Lake George Park Commission
26 September 2006
Canoe Island Lodge
Diamond Point, NY
Commission Members Present: James T. Kneeshaw
Kenneth W. Parker
John A. Pettica, Jr.
Thomas J. Morhouse
Thomas K. Conerty
Shauna M. DeSantis
Roger H. Phinney
Commission Members Absent: Thomas W. Hall
Commission Staff Present: Michael P. White, Executive
Joseph Schneider, Law
Roger Smith, Conservation
Operations Supervisor 1
Environmental Analyst II
Michelle Way, Keyboard
Peggy Stevens, Principal
Andrea L. Maranville,
Director of Governmental & Community Affairs
Commission Counsel Present: Martin Auffredou
Laura Moody Carole
Wentz Mary Alice Leary
Madeline Farbman Kathy
Bozony Chris Navitsky
Michael Bruder Barbara J. Ahern
Item #1 - Introductions, Roll Call, Minutes of Previous Meeting:
Bruce E. Young
The 348th 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 John McDonald, seconded by Thomas
Conerty, 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 (attached) which explains the
role of the project Review Committee.
Molly Gallagher introduced the first project. She said that the
project was submitted by Dr. Rees Pritchett of Hague and that he would
like to remove an existing dock and construct a 31' long, 22'6" wide, U
shaped wharf with an open sided boat cover/sundeck. She said that
a property with 80' of lakefront usually has no problem getting a
permit to build this type of a wharf but since the property lines
converge in the lake a variance request is needed.
Molly Gallagher said that revised plans were submitted to reduce the
size of variance requested. Molly also added that the Project
Review Committee went out and took a look at this property on September
Chairman Young asked if there was anyone present to speak on behalf of
the project. Carole Wentz said that she had no further comments
and that the paperwork should speak for itself.
Chairman Young asked if there was anyone present to speak against the
project. Laura Moody addressed the Commission members and said
that she is representing the Miller family. She said that her
family is an adjacent owner to the south and that they are concerned
about the sundeck in the bay. She said that her family has an
objection to any type of variance being granted.
Laura Moody also said that she submitted a letter on behalf of her
family which stated her objections. She said that the objections
she and her family have are “as stated” in her written letter.
Chairman Young asked Ms. Moody if Dr. Pritchett’s moving the dock 5
feet to the north would change the Miller family’s opinion.
Ms. Moody said that it wouldn’t change her family’s mind and that it
would still change the view of the shoreline from the lake.
Item #3 — Fiscal Actions Report: Peggy Stevens
Chairman Young said that the August 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 Roger Phinney, seconded by Ronald Montesi, all members
present voting affirmatively, the August Fiscal Actions Report was
approved as submitted.
Resolution 2006-65 — Authorizing the Purchase of a Neopost IJ70
Automatic Digital mailing Machine
Thomas Conerty read and moved to approve Resolution 2006-65 which was
seconded by James Kneeshaw and all Commission members present voted
WHEREAS several years ago the USPS began a
multi-phased plan to pro actively manage the replacement of postal
WHEREAS the plan is aimed at replacing meters which
are susceptible to revenue loss and impose operation costs both of
which can be avoided with newer alternative meter technology, and
WHEREAS the current postal meter used at Commission
headquarters uses letterpress technology to print postal indicia on
outgoing mail, and
WHEREAS the deadline for the replacement of
letterpress technology meters is December 31, 2006 after which the
meter will no longer be authorized for use as a postal evidencing
device and digital postage meter technology will be required, and
WHEREAS staff has reviewed current office needs,
equipment specifications, costs of mail machines and digital meter
technology available on state contract
THEREFORE BE IT RESOLVED that the Commission authorizes the purchase of
a Neopost IJ70 Automatic Digital Mailing Machine with a 10 lb. scale
from Metroland Business Machines, Inc. of Albany, NY at a cost not to
exceed $4,500 and consistent with the terms and conditions of the NYS
OGS contract and the NYS Finance Law.
Resolution 2006-66 — Authorizing the Purchase of Informational
Navigation Rack Cards
Thomas Conerty read and moved to approve Resolution 2006-66 which was
seconded by John McDonald and all Commission members present voted
affirmatively to approve the resolution.
WHEREAS the Commission has rules and regulations
pertaining to the registration of boats and special navigational rules
on Lake George, and
WHEREAS the Commission wants to make the public aware
of the requirements and ensure the adequacy of public information about
lake use regulations, and
WHEREAS the Commission has prepared a rack card
summary of the requirements and would like to make it available in
large numbers to the general public around the Lake George basin, and
WHEREAS the Commission has solicited quotes for
printing of the rack card design and has identified the provider with
the lowest qualifying quote.
NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission
hereby authorizes an amount not to exceed $1,400.00 for the purchase of
30,000 rack cards from Acme Press, who submitted the low quote for the
printing in response to the Commission’s invitation for quotes, and
that the Commission also authorizes $1,014.40 to Mark Lange Design for
the design and layout of materials, and
BE IT FURTHER RESOLVED that the Commission authorizes the Executive
Director to execute a purchase order for the rack cards and thereafter
approve payment when the order is satisfactorily fulfilled in
accordance with the specifications (attached).
Item #4 — Project Review Resolutions
Resolution 2006-67 — Rees Pritchett
A discussion ensued among the Commission members regarding
interpretation of the laws regarding property lines and variance
Kenneth Parker said that he doesn’t think that the wharf/sundeck would
cause a negative visual impact.
John Pettica agreed with Kenneth Parker. He said that he doesn’t
see an impact in the negative.
Ronald Montesi said that the variance guidelines must be addressed in
order to grant this permit.
Martin Auffredou, Commission counsel, explained the variance
procedures. He said that the Commission members must determine if
Dr. Pritchett has any unique or peculiar circumstances and if any are
determined then a variance can be granted.
Roger Phinney asked if it is the Commission’s option how property lines
are interpreted. Molly Gallagher said that under the regulations
the more restrictive lines must always be used.
A discussion continued among the Commission members and Commission
counsel regarding tabling the application or approving a portion that
doesn’t need a variance. They also discussed the possibility of
approving only the dock portion and then having Dr. Pritchett come back
and apply for the boat cover/sundeck.
There was a general discussion that the grounds for granting a variance
had not been met, that no unique pr peculiar circumstances were shown
and that there was a lack of supporting documentation for a hardship
Kenneth Parker introduced Resolution 2006-67 which was seconded by
Thomas Conerty to deny the application.
There was a discussion on the resolution. It was noted that a
modification to the dock location may allow for the construction of a U
shaped wharf without a variance. It was also discussed that a
modification to the sundeck design could reduce the magnitude of the
variance. Commission members noted that applications are often
tabled to allow applicants to modify their plans or provide additional
information. It was also noted that this application was tabled
once previously by the Commission for that purpose.
Bruce Young noted that there was a resolution to deny on the
table. He explained that if the resolution to deny failed then a
motion to table the application would be in order. With this said
a roll call vote was taken.
Ayes: S. DeSantis, T. Morhouse, T. Conerty, J. McDonald, R. Montesi, B.
Nays: J. Pettica, R. Phinney, K. Parker, J. Kneeshaw
WHEREAS the applicant has applied for a permit for
wharf modification to remove an existing dock & construct a 31'
long, 22'6" wide, U-shaped crib wharf with an open-sided
WHEREAS the Lake George Park Commission has reviewed
the applications, 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
(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;
WHEREAS the applicant has not 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.
NOW THEREFORE BE IT RESOLVED
The Lake George Park Commission
hereby denies the request for variance and directs staff to offer the
applicant an opportunity to request a public hearing.
Resolution 2006-63 — Acceptance of the Project Review Report
Thomas Conerty read and moved to approve Resolution 2006-63 which was
seconded by Thomas Morhouse 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 September 18,
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.
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 spoke about some of the boat races on the lake which
included the Columbus Day Poker Run and about vessel noise testing that
will be taking place. Lt. Schneider said that there was an
executive session where active enforcement cases were discussed.
Resolution 2006-64 — Law Enforcement Report
Thomas K. Conerty read and moved to approve Resolution 2006-64 which
was seconded by Thomas Morhouse and all Commission members present
voted affirmatively to approve the resolution.
WHEREAS the Law Enforcement Committee met September
26, 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 — Invasive Species Prevention Program Report: Andrea L.
Andrea Maranville addressed the Commission members and discussed the
Invasive Species Participating Business program. She said that
the Commission will be sending out a letter from the Chairman, a survey
and a certificate of appreciation to all of the participating
businesses for their efforts in eradicating invasive species from Lake
Andrea Maranville also said that she has been working with Hillary
Oles, Director of the Adirondack Park Invasive Plant Program, to
coordinate a presentation at one of the Commission’s monthly
meetings. She said that the presentation would be similar to the
presentation from Mark Malchoff.
Item #7 — Public Comments
Lake George Association
Kathy Bozony said that she has been speaking with DEC about trying to
acquire financing to purchase and build bins for invasive
species. She also referred to a meeting that took place at the
Town of Lake George regarding timber harvesting.
Lake George Watershed Conference
The FUND for Lake George, Inc.
Lake George Waterkeeper
Christopher Navitsky addressed the Commission members and asked about
the Water-based Recreation Study Plan. He asked when the final
draft of the report would be issued and was also wondering when the
next meeting would be scheduled.
Michael White responded and said that the Draft Final Recreation Study
Plan would be released in mid October and the next meeting date will be
around November 9, 2006. He also said that the final report is
due to the Commission by December 2006.
Mr. Navitsky directed a question to Ron Montesi regarding the boat wash
Ron responded and said that one of the problems he is finding is that
some people felt that the process took too long and they just want to
get right into the water. He said that when the boats are being
washed it actually works out well.
Item #8 — Adjournment
There being no further business, on the motion of Thomas Conerty,
seconded by Thomas Morhouse, all Commission members present voting
affirmatively, the meeting was adjourned.
Michelle D. Way
Keyboard Specialist 1
Secretary’s Note: The next Commission meeting is
scheduled for Tuesday, October 24, 2006, 10:00 a.m. at the Holiday Inn,
Lake George, NY.