on Mrs. Nolan’s property.

 

Chairman Young said that he is in agreement with limiting the exposure on the northern side of the dock at this time.

 

A discussion followed regarding placement of boats on the dock, enforcement issues and riparian areas.

 

Thomas Conerty read and moved to approve the resolution which was seconded by James Kneeshaw. All Commission members present voted affirmatively to approve the resolution.

 

WHEREAS       the applicant has applied for a permit to renew an existing 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 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 that the Lake George Park Commission hereby resolves to approve the above applications and authorize staff to renew the marina permit based on the attached draft permit with special condition #29 modified as follows:

 

29. The berthing of vessels over the northerly property line is prohibited without written consent from the adjacent owner. No vessel shall be berthed on the north side of the north dock farther inland than 100' as measured from the lake end of the dock. A permanent mark shall be made on the dock at that point and a sign shall be posted which states “No berthing beyond this point”.

 

Matter of Class A Marina submitted by Peter & Karen Bogert, Town of Queensbury, County of Warren

 

Molly Gallagher presented the application submitted by Peter and Karen Bogert for a Class A Marina permit in the Town of Queensbury.

 

Molly Gallagher said that Peter and Karen Bogert would like to offer two berthing spaces, one to a neighbor and the other to a friend.

 

Karen Bogert spoke on behalf of her application. She said that she is here to answer any questions that the Commission members may have.

 

Karen Bogert said that she would be offering two berthing spaces for two non-occupant boats. She said that she has already gone to the Town of Queensbury for approval.

 

There being no comments or questions, Chairman Young concluded the public comment portion of the meeting with regard to the Bogert application.

 

Kenneth Parker said that he believes that this would be a very positive impact for their property.

 

Thomas Conerty read and moved to approve the resolution which was seconded by James Kneeshaw and all Commission members present voted affirmatively.

 

WHEREAS       the applicant has applied for a permit to operate a Class A Marina offering up to two seasonal berthing spaces; 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, as Lead Agency for the purposes of the State Environmental Quality Review Act, 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 as proposed.

 

Matter of Class A Marina Renewal submitted by Harold Kirkpatrick, Town of Queensbury, County of Warren

 

Chairman Young said that the Commission re-issued a marina permit to Dr. Harold Kirkpatrick with a notice of the intent to revoke the portion pertaining to the nine moorings.

 

Douglas Kirkpatrick said that the mooring plan has undergone several modifications in order to demonstrate their ability to accommodate the nine moorings.

 

Douglas Kirkpatrick spoke about the radius and diameter of each of the mooring circles drawn on the mooring plan. He said that the largest boat that is being moored this year is a 27' in length and said that the remainder of the boats go down in size.

 

Chairman Young asked if anyone had any questions for Dr. Kirkpatrick. There were none.

 

John Caffry spoke in opposition to the application submitted by Dr. Kirkpatrick. He said that he is representing Dr. George Russo who is a neighbor of the applicant.

 

Mr. Caffry said that he doesn’t believe that the mooring plan is sufficient and said that every mooring circle must show the water depth, chain length and the size of the boat.

 

Mr. Caffry said that Dr. Kirkpatrick has had many years to get into compliance and it has never worked so there is no reason to think that this will be any different.

 

Mr. Caffry continued to discuss issues that his client has with the docks, moorings and the public notice that was issued in regard to this application.

 

Dr. George Russo said that he was present at the February meeting and said that he has sent several letters to the Commission.

 

Dr. Russo discussed many of the issues that he believes are present at the Kirkpatrick marina which include the number and size of boats on the moorings and at the dock, the north winds and the safety issues that are present.

 

Chairman Young asked Martin Auffredou to clarify what they are being asked to decide on.

 

Martin Auffredou said that the Commission is being asked to look at the proposal that has been submitted as well as the historical issues regarding compliance. He said that the Lake George Park Commission renewed the permit at the February meeting but also issued a notice of intent to revoke the permit for the nine moorings.

 

Martin Auffredou said that this was headed for a track where a public hearing was being scheduled with DEC’s Office of Hearings and Mediation Services with Judge Garlick when Dr. Kirkpatrick said that he would like the opportunity to present something to the Commission that would hopefully resolve the matter.

 

Martin Auffredou said that the Commission must ask “Is what is being proposed today something that the Commission can move forward on?”

 

Martin Auffredou discussed other factors that the Commission must also take into consideration such as have the Commissioners concerns been addressed and is there enough reliable data to suggest that the Commission will not be forced with having to deal with the very same enforcement issues.

 

Martin Auffredou said that the Commission is looking at the mooring plan not the docks.

 

A discussion followed among the Commission members, Lt. Schneider and Douglas Kirkpatick.

 

Bruce Young explained that having waived his right to a hearing, Dr. Kirkpatrick has elected to present a statement to the Commission.

 

Absent some action by the Commission today, the revocation of the moorings would take effect June 3, 2007. He asked if there was any motions, there were none.

 

Matter of Class A Marina submitted by Wayne Smith, Town of Bolton, County of Warren

 

Molly Gallagher introduced this application. She said that this application was submitted by Wayne Smith for Bolton Landing Storage. She said that Mr. Smith would like to obtain a permit to continue to operate a Class A Marina offering winter storage for up to 35 vessels. Molly Gallagher said that 15 of those vessels would be stored inside and the remaining 20 will be stored outside on trailers.

 

Molly Gallagher said that this is an after-the-fact application. She said that Mr. Smith was approveed by the Town of Bolton several years ago but was unaware of the requirements of the Lake George Park Commission and is now coming in to get permitted for the existing operation.

 

Susan Millington addressed the Commission members and said that Mr. Smith had made application to the Town of Bolton in 2003 and has been operating this facility since that time.

 

Susan Millington discussed the fact that Mr. Smith has signed an Order On Consent and has been complying with the Lake George Park Commission. Ms. Millington said that the Adirondack Park Agency has completely approved this project.

 

Susan Millington asked that the Commission follow the approval from the Town of Bolton in regard to their zoning regulations and approve this after-the-fact application for the 35 boat storage facility.

 

Renee Jensen addressed the Commission members and said that she lives directly across the street from the applicant as well as directly next door.

 

Ms. Jensen said that she is speaking against this application. She continued to discuss many of her concerns such as harassment, safety of her family, noise disturbances and impassible road conditions.

 

Ms. Jensen asked the Commission to be careful in their deliberations and decisions because they directly effect her and her families lives.

 

Christopher Navitsky, Lake George Waterkeeper, addressed the Commission members in regard to this application. He said that he is not opposed to Mr. Smith’s desire to work on his property.

 

Mr. Navitsky said that he is interested in the review procedure and reducing impacts to the headwaters of Indian Brook.

 

Mr. Navitsky discussed segmentation, buffering and the review process. He said that he has seen this process going on for years and added that there is validity on the claims just presented by Ms. Jensen.

 

Susan Millington readdressed the Commission members to reply to the concerns of the neighbors.

 

Martin Auffredou and Molly Gallagher discussed the SEQR analysis. A discussion continued regarding the storage facility.

 

Following the discussion the members determined that this is an incomplete application and Chairman Young remanded the application back to Commission staff.

 

Item #7 Public Comments

 

Norm Nadeau addressed the Commission members and discussed the Nextel cell tower located in the Pilot Knob area. He inquired about the maintenance schedule that Nextel has been required to follow.

 

Item #8 — Adjournment

 

There being no further business, on the motion of James Kneeshaw, seconded by Roger Phinney the meeting was adjourned at 1:10 p.m.

 

Respectfully submitted,

 

 

 

Michelle D. Way

Keyboard Specialist

 

 

 

 

Secretary’s Note:       The next Commission meeting is scheduled for Tuesday, June 26, 2007, 10:00 a.m. at the North Queensbury Fire House, Cleverdale, NY.