Lake George Park Commission
28 November 2006
Lake George, NY
Commission Members Present: James T. Kneeshaw
Commission Members Absent: Thomas Hall
Commission Staff Present: Michael P. White, Executive
Schneider, Law Enforcement Director
Conservation Operations Supervisor 1
Gallagher, Environmental Analyst II
Keyboard Specialist 1
Director of Operations
Maranville, Director of Governmental & Community Affairs
Commission Counsel Present: Martin Auffredou
Jeannette Nadeau Normand
Madeline Farbman Kathy
Stu Buchanan Emily
Lender Aaron Castelo
Joan Robertson Maggie
Cederstrom Donna Passaretti
Timothy Holmes Jen
Quirk Mike Dier
Item #1 - Introductions, Roll Call, Minutes of Previous Meeting:
Bruce E. Young
The 350th meeting of the Lake George Park Commission was called to
order by Chairman Young at 10:10 a.m. and the roll was taken.
Chairman Young said that the minutes of the previous meeting were
distributed in advance of this meeting to Commission members for their
review. On the motion of Shauna DeSantis, seconded by James
Kneeshaw, all Commission members present voted affirmatively to approve
the minutes of the previous meeting.
Item #2 - Project Review — Public Comments On Pending
Applications: Molly Gallagher
Molly Gallagher read a prepared statement regarding the Project review
Committee. She then proceeded to introduce the application
submitted by Donna Passaretti.
Molly Gallagher said that the Passaretti project is in the Town of
Bolton at Hemlock Point. She said that Donna Passaretti would
like to extend her current dock by 10 feet to result in a 21' wide, 51'
long wharf and said that a variance is required.
Chairman Young asked if anyone was present to speak for or against this
project. No one responded.
Item #3 — Fiscal Actions Report: Peggy Stevens
Chairman Young said that the October Fiscal Actions Report was
distributed with the meeting package to all of the Commission members
for their review. He asked if there were any questions on the
report. There were none.
On the motion of John McDonald, seconded by Thomas Morhouse, all
members present voting affirmatively, the October Fiscal Actions Report
was approved as submitted.
Item #4 — Project Review Resolutions
Resolution 2006-74 — Acceptance of the Project Review Report
Thomas Morhouse read and moved to approve Resolution 2006-74 which was
seconded by Roger Phinney and all Commission 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 November 13,
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.
Resolution 2006-75 — Donna Passaretti
Chairman Young asked Molly Gallagher if the applicant, Donna
Passaretti, had received approval from the Town of Bolton for a
Molly Gallagher said that the Town of Bolton has not given approval for
the variance at this time.
Martin Auffredou, Commission Counsel, said that it is not necessary for
the applicant to have the approval from the Town of Bolton in order for
the Commission to make their decision but he said that the Commission
should be sure to let the applicant know that other permits may be
needed from other agencies including local zoning.
Ronald Montesi said that their have been no complaints from any of the
neighbors. He said that this is a bay where the sand continually
washes up making it impossible for the applicant to dock their boat
without hitting bottom.
Mr. Montesi said that the applicant is seeking a 10 foot extension to
their dock. He said that it would only be a dock extension not an
extension of the cover.
The Commission members continued to discuss concerns on how to justify
this in terms of hardship. They discussed the sand build up and
wondered if that could be considered a unique and peculiar circumstance.
Donna Passaretti entered the meeting and asked if it would be
appropriate for her to speak on behalf of her application. She
said that the water level is a little higher now than usual and that
under normal circumstances her boat is on the lake bottom.
Ms. Passaretti discussed the fact that her dock was built in 1980 or
1981. She said that she would be grateful for anything the
Commission can do for her. She also said that a portable dock
extension would solve her problem.
Roger Phinney said that after reviewing some of the aerial photos he
couldn’t help but notice that Ms. Passaretti’s dock is the shortest
dock in the bay.
The Commission members continued to discuss the length of docks in the
bay, depth of water in the bay and the implications of moving the dock
to the center of the property.
The Commissioners decided that if would be a considerable financial
hardship to have to move the dock. They discussed the cost to
move the dock, dredging concerns and the continual shallow water
Chairman Young asked Ms. Passaretti if she would be happy with a
removable dock extension. She responded by simply stating that
she would be very happy with a removable dock.
The members continued to discuss the unique and peculiar
conditions. Thomas Morhouse addressed concerns he had with the
resolution and asked to change some of the verbiage.
Chairman Young allowed for the change in the resolution and said that
they would proceed with the next item on the agenda until the
resolution was ready to be read.
Item #5 — Law Enforcement Committee Report: Lieutenant Joseph
Thomas K. Conerty reported that there was an enforcement meeting and
called upon Lieutenant Schneider to give his report.
Lt. Schneider said that he distributed a draft Annual Marine Patrol
report and that they discussed the radio repeater upgrade. He
also said that the last patrol boat was removed from the water and that
they have others that can be used if needed for an emergency.
Lt. Schneider said that there was an executive session where active
enforcement cases were discussed.
Resolution 2006-76 — Law Enforcement Report
Thomas K. Conerty read and moved to approve Resolution 2006-76 which
was seconded by James Kneeshaw and all Commission members present voted
affirmatively to approve the resolution.
WHEREAS the Law Enforcement Committee met November
28, 2006 to review matters pertaining to the Lake George Park
Commission’s Marine Patrol and the Commission's Law Enforcement
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,
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 — Fiscal Year 2005-2006 Financial Statement Review: Michael P.
Thomas K. Conerty read resolution 2006-73. Ron Montesi moved to
approve Resolution 2006-73 which was then seconded by Thomas Conerty
and all Commission members present voted affirmatively to approve the
WHEREAS the Lake George Park Commission has
established an Internal Control Program, one component of which is an
annual review that includes: an evaluation of internal controls;
testing for adherence to those controls; and a review of the financial
statements provided to management and the public, and
WHEREAS the Commission desires to complete the review
for the twelve month period ending March 31, 2006, and
WHEREAS the Commission has examined the proposal by
Loftus, Ross + Company, P.C. for price reasonableness and has
acknowledged that retaining a provider with prior experience with the
Commission provides continuity of the control program, cost savings and
strengthens the quality of the review results, and
NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission
authorizes the Executive Director to retain Loftus, Ross + Company,
P.C. to perform a review of financial statements and review of internal
controls in accordance with the attached engagement letter for an
amount not to exceed $3,280.
Item #7 — Invasive Species Prevention Program Report: Andrea L.
Andrea Maranville addressed the Commission members and said that she
has draft post-season survey results pending comments for the
Participating Business Program. She said that these results will
be distributed next month.
Andrea Maranville discussed a special newsletter that will be in the
December issue of the Lake George Mirror. She also discussed the
Adirondack Park ANS Management Plan Steering Committee and asked anyone
who is interested in learning more to please let her.
Chairman Young called for a short break and said that the meeting would
reconvene starting with Project Review.
Project Review Continued
Thomas Morhouse read resolution 2006-75 and moved to approve which was
seconded by James Kneeshaw and all Commission members present voting
affirmatively to approve the resolution.
WHEREAS the applicant has applied for a permit to
extend the piers of an existing U-shaped wharf by 10'; 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 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:
This is a legally constructed
dock that is unuseable. Moving the dock would be a financial
burden and would be environmentally disruptive due to the extremely
shallow water conditions in the area and would result in a more
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 financial, technological and safety
burdens of conformance with the regulations are significant and the
burden imposed on the applicant and the public are not proportionate to
any public purpose served by strict compliance with the rules and, the
strict application of the rules would result in an inequity which
creates an unnecessary financial hardship to the applicant; and
WHEREAS the Commission finds that the project
represents the minimum necessary variance required to alleviate the
hardship; and in addition there is no feasible access for
dredging. It is this combination of factors that leads to a
unique and peculiar circumstance and would result in a hardship.
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
WHEREAS the Commission finds that the project will
have no adverse impact on the health, safety or welfare of the public,
the environment or the resources of the Park; will not alter the
essential character of the area in which it is proposed; will not lead
to congestion in the Park and will not have an undue visual, cultural
or audible impact on the neighborhood or the Park.
NOW THEREFORE BE IT RESOLVED
The Lake George Park Commission
hereby approves the request for variance and approves the above
application, as proposed with the following modifications:
to be stake supported.
Item #8 — Final Water-Based Recreation Study Plan Report: Holmes
Timothy Holmes of Holmes & Associates presented a report on the
Draft Final Water-based Recreation Study Plan. He said that the
report can be found on his website at www.adirondackresearch.com.
He said that he hopes that the report will be finalized by Christmas.
Mr. Holmes said that much of the work done was heavily driven by the
stakeholder comments and the public comments received.
Mr. Holmes said that the number one issue is water quality. He
also stated that there is a need for more public information to be
posted on the Commission website.
Mr. Holmes continued to discuss numerous aspects of the report which
can be found on the Holmes & Associates website. Some of the
issues discussed were congestion on the lake particularly how much
acreage each boat should be allowed, public launches and boater noise.
Item #9 — Public Comments
Lake George Association
Lake George Watershed Conference
The FUND for Lake George, Inc.
Lake George Waterkeeper
Christopher Navitsky addressed the Commission members and spoke about a
stormwater report he sent to the members in regards to the Nextel
Stormwater Facility. Mr. Navitsky said that he believes that the
stormwater control measures were not built in accordance with the
permit plans. He said that the control measures were built
Mr. Navitsky also spoke of a meeting he attended in Bolton Landing
regarding the definition of disturbance. Mr. Navitsky said that a
public hearing was held in regards to what disturbance is. He
said that Bolton in considering taking out the term vegetative removal
and he said that he would hate to see the Town lessen the impact of the
Aaron Costello of the Personal Watercraft Industry Association (PWIA)
addressed the Commission members and said that PWIA represent the
manufacturers of PWC’s. He spoke about the many new safety
initiatives with regard to PWC’s and the reason that most of the newer
models are quieter than they were originally, they are made heavier so
that they sit in the water more.
Mr. Costello went on to offer their Association as a resource to the
Item #8 — Adjournment
There being no further business, on the motion of Thomas Conerty,
seconded by James Kneeshaw, all Commission members present voting
affirmatively, the meeting was adjourned.
Secretary’s Note: The next Commission meeting is
scheduled for Tuesday, December 19, 2006, 10:00 a.m. at the Fort
William Henry Conference Center, Lake George, NY.