Lake George Park Commission

Meeting #359

  25 September 2007

Canoe Island Lodge

Diamond Point, NY


Presiding:					Bruce E. Young, Chair
Commission Members Present:	Thomas K. Conerty
      	                        Thomas J. Morhouse
      	                        Roger H. Phinney
       	                        Thomas W. Hall
       	                        John A. Pettica, Jr.	                             
       	                        Shauna M. DeSantis
       	                        James T. Kneeshaw
Commission Members Absent:	Kenneth W. Parker
      	                        John C. McDonald, Jr.	
                    
                         
Commission Staff Present:		Michael P. White, Executive Director 
Roger R. Smith, Conservation Operations Supervisor II
Molly Gallagher, Environmental Analyst II
Michelle D. Way, Keyboard Specialist 1
Peggy Stevens, Principal Account Clerk
Keith Fish, Operation’s Director
                         
Commission Counsel Present:	Martin Auffredou
Others Present: Joan Robertson      Maggie Stewart      Jeffrey Meyer  Robert Swatling
                Tony Reale  Wayne Williams           Buzz Lamb      Mary Alice Leary
                Robert Scanlon      Jeff Provost   	
                                                
Item #1 - Introductions, Roll Call, Minutes of Previous Meeting:  Bruce E. Young
The 359th meeting of the Lake George Park Commission was called to order by Chairman Young at
10:30 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.  There were none.
On the motion of Thomas Conerty, seconded by Thomas Morhouse, all Commission members present
voted affirmatively to approve the minutes of the previous meeting.
Item #2 — 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 Thomas Conerty, seconded by John Pettica, all members present voting affirmatively,
the August Fiscal Actions Report was approved as submitted.
     
     Item #3 — Project Review — Public Comments on Pending Applications and Project Review
     Resolutions:  Molly Gallagher  
     
     Molly Gallagher read from a prepared statement (attached) regarding Project Review procedures.
     Commissioner Young spoke about the Project Review portion of the meeting.
     
     Resolution 2007- 64  — Acceptance of Project Review Actions Report
     
     Thomas Morhouse read and moved to approve resolution 2007-64 which was seconded by Thomas
     Hall and all 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 10, 2007.
     
               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.
     
     Modification of an Existing Dock, Town of Bolton, County of Warren
      
     Molly Gallagher introduced the project.  She said that this application was presented at the previous
     Commission meeting and said that a variance from the offshore distance is required.
     
     Jeffrey Meyer of Fitzgerald, Morris, Baker, Firth said that he and Wayne Williams are present
     to represent Jennifer Brorsen in this application.
     
     Mr. Meyer said that the wharf is pre-existing and would not be changed to add any additional slips.  
     He said that they are not adding any additional congestion because only one boat will be kept at the
     dock.
     
     Mr. Meyer said that the Town of Bolton did approve this project.  He continued to discuss the economic
     hardship part of the variance requirements.  He said that there isn’t much of an economic hardship it is
     more of a hardship on personal property such as the docks and boats being destroyed by the sun
     and the seagulls.
     
     Thomas Hall asked Jeffrey Meyer about a letter that was written on September 7, 2007 regarding
     Jennifer Brorsen’s lake frontage.  He asked if the lake frontage was actually 1400 ft. or 14,000 ft. as
     stated in the letter. 
     
     Mr. Meyer said that it is actually 1400 ft. and apologized for the typo.
     
     Thomas Morhouse said that he went out and took a look at the site and the project and said that he
     does not see a problem with it.
     
     Shauna DeSantis said that she would vote to approve this project as well but would like Jeff to speak
     more on variance requirement number 2.
     
     Mr. Meyer said that requirement is one of the hardest to answer because there isn’t much of an
     economic impact as much as it is a hardship on the personal property.
     
     Roger Phinney said that he has no concerns with the project.
     
     John Pettica said that he would approve the project and think that they did a great job reconfiguring 
     the height of the dock.
     
     Thomas Conerty said that he would have to agree with John Pettica.
     
     James Kneeshaw said that he would approve the project.
     
     Thomas Hall said that he would approve the project.
     
     A roll call vote was taken.
     
     Ayes: (8) Young, Conerty, Hall, Phinney, Pettica, DeSantis, Morhouse and Kneeshaw 
     Nays: 0
     Abstentions: 0
     
     Modification of an Existing Dock submitted by William O’Connor, Town of Ticonderoga, County
     of Essex
     
     Molly Gallagher introduced the project.  She said that the applicant has a pending enforcement
     action for a boat lift that was installed without a permit from the Lake George Park Commission.  At
     issue is whether the lift complies with the standards and can remain.  To gage this, the Commission
     has issued notice and otherwise assessed the matter in an application like manner.  Comments from 
     the neighbors raising the issue of visual impacts are the basis for the referral of the matter to the
     Commission.  
     
     Jeff Provost of the Dock Doctors was present on behalf of William O’Connor.  He said that the dock is 
     a seasonal dock and that the lift is a standard pre-fabricated aluminum lift which are very common in
     this area of the lake.
     
     Mr. Provost said that he would be happy to answer any questions.
     
     John Pettica asked Mr. Provost what the depth of the water is.  Mr. Provost said that the water depth 
     is very shallow — approximately 2 ft. deep.  He said that the reason for the extension is to get into 3 ft.
     of water.
     
     John Pettica asked about the boat lift and the reasons for using a lift.
     
     Shauna DeSantis asked Mr. Provost if the lift was adequate.  Mr. Provost said that the lift is adequate.
     
     Thomas Hall spoke about visual impacts.  He said that he does not see anything in the application 
     that shows visual impacts.  He also said that he sees nothing in the Barney comments that
     demonstrate a clear visual impact.
     
     James Kneeshaw said that the application appears to be in order.
     
     Thomas Conerty said that he has no problem with this application.
     
     John Pettica said that he sees no visual impact.
     
     Roger Phinney said that he has no problems regarding visual impacts.
     
     Shauna DeSantis spoke about the need to extend the docks further into the lake.
     
     Molly Gallagher said that William O’Connor would still be well within the mean/low water mark even
     with the extension.
     
     Thomas Morhouse said that he does not see any visual impacts with the neighbors.
     
     Thomas Morhouse read and moved to approve Resolution 2007-66 which was seconded by Roger
     Phinney and all Commission members present voted affirmatively to approve the resolution.
     
               WHEREAS   the Project Review Committee has reviewed the application, supporting documents, comments
               received and other information which appears in the record; and 
     
               WHEREAS   a possible violation of the Environmental Conservation Law was noted at a recent site inspection;
               and 
     
               WHEREAS   the Commission has determined that the project will not result in an undue visual impact; 
     
     
     NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby resolves to remand further
     processing to staff, pending conclusion of the enforcement matter.
          
     Item #4 — Law Enforcement Committee Report:  Michael P. White
     
     Michael White said that the Law Enforcement Committee met today and discussed active law
     enforcement cases.
     
     Thomas Conerty read and moved to approve the Law Enforcement report which was seconded by
     Thomas Hall and all Commission members voted affirmatively. 
     
     Item #5 — Stormwater Management Report:  Michael P. White
     
     Michael White said that the stormwater report is the Law Enforcement report, explaining that while a
     separate list of program activities was distributed, many of the matters were enforcement cases
     discussed previously in the Law Enforcement meeting.  He spoke about the stormwater permits and 
     the fact that it has been a little slow but said that we are getting into the construction season.
     
     Mr. White said that “windshield surveys” had been conducted in areas where the Commission
     administers the rules.  He said that the Commission has two inspectors who are working on these 
     and on inspections of active permit and enforcement matters.
     
     Mr. White also spoke about stormwater inspections, case reports and assistance to local governments.  
     
     Item #6 — Public Comments
     
     Robert Scanlon of the Power Boat Association thanked the Commission for the opportunity to speak 
     in front of the board.  He said that for the past 6 years the Poker Boat Association has held a Poker
     Run (Fun Run) to raise money for several different charities.
     
     Mr. Scanlon spoke about several incidents from the previous year’s “Fun Run” where members were
     ticketed for speeding and noise restrictions.
     
     Mr. Scanlon spoke about a meeting that he had with Mayor Blais and others regarding the Poker Run.
     He said that they are in support of the “Run” and is hoping that the Park Commission will be in support 
     of the run as well.
     
     The Commission continued to discuss the “Run” and spoke about noise restrictions as well as speed
     restrictions for the members while under the Regatta permit.
     
     Lake George Association
     Not present.
     
     The FUND for Lake George, Inc.
     Not present.
     
     Lake George Waterkeeper
     Not present.
     
     Lake George Watershed Conference
     Not present.
     
     Item #7 — Adjournment
     
     There being no further business, on the motion of Thomas Conerty, seconded by James Kneeshaw the
     meeting was adjourned at 11:05 a.m.
      
     
     Respectfully submitted,
     
     
     
     Michelle D. Way 
     Keyboard Specialist 
     
     
     
     
Secretary’s Note:	The next Commission meeting is scheduled for Tuesday, October 23, 2007,
10:00 a.m. at the Holiday Inn, Lake George, NY.