Lake George Park Commission

Meeting #369

September 30, 2008

Canoe Island Lodge

Diamond Point, NY


Presiding: Bruce E. Young, Chair



Commission Members Present: Thomas K. Conerty

John A. Pettica

Thomas J. Morhouse

Kenneth W. Parker

Thomas W. Hall

David G. Floyd

Joe Stanek

John McDonald

James Kneeshaw



Commission Members Absent: None





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

Michelle D. Way, Keyboard Specialist I

Peggy Stevens, Principal Account Clerk





Commission Counsel Present: Martin Auffredou





Others Present:



Maggie Stewart Joan Robertson John T. Brothers Gary Hobbs

Donald Hart Joan Hart Buzz Lamb Jill O'Sullivan

Don Henzel Jim Hutchins Howard Geiger James Mooney

Carole Hunt Scott Hunt Elizabeth Clark Kyle Hunt

Ed Gillia George Pensel Brian Hart Dennis Dickinson

Kris Malle Marion Sause Francis Sause Angeline McLarsen

Bonne Colomb Nancy Kachell Thomas McWarren James Carmel

Walt Lender Mary Alice Leary Chris Navitsky Peter Bauer

David Colomb Dennis Lynch Elizabeth Coates Fred Tedeschi

Anne Marie Giardelli Dave Decker



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



The 369th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:15 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 himself and Joe Stanek abstained from the vote due to the fact that they were not present at the July Commission meeting.



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



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



Chairman Young said that the Fiscal Actions Report for August 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 Morhouse, all members present voting

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



Resolution 2008-55 -- Purchase of Benthic Barrier Material



Tom Conerty read and moved to approve Resolution 2008-55 which was seconded by John McDonald

and all Commission members present voted affirmatively.



WHEREAS the Lake George Park Commission is established by Article 43 of the Environmental Conservation Law to provide a means for people who visit and reside at Lake George to preserve, protect and enhance the unique natural and scenic resources of the Lake George Park, and



WHEREAS the Commission has entered into a memorandum of understanding with the New York State Department of Environmental Conservation (1986) to convey to the Commission, specific authority for the management of nuisance aquatic plants including Eurasian Watermilfoil, and



WHEREAS the Commission has entered into a contract for the management of Eurasian Watermilfoil with Lycott Environmental, Inc. which requires that the Commission provide an adequate supply of benthic barrier panel which are installed over milfoil beds in the lake, and



WHEREAS the Commission has received competitive quotes for the desired materials.



NOW THEREFORE BE IT RESOLVED that the Executive Director is hereby authorized to execute a purchase order to IWT Cargo Guard in an amount not exceeding fifteen thousand dollars ($15,000.00) in total for the purchase of up to sixty-nine thousand square feet of benthic barrier material.



Item #3 -- 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 2008-47 -- Project Review Actions Report



Thomas Morhouse read and moved to approve Resolution 2008-47 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 September 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.



New Class A Marina Operation Submitted by William Dow, Town of Lake George, County of

Warren



Molly Gallagher introduced the project. She said that they are proposing to offer winter boat storage,

towing, fiber glass repair and the sale of boat/marine products.



Ed Gillis spoke on behalf of the project. Mr. Gillis spoke about EPA standards with regard to the

filtration system that will be installed where the fiber glass work will be done. He continued to speak

in more detail about the filtration system and the air quality.



Mr. Gillis said that they would like to store approximately 131 boats. He said that this is not a quick

launch operation -- It is strictly winter storage and repair.



Ted Brothers spoke on behalf of the applicant and said that he has been in the civil engineering field

for quite some time specifically with water quality and treatment. He said that he has known Mr. Gillis

for over 30 years and if everyone was as responsible about the lake then we would not have the

problems that we face today.



Ed Gillis spoke again regarding Zebra Mussel issues. He said that they plan to scrape and wash the

boats through a double filtering system.



Thomas Morhouse read and moved to approve Resolution 2008-53 which was seconded by Kenneth

Parker. All Commission members present voted to approve the resolution with the exception of John

McDonald and Thomas Conerty who have abstained due to personal relations with the applicant.



WHEREAS the applicant has applied for a permit to construct and operate a Class A Marina; 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, 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 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 Scott Hunt, Town of Queensbury, County of Warren



Molly Gallagher introduced the project. She said that this application is a modification to the existing

dock structure to add a boat lift.



Frank DeNardo spoke on behalf of the application. He said that he is the contractor for the applicant

and continued to explain the project. He said that the boat lift will be installed in an area that is very

rough and said that it is being installed for safety reasons.



Dave Floyd asked Mr. DeNardo how far out of the water the boat would be.



Mr. DeNardo said that Mr. Hunt has a very low profile boat and believes that when the boat is in the

water it will be at the same level as the dock.



Scott Hunt spoke on behalf of his application. He said that the reason for applying for a boat lift is to

protect his boat. He said that there are two slips that are totally exposed to the north winds and his

slip happens to be one of them.



Mr. Hunt said that his boat is the second smallest boat that Sea Ray makes and he also said that in

the 60's and 70's Shore Colony did have boat lifts.



Thomas Morhouse asked Mr. Hunt about damage to his boat in the past.



Mr. Hunt said that there was a major storm in 1999 that damaged his boat. He said that his boat was

found about 100 yards down in the shore.



Frederick Tedeschi spoke against the project. He said that he is opposed to the application based on

three (3) different issues.



Issue #1 is the fact that Mr. Hunt does not own the land. He said that interest in the land is divided

among the association members. Each association member has a 1/100th interest, he said.



Mr. Tedeschi said that Mr. Hunt does not have a right to alter the dock because he does not own it -

he only has a right to dock a boat there.



Issue #2, he continued, is that the view will be blocked.



Mr. Tedeschi said that he is a member of the Harris Bay Yacht Club and he knows what boats on lifts

look like.



Issue #3 is safety issues with regard to the boat lift.



Mr. Tedeschi said that he concerns regarding equipment safety as well as the safety of the children.

He said that kids play around the dock day and night.



A discussion continued among the Commission members and Mr. Tedeschi regarding the issues

stated above.



A discussion continued among the Commission members regarding the ownership of the dock and

the rights that come along with the ownership.



Thomas Hall said that he will not render an opinion on ownership of the dock but said that Mr. Hunt

is entitled to repair the dock so he should have the right to modify the dock. He said that he is in favor

of granting the permit.



Jim Kneeshaw said that he concurs with Thomas Hall.



Joe Stanek said that he visited the site and thinks that there may be a slight visual impact with regard

to the boat lift.



Thomas Conerty said that he agrees with his fellow Commission members and would vote to approve

the application.



David Floyd said that he would also vote to approve the application.



John Pettica said that he would also vote to approve the application. He said that he does not see

any undue visual impacts.



John McDonald said that he also agrees and would vote to approve the application.



Kenneth Parker said that the record shows that some of the members of the association are in favor

of the boat lift - they are not all against it. He said that he would vote to approve the application.



Thomas Morhouse said that the visual objection varies and depends on how old you are or how tall

you are. He said that he would vote to approve the application.



Chairman Young said that the main issue is the visual impact and he sees no grounds to deny the

application.



Thomas Morhouse read and moved to approve Resolution 2008-52 which was seconded by John

McDonald and all Commission members present voted affirmatively.



WHEREAS the applicant has applied for a permit for the installation of a boat lift; 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 interested parties have brought forth concerns about the project's conformance with regulatory standards; and

 

WHEREAS the Commission finds that the application complies with regulatory limits and requirements; 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.



Stormwater Management Submitted by Melissa Geiger, Town of Putnam, County of Washington



Molly Gallagher introduced the project. She said that the Melissa Geiger is applying for a stormwater

variance to construct a driveway extension on Sagamore Road in the Town of Putnam.



Molly Gallagher said that the variance standards for stormwater are very different from the variance

standards for docks. She said that the Geiger's are in need of an area variance which has least

number of standards.



Jim Hutchins spoke on behalf of the Melissa Geiger. He said that he is proposing to extend the

driveway from the main level of the house down to the existing parking area.



Mr. Hutchins spoke about the series of retention areas that he has proposed to collect runoff from the

property.



Mr. Hutchins said that the retention basin would only be 55 feet from the lake as opposed to the

required 100 feet. He said that he would be willing and able to provide stage reports to the

Commission.



Thomas Morhouse asked Mr. Hutchins if blasting would take place.



Mr. Hutchins said that yes, blasting would take place - even extensive blasting in a couple

concentrated areas.



Howard Geiger spoke on behalf of the project. He said that there are approximately 106 or 107 steps

from the existing parking area to the camp and his wife has a hard time getting up and down the stairs.

He said that he would like to use the roadway to get up to the main level of the house.



Roger Smith said that he met with the Geiger's contractor last year. He said that he has worked with

Jim Hutchins extensively and thinks that the project offers a lot of benefit with regard to erosion and

sediment controls.



Mr. Smith said that overall he thinks this is a good project.



John Pettica said that the erosion and sediment control report/inspection, mid-stage report/inspection

and the final inspection are a great idea. He also said that he likes that they make things more

interactive between the Commission and the applicant.



Thomas Morhouse said that he did go to the site and he can testify that all those steps are there. He

said that Roger Smith and Jim Hutchins did a good job on this plan.



Jim Kneeshaw spoke about blasting. He said, "how much do we allow people to blast to meet their

needs," "how much do we change the terrain to accommodate the people living there?"



Kenneth Parker said that he understands the reason for extending the driveway and has no objections

to what they are doing.



John McDonald said that he spoke with Roger Smith regarding what currently exists compared to

what will exist and thinks that they have gone above and beyond what is required. He said that he is

familiar with constructing a driveway and would vote to approve the project.



David Floyd said that the engineering form has done a good job and he would vote to approve the

project.



Thomas Conerty said that he would vote to approve the application.



Jim Kneeshaw said that he concurs and would vote to approve.



Joe Stanek said that he also concurs and would vote to approve.



Thomas Halls agreed with the members and said that the infiltration structure will not pose any

concerns for the lake.



Chairman Young said that he also agrees with all the members and would vote to approve the

application.



Chris Navitsky spoke in regard to the Geiger application. He said that he is not opposed to

construction with difficult conditions and continued to speak about check dams, rip rap and a 10 ft.

separation versus a 15 ft. separation.



Mr. Navitsky said that the recommendations by Roger Smith are great.



Thomas Morhouse made a motion to approve Resolution 2008-50 which was seconded by Kenneth

Parker and all Commission members present vote affirmatively.



WHEREAS the applicant has applied for a permit for stormwater management; 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



WHEREAS the Commission finds that the project meets the design requirements and performance standards set forth in ECL Section 43-0112, 6NYCRR 646-4.17(b) with the exception of compliance with setback requirements; and



WHEREAS the applicant has requested variance from 6 NYCRR 646-4.14(a)



(3) Infiltration devices shall not be installed up gradient within twenty (20) feet of the subsurface treatment system of a wastewater treatment system. Infiltration devices for roadways, parking lots, and other areas subject to vehicle traffic shall not be installed within 100 feet of any water well, wetland or water body.



WHEREAS the Commission finds that the project will not have an undue adverse impact on the health, safety and welfare of the public or on the resources of the Lake George Park and will not lead to a diminution of water quality, an increase in erosion, or an increase in stormwater runoff from the site either during or following construction; and



WHEREAS the Commission finds that the stormwater control measures proposed for the proposed project will function as designed and that such measures represent the best possible methods and procedures for controlling stormwater runoff that is feasible and practicable at the particular project site; and



WHEREAS the Commission finds that adequate and sufficient measures have been taken to ensure accountability and responsibility over the life of the project should the stormwater control measures not function as intended, fail, or suffer from inadequate maintenance to ensure its proper functioning; and



WHEREAS the Commission finds that the proposed project will not contribute to flooding, siltation or streambank erosion and will not result in any increase, directly or indirectly, in pollution to Lake George or its tributaries from stormwater runoff.



NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby approves the above application as proposed with the following special conditions:



20. Prior to construction, the permittee shall submit certification of inspection by the engineer that the erosion controls are in accordance with permit plans.

 

21. At the mid-point of construction the permittee shall submit re-certification by the engineer that erosion controls are maintained and functioning and report any field findings which may require a modification to the stormwater permit.

 

22. Upon completion, the permittee shall submit final inspection and re-certification by the project engineer of project site stabilization and compliance with the permit requirements.



Stormwater Management Submitted by Paul & Nicole Ryan, Town of Fort Ann, County of

Washington



Molly Gallagher introduced the project. She said that the Ryan's plan to tear down the existing home

and build a new single family home.



Dennis Dickinson spoke on behalf of Paul and Nicole Ryan. He said that the entire building site is

clay and two percolation tests have been done -- which did not percolate.



Dennis Dickinson spoke about infiltration, grass swales, grass strips, vegetation and bio-retention

areas. He also spoke about the 100' setback variance required. He said that he has been working

very closely with the Park Commission to make sure that everything is in accordance with the rules

and regulations of the Commission.



Chris Navitsky, Lake George Waterkeeper, said that he supports the proposal for bio-retention areas.

He also said that the project is located in a critical environmental area and should be considered a

major project.



Dennis Dickinson spoke again regarding the infiltration on the property.



Thomas Hall said that it comes to the stand point that what we will have is better than what we have

now. He said that he is in favor of the project.



James Kneeshaw spoke about the level of cooperation between all of the involved parties. He said

that he would also vote in favor of the project.



Joe Stanek said that he would vote to approve the project



Thomas Conerty said that he would vote to approve the project.



David Floyd said that he would vote to approve the project.



John McDonald said that he would vote to approve the project with the inspection/conditions discussed.



Kenneth Parker said that he supports the application and would vote to approve.



Thomas Morhouse said that he would vote to approve the application.



Chairman Young said that he would also vote to approve the application.



Thomas Morhouse read and moved to approve Resolution 2008-51 which was seconded by David

Floyd and all Commission members present voted affirmatively.



WHEREAS the applicant has applied for a permit for stormwater management; 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 project meets the design requirements and performance standards set forth in ECL Section 43-0112, 6NYCRR 646-4.17(b) with the exception of compliance with setback requirements; and



WHEREAS the applicant has requested variance from 6 NYCRR 646-4.14(a)



(3) Infiltration devices shall not be installed up gradient within twenty (20) feet of the subsurface treatment system of a wastewater treatment system. Infiltration devices for roadways, parking lots, and other areas subject to vehicle traffic shall not be installed within 100 feet of any water well, wetland or water body.



WHEREAS the Commission finds that the project will not have an undue adverse impact on the health, safety and welfare of the public or on the resources of the Lake George Park and will not lead to a diminution of water quality, an increase in erosion, or an increase in stormwater runoff from the site either during or following construction; and



WHEREAS the Commission finds that the stormwater control measures proposed for the proposed project will function as designed and that such measures represent the best possible methods and procedures for controlling stormwater runoff that is feasible and practicable at the particular project site; and



WHEREAS the Commission finds that adequate and sufficient measures have been taken to ensure accountability and responsibility over the life of the project should the stormwater control measures not function as intended, fail, or suffer from inadequate maintenance to ensure its proper functioning; and



WHEREAS the Commission finds that the proposed project will not contribute to flooding, siltation or streambank erosion and will not result in any increase, directly or indirectly, in pollution to Lake George or its tributaries from stormwater runoff.



NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby approves the above application as proposed with the following conditions:



20. Prior to construction, the permittee shall submit certification of inspection by the engineer that the erosion controls are in accordance with permit plans.

 

21. At the mid-point of construction the permittee shall submit re-certification by the engineer that erosion controls are maintained and functioning and report any field findings which may require a modification to the stormwater permit.

 

22. Upon completion, the permittee shall submit final inspection and re-certification by the project engineer of project site stabilization and compliance with the permit requirements.

 

Class A Marina Modification Submitted by Boats By George, Inc., Town of Queensbury, County

of Warren



Chairman Young said that this application has been before the Commission previously and has been

tabled during discussions. He said that he will not be listening to any further comments.



Chairman Young said that the Commission was looking for a specific request in regard to quick launch

information and historical data. He asked Molly Gallagher if the information was received and if it was

sufficient.



Molly Gallagher said that the she did receive the documents and was satisfied that Boats By George

does keep good records with regard to the number of boats at the facility at any given time. She said

that this will allow us to project the number of launches on a daily basis. She also noted that Boats

By George, Inc. plans to eliminate rentals from their facility.



Thomas Hall said that the information requested was received and he is satisfied that the information

concludes that there will not be any issues. He said that going from 80 to 100 is acceptable.



Thomas Morhouse read and moved to approve Resolution 2008-48 which was seconded by Thomas

Hall. A roll call vote was taken.



Ayes: T. Morhouse, T. Hall, T. Conerty, J. Stanek, J. McDonald, J. Pettica, J. Kneeshaw, K. Parker

and B. Young (9)



Nays: None (0)



Abstentions: D. Floyd (1)



WHEREAS the applicant has applied for a permit to modify an existing Class A Marina; 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 application is an Unlisted Action; and

 

WHEREAS the modification request is considered to be a Major project pursuant to 6 NYCRR 645-5.3 and public notice has been published and distributed; 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 Commission adopts the draft negative declaration prepared by staff and approves the application, as proposed



Wharf Construction Submitted by Hart Family, LLC, Town of Lake George, County of Warren



Chairman Young said that this application has also been before the Commission on several occasions

therefore he is not allowing any further comments on this application.



Chairman Young said that the application being voted on today includes an alternative -- Proposal B

which has been provided to both parties.



Thomas Morhouse said that he would accept Proposal B with the PWC's allowed only on the south

side of the dock.



Kenneth Parker said that he would tend to offer approval of the project. He added that he supports

the modified request.



John McDonald said that he also supports the modified request.



John Pettica said that he disagrees with the request. He said that he thinks there are other

alternatives and he would not approve the application.



David Floyd said that he would approve the application but does not agree with the PWC's being on

the south side of the dock. He added that no motorized vessel should be allowed on the south side

of the dock -- a canoe or row boat would be okay.



Thomas Conerty said that he would vote to approve the application as proposed.



Joe Stanek said that he would not vote to approve the application.



James Kneeshaw said that the original deed is the most compelling piece of information we have. He

read from a portion of the deed (dated May 22, 1925) and said that he would vote to approve the

application as presented.



Thomas Hall said that the application went to a hearing because of community character conflicts and

Mr. Hart has made changes to his proposal to try to alleviate some of the concerns of the neighbors.



Mr. Hall said that he believes that alternative B does this and said that he would be in favor of the

application I the PWC's were removed from the south side of the dock.



A discussion continued among Chairman Young and Commission Counsel, Martin Auffredou

regarding last months discussion to move the dock.



Thomas Morhouse read and moved to approve Resolution 2008-49 which was seconded by James

Kneeshaw. A roll call vote was taken.



Ayes: T. Morhouse, J. Kneeshaw, K. Parker, T. Hall, T. Conerty, B. Young and J. Stanek (7)



Nays: J. Pettica, J. McDonald and D. Floyd (3)



Abstentions: None (0)



WHEREAS the applicant has applied for a permit to construct a new dock and modify an existing dock; 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 applications were the subject of a legislative hearing and issues conference convened on July 7, 2008 and an adjudicatory hearing held on July 16, 2008 presided over by Molly T. McBride, ESQ., Administrative Law Judge; and



WHEREAS the Commission finds that revisions to the project plans serve to address concerns of safety, congestion and impact on neighborhood character; and

 

WHEREAS the Commission finds that the application as modified complies with regulatory limits and requirements; 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 revised by plans labeled Alternative B.



Item #4 -- 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 9:00 a.m. where they moved

immediately into a lengthy Executive Session. He said that they returned to regular session at 10:15

a.m. and immediately adjourned the meeting.



Thomas Conerty read and moved to approve Resolution 2008-54 which was seconded by John

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



WHEREAS the Law Enforcement Committee met September 30, 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.



Michael White said that all of the Commission members converged earlier at the Law Enforcement

Committee meeting where they received and discussed an internal draft from Lt. Thomas Caifa with

regard to numerous alleged violations by JDQ Enterprises, Inc. of the Lake George Park Commission

rules and regulations.



Michael White read Resolution 2008-63 which was moved by Thomas Conerty and seconded by John

McDonald and all Commission members present voted affirmatively.



WHEREAS the Commission has reviewed an internal report by Lt. Caifa involving parasail/boating accidents of which occurred on August 10, 2008, and



NOW THEREFORE BE IT RESOLVED that the Commission authorizes Counsel and staff to issue a

Notice of Hearing and Complaint involving seven (7) alleged violations of the Commission's regulations

against JDQ, Inc. related to the accidents, and



BE IT FURTHER RESOLVED that the Commission authorizes staff and counsel to issue a Notice to

JDQ, Inc., Lake George Parasailing Adventures of its intent to review the permit issued for parasail

operations pursuant to 6 NYCRR 645-5.10 which relates to the supervision, modification and

revocation of permits.



Item #5 -- Public Comments



Lake George Association



Walt Lender, Executive Director of the Lake George Association, said that he thinks that the

conditions placed on the stormwater applications are very good.



The FUND for Lake George, Inc.



No comments.



Lake George Waterkeeper



Chris Navitsky spoke about the 2007 Stream Assessment Report. He said they have studied and

monitored 47 streams in and around the Lake George Basin. All details are included in the 2007

Stream Assessment Report.



Mr. Navitsky handed out the 2007 Stream Assessment Reports to any one who was interested in

receiving a copy.



Lake George Watershed Conference



Dave Decker spoke about many different topics such as the stormwater trade show, septic

maintenance districts in the Town of Queensbury and Cleverdale.



Public Comments



No comments.



Item #6 -- Adjournment



There being no further business, on the motion of Kenneth Parker, seconded by Thomas Morhouse

the meeting was adjourned at 1:05 p.m.

 

Respectfully submitted,







Michelle D. Way











Secretary's Note: The next Commission meeting is scheduled for Tuesday, October 28, 2008, 10:00 a.m. at the Fort William Henry Resort and Conference Center, Route 9, Canada Street, Lake George, NY.