Lake George Park Commission

Meeting #338

25 October 2005

Bolton Town Center

Bolton Landing, NY


PRESIDING:                Bruce E. Young, Chair


COMMISSION MEMBERS PRESENT:    Joan A. Robertson
                        Margaret M. Stewart
                        Thomas K. Conerty
                        Roger H. Phinney
                        John A. Pettica
                        John C. McDonald
                        (Denise Sheehan, DEC Commissioner)
                        Ronald Montesi, representing


COMMISSION MEMBERS ABSENT:    Shauna DeSantis


COMMISSION STAFF PRESENT:    Michael P. White, Executive Director
                        Molly Gallagher, Environmental Analyst 2
                        Lt. Joseph H. Schneider, Director Law Enforcement
                        Roger Smith, Conservation Operations Supervisor I
                        J. Thomas Wardell, Director of Engineering   
                        Keith Fish, Operation’s Director
                        Peggy Stevens, Principal Account Clerk
                        Michelle D. Way, Keyboard Specialist 1
                        Andrea L. Maranville, Director of Governmental &       Community Affairs


COMMISSION COUNSEL PRESENT:    Martin Auffredou

               
OTHERS PRESENT:

Anthony Hall                Walt Lender                Edward Hunter
Mary-Alice Leary            Frank Roland            Chris Detmer
Dave Decker            Jeff Provost                John Caffry
Gregg Sherry            Chris Navitsky            Frank Passaro, Jr.
Sylke Chesterfield            Ann Gleasman                Item #1 - Introductions, Roll Call, Minutes of Meeting

Chairman Young thanked Zandy Gabriels for hosting the Lake George Park Commission meeting.

The 338th 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.  On the motion of Maggie Stewart, seconded by Joan Robertson, all Commission members present voting affirmatively.  The minutes of meeting # 337 were approved as submitted.

Item #2 - Moment of Silence — Ethan Allen Tragedy

Chairman Young read from a prepared statement (attached) expressing sympathy for the friends and families who lost their loved ones while touring Lake George aboard the Ethan Allen tour boat.

Chairman Young requested that everyone take a moment of silence in remembrance of the victims.

Item #3 - Project Review - Public Comments on Pending Applications: 
         Maggie Stewart

Molly Gallagher read a prepared statement explaining what the Project Review Committee is and explained the application process (attached).

The Chair explained Project Review procedures.  He said that the first portion of the Project Review is for people either for or against the project to express their comments.  He said that the second session is an open discussion among Commission members to arrive at a decision.  He said that normally the only time during the second portion where there would be public participation would be if there is a need for clarification or additional information on an issue. 

Matter of Class A Marina Modification submitted by Barry & Leone Gipstein, Town of Bolton, County of Warren – #5220-30-05

Maggie Stewart introduced the project.  She said the project is located in the Town of Bolton and was submitted by Barry and Leone Gipstein.  Maggie Stewart said that two months ago they went through this process with the Gipstein’s when they were applying for a Class A Marina.  She said now the Gipstein’s are coming back to the Commission and would like to add something more to there marina permit.

Chairman Young asked if there was anyone here to speak on behalf of the applicant.  Molly Gallagher addressed the Commission and said that Mr. Gipstein couldn’t make it today.  She reminded everyone that he addressed the Commission at the last meeting about the application.

Chairman Young asked if there was anyone here to speak against the project.

John Caffry, Caffry and Flower, representing the Jacobi Point owners Group said that they have concerns regarding the south side of the dock where the Gipstein’s would like to put a jet ski.  Mr. Caffry said that the Gipstein’s had already agreed to do nothing with the south side of the dock and now they are back in front of the Commission asking for a modification.

Mr. Caffry said that the south side of the dock encroaches on the property line extension.  He said they have filed letters on these issues.  Mr. Caffry said there are concerns of congestion, overcrowding and safety concerns.  Mr. Caffry referred to a letter that was submitted by Isabelle Bradburn which addresses issues with children in the area.

Mr. Caffry said that they are requesting that the Commission deny this application to modify Class A Marina.

Chairman Young asked if there are any further comments on the Gipstein application.  There was no response.

Reconfiguration of Docks— Conceptual Review submitted by Cannon point Homeowners Association, Town of Lake George, County of Warren – #5222-13-05

Molly Gallagher said that Lake George Park Commission staff has been working with Cannon Point HOA for several years trying to come up with a plan that will accommodate all of their members.  She said that the docks they have now are not sufficient for all of their members.  Molly Gallagher said that the Lake George Park Commission staff have invited them to come and present a conceptual design to see if their ideas are well received.

Jeff Provost of the Dock Doctors, representing Cannon Point HOA, said that they have been working on this project for quite some time.  He explained the area where the docks are now located and the area to which the docks may be relocated.  he also spoke about the depth of the water, lake frontage and the length of each slip.

Mr. Provost said that all 48 of the docks would be the same size, each slip will be 24 feet long, he said.

He said that he is trying to get a sense from the Commission if this a good direction for them to be going before they formally submit an application.

Thomas Conerty asked about the removal of the old docks.

Jeff Provost said that they would like to remove everything but the large concrete structure.  He said that the new docks would be a combination of pile supported docks and floating docks.

Joan Robertson asked about the number of docks that are there currently.  Mr. Provost said that there are currently 44 slips and after the reconfiguration there will be 48 slips.  There will be enough slips to accommodate every homeowner.

Joan Robertson asked if this application is approved and a permit granted this would be the maximum build out allowed.

Jeff Provost that there are two other docks on the property one of which is for a canoe/kayak launch.

Joan asked if there would be any boats on that dock or would it just be in and out.  Mr. Provost said that no boats would be on the dock it is just as she said, in and out.

A discussion continued among Commission members and Jeff provost regarding the layout of the docks and which docks are designated as floating or pile docks.

Ronald Montesi asked If the next step would be to submit an application.

Mr. Provost said “yes, that was our next step.”  He said “our feeling was we wanted to present this and get a sense of any opposition to this concept.”

Molly Gallagher said that there are a couple of issues that staff should present on this application, they are as follows: the first point Molly wanted to make is that the  application met all requirements and the second is that it is very rare that staff 
encourages an applicant to seek a different configuration that may require a variance.  Molly said that this configuration is more protective of the boats and clusters the docks but does require a variance.

Molly Gallagher said that with associations she always encourages them to make sure they have looked at their total build out and make sure that what they are proposing is going to hold them for the long term and accommodate all of their members.

Ronald Montesi asked why there was a need for a variance.

Molly Gallagher said that the variance is needed for the extension from the mean/low watermark.

Bruce Young asked about the number of slips relative to the number of homeowners.  Frank Roland responded and said that there are 48 homeowners and 44 slips.

Item #4 - Public Comments on Pending Applications: Edward Hunter
 
Mr. Hunter addressed the Commission to appeal the conclusions of the Commission staff that the boathouse he proposed to build would interfere with reasonable access to his neighbor’s dock.  Mr Hunter explained to the members that his neighbors boat house is over his property line.  Mr. Hunter said that the neighbor’s dock interferes with his riparian rights.  He said that he filed for a 20' off set in the mid 1980's.  Mr. Hunter referred to and read a letter that was written to him in 1983 from the Department of Environmental Conservation regarding the set back.

A discussion continued among the Mr. Hunter and Lake George Park Commission members and staff.  The Commission members agreed to consider Mr. Hunter’s appeal and asked the Commission staff to perform an inspection.

Secretary’s Note:    Mr. Hunter is the applicant for a permit to construct a boathouse.  The boathouse would conform with the specific dimensions and set back requirements of the regulations.  However, based upon comments of the adjacent owner, the Commission staff reasoned that the proposed location would interfere with reasonable access to an existing boathouse to the north, which opens toward Mr. Hunter’s property.  Also, that an alternative location exists for Mr. Hunter’s boathouse that would substantially mitigate the interference.  Commission staff notified Mr. Hunter of its intent to deny his application in the current form. 

Item #5 - Fiscal Actions Reports

Chairman Young said that the September 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 John McDonald, seconded by Tom Conerty, all members present voting affirmatively, the September Fiscal Actions Report was approved as submitted.

Item #6 - Project Review:  Resolutions

Resolution 2005-64 Project Review Report

Maggie Stewart read and moved to approve Resolution 2005-64 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 2005-65 - Barry & Leone Gipstein

Maggie Stewart said that this applicant has been before the Commission several times before.  She said that this applicant was just given a permit for a Class A Marina and that decision was based on the fact that there would be no berthing on the south side of the dock.  She said that Mr. Gipstein had agreed to this condition.  Maggie Stewart said that in consideration of this she saw no reason to revisit the question of berthing on the south side of the dock and that accordingly, application should be denied.

All Commission members were polled and in favor of denying the application based on congestion, overcrowding and safety concerns.

Maggie Stewart read and moved to approve resolution 2005-65 which was seconded by Joan Robertson and all Commission members present voted affirmatively.

Application #    5220-45-04
Location         Town of Bolton
Applicant        Barry & Leone Gipstein


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

WHEREAS    the applicant has applied for a permit to operate a Class A Marina offering up to 3 berthing spaces; and

WHEREAS    the Commission finds that the application fails to comply with regulatory limits and requirements for the following reasons: Congestion, overcrowding and safety concerns as determined in previous review.
   
NOW THEREFORE BE IT RESOLVED
        The Lake George Park Commission hereby directs staff to issue a notice of intent to deny the application and to offer the applicant an opportunity to request a public hearing.
       
Item #7 -Law Enforcement Committee Report: Thomas K. Conerty

Thomas Conerty said that they did, in fact, have a Law Enforcement Committee meeting this morning and he turned to Lt. Schneider to give his report.

Lt. Schneider said he had an Law Enforcement Committee meeting this morning and discussed the Marine Patrol Officer’s response to the Ethan Allen tragedy, the fact that October 11, 2005 is the official end of the season for the Marine Patrol and also discussed the Marine Inspectors.  He said that Chris Michalak, Marine Inspector for the Commission, has worked through Colombus Day and is working on a spread sheet for all of their activities on the lake.     

Lt. Schneider said that active and on-going enforcement cases were also discussed.

Thomas Conerty read and moved to approve resolution 2005-66 which was seconded by John McDonald and all Commission members present voted affirmatively.

WHEREAS    the Law Enforcement Committee met October 25, 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 #8 - Eurasian Watermilfoil Management Plan: Michael P. White

Michael White said that the plan was distributed in August and all Commission members should have received a copy.

Thomas Conerty read and moved to approve resolution 2005-67 which was seconded by Maggie Stewart and all Commission members present voted affirmatively.

Whereas    the Commission is delegated authority by the New York State Department of Environmental Conservation to conduct Eurasian Watermilfoil Management activities in Lake George, and

Whereas    the Commission has received permits from the Adirondack Park Agency and NYS Office of General Services to undertake certain physical management  activities to manage Eurasian Watermilfoil, and

Whereas    the Commission desires to have an up-to-date management plan which would set the objectives, methods and resources necessary for the  eradication of invasive milfoil from Lake George, and

Whereas    the Commission has caused a draft Eurasian Watermilfoil Control Plan to be prepared and desire to have public comment on the plan before considering any action.

Therefore be it resolved that the Commission authorizes the Executive Director to give public notice that the Commission has prepared and is considering a Draft Eurasian Watermilfoil Plan for physical control of invasive milfoil, and

Be it further resolved that the Commission will establish a period of sixty (60) days for public comment on the plan during which the public may review the text and offer comments to the Commission.  Such public comment period will end December 23, 2005.

Item #9 - Budget Request FY 2006-07: Michael P. White

Thomas Conerty read and moved to approve resolution 2005-68 which was seconded by John McDonald and all Commission members present voted affirmatively.

WHEREAS    the Lake George Park Commission members have received and reviewed the Budget Request for the 2006-2007 State Fiscal Year, and

WHEREAS    the Commission members concur that the Budget is suitable for submission as the basis for the Commission’s requested appropriations for Fiscal Year 2006-2007.

NOW THEREFORE BE IT RESOLVED
        that the Commission accepts and adopts the Fiscal Year 2006-2007 Budget Request (attached) and

BE IT FURTHER RESOLVED
        that the Commission authorizes the Executive Director to submit the request to the Division of the Budget and to take such other steps he deems necessary to establish appropriations for the upcoming fiscal year.

Item #10 - Sandy Bay Moorings: Michael P. White

Roger Phinney read and moved to approve resolution 2005-71 which was seconded by Maggie Stewart and all Commission members present voted affirmatively.

Whereas the Commission has established a special anchorage area in Sandy Bay, and

Whereas    the anchors, chain and buoy system of the 55 moorings are in need of repair and/or replacement.

Now therefore be it resolved that the Commission authorizes up to $2500. in expenses for divers and support labor to repair and replace the equipment as may be possible and to inspect so that a plan for complete restoration can be developed.

Joan Robertson said that she is very pleased that the Lake George Park Commission is taking the steps to repair and replace the 55 buoys in Sandy Bay.  Joan Robertson spoke of a time when she was on the lake in Sandy Bay.  She said that she counted the buoys and there are only 38 buoys left.

    Item #11 - Tree Clearing and Stream Corridor Management Program           Report: Andrea Maranville

Andrea Maranville spoke of the projects the Commission has been working on such as the Invasive Species Task Force and the Tree Clearing and Stream Corridor Management Program.  Andrea said that the Commission will be holding a meeting along side the Watershed Conference on November 9, 2005 at the Queensbury Senior Citizen Center at 10:00 a.m. to discuss Tree Clearing and Stream Corridor Management.

Item #12 - Water Quality Programs Report: J. Thomas Wardell

Thomas Wardell said that he sent out a report to all Commission members which everyone should have received.  He said that since he sent the report out he received at least 4 more stormwater applications.

Mr. Wardell said that he has been working on the Beneduce subdivision.  He said this a very large scale project.

Mr. Wardell also spoke of some projects he has been working on with Chris Navitsky, Lake George Waterkeeper.

Mr. Wardell also spoke of the Wastewater Management RFP.  He said that RFP will be going out very soon.

Lake Level

Mr. Wardell said that the lake level at Rogers Rock is 3.56.

Item #13 - Resolutions of Appreciation

Michael White spoke of two Commission members that have or will be retiring from the Lake George Park Commission Board of Commissioners.  Maggie Stewart will be retiring upon the confirmation of her successor and Tony Reale has already retired from the Commission as of June 28, 2005.

Joan Robertson read and moved to approve resolution 2005-69 which was seconded by John Pettica and all Commission members present voted affirmatively.

Whereas        Margaret M. Stewart of Queensbury recently completed her third term as a Lake George Park Commissioner, serving a total of twenty seven years, as a member of the board whose mission is to preserve and protect the unique, natural and scenic resources of Lake George.  Margaret Stewart served since 1985 as an elected officer of the Commission and since 1987 as Chair of the Project Review Committee and she will be retiring from the board upon the confirmation of her successor, expected early next year, and

Whereas        during this time, Margaret Stewart donated countless hours of her personal time in attendance at regular monthly meetings of the Commission, presiding over Project Review Committee meetings, attending site visits, reviewing written material and other wise doing all things required of a good and devoted Commission member, and

Whereas        in her roles as a member, officer and committee chair of the organization, Mrs. Stewart represented the People of the State of New York in difficult deliberations and hard decisions in the often unenviable task of applying State regulations to fellow citizens with projects pending approvals before the board, and

Whereas        Mrs. Stewart confronted these responsibilities with conviction, fairness
            and an open mind that won her the respect of both the public coming
              before the board and her fellow Commission members and staff, and

    Whereas        her quite resolve and her steady hand are attributes upon which the Commission came to rely and which                         gave strength and credence to the organization and strong support to the important mission we strive to                           attain, and

Whereas        this donation of time, energy and spirit in faithful service to the public interest should be recognized for both its quality and magnitude as unique and worthy of special recognition.

Now therefore be it resolved that the Lake George Park Commission paused today to express appreciation to Maggie Stewart for her significant contribution of time and energy to the preservation and protection of Lake George and to the mission, purposes and values of the Lake George Park Commission, and

Be it known to all, that you are and will continue to be a friend to us, representing the best example of public service and that we will hold our recollections of your gracious spirit and good nature in our hearts.  Thank you and may god bless you and yours.

Adopted the 25th day of October 2005 by the Lake George Park Commission.


Bruce E. Young        Thomas K. Conerty        Shauna M. DeSantis
Joan A. Robertson        Roger H. Phinney            Thomas W. Hall
John A. Pettica        John C. McDonald            Ronald S. Montesi   


John McDonald read and moved to approve resolution 2005-70 which was seconded by Roger Phinney and all Commission members present voted affirmatively.

Whereas        Anthony P. Reale has served the Lake George Park Commission with distinction as a member since 1997 and as Vice-Chair from September 23, 2002 to June 28, 2005, and

Whereas        Mr. Reale has devoted very substantial amounts of his personal time and energy to the Commission and to its purposes and objectives to preserve and protect Lake George, and

Whereas        his dedication to the purposes of protecting the lake and his willingness to pursue these objectives in the face of adversity demonstrate his leadership, conviction to cause and indomitable spirit in the pursuit of the public interest to conserve the resources and qualities of Lake George, and

Whereas        in all matters, Mr. Reale has shown endless resolve, immeasurable patience and a kindness and understanding for others that mark values to which all may aspire.

Now therefore be it resolved that Anthony Reale is to be commended for his commitment to public service, his adherence to values of good citizenship, his love for Lake George and his dedication to the principals of good friendship.

Be it further resolved that the Lake George Park Commission Members and Staff express to Mr. Reale deep appreciation for your efforts, your wise counsel and your gracious nature and offer to you our heartfelt affection and best wishes for your future endeavors.

Adopted the 25th day of October 2005 by the Lake George Park Commission.


Bruce E. Young        Thomas K. Conerty        Shauna M. DeSantis    Ronald S. Montesi
Joan A. Robertson        Roger H. Phinney            Thomas W. Hall
John A. Pettica        John C. McDonald            Margaret Stewart           






Item #14 - Public Comments

There were no public comments.

Item #15 - 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 12:15 p.m.


                   
                        Respecfully submitted,



                        Michelle D. Way                                        Keyboard Specialist 1


Secretary’s Note:    The next Commission meeting is scheduled for TUESDAY, November 22, 2005, 10:00 a.m. at the Holiday Inn, Canada Street, Lake George, NY.