Lake George Park Commission
20 September 2005
Hague Town Center
Bruce E. Young, Chair
COMMISSION MEMBERS PRESENT: Joan A. Robertson
Sheehan, DEC Commissioner)
W. Hall, representing
COMMISSION MEMBERS ABSENT: John A. Pettica
COMMISSION STAFF PRESENT: Michael P. White, Executive
Lt. Joseph H.
Schneider, Director Law Enforcement
Conservation Operations Supervisor I
Wardell, Director of Engineering
Principal Account Clerk
Way, Keyboard Specialist 1
Andrea L. Maranville, Director of Governmental
COMMISSION COUNSEL PRESENT: Martin Auffredou
Item #1 - Introductions, Roll Call, Minutes of Meeting
The 337th meeting of the Lake George Park Commission was called to
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 Tom Conerty, all Commission members present voting
affirmatively. The minutes of meeting # 336 were approved as
Chairman Young said that the meeting minutes of 335 had not been
accepted because of last minute amendments. On the motion of Tom
seconded by Joan Robertson, all Commission members present voting
the revised minutes of meeting # 335 were approved.
Item #2 - John Windbush - Darrin Freshwater Institute
John Windbush, of the Darrin Freshwater Institute gave a presentation
on the Institute’s
efforts to track, remove and understand Zebra Mussels in Lake
George. Mr. Windbush
spoke about Zebra Mussel colonies that have been found in several areas
of the lake.
He said that over the last year they have found zebra mussels in three
the lake. He said that zebra mussel colonies have been found near
This past fall he said they got 66 mussels out and they went back in
the spring and
found 46 more mussels. He said they are pretty low numbers but
this brings the total
over the past 5 years to about 21,000 found there. Mr. Windbush
spoke of other
findings of zebra mussels in two other locations and about efforts to
sample the lake
water for veligers.
Thomas Hall asked Mr. Windbush how old a zebra mussel has to be before
reproductive. Mr. Windbush said that they are usually in their
second year of life, over
12 millimeters in length (size usually relates to age).
Thomas Conerty asked what the life span of a zebra mussel is. Mr.
Windbush said that
the life span of a mussel is about 7 to 8 years and he said this varies
on the conditions
of the environment.
Michael White asked about the findings of the veligers and what that
tells us. Mr.
Windbush said that the veligers came from boats and he said the places
they choose to
monitor for the mussels are varied. He said they choose shallow
sites, deep sites,
marinas, fishing places, etc. He said the veligers could have
come from bait bucket
water or maybe they were attached to a boat or in the bilge.
A discussion followed.
Bruce Young introduced Dan Belden, Supervisor of the Town of Hague and
the Town for hosting the meeting.
Supervisor Dan Belden thanked the Lake George Park Commission for using
at the Hague Town Center. He said that the Lake George Park
welcome to hold a meeting here anytime.
Item #3 - Project Review - Public Comments on Pending
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
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 Variance Request submitted by Thomas Keating, Town of Dresden,
County of Washington – #5326-26-01
Maggie Stewart introduced the project. She said the project is
located in the Town of
Molly Gallagher said that a site inspection was not done this month so
she added 3
more pages of information for the Commission members review as part of
Molly Gallagher said she also sent out some information regarding the
included a letter from the realtor and an estimate of the cost of
removing the dock.
Chairman Young asked if there was anyone here to speak on behalf of the
There was no response.
Chairman Young asked if there was anyone present to speak against the
There was no response.
Martin Auffredou asked Molly Gallagher if anyone was expected to be
present for the
meeting. Molly Gallagher said that no one was expected to be here
today. She said
that no comments from adjoining property owners were received.
Item #4 - Fiscal Actions Reports
Chairman Young said that the August 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 Joan Robertson, seconded by Maggie Stewart, all
voting affirmatively, the August Fiscal Actions Report was approved as
Resolution 2005-63 Krueger Construction
Michael White, Executive Director of the Lake George Park Commission,
resolution for after-the-fact approval which abridges the Commission’s
Thomas K. Conerty read the following resolution # 2005-63.
Whereas the Commission has undertaken the replacement of a
stormwater control measure at it’s headquarters in
a planned parking lot re-topping project, and
Whereas installation of a fore bay, 8' dry well, stone
liner, and tree removal occurred on a time and material basis, and
Whereas the work has been successfully completed.
Now therefore be it resolved that the Commission authorizes payment to
Krueger Construction for the amount of $4,147.50.
On the motion of Tom Conerty, seconded by Joan Robertson, all
present voting affirmatively, resolution # 2005-63 was approved as
Item #5 - Project Review: Resolutions
Resolution 2005-58 Project Review Report
Maggie Stewart read and moved to approve Resolution 2005-55 which
directs that the
Project Review Report be incorporated in full in the minutes of the
meeting. The motion was seconded by Joan Robertson and all
members present voted
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 2005-68 - Thomas Keating
Maggie Stewart said at first she had a problem with this application
thought they failed to show hardship but to move the dock over would be
expensive. She said the realtor sent a letter and she couldn’t
believe the figure that
was put on this application.
Martin Auffredou said that the Commission should not rely on the letter
from the realtor
as justification for the variance. He said the Commission should
never get into a
discussion on how the dock enhances value.
Martin said the unique and peculiar conditions need to be looked at in
addition to the
Thomas Hall asked Molly Gallagher about the addition of the six foot by
eight foot crib.
He asked if the addition would encroach on any required
Molly Gallagher said yes, three feet of the addition would encroach
into the required 20
foot set back. Molly said that the existing dock is already In
the setback and to keep
this in line the addition would also be in the set back.
Maggie Stewart said that the addition is not going to be a crib dock it
will be a stake
Molly Gallagher said that she believes there will be a 4 foot crib on
the end of the dock.
A discussion regarding the set back and placement of the addition
continued among the
Tom Hall asked what is the purpose or the reason for the expansion of
the dock. Molly
Gallagher said they are getting a bigger boat.
Maggie Stewart said that he still isn’t going over the 40 foot limit.
Martin Auffredou asked if there would be any noticeable impacts on
swimming or boat traffic.
Molly Gallagher said there are none that she can see.
Bruce Young said that he is very familiar with area and he said this
still wouldn’t be the
longest dock in the bay.
Maggie Stewart said that this wouldn’t add any additional congestion
because he isn’t
adding another boat to his dock.
Maggie Stewart read and moved to approve resolution 2005-60 which was
by Joan Robertson and all Commission members present voted
Resolution 2005-60, Meeting #337, September 20, 2005
Approve Variance for Wharf Modification
Application # 5324-9-05 & 5324-10-05
Location 26-3-15, Town of
Applicant Thomas Keating
WHEREAS the Lake George Park Commission has reviewed the
application, supporting documents, comments
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
Act 6NYCRR 617.5 that the project is a Type II action and does not
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
and distributed; and
WHEREAS the applicant has applied for a permit for wharf
modification to extend an existing wharf by 8 feet;
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
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
financial, technical and safety burdens:
The cost of making the dock conform to regulatory standards by moving
it by 3 feet and the
environmental disturbance outweighs any benefit of moving it.
WHEREAS the Commission finds that there is no reasonable
possibility that the applicant's property will bring a
return following conformance with the regulations; and
WHEREAS the Commission finds that the project represents
the minimum necessary variance required to
WHEREAS the Commission finds that the proposed project is
reasonable and necessary and will not cause
uncontrolled, or unnecessary damage to the natural resources of the
water, fish, shellfish, crustaceans and aquatic and land-related
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
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
application as proposed
Item #6 - Water Quality Programs Report: J. Thomas Wardell
Tom Wardell said that he sent out a stormwater report to all Commission
spoke of some projects he is currently working on. He spoke of
one project in Hague.
He said this project is considerable in size so it may come back to the
Tom Wardell said that he and Lieutenant Schneider went to the Hague
Department and had an enforcement action underway with them. He
said they have
come up with a common sense solution and is hoping for the completion
of this case by
Tom Wardell said he has received several stormwater applications.
Tom said that the
Erosion Control Inspection Program has been very beneficial. This
program is to make
sure that the controls are in place and correctly in place before they
start rather than
after a storm and is all washed into the lake.
Mr. Wardell said Sandy Stragnell, Lake George Park Commission contract
has worked out very well on some of the projects in Ticonderoga.
Tom spoke of some projects he has to work on with Chris Navitsky in
and in Hague.
Darrin Freshwater Institute has concluded there sampling program for
the season. He
said the last high count they received was in south Sawmill Bay.
Tom mentioned that the stormwater control measures that were placed in
Commission parking lot have held up quite well.
Joan Robertson asked about the Washington County DPW she asked if there
any type of remediation for all of that till that was put on the side
of the road that is
washing into the lake.
Tom said what they are going to try to do is put larger stone in those
areas. Tom said
this should work. He said that Washington County is open to this
Joan Robertson asked if Washington County was aware of the problem and
if it is being
Maggie Stewart asked if there is anything that can be done to limit the
permits received in the fall.
Tom Wardell said that he thinks that by having these erosion controls
in before they
start is a step in the right direction.
Mr. Wardell said that the lake level at Rogers Rock is 3.37. He
said it is a little low for
this time of year.
Item #7 - Public Comments
The Lake George Watershed Conference
Dave Decker said that the regulatory review project draft report by the
law school has
been circulated to each of the communities as well as all of the state
participated in that effort.
He said the target to get the comments back from the municipalities is
later this week
and the target to get the comments back from the state agencies is the
Once all of the draft comments are received back they will be
consolidated and a final
report will be completed by late October.
Mr. Decker spoke of a feasability study on, on site wastewater
He said he met with Michael White and Andrea Maranville and put
together a schedule
that anticipated reviewing that draft RFP with the conferences project
on October 5, 2005.
Mr. Decker said there has been a tremendous effort on-going which was
lead by Lynn
Schuman of the Land Conservancy.
Barry Gipstein said that he had a permit issued on August 1, 2005 and
he would like to
modify his permit. He said he would like to use the south side of
the dock to put a PWC
there. He said he has discussed this with his neighbors, the
McEnany’s, they have no
objections with this.
Barry Gipstein said he is asking for the permission of the Lake George
Commission to do this. He said that the comment period ends
tomorrow and cannot
attend the next meeting and he doesn’t want to have to hire a lawyer
Tom Hall asked Mr. Gipstein if this spot will be restricted to just a
PWC and no boats.
Mr. Gipstein said that is correct and nothing is going on the dry dock.
Joan Robertson asked if this is strictly the south side of the
dock. Mr. Gipstein said that
yes it strictly refers to the south side of the dock. He said
this would bring the vessels
from 3 to 4.
Chairman Young advised Mr. Gipstein that a decision can be made at the
Commission meeting and that he does not have to be present.
Item #8 - Executive Session
The Commission members discussed a request by Molly Gallagher to
position of Environmental Analyst 1 to Environmental Analyst 2.
Mike White explained
the Civil Service Department procedures for this and for the agency to
accept the re-
classification request as its own. Mike White distributed copies
of the re-classification
application and discussed the duty statements for the two positions.
Commission members asked about the cost to the Commission of the change
general discussion followed. Several members expressed support
for the quality of Ms.
Gallagher’s work and acknowledged that the scope and complexity of the
increased in recent years.
All members present agreed to authorize the Chair to submit an
application to the Civil
Service Department for their consideration of the upgrade request in
the applicable regulations of the State Department of Civil Service.
Item #9 - Adjournment
There being no further business, on the motion of Tom Conerty, seconded
Robertson, all Commission members present voting affirmatively, the
adjourned at 12:15 p.m.
Secretary’s Note: The next Commission meeting is scheduled
October 25, 2005, 10:00 a.m. at the Bolton Town Hall, Lake
Shore Drive, Bolton Landing, NY.