Last Updated On:
Tuesday, December 18, 2012
The applicant proposes to construct two 44' long x 34' wide U-shaped pile supported association docks located at 2522 Northern Lights Point (7.12-1-17). The project is designated as Moderate Intensity on the Adirondack Park Land Use and Development Map. The applicant has more than 550 feet of lake front and is proposing the docks to serve existing residents in the Glenburnie Community. The project will require a permit from the Lake George Park Commission as well as Site Plan Review by the Town of Putnam Planning Board. The Lake George Park Commission has made a determination the proposed docks are association docks despite the fact the docks will be located on private property.
The Waterkeeper concerns included: future precedent of creating “association docks” when the operations are more like a commercial marina; long term enforcement of the ownership of the slips by residents of Glenburnie; impacts for the development of the site including the need for parking, wastewater, stormwater, garbage, and disturbance issues. The Waterkeeper concerns to the Town of Putnam Planning Board included: impact on shoreline, precedent setting decision, environmental review concerns and jurisdictional concerns.
The Lake George Park Commission had a public comment period that was open until May 8, 2012 and was extended until May 15, 2012. The Town of Putnam Planning Board submitted a list of concerns to the LGPC including: access, road ownership; parking; garbage; sanitation; stormwater controls; water use safety issue; renting of slips; sale of docks outside the park; conformance with Town of Putnam Ordinances; emergency vehicle access; day use of docks; and extend comment period until June 14, 2012. The applicant's agent attended the August 8, 2012 Planning Board meeting and questioned the Town's jurisdiction due to the recent Court decision regarding the State's oversight of docks on state waters. The agent stated most of the Town's concerns would be applicable if s Site Plan Review was necessary but claims one is not since there is no change in land use - the docks will be for residential purposes for the HOA and not commercial use. The Planning Board stated the use will violate the Gull Bay/Glenburnie/Black Point Residential Special District that was adopted by the Town in the 1970s. The applicant subsequently revised the application by eliminating one of the docks and presented to the Town of Putnam Planning Board at the September 12, 2012 meeting. The Planning Board expressed concerns about the right-of-way and the commercial enterprise in the residential district. The application was heard by the Lake George Park Commission at their September 25, 2012 meeting. The LGPC staff prepared a Negative Declaration for the application for review by the Commission. After the applicant's presentation and public opposition, it was determined by the LGPC to table the application pending review of the SEQR documents and receive a recommendation from staff after public comment. A public hearing was scheduled for the October 10, 2012 Town of Putnam Planning Board meeting. The applicant stated that the Town was limited to only the review of the 216 sf associated with the parking area for 4 golf carts. The Town Planning Board stated concerns about the compliance with the Residential Ordinance and the potential precedent that would set regarding shoreline development and funneling. The Town of Putnam Planning Board tabled the application pending review by the LGPC. In October, the Adirondack Park Agency issued two decisions, first on 10/12/12 determining the project was jurisdictional and then reversed that determination on 10/23/12. At the November 27, 2012 Lake George Park Commission meeting, the Commission approved the project application and issued a Negative Declaration, 6-1, with a condition that an erosion control plan be submitted. The Commission felt the deed restrictions were protective and the future dock owners would be required to be existing home owners in Glenburnie. The project was in front of the Town of Putnam Planning Board for Site Plan Review on December 12, 2012. At that meeting, the Planning Board could not pass a resolution regarding the application and requested a determination from the Town Board regarding the intent of the 1971 Residential Ordinance in Glenburnie.
Waterkeeper Comments Document
2522 Northern Lights Point
Putnam, NY 12861