Lake George Park Commission

Meeting #370

October 28, 2008

Fort William Henry Resort & Conference Center

Lake George, NY


Presiding: Bruce E. Young, Chair



Commission Members Present: Thomas K. Conerty Thomas J. Morhouse

Kenneth W. Parker

Thomas W. Hall

David G. Floyd

Joe Stanek

John McDonald

James Kneeshaw



Commission Members Absent: John A Pettica





Commission Staff Present: Michael P. White, Executive Director

Lt. Thomas J. Caifa, Director of Law Enforcement

Molly Gallagher, Environmental Analyst II

Keith G. Fish, Operation's Director

Roger R. Smith, Conservation Operation's Supervisor II

Peggy Stevens, Principal Account Clerk





Commission Counsel Present: Martin Auffredou





Others Present:



Dave Wick Darcy Harding Bob Brodie Melissa Lescault

Jim Lieberum John Caffry Gary Brown Peter Perry

Peter Bauer Mary Alice Leary Fred Schmalkuche Alice Schmalkuche

Brian Nearing George Weinschenk Carol Collins Jeff Provost

Emily DeBolt David Decker Chris Navitsky Tony Hall















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



The 370th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:00 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. He asked if there were any corrections or submissions.



Dave Floyd asked that the previous meeting minutes be changed to show that he was in opposition to Resolution 2008-49.



On the motion of David Floyd, seconded by Kenneth Parker, the minutes of the previous meeting were approved with the above change.



Item #2 -- Fiscal Actions Report for September 2008: Peggy Stevens



Chairman Young said that the Fiscal Actions Report for September 2008 was submitted to the

members for their review. He asked if any members had questions on the report. There were none.



On the motion of Thomas Conerty, seconded by Thomas Hall, all members present voting

affirmatively, the September 2008 Fiscal Actions Report was approved as submitted.



Resolution 2008-62 -- Purchase of Postage



Tom Conerty read and moved to approve Resolution 2008-62 which was seconded by Tom Hall

and all Commission members present voted affirmatively.



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



WHEREAS over 10,000 applications will be mailed, and



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



NOW THEREFORE BE IT RESOLVED that the Chairman is hereby authorized to approve the payment

not to exceed $10,000 to Postmaster for postage to process and mail registration decals for the 2009

season.



Item #3 -- Stream Crossing Evaluation Study Report: Dave Wick, Warren County Soil &

Water Conservation District



Dave Wick said that he has been working with Mike White and the Lake George Park

Commission for quite some time now on evaluating stream crossings within the Lake George

Watershed. He said that what this largely boils down to is assessing culverts.



Mr. Wick said that they are looking at what the general conditions of the culverts/stream crossings are.

He said that this has been an issue for quite some time now in terms of how streams are impacted by

a number of sources.



Mr. Wick said that they are trying to determine what the structure and overall conditions are of the

culverts as well as the fish passage through the culverts. He said that they are seeing a lot of decline

in fish spawning due to improperly installed culverts. This is due to culverts being replaced in kind

about 20 years ago without giving any consideration to the fish passage ways. He said that many of

these culverts are causing problems because fish can't migrate upstream.



Dave Wick discussed a meeting he had with Mike White and Keith Fish of the Lake George Park

Commission in which they discussed what types of conditions and concerns they should be looking

for. He said that the following are the types of questions they are trying to answer:



Are the culverts structurally sufficient?

Are they going to cause problems with flooding?

Are they in danger of collapsing?

What is the headwall condition?

What is the condition of fish passage conditions?



Mr. Wick said that their target goal was to take a look at 25% of the headwater streams, 50% of the

2nd and 3rd order streams and 100% of the larger streams that enter into Lake George. He said that

they expected to evaluate 147 culverts but ended up evaluating 205 culverts.



Mr. Wick said that they exceeded what they expected to do and thought that it was very important to

get as broad a cross section of the basin as possible. He proceeded by presenting a set of stream

maps which depict which culverts were assessed and were not assessed and of those looked at

which ones are in poor condition, fair condition or good condition.



Mr. Wick discussed the report in more detail and said that the full report is approximately 130 pages.

He said that the document will be posted on their website. He also spoke more about some of the

challenges associated with this project such as walking the length of the streams that are not

located on any maps.



Mr. Wick said that once the report is final each municipality and highway superintendent will receive a

copy of the report and he will also set up meetings to meet with and discuss the assessments.



Item #4 -- Project Review -- Public Comments on Pending Applications and Project Review

Resolutions: Molly Gallagher



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



Resolution 2008-56 -- Project Review Actions Report



Thomas Morhouse read and moved to approve Resolution 2008-56 which was seconded by Kenneth

Parker, all members present voting affirmatively.



WHEREAS the Commission has received and reviewed the Project Review Actions Report prepared

by staff and dated October 15, 2008, and



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.



Class A Marina Modification Submitted by Yankee Yacht Sales, Inc., Town of Bolton, County of

Warren



Molly Gallagher introduced the project. She said that Mr. Brodie is present to speak on behalf of the

application.



Mr. Brodie said that he and his wife purchased their marina in 1972 and have been operating it ever

since. He said that in more recent years -- about 10 years ago they have been storing boats on

Coolidge Hill Road where they have been renting the space for the storage use from the owners of

that parcel. He said that the owners of the parcel have had a permit from the Town of Bolton for the

storage of boats.



Mr. Brodie said that they had contacted the Town of Bolton to find out if the marina permit would be

transferred to the new owner of the property. He said that the Town did confirm that the marina

permit could be transferred to the new owner of the property.



He said that he is now here to apply for an upland storage permit in conjunction with his existing

LGPC permit.



Chairman Young asked if there were any questions for Mr. Brodie. There were none.



Chairman Young asked Molly if that was the only modification to the permit. She replied and said

yes, that was the only modification to the permit.



Kenneth Parker read and made a motion to approve Resolution 2008-57 which was seconded by Tom

Morhouse and all Commission members present voted affirmatively.



WHEREAS the applicant has applied for a permit to modify an existing Class A Marina to add an upland winter storage facility; and



WHEREAS the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and



WHEREAS the Commission has made a determination that the project is an Unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617.5 and has made a determination that the project will have no significant impact on the environment; and

 

WHEREAS the action is considered to be a Major project pursuant to 6 NYCRR 645-5.3 and public notice has been published and distributed as required; and



WHEREAS the applicant has demonstrated that the facility complies with the Class A Marina requirements of 6 NYCRR 646-1.2; and



WHEREAS the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park.



NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby resolves to

approve the above application as proposed.



Wharf Modification Submitted by Darcy Harding, Town of Queensbury, County

of Warren



Molly Gallagher introduced the application. He said that Ms. Harding has been before the

Commission several times in the past where she applied for the placement of a boat lift which

required a variance.



Molly Gallagher said that the Town of Queensbury does require a variance for this project.



Darcy Harding spoke on behalf of the project. She said that she purchased the property about 7

years ago and believed that there was a legal, useable dock space present based on 3 main facts.



Darcy Harding said that the first reason was that there was a current dock permit for up to a 25 ft.

boat. The second reason was based on the appraisal and the value of the property which was based

mainly on the fact that there was dock storage on Lake George. The third reason was because the

realtor told her that she could dock a boat there .



Ms. Harding said that shortly after she docked a boat Gary Brown and Nancy Farry told her that her

boat was in their riparian way and it needed to be moved.



Ms. Harding discussed her previous application to the Commission and said that her dock is in dire

need of repair. She said that the dock is dangerous and can not be repaired without approval.



James Kneeshaw asked Ms. Harding if she plans to move her dock completely onto her property.



Ms. Harding said no, because a variance would be required.



Thomas Morhouse asked why Ms. Harding would be prevented from repairing her dock within her

boundary line.



Martin Auffredou said that Ms. Harding can repair her dock in kind regardless of where the dock is

located and without obtaining a permit from the Commission.



A discussion continued regarding the dimensions of the proposed dock.



Gary Brown spoke in opposition to the application submitted by Darcy Harding. He said that this has

been an on-going problem since the early 90's. In the early 90's the dock was a stake dock that was

not registered with the Commission because it was used as a swim platform.



Mr. Brown said that this stake dock was taken in and out of the water annually until 1993 when the

dock was put back in as a crib dock and the stone was removed from the sea wall for the crib.



Mr. Brown said that Darcy Harding owns a 10 ft piece of property and he would like to see her use that

property. He said that Darcy Harding is proposing an 8ft.x 10ft. platform from the land, extended to

the west but he would like to see the platform centered on her property so that he can maintain the

sea wall that is deteriorating and washing away due to the fact that the stones were taken from the sea

wall.



Mr. Brown said that he came to the Commission office in the early 90's and spoke with Mr. Finlayson.

He said that no records can be found from the 90's showing that he came into the office about this

matter.



The Commission members discussed the dock to the north as well as the maintaining of the sea wall.



Kenneth Parker asked Mr. Brown if the dock were left where it is currently is it impossible for you to

maintain your property.



Mr. Brown said yes, it would be impossible for him to maintain his property. He said that the dock is

located over the survey marker. He added that it is about 8" over his property boundary.



James Kneeshaw discussed the original dock that was placed there in 1956 and asked Mr. Brown if

the 1993 dock was placed in kind in the same location, etc.



Mr. Brown said that the dock was not placed in kind. He said that it is in a different location and it

went from a stake dock to a crib dock.



A discussion continued among the Commission members regarding the possibility of shifting the dock.



Darcy Harding said that she would prefer a boat lift which would alleviate all of the problems but that

was denied by the Commission.



Molly Gallagher said that the boat lift was denied because of insufficient proof of a hardship.



Thomas Morhouse made a motion to approve Resolution 2008-58 which was seconded by Kenneth

Parker and all Commission members present voted affirmatively.



WHEREAS the applicant has applied for a permit to remove a 5' wide, 24' long crib pier and replace it with a 2'-3' wide, 21' long pile supported pier; and



WHEREAS the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and



WHEREAS the Commission has made a determination pursuant to 6NYCRR 645-3.6 and the State Environmental Quality Review Act 6NYCRR 617.5 that the project is a Type II action and does not require further review of potential environmental impacts pursuant to this act; and



WHEREAS the action is considered to be a Minor project pursuant to 6NYCRR 645-5.3 and public notice has been published and distributed; and



WHEREAS the Commission finds that the 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 that the Lake George Park Commission hereby approves the

above application, as proposed.





Variance Request for Wharf Modification Submitted by Carriage Hill Lake Club, Town of Lake

George, County of Warren



Molly Gallagher introduced the application. She said that Carriage Hill would like to install 15 boat

lifts to their docks which currently extend over the property line to the north.



Molly Gallagher said that the Commission is not ready to make a decision based on the fact that they

just received the documents. She said that Jeff Provost is present to speak on behalf of the project.



Jeff Provost of the Dock Doctors spoke on behalf of the project. He discussed how the boat lifts

would look, their design and the fact that they are environmentally friendly.



Chairman Young asked Mr. Provost to provide a picture of what the 15 boat lifts would look like.



John Caffry spoke on behalf of Charles LaPlant in opposition to the application of Carriage Hill Lake

Club. He said that Mr. LaPlant (Stepping Stones Resort) has filed a complaint against Carriage Hill

Lake Club and is very concerned about visual impacts these boat lifts will cause.



Mr. Caffry said that the 15 boat lifts will look like a wall and will cause a visual impact. He also said

that their has not been a lot of damage to the boats -- not enough to grant a variance and he said

that this is not a unique or peculiar situation.



Mr. Caffry also said that Mr. LaPlant thinks that this is a self imposed hardship issue because the

boat whips are not being used correctly. He said that if they were used correctly there would not be

any boat damage.



Also discussed, was the fact that possible marina activity is going on at the association. There have

been boats docked at the association that do not belong there.



Chairman Young asked if any of the members had questions. There being none, the application was

deferred to the next meeting.



Wharf Modification Submitted by Frederick & Alice Schmalkuche, Town of Queensbury,

County of Warren



Molly Gallagher introduced the application. She said that applicant is proposing to modify existing

wharf and construct an open sided sundeck.



Molly Gallagher said that the applicant currently has a boat cover but would like to extend the boat

cover to the south pier. She said that a variance is required for the sundeck but not for the dock

modification.



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



Melissa Lescault spoke on behalf of the applicant. She said that the property is located on Assembly

Point and the northern property is owned by Mr. Zylowski who runs a marina and the southern

property is owned by the Town of Queensbury.



Ms. Lescault said that the sundeck/boathouse is completely unstable and in need of repair. She said

that it is so unstable that it sways in the wind.



Ms. Lescault spoke about the southern dock. She said that it is pre-existing and is about 3.2 ft. from

the Town of Queensbury dock. She also said that they are proposing a new sundeck that utilizes the

southern crib.



Melissa Lescault spoke about the 4 main reasons that they believe a variance should be granted for

this application. They are as follows:



The first reason is based on the economic hardship requirement. She said that the

cost for this proposal is approximately $64,000.00 and the cost to completely shift the dock and move

into the setback would cost approximately $138,000.00.



The second reason is based on minimizing the lake disturbance. She said that because they will

utilize the southern pier - no new pier will be erected thus allowing them to minimize the disturbance

of the lake.



The third reason is based on protection of the water pipe line. She said that based on the location of

the water pipe line and the location of the docks no motorized vessels can be used -- only canoes,

rowboats, etc. allowing for the protection of the water pipe line.



The fourth reason for granting the variance is based on the fact that the Town of Queensbury Zoning

Board of Appeals and the Planning Board unanimously approved an 8' variance approval.



A discussion continued among the Commission members regarding the purpose of the structure as

well as the drawing diagrams and the property owned by the Town of Queensbury.



The Commission members determined that the variance test has been met and that the quotes alone

satisfy the economic hardship requirements.



Thomas Morhouse read and moved to approve Resolution 2008-60 which was seconded by Kenneth

Parker and all Commission members present voted affirmatively.



WHEREAS the applicant has applied for a permit to modify an existing wharf, construct an open-sided boatcover/sundeck and construct open-sided, rock-filled timber cribs; 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 unique and peculiar circumstances which impose substantial financial, technical and safety burdens.



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



WHEREAS the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park.



NOW THEREFORE BE IT RESOLVED that The Lake George Park Commission hereby approves the request for variance and approves the above application, as proposed.



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



Thomas Conerty said that a Law Enforcement meeting did occur and he called upon Lt. Caifa to speak.



Lieutenant Caifa said that the Law Enforcement meeting started at 9:05 a.m. where roll call as taken

and they moved immediately into a Executive Session. He said that they returned to regular session

at 9:30 a.m. and discussed Marine Patrol activity for the 2008 season and also discussed the

new Marine Patrol boat that replaced the boat 101 -- the Boston Whaler that was in service on the

lake for 14 years.



Thomas Conerty read and moved to approve Resolution 2008-61 which was seconded by John

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



WHEREAS the Law Enforcement Committee met October 28, 2008 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 -- Public Comments



Lake George Association



No comments.



The FUND for Lake George, Inc.



Peter Bauer, Executive Director, spoke on behalf of the Fund for Lake George, Inc. He spoke about

the Stream Corridor Management initiative that has been undertaken by the Lake George Park

Commission. He said that he does not believe that the process is moving along in a quick and

efficient manner and does not believe that the regulations are any closer to being complete than

they were in 2005.



Mr. Bauer also said that he is grateful that an inventory/mapping of streams in the watershed is

underway but is concerned that this is a long process and regulations will not be completed until

2010.



Lake George Waterkeeper



No comments.



Lake George Watershed Conference



Dave Decker spoke about several scheduled meetings that are scheduled to occur sometime in

November. He also spoke about contract documents that he just received from the NYS Department

of Environmental Conservation to conduct an exam of alternatives of current use and practices of

road salts. He said that the Town of Queensbury is the contractor and he is hoping to have all signed

contracts back in November.



Public Comments



No comments.



Executive Session



At 12:40 p.m. a motion was made by Thomas Conerty to go into Executive Session which was

seconded by John McDonald and all Commission members present voted affirmatively.



No action was taken in Executive Session.



At 1:00 p.m. Kenneth Parker made a motion to go back into regular session which was seconded by

James Kneeshaw and all Commission members present voted affirmatively.



A discussion followed among the Commission members regarding the definition of boat lifts and

wharfs.



Item #7 -- Adjournment



There being no further business, on the motion of John McDonald, seconded by Kenneth Parker

the meeting was adjourned at 1:10 p.m.

 

Respectfully submitted,







Michelle D. Way











Secretary's Note: The next Commission meeting is scheduled for Tuesday, November 25, 2008, 10:00 a.m. at the Holiday Inn, Route 9, Canada Street, Lake George, NY.